Report to City Centre South and East Planning and Highways Area Board

SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate

REPORT TO CITY CENTRE SOUTH DATE 29/09/2008 AND EAST PLANNING AND HIGHWAYS AREA BOARD

REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM

SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS

SUMMARY

RECOMMENDATIONS

SEE RECOMMENDATIONS HEREIN

THE BACKGROUND PAPERS ARE IN THE FILES IN RESPECT OF THE PLANNING APPLICATIONS NUMBERED.

FINANCIAL IMPLICATIONS N/A PARAGRAPHS

CLEARED BY

BACKGROUND PAPERS

Chris Heeley 0114 2736329 CONTACT POINT FOR ACCESS Kate Mansell TEL NO: 0114 2736141

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

Application No. Location Page No.

06/04408/OUT Land To The Rear Of Abbeydale Hall Abbeydale Park 6 Abbeydale Road South Dore Sheffield S17 3LJ

08/00779/FUL 481 Glossop Road, 1A And 1B Ashgate Road Sheffield 20 S10 2QE

08/02596/ADV Kersal Mount Nursing Home 115 Manchester Road 25 Sheffield S10 5DN

08/02700/FUL North Yard Well Meadow Street 31 Sheffield

08/02701/LBC North Yard Well Meadow Street 48 Sheffield

08/02770/FUL Site Of Shiregreen WMC Shiregreen Lane 55 Sheffield

08/03002/CHU Sheffield United Football Club Bramall Lane 74 Sheffield S2 4SU

08/03070/CHU 16A Dixon Lane Sheffield 80 S1 2AL

08/03245/CHU 455 Abbeydale Road Sheffield 85 S7 1FS

08/03336/FUL 35 St Barnabas Road Sheffield 94 S2 4TF

3 08/03592/OUT Lynthorpe House 86 Charlotte Road 98 Sheffield S1 4TL

08/03707/OUT Lodge Farm Mawfa Crescent 106 Sheffield S14 1AS

08/03734/FUL Land Between 109 And 165 Shirebrook Road 114 Sheffield

08/03755/FUL Dexel Tyres 1 - 15 Westbury Street 126 Sheffield S9 3JQ

08/03767/FUL Waitrose Supermarket 123 Ecclesall Road 138 Sheffield S11 8HY

08/03789/FUL 148 London Road Sheffield 156 S2 4LT

08/03844/FUL Mandale House 28 Bailey Street 161 Sheffield S1 4EH

08/04132/FUL Sheffield Airport Business Centre Europa Court 167 Sheffield S9 1XZ

08/04232/RG3 Tudor Square Sheffield 181 S1 2LA

08/04264/FUL Site Of 31 Smithfield Road Sheffield 194 S12 3JN

08/04440/CHU Creche The Oasis Meadowhall Centre 203 Meadowhall Way Sheffield

5 SHEFFIELD CITY COUNCIL

Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The CITY CENTRE, SOUTH AND EAST Planning And Highways Area Board Date Of Meeting: 29/09/2008

LIST OF PLANNING APPLICATIONS FOR DECISION OR INFORMATION

*NOTE* Under the heading “Representations” a Brief Summary of Representations received up to a week before the Area Board date is given (later representations will be reported verbally). The main points only are given for ease of reference. The full letters are on the application file, which is available to members and the public and will be at the meeting.

Case Number 06/04408/OUT

Application Type Outline Planning Application

Proposal Erection of 10 apartments in 5 villas with associated landscaping and car parking

Location Land To The Rear Of Abbeydale Hall Abbeydale Park Abbeydale Road South Dore Sheffield S17 3LJ

Date Received 16/11/2006

Team SOUTH

Applicant/Agent P Gray - Hill Construction

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the proposed development would result in the loss of a valuable informal Local Open Space which is a greenfield site of public amenity value of interest to nature conservation, including vegetation and woodland trees which are the subject of a Tree Preservation Order, with inadequate opportunities for replacement planting. The proposed development would thereby be detrimental to the natural environment and the amenities of the locality and contrary to Policies BE6, GE11, GE15, LR4, LR5 and LR8 of the adopted Unitary Development Plan and aims of national planning policy in PPS1 and PPS3.

2 Insufficient information is provided to satisfy the Local Planning Authority that the ponds and water features within the site can be adequately retained, protected and enhanced and that the character and appearance of the Victorian historic garden can be adequately protected. In the absence of sufficiently detailed proposals, the proposals are deemed contrary to Policies GE16 and BE21 of the adopted Unitary Development Plan.

3 The Local Planning Authority consider that the proposed development would result in the loss of informal recreation space and would result in an overall deficiency in recreation space in an area where informal recreation provision is significantly below the minimum guideline as set out in the adopted Unitary Development Plan and the Supplementary Planning Guidance: Open Space Provision in New Housing Development. The proposed development is therefore contrary to Policies LR5 and LR8 of the adopted Unitary Development Plan.

7 Site Location

INTRODUCTION

This application was deferred at the last Board meeting to allow Members to visit the site.

The application is long outstanding due to protracted negotiations and time given to allow for the preparation, submission and assessment of additional supporting documents. The scheme has been reduced from 16 units to 10 units. It should be noted that the applicant has confirmed that any further reduction in the number of blocks would not be financially viable.

LOCATION AND PROPOSAL

The site covers an area of approximately 0.6 hectare. Abbeydale Sports Club surrounds the site on three sides. The site sits below rugby pitches to the south-

8 west, a sports hall to the north-west and a car park and cricket field to the north- east. There is a pedestrian gate to the site through the remaining boundary. Access to the gate is over the private driveway of Abbeydale Hall and through the relatively recent flats complex to the rear of that building.

The land was formerly a designed garden serving Abbeydale Hall. It contains a number of linked ponds within a woodland setting. Under Council and Sheffield College ownership respectively, it was maintained as a ‘Community Wildlife Garden’ in the 1980s/90s by local interest groups, including the Friends of Abbeydale Hall Gardens, in association with the Council’s Planning and Ecology Services. Since disposal of Abbeydale Hall by Sheffield College, ownership of the application site was split from Abbeydale Hall and maintenance has ceased. The site is now neglected and rundown and there is evidence of tipping in a small area close to the access gate. The site has now been returned to the same ownership as Abbeydale Hall.

The proposal is in outline with all matters reserved for subsequent approval. However, due to the significant site constraints, it has been necessary to provide a level of detail beyond that normally expected for outline applications.

The proposals are for 10 flats in 5 x 2 storey blocks. The buildings are indicated to be located close to the north-west and north-east boundaries of the site. Vehicular access is proposed to be taken from Abbeydale Road South through the grounds of Abbeydale Hall and past the blocks of flats. The access drive is shown to extend alongside the largest pond right up to the rear (north-east) boundary of the site. Car parking for 12 vehicles is proposed.

RELEVANT PLANNING HISTORY

An application for planning permission for 16 apartments was withdrawn prior to being validated in March 2006 (ref.05/04366/OUT).

Planning permission for alterations and extensions to Abbeydale Hall to form 8 apartments and the erection of a further 27 apartments in 5 x 3 storey blocks was granted planning permission in 2000 (ref.99/01758/FUL). The permission is subject to a legal agreement to secure pedestrian access across the Abbeydale Hall site to the application site at all times and to secure vehicular access for maintenance purposes.

Listed Building Consent for the works to the Hall was granted concurrently (ref.99/01759/LBC).

SUMMARY OF REPRESENTATIONS

The application has been advertised as a Major Development and as Affecting the Setting of a Listed Building. Near neighbours were notified about the original proposals for 16 apartments and have been re-notified about the reduced scheme.

A total of 28 representations were received as a result of the first consultation. These are summarised below:

16 letters of objection from local residents (9 of which are from 3 households):

− removal of trees (45) and shrubs harmful to wildlife, flora, fauna and valuable habitats in protected area – damage to pond already affected wildlife – this area had previously been carefully tended by a local voluntary group and local residents − understanding that site was to be restored and maintained as ‘planning gain’ from previous flats development − agent’s claim that applicant ‘is unaware of events that led to the site no longer being maintained’ is hard to believe – applicant’s workmen dumped felled trees and rubbish on site during construction of flats development and damaged main pond causing it to drain − applicant has dumped various materials from other sites over last 2 years, has wilfully neglected the site, objected to access for voluntary maintenance and not fulfilled previous promises of suitable boundary treatment to adjoining private gardens and making good where neighbouring gardens have ‘sunk’ – any promises in conjunction with new development are viewed sceptically and cynically − applicant could tidy site without need for planning proposals − restoration/reinstatement of large stones from pond edge is still awaited – originally removed to alleviate drainage problem associated with flats scheme − objects to reference in Tree Report which blames Sports Club and neighbours for tipping garden refuse − Ecology Report doesn’t take into account the considerable wildlife – bats, foxes, squirrels, owls, heron and other birds etc − contrary to UDP policies which seek to protect green environment and character of area − will result in considerable increase in vehicles to Abbeydale Hall site – parking spaces adjacent garden and bedroom of 33 Abbeydale Park Crescent will increase air/noise pollution − inadequate turning for bin lorries, large delivery lorries and construction traffic − increase in parking opposite site in Five Trees estate – already used as overspill from previous development − will result in more hard surfacing – area already suffers from bad drainage due to natural springs in grounds − gross overdevelopment of Grade II Listed site, proposed apartments look out of keeping with existing housing stock – existing flats bear no resemblance to initial description − have already lost community resource of Abbeydale Hall – objects to further loss − increase in rubbish – large bins at front of existing flats are already an eyesore

8 letters of objection from addresses outside the locality. The majority of these letters refer to the potential loss of the Victorian site as a Community Wildlife Area and Green Corridor and refer to the site as a former community resource which

10 has won conservation awards and been maintained with grant aid and funds raised by volunteers during the 1980s and 1990s.

Dore Village Society object. They state that access for maintenance to the site has been denied by the developer leading to neglect of the site.

Sheffield Wildlife Trust consider that the development would have too much of an impact upon the site and its wildlife. They would expect a much smaller and more sustainable development with far less impact and introducing significant biodiversity and community gains as suitable mitigation. SWT draw attention to several UDP policies relevant to the Green Environment.

Cllr Keith Hill cannot support the application and considers that this developer should not be given further opportunity to develop until previous undertakings have been fulfilled (as detailed earlier). He welcomes regeneration due to current sad condition of the site but considers firm parameters should be set, including attention to tree cover and screening, sustainable design features, ecological management, car parking and affordability.

Anne Smith and Mike Waters (in their previous capacities as Cllrs) object on the grounds of the adverse impact on the wildlife garden, UDP/LDF designations and need for full ecological assessment.

In response to re-notification about the reduced scheme one representation has been received confirming that the objections raised previously still apply.

Cllr Colin Ross has also objected to the revised proposals: − the development would completely destroy the wildlife garden and construction will cause more damage than indicated due to further loss of mature vegetation and the pond − the site provides an important diverse habitat and ecological site despite it being isolated with poor public access – should be preserved

The Conservation Advisory Group commented on the application as previously submitted. The relevant minute is as follows:

The Group felt that there was no justification for the loss of use of the wildlife area within the location and the proposed loss of trees. The Group considered that the proposed design of the accommodation would be out of character both with the listed Abbeydale Hall and the Conservation Area.

PLANNING ASSESSMENT

Policy

The site lies primarily in a Housing Area as defined in the adopted Unitary Development Plan (UDP). A small portion at the rear boundary is defined as Open Space as are the sports facilities surrounding the site. Despite the Housing Area designation, the site has the characteristics of a Local Open Space (LOS). LOS’s

11 are defined as small sites of 0.4 hectares or less. This site is approximately 0.5ha but, nevertheless, can reasonably be considered to be LOS due to its character.

Following a brief spell of separate ownership, the site lies within the curtilage of Abbeydale Hall which is a Grade II Listed Building.

The site is covered by a Tree Preservation Order (TPO) and is recognized as a Community Wildlife Area (CWA) in the Sheffield Nature Conservation Strategy. Whilst no weight can presently be attached to the forthcoming Sheffield Development Framework, the value of the site is recognized in its proposed designation as a Site of Interest for Nature Conservation (SINC).

The following UDP policies are most relevant to the consideration of the application proposals:

BE5 (Building Design and Siting) BE6 (Landscape Design) BE9 (Design for Vehicles) BE15 (Areas and Buildings of Special Architectural or Historic Interest) BE19 (Development affecting Listed Buildings) BE21 (Historic Parks and Gardens) GE10 (Green Network) GE11 (Nature Conservation and Development) GE13 (Areas of Natural History Interest and Local Nature Sites) GE15 (Trees and Woodland) GE16 (Lakes, Ponds and Dams) H5 (Flats, Bed-sitters and Shared Housing) H10 (Development in Housing Areas) H14 (Conditions on Development in Housing Areas) H15 (Design of New Housing Developments) H16 (Open Space in New Housing Developments) LR4 (Open Space) LR5 (Development in Open Space Areas) LR8 (Development in Local Open Spaces)

Supplementary Planning Guidance (SPG) in ‘Open Space in New Housing Development’ is also relevant.

The following national planning policy guidance is most relevant:

PPS3: Housing PPG17: Planning for Open Space, Sport and Recreation

Principle of Development

With the exception of a narrow strip of land to the north-west boundary, the site lies within a designated Housing Area where housing uses (Class C3) are the preferred land use in accordance with Policy H10. Policy LR5 relates specifically to designated Open Space Areas but, as the designated Open Space is restricted to a very small portion of the site, it is not considered necessary to strictly apply this

12 policy. As stated earlier, the site displays the characteristics of a Local Open Space (LOS) and it is therefore appropriate to consider the principle of development having regard to Policy LR8.

Policy LR8 does not permit development of LOS’s where it would involve the loss of recreation space which, amongst other things, ‘serves a Housing Area where provision is at or below the minimum guideline; or is in an area where residents do not have access to a Community Park’. An assessment of open space provision in the catchment of the site indicates that informal recreation space is below the minimum guideline and formal recreation space is above the minimum guideline. Overall provision is 6.12ha/1000 population which is just above the minimum guideline of 6.00ha/1000.

The SPG relevant to Open Space gives specific guidance on catchment areas and states that 400m is an acceptable distance for people to travel but indicates that barriers such as busy roads, railways or rivers will reduce this distance. In this instance, if the catchment is amended to take account of the railway, then informal provision falls to 0ha/1000 population and overall provision falls to 3.14ha/1000 which is significantly below the minimum guideline. In considering this interpretation of open space provision and the fact that there is no Community Park within 400m of the site, the proposals are contrary to Policy LR8.

The timescale on this application has been significantly extended to allow the developer to undertake an independent assessment with a view to demonstrating that the site is surplus to Open Space requirements. This approach is consistent with advice in PPG17 which also requires the developer to demonstrate wide support for their proposals within the community. Demonstrating ‘surplus to requirements’ is required to include consideration of all the functions that open space can perform.

The Assessment demonstrates that there is a good range of formal recreation facilities within the local area. This is not in dispute. However, the Assessment fails to demonstrate that the site is surplus to requirements in terms of its role as a natural/semi-natural informal green space. Nor does it provide any evidence of community support for the proposals. The proposals therefore remain contrary to Policy LR5.

Sustainability

Although originally, and latterly, within the curtilage of Abbeydale Hall, the site has not been previously developed and is physically separated from the formal grounds of the Hall. On balance, it is considered appropriate to define this site as ‘greenfield’ rather than ‘brownfield’. There is no strategic need for additional housing in this location. Therefore the proposals do not sit with the principles of sustainable development as outlined in national planning guidance in PPS1: Delivering Sustainable Development and PPS3: Housing which would favour the development of brownfield sites developing greenfield sites.

The site lies within the urban area and is reasonably well served by public transport but is not within the catchment of any District Shopping Centre and not within easy

13 walking distance of local shopping facilities. The density of development is approximately 16 units/ha. This is not sustainable in terms of guidance in PPS3 which requires efficient use of land (minimum 30 units/ha). However, if the principle of accepting residential development on this site is considered acceptable, then a lower density is justified due to the heavy constraints of the site.

Conservation

The site lies within the curtilage of Abbeydale Hall which is a Grade II Listed Building. However, the site is effectively separated from the historic building by the new blocks of flats. It represents an informal green space in its own right that not longer relates to the Hall and does not affect its setting although it does retain features from the historic garden layout. In these circumstances there is no clear conflict with Policies BE15 and BE19.

Policy BE21 seeks to protect the character, setting and appearance of Historic Parks and Gardens. Whilst the site is not defined as a Historic Park or Garden, it is recognized in the UDP Policy Background Paper as having some merit, particular reference being made to the linked ponds and cascade. These features are still present although overgrown and partly silted up. In view of reasoning given in the recent appeal decision in respect of Miller Homes’ proposals for the ‘secret garden’ at Crookes Road and Taptonville Road (refs 05/03130/FUL and 07/01379/CAC) and loss of features contained therein, it is considered that Policy BE21 (Historic Parks and Gardens) can reasonably be given considerable weight.

A landscape appraisal of the former garden has been carried out by an historic landscape consultant and submitted in support of the application. The submitted report notes the interest of the site, the ‘dilapidated and overgrown character of the vegetation’ and ‘a feeling of peace and seclusion within the space’. The report concludes that full restoration of the Victorian garden would be ideal and, if allowed to deteriorate further, there will be the eventual loss of the remnant features. It goes on to suggest that a new use for the site is considered and suggests such a scheme should include the repair and restoration of the ponds and cascades, repair of the low wall and steps to the main pond, woodland management including re-planting and reinstatement of a former footpath link between the site and adjacent rugby pitch.

Restoration of the water features would be a significant benefit to the site. Such works are indicated in the application proposals and the submitted Design & Access Statement refers to the ponds being restored to their original state. However, it is difficult to envisage retaining their integrity given the proximity of the proposed buildings and car parking to the ponds, together with proposals to project one of the buildings and walkway out over the main pond and to bridge the cascade.

Design Principles

Artistic impressions of the buildings have been provided and the Design & Access Statement makes reference to two storey buildings comprising two x one bed apartments in a ‘low and narrow’ form. Construction is envisaged by the developer

14 to be a frame system with a combination of timber and replica sandstone cladding, green roofs and expanses of glass. Part off-site fabrication is considered to be a possibility.

The principle of a low rise scheme of contemporary design and lightweight materials is welcomed in accordance with Policy BE5(a)/(b) and H14(a). However, these matters are reserved for subsequent approval and so are insufficiently detailed at this stage and subject to subsequent change.

Landscape and Ecology

The site is neglected. It has evolved into an oasis on informal green space with a dense mix of native species trees between two areas of formal sports pitches to the rear of residential development. The trees are considered in a Tree Survey submitted with the application. They are of mixed value as individual specimens but do provide significant amenity as a semi-wooded area. Of particular interest is a large Monkey Puzzle tree adjoining the proposed access road and a mature Oak tree close to the middle pond. The value of the trees is reflected by the Tree Preservation Order that covers the site.

Such sites are valuable in terms of amenity and biodiversity within the built up area. The value is recognized in the current Community Wildlife Area (CWA) designation of the site in the Sheffield Nature Conservation Strategy (1991) and it is significant that the site is proposed to be designated as a Site of Importance to Nature Conservation (SINC) and as Open Space in the forthcoming Sheffield Development Framework. No weight can be attached to the forthcoming designations at this stage. Whilst it is considered that the site is of interest to nature, the area is not specifically designated as an Area of Natural History Interest (ANHI) in the UDP although there is reference in the UDP definitions to the recognition of CWA’s as ANHI’s. Policy GE13 seeks to protect ANHI’s and, whilst not referred to in the recommended reasons for refusal, may be relevant in any potential appeal. The site can, however, be considered as a nature conservation site and is therefore protected by Policy LR5 which requires compliance under the terms of Policy LR8.

UDP Policies GE10, GE11, GE15, GE16 and BE6 seek to protect various features of the landscape and green environment, including mature trees, ponds and wildlife habitats. Policy LR4 protects open space (including woodland) where, amongst other things, it makes a valuable contribution to the natural environment.

An Ecological Assessment (EA) was submitted with the application and a Bat Survey has been carried out during the course of the application. The EA did not find any evidence of any protected species and the City Ecologist is satisfied with the findings of the Bat Survey which includes adequate mitigation measures. Notwithstanding this, it is considered that development of the site would be a biodiversity loss to the City. The wealth of other species lost and the loss of potential amenity of the site is not a desirable outcome and there is no evidence to suggest any real benefit to the natural environment.

15 Pressure on the natural environment is in the form of access for site preparation, the actual construction works, impact on water quality and habitats during such works and the provision of satisfactory residential amenity in the long term.

The indicative site layout plan indicates the buildings being located immediately to the north-west of the main pond (including one overhanging the pond) and almost surrounding the upper pond. The access drive is proposed to run alongside the southern edge of the main pond as far as the north-west boundary of the site. The plans portray an image of buildings dotted between existing trees with timber boardwalks overhanging the main pond and crossing the cascades to either end of the middle pond to give access to the buildings. The boardwalk path to Block 3 has been realigned to avoid the root protection area of the important Oak tree and to avoid directly crossing the central water cascade. This results in bridging the middle pond which may compromise that feature. (A detailed proposal for the bridge construction has not been provided).

In the absence of technical drawings and reports, there is no evidence that the buildings can be constructed as shown. Inspection of the site suggests that the site cannot be satisfactorily developed without significant loss of tree cover over and above the significant removals indicated on the plans. There is no indication of how the form and structure of the ponds will be protected and no comfort that the boardwalks provide suitable access to the units. The submitted Construction Method Statement originally submitted concentrated on preventing pollution of the ponds but did not address protecting their integrity. It did not include details of the type of vehicles/machinery and provision for working around the individual building plots.

A revised Construction Method Statement has been submitted. Whilst the principles of construction have been more fully considered by the applicant, the accompanying construction plan indicates that it would be extremely difficult to protect the 2 upper ponds and the main pond and/or the embankment. The extent of scaffolding is introduced on the latest plan and indicates that there will be even further pressure on the trees surrounding the blocks.

The applicant states that construction access has been agreed in principle through Abbeydale Sports Club. However, no evidence of any agreement with the Club has been provided and there are clear constraints to such access by virtue of the need to negotiate a low link bridge on that site. Access from the Club would also heavily impact on trees and shrubs to the boundary with the Club and, possibly, the banks of the main pond.

It is proposed to provide a ‘cellweb’ surface to the access road during construction and as a finished surface. This system is permeable, offers tree root protection and minimises compaction. The Construction Method Statement and construction layout plan indicates an extensive construction zone for the apartments but does not demonstrate that the surrounding trees/vegetation can be protected. The linked ponds are a particular barrier between the building zone and construction access and are proposed to be temporarily bridged for vehicular access.

16 The access road will cut into the heavily wooded embankment to the south-west of the site in close proximity to the Monkey Puzzle and, together with the boardwalk, will reduce the exposed pond area. The access road will also remove a further pond to the south-west corner of the site which is not acknowledged on the plans. The enlargement of the car park area in this south west corner of the site will result in further encroachment into root protection areas and into the bottom of the embankment. This will further compromise the natural environment. Further tree loss is anticipated although there is some discrepancy between the original and amended layout plans in terms of the location of trees in this area.

In practice, the constraints posed by the trees and water features are such that it can be reasonably assumed that there is likely to be significant damage arising from construction works. Furthermore, the proximity of the buildings to the water features will pose a considerable problem in any aspirations to restoring them to their original form. Timber is unlikely to be a suitable surface for pedestrians on this site as it is likely to become slippery in the wet/shade. This would be hazardous, particularly for people with disabilities and a stronger form of construction may consequently be required. Lighting will be required regardless of the surface treatment and this will reduce the value of the site to wildlife.

There are no plans indicating any restoration proposals or re-planting proposals and there is little scope within the layout for replacement tree planting. The tree cover is such that virtually the entire site is shaded at present. Any trees that are retained in close proximity to the buildings are therefore likely to be the subject of requests from future residents for removal or substantial pruning.

Detailed matters of construction and finishing treatments cannot be confidently dealt with by planning conditions. A full application based on working drawings is required to demonstrate that the site can be developed as shown and the impact of any form of development cannot be fully established in the absence of this level of detail. The applicant has been requested on several occasions to consider submitting a full application but has declined to do so.

Overall, the proposals do not provide sufficient information to be satisfied that the natural environment can be adequately preserved and enhanced and the proposals are considered contrary to Policies GE11, GE15, GE16, BE6, LR4 and LR5.

Highway Issues

Access is proposed to be taken through the grounds of Abbeydale Hall past the existing blocks of apartments. 12 car parking spaces are proposed, including 2 disabled spaces and 2 visitor spaces. Fire access provision is required. The proposals indicate a permeable turning space directly beneath the canopy of one of the best specimen trees on the site (Oak). This is proposed to be provided with lockable bollards to allow for emergency use only.

A revised car parking layout was submitted prior to the last Board meeting in response to concerns raised previously. Configuration of the boardwalk accesses to the units was also amended.

The car parking layout is an improvement in terms of manoeuvring to and from spaces. The number of spaces remains at 12. The impact of the revised layout is that 4 of the 10 units will be in excess of 50m walk from the nearest standard car parking space. The re-configured pedestrian walkways make the car parking spaces even more remote than previously. This is likely to result in the 2 designated disabled spaces being used and increases the likelihood of indiscriminate parking along the access road.

This situation is far from ideal and could compromise emergency and disabled access even further. However, given that sufficient parking is available, it would be difficult to justify refusal on the basis of potential mis-use.

Residential Amenity

Indicative floor plans have been provided and demonstrate a reasonable standard of internal accommodation. On the available evidence, it is likely that some habitable rooms (mainly bedrooms) will receive little daylight due to the proximity to trees and the rear bank. Adequate amenity could be provided but this would impact on the landscape.

There is little scope for laying out any communal garden area due to the relationship between buildings and the objective of maintaining as natural a landscape as possible. However, the site is not devoid of space and private balconies provide opportunities to enjoy the outdoors.

On balance, living conditions appear capable of complying with relevant criteria in Policies H5, H14 and H15.

Open Space

If planning permission is granted, a commuted sum of £2832.50 will be required for the provision/enhancement of recreation space in the locality in accordance with Policy H16 and the SPG Open Space in New Housing Development.

SUMMARY AND RECOMMENDATION

The outline application proposes residential development in a scheme of two storey flats. The number of flats has been reduced from 16 to 10 in five blocks, representing a density of approximately 16 units per hectare.

The site is a wooded former ornamental Victorian garden but is now neglected and overgrown. It has the qualities of a nature conservation site and historic garden and is covered by a Tree Preservation Order. The site lies within a designated Housing Area but is a Greenfield site that displays the characteristics of a Local Open Space. An Open Space Assessment has been carried out by the applicant in accordance with national planning guidance in PPG17 but fails to demonstrate that the site is surplus to requirements in terms of its role as a natural/semi-natural informal green space. Nor is there any evidence of community support for the proposals as required by PPG17.

The site contains a series of ponds and connecting cascades but these are in poor condition with the main pond being largely silted up. The proposals indicate that the ponds would be restored to their original state and that the woodland would be managed. The outline application does not provide sufficient technical detail to demonstrate that the site can be laid out in a manner that would preserve or enhance the natural environment. In practice, the constraints posed by the trees and water features are such that it can be reasonably assumed that there is likely to be significant damage to the landscape arising from construction works. Furthermore, the proximity of the buildings to the water features will pose a considerable problem in any aspirations to restoring them to their original form.

The indicative layout suggests that living conditions would be satisfactory for future occupiers but there would be pressure on the dense tree cover to improve light to individual units.

Car parking is adequate in terms of spaces. A revised indicative layout has been received in an attempt to address previous concerns that the original layout appeared unsatisfactory both in terms of working practically and its impact on the landscape. The situation remains far from ideal and could compromise emergency and disabled access even further. However, given that sufficient parking/turning is available, it would be difficult to justify refusal on the basis of potential mis-use.

Overall, the outline proposals are considered harmful to the informal wooded site of public amenity value and will detract from rather than enhance the natural environment. The proposals are considered contrary to UDP Policies LR4, LR5, LR8, BE6, BE9, BE21, GE11, GE15, GE16, H5(c), and H14(d) and it is recommended that planning permission is refused.

Case Number 08/00779/FUL

Application Type A Full Planning Application

Proposal Retention of UPVC windows to flats

Location 481 Glossop Road, 1A And 1B Ashgate Road Sheffield S10 2QE

Date Received 21/02/2008

Team SOUTH

Applicant/Agent G S Marsh

Recommendation Refuse with Enforcement Action

Subject to:

1 The Local Planning Authority consider that the retention of the UPVC windows in this development would by reason of it being an inappropriate material in a Conservation Area be detrimental and harmful to the character of the Broomhill Conservation Area and therefore, in this context the proposal would be contrary to Policies BE15, BE16 and BE17 of the Sheffield Unitary Development Plan.

Attention is drawn to the following directives:

1. The Assistant Chief Executive Legal and Governance has been authorised to take all necessary steps, including enforcement action and the institution of legal proceedings, if necessary, to secure the removal of the unauthorised UPVC windows and their replacement with timber framed windows. The Local Planning Authority will be writing separately on this matter.

20 Site Location

LOCATION & PROPOSAL

This is an application for the retention of UPVC windows installed to the first and second floor flats identified as being 1A and 1B Ashgate Road (above 1 Ashgate Road and 481 Glossop Road). A total of eight windows sections have been installed with UPVC windows.

The application site is a prominent three-storey building located at the junction of Ashgate Road and Glossop Road in the heart of the Broomhill District Shopping Area. As well as falling within the Broomhill District Shopping Area, the site is also within the Broomhill Conservation Area.

The locality has a varied character consisting of a mixture of A1, A2, A3, A4 and A5 uses along with a number of residential uses.

The application site consists of a commercial use at ground floor (this includes a hairdressing salon and a separate office use), the first floor accommodates a two- bedroom self-contained flat and the second floor also accommodates a two- bedroom self-contained flat. Access to the two flats is taken via a shared access entry door off Ashgate Road. Access to the two ground floor commercial businesses are also taken independently off Ashgate Road.

PLANNING HISTORY

Previous relevant planning applications for the site include:-

96/01973/FUL – This was an application for use of the ground floor of the building as a solicitor’s office. This application was conditionally approved on the 4th April 1996.

96/01536/FUL – This was an application for alterations to a retail shop and a solicitor’s office to form a Class A1 retail shop. This application was conditionally approved on 24th February 1997.

07/02764/FUL – This is a significant application. This application was for the use of the first and second floor to form two separate self-contained flats. This application was conditionally approved on the 8th January 2008. The submitted plans with this scheme indicated that the windows would be replaced like-for-like with UPVC windows. Condition 02 of the Planning Approval decision letter stipulated:-

“Notwithstanding the details shown on the submitted plans, the UPVC replacement windows are not approved. Before the flats are occupied, full details (material and design) of any replacement windows at first and second floor level shall have been submitted to and approved by the Local Planning Authority. Thereafter, the approved details shall be implemented and subsequently retained unless otherwise agreed in writing by the Local Planning Authority.”

The reason stipulated for the above condition was:- “In order to preserve and enhance the character of the Conservation Area”.

Whilst the proposal to use the first and second floors as two self-contained flats was acceptable, the use of UPVC replacement windows was not acceptable and for this reason, it was made clear to the applicant that the UPVC windows were not acceptable in this proposal.

ENFORCEMENT HISTORY

Members may recall that this matter was reported to the City Centre, South and East Planning & Highways Area Board on the 18th February 2008 to seek authority to secure the removal of the unauthorised UPVC windows and have them replaced with timber framed windows.

22 NEIGHBOUR REPRESENTATIONS

One letter of representation has been received. The representation raises an objection to the proposal. The reasons for objection have been summarised and are:-

That this application (ref: 08/00779/FUL) is merely an attempt to overturn the planning condition imposed to planning application 07/02764/FUL. The objector has requested that the same reasons for objection sent into the Planning Department for application 07/02764/FUL be used for this current application, a summary of those reasons for objection are:-

That the work has already been completed and that some of the windows on the first and second floors have been changed to UPVC windows.

PLANNING ASSESSMENT

The site is located within a designated District Shopping Centre as identified within the Sheffield Unitary Development Plan (UDP), however, as there are no issues relating to the use of the premises, it is felt that Policy S7 (Development in District and Local Shopping Centres) is not applicable in this instance.

However notwithstanding this the provisions of Policy S10 (Conditions on Development in Shopping Areas) of the UDP must be met. Criteria (c) of this policy (S10) stipulates that proposed developments should “be well designed and of a scale and nature appropriate to the site”.

Policy BE15 (Areas and Buildings of Special Architectural or Historic Interest) states that development which would harm the character or appearance of Conservation Areas will not be permitted.

Policy BE16 (Development in Conservation Areas) stipulates that only those proposals which would preserve or enhance the character or appearance of the Conservation Area will be acceptable.

Policy BE17 (Design and Materials in Areas of Special Architectural or Historic Interest) stipulates that “In Conservation Areas and Areas of Special Character a high standard of design using traditional materials and a sensitive and flexible approach to layouts of buildings and roads will be expected for: new buildings, walls, roads and footpaths; alterations and extensions to existing buildings; and encouraged for: repairs to buildings, walls, roads and footpaths.

The reasoning behind this Policy (BE17) is that any development within a Conservation Area should preserve or enhance its character. The selection of appropriate materials is an important part of design.

The installation of the UPVC windows in this instance was unauthorised and, officers feel that the use of UPVC is contrary to the provisions of UDP Policy BE17 (Design & Materials in Conservation Areas) which advocates the use of traditional

23 materials which were available at the time that the original building was constructed (in this case, timber).

As part of the previous planning application to form the two self-contained flats (reference 07/02764/FUL), the applicant as part of the submission indicated that it would be necessary for some of the windows to be replaced, the application also showed that the replacement windows were going to be of UPVC material. The applicant was informed that UPVC windows in a Conservation Area would not be acceptable. The applicant had verbally agreed for the first and second floor windows to be replaced in timber frames. It was felt appropriate to impose a suitable planning condition requiring the replacement window details to be submitted and approved and that notwithstanding the details submitted as part of the application, the UPVC windows were not approved under that application.

It is considered that the UPVC windows are not an appropriate material for this development in this Conservation Area, the UPVC windows are unauthorised and therefore for the reasons outlined above it is recommended that this application be refused and that authority be given to take all appropriate steps including Enforcement proceedings if necessary to secure the removal of the unauthorised UPVC windows in this development.

The Council approved document “Broomhill Conservation Area Appraisal” dated December 2007, highlights as a weakness of the Conservation Area the loss of original architectural details such as doors, windows and roof material. The document specifically highlights as a weakness that many of the unlisted and some listed buildings in the Conservation Area have been adversely affected by the use of inappropriate modern materials or details such as the replacement of original timber sash windows with UPVC or aluminium. This case is a clear demonstration of this problem.

This proposal does not raise any highway safety issues.

RECOMMENDATION

Not only does this report recommend that this application be refused planning permission, but it also seeks the authority to be given for the Assistant Chief Executive of Legal and Governance to take all necessary steps, including the service of an Enforcement notice and if necessary the institution of legal proceedings, to secure the removal of the unauthorised UPVC windows inserted and their replacement by timber framed windows.

Case Number 08/02596/ADV

Application Type Advertisement Consent Application

Proposal Two non-illuminated free standing name signs

Location Kersal Mount Nursing Home 115 Manchester Road Sheffield S10 5DN

Date Received 16/05/2008

Team SOUTH

Applicant/Agent Mr J Hill

Recommendation Refuse with Enforcement Action

Subject to:

1 The Local Planning Authority consider that the display of the said freestanding signs is detrimental to the visual amenities of the Broomhill Conservation Area. This is due to the siting and excessive size of Sign 1 in front of the feature curved wall at the entrance to the site and the excessive size and prominent siting of Sign 2 above the front boundary wall. As such the display of the signs is contrary to guidance in PPG19 and Policy BE16 of the Unitary Development Plan.

Attention is drawn to the following directives:

1. The Assistant Chief Executive Legal and Governance has been authorised to take all necessary steps, including enforcement action and the institution of legal proceedings, if necessary, to secure the removal of the signs. The Local Planning Authority will be writing separately on this matter.

25 Site Location

INTRODUCTION

This application is retrospective. The application was submitted following a request from the Enforcement Officer to remove the signs.

LOCATION AND PROPOSAL

Kersal Mount is a Grade II Listed nursing home in large grounds within the Broomhill Conservation Area. The site includes independent living units within the grounds (Kersal Lawns). The site has a road frontage of approximately 165 metres which is bounded by an approximately 2m high natural stone wall. The wall curves into the site to accommodate the single vehicular/pedestrian access close to the north-east boundary of the site. Within the curved wall to one side of the entrance is a stone name plaque.

The high stone walls are a strong feature of a relatively uninterrupted street scene which is leafy in character with large buildings set back from the street in large generally well screened grounds. Kersal Mount itself is set below the highway whilst buildings on the opposite side of Manchester Road are elevated.

The application is for 2 freestanding signs. The signs are of simple rectangular design with translucent plastic fronts, erected on painted poles. One sign is located directly in front of the curved boundary wall at the site entrance. The sign is 1830mm x 1220mm and is approximately 1.8m high. The second sign is 1525mm x 915mm and is located above the boundary wall approximately 40m from the north-east boundary which adjoins the access to the NHS property at Victoria House (117 Manchester Road).

Other significant signage in close proximity to the site includes a double-sided hanging box sign directly opposite the site at the Pellegrino Hotel and 2 aluminium freestanding name signs above the walls to either side of the entrance to Victoria House.

RELEVANT PLANNING HISTORY

There is no record of any previous applications relating to advertisements on this site.

There is no record of any applications relating to the advertisements described above at the Pellegrino Hotel and Victoria House.

SUMMARY OF REPRESENTATIONS

Near neighbours and the Broomhill Action & Neighbourhood Group have been informed of the application proposals.

3 letters of representation have been received from residents at Kersal Lawns. All the representations acknowledge the need for signage but concerns are raised about the appearance of the signs:

− materials are not in keeping with the Conservation Area – plastic looks cheap – previous wooden sign fitted much better − too large and ugly against elegant backdrop of stone pillars/wall which one of the signs obscures

PLANNING ASSESSMENT

Policy

Consideration of the application is restricted to the assessment of the signage in relation to amenity and public safety. National planning guidance in PPG19: Outdoor Advertisement Control is most relevant. The relevant UDP policies are BE13 (Advertisements) and BE16 (Development in Conservation Areas) although

27 previous appeal decisions have deemed that the UDP policies alone cannot be decisive in considering advertisement applications.

The need for the signs is not a material consideration in its own right although it can be material in assessing the impact on visual amenity. PPG19 makes it clear that amenity considerations should not be used to deny businesses the basic right to identify themselves and their location and make known the services they provide. Neither may objection be made to the content of an advertisement, its actual wording/message or graphic design.

Visual Amenity

Notwithstanding the above comments, there is a clear need for signage at Kersal Mount to both identify the location and the access.

The signs are well co-ordinated in appearance. Whilst light coloured lettering on a dark background would be preferred to the dark lettering on a white background, it would be unreasonable to be too prescriptive. Objections to the colour of signs have been dismissed in previous appeals. Of particular relevance is an appeal decision in 2002 relating to the Aunt Sally public house. Whilst somewhat dated, national planning guidance and UDP policies and designations have not changed since the appeal decision.

The Aunt Sally is not a listed building but has townscape merit in the Broomhall Conservation Area and lies opposite a terrace of listed buildings. In that appeal, the Inspector noted that the blue lettering on a dark yellow background was ‘undoubtedly conspicuous’ but were not ‘garish or obtrusive’. It was also noted that most of the signs had a traditional appearance and the ‘modern materials’ were not readily noticeable except on close inspection.

The signs at Kersal Mount can be described as traditional in character and the colour scheme (green and white) is not garish or obtrusive. The plastic fronts to the signs are not readily noticeable except on close inspection. Having regard to the appeal decision referred to, the Kersal Mount signs are considered acceptable if not ideal, in terms of design and appearance.

The size and siting of the signs are the key issues.

Sign 1 (at the entrance) – this sign is off-centred and obscures the majority of the curved wall to one side of the entrance. Albeit a relatively short section of the overall frontage, the curved wall is a significant feature within the context of the site and the high stone boundary walls are a significant feature of the Broomhill Conservation Area. The walls are particularly strong due to their height and continuity along this long straight section of Manchester Road. Whilst the need for signage at the entrance is not in question, a smaller sign, either freestanding or attached to the wall, would adequately identify the site without detracting from the entrance to the listed building and the appearance of the Broomhill Conservation Area.

28 Sign 2 (above wall) – this sign projects approximately 1.8m above the wall at a distance some 100m from the entrance to the site. It’s size is emphasised in views of the back of the sign when travelling uphill towards Crosspool. This is due to the height of the sign, the absence of vegetation preceding the sign and the colour treatment. When viewed from the opposite direction, the sign appears less obtrusive due to the backdrop of the roofs of the listed building at Kersal Mount and its position beneath branches of a mature tree. The sign will be more prominent after leaf fall.

Whilst a prominent siting is necessary to draw attention to the recessed entrance to the site which is approximately 100m further down the hill, the scale of the sign is considered excessive in this elevated location and, on balance, detracts from the appearance of the Conservation Area. A smaller sign in the same position would acceptably reduce the impact on the Conservation Area.

In view of the impact on the appearance of the boundary wall in the Conservation Area, the signs are considered contrary to visual amenity. The display is thereby contrary to guidance in PPG19, which draws attention to the provisions of legislation governing Conservation Areas and Listed Buildings in respect of character and appearance. The signs are also contrary to UDP Policy BE16 which requires advertising to preserve or enhance the character or appearance of Conservation Areas.

Policy BE13 (Advertisements) only relates to ‘large poster advertisements’ and illuminated advertisements. The application signs do not meet these criteria. Therefore, Policy BE13 can only be applied in terms of its requirement for the design of signs to be co-ordinated where the scale of development requires it. As stated previously, the signs are well co-ordinated.

Public Safety

The signs in no way compromise public safety.

ENFORCEMENT

Members are requested that the Assistant Chief Executive of Legal and Governance be authorised to take all necessary steps including enforcement action including the institution of legal proceedings, if necessary, to secure the removal of the signs.

SUMMARY AND RECOMMENDATION

The application for the display of 2 freestanding signs is retrospective. Whilst their overall appearance is satisfactory despite the plastic facings, the scale and siting of one of the signs detracts from the stone boundary wall which contributes significantly to the character of the Broomhill Conservation Area. The other sign is obtrusive in views along Manchester Road due to its size and prominent siting above the boundary wall.

29 In view of the above, it is recommended that advertisement consent is refused and enforcement action including the institution of legal proceedings, if necessary, is authorised to secure the removal of the signs.

Case Number 08/02700/FUL

Application Type A Full Planning Application

Proposal Alterations, demolition and first floor extension to industrial unit to form offices (Use Class B1) with associated car parking accommodation (As per amended plans)

Location North Yard Well Meadow Street Sheffield

Date Received 06/06/2008

Team CITY CENTRE AND EAST

Applicant/Agent Birkett Cole Lowe

Recommendation GRA GC subject to Legal Agreement

Subject to:

1 The development shall be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 The use of the offices shall be in accordance with Use Class B1 Class II (a) of the Town and Country Planning (Use Classes) Order 1987.

In the interests of the amenities of the locality and in order to define the permission.

3 Notwithstanding the provisions of the Town and Country Planning (Uses classes) Order 1987 and subsequent amendments or any Order revoking or re-enacting that Order, the use of the offices shall not be changed without prior planning permission being obtained from the Local Planning Authority.

In order to comply with Policies BE16 and BE19 of the Sheffield Unitary Development Plan.

4 Prior to the commencement of the development full details of the bin storage and cycle parking, including associated structures, shall have been submitted to and approved in writing by the Local Planning Authority. The agreed details shall be in place before any part of the buildings are brought into use and thereafter retained.

In the interests of the amenities of the locality and in order to ensure an appropriate quality of development.

5 The development shall not be begun until the reconstruction of the full width of the street and pavement fronting the site, including all necessary lighting and drainage works, with carriageway surface provided in natural stone cobbles to Well Meadow Street have either;

a) been carried out; or b) details have been submitted to and approved by the Local Planning Authority of arrangements which have been entered into which will secure that such improvement works will be carried out before the development is brought into use. The works shall be completed in accordance with the approved details before the development is brought into use.

To enable the above-mentioned highways to accommodate the increase in traffic, which, in the opinion of the Local Planning Authority, will be generated by the development. In the interest of the visual amenity of the area and to protect the character of the Listed Building

6 The natural stone cobbles along Well Meadow Street shall be reused in the reconstruction of the highway and pavement as detailed in Condition 3 of this planning permission. Should additional cobbles be required samples of these shall be submitted to and approved in writing by the Local Planning Authority prior to being laid. Thereafter, the development shall be carried out in accordance with the approved details.

In the interest of the visual amenity of the area and to protect the character of the Listed Building an in order to ensure an appropriate quality of development.

7 Before any part of the development is brought into use the car parking as shown on the approved plans shall have been provided in accordance with those plans unless otherwise agreed in writing by the Local Planning Authority. Thereafter such car parking accommodation shall be retained for the sole purpose intended.

In the interests of traffic safety and the amenities of the locality.

8 No development, including ground clearance and demolition, shall take place until the applicant, their agent, or their successor in title has secured the implementation of a programme of archaeological work, including building recording, in accordance with a written scheme of investigation that has been submitted to, and approved in writing by, the Local Planning Authority.

32 To ensure that any archaeological remains present, whether standing or buried, are preserved - either by being left in situ or recorded and removed in accordance with an agreed method, before they are damaged or destroyed.

9 Prior to the commencement of the development detailed proposals for the retention and restoration of the crucible furnace, forge, their associated elements including the stiddy and all fire places, hearths and surrounds shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

To ensure that any archaeological remains present, whether standing or buried, are preserved - either by being left in situ or recorded and removed in accordance with an agreed method, before they are damaged or destroyed.

10 Within 6 months from the commencement of development full details of an interpretation plaque, which shall include location, design and contents, shall have been submitted to and approved in writing by the Local Planning Authority. This plaque shall have been provided in accordance with these agreed details before any part of the development is brought into use or within an alternative timeframe to be agreed in writing by the Local Planning Authority. It shall thereafter be retained.

To allow an understanding of the historical significance of the site and in the interests of users of the development.

11 Before the development is commenced samples of all proposed external materials and finishes, including windows, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

12 A sample panel of the proposed masonry shall be erected on the site and shall illustrate the colour, texture, bedding and bonding of masonry and mortar finish to be used. The sample panel shall be approved in writing by the Local Planning Authority prior to the commencement of the building works and shall be retained for verification purposes until the completion of such works.

In order to ensure an appropriate quality of development.

13 Masonry shall be pointed or bedded using a lime mortar mix that is weaker than the surrounding masonry. The colour of the new mortar, which should match the original mortar before weathering, should be achieved by the use of appropriate sand. No propriety coloured mixes of pigments shall be used. The joints should be finished flush then brushed back to expose the

33 aggregate and the edges of the adjacent stone. On no account should the joints be struck or finished proud of the masonry face to form strap or ribbon pointing or feathered over the edge of eroded blocks. A sample panel of proposed pointing shall be approved by the Local Planning Authority before the development commences.

In order to ensure an appropriate quality of development.

14 Heads and cills shall match in size, style, construction and materials those of the existing building.

In order to ensure an appropriate quality of development.

15 The abutment of new walls to the Listed Building shall not be bonded into existing walls by removing existing masonry unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure the protection of the original fabric of the Listed Building

16 Prior to commencement of works, details of the extent and specification of brick/stone repair and cleaning shall have been submitted to and approved in writing by the Local Planning Authority and shall thereafter be carried out in accordance with the approved details.

In order to ensure that the fabric of the building is not damaged

17 Where possible the brick from the demolished structures shall be reused in the new extension and in repairs and areas of infill masonry. Any new material to be used in repairs and new areas of infill masonry shall match the existing surrounding masonry in bonding, colour, size, shape and texture and in the colour and finished treatment of mortar joints.

In order to ensure an appropriate quality of development.

18 There shall be no replacement, alteration or repair of any part of the original roof structure without the prior approval, in writing, of the Local Planning Authority of details of timbers to be removed, altered and repaired and details and specifications of all new replacement timber members.

In order to ensure an appropriate quality of development.

34 19 Before the commencement of development, details and specifications of the following items shall have been submitted to and approved in writing by the Local Planning Authority:

Roof materials Ridge Valleys Eaves Verges Rainwater goods

Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

20 All the rainwater gutters, downpipes and external plumbing shall be of cast iron or cast aluminium construction and painted black unless otherwise agreed in writing by the Local Planning Authority. Gutters shall be fixed by means of hangers and brackets and no fascia boards shall be used.

In order to ensure an appropriate quality of development.

21 Chimney stacks and pots shall be retained and, where repaired, should be reinstated to their original appearance using materials to match existing unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

22 Existing windows shall be retained and repaired unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

23 The windows shall consist of timber frames with timber opening casements. The glazing pattern, the thickness and profile of the frame and glazing bars and the reveal depth shall match those of the existing windows in the property and the windows shall be finished in gloss paint

In order to ensure an appropriate quality of development.

24 All internal and external doors shall be retained unless otherwise agreed in writing by the Local Planning Authority.

In order to protect the character of the original building.

35 25 Details, specifications and finishes of all new external doors and gates, including frame section sizes, reveal depths and any mouldings and architraves at a minimum of 1:20 shall be approved in writing by the Local Planning Authority before the development commences. Thereafter, the new doors and gates shall be installed in accordance with the approved details.

In order to ensure an appropriate quality of development.

26 Before the development commences, details of all new joinery and timber structural elements and/or the repair, alteration or replacement of existing timber elements (including roof and floor timbers, partitions, stairs, balustrades, screens, wainscoting) shall have been approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved plans.

In order to protect the character of the original building.

27 Before the development commences, details of all new metal elements and/or the repair, alteration or replacement of existing metal elements shall have been approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details

In order to ensure an appropriate quality of development.

28 Before the development commences, a schedule of all fixtures and fittings, with a photographic record, and details of their retention, repair, removal or relocation shall have been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved schedule.

In order to protect the character of the original building.

29 Before the development commences, details and locations of all new fixtures and fittings shall have been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details

In order to ensure an appropriate quality of development.

30 Before the development commences, details of the location, specification and appearance of all new services to the building (including meter boxes, outlets and inlets for gas, electricity, telephones, security systems, cabling, trunking, soil and vent stacks, fresh and foul water supply and runs, heating, air conditioning, ventilation, extract and odour control equipment, pipe runs and internal and external ducting) shall have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

31 Before the development commences, details of installations and alterations arising from the requirements of fire protection, means of escape, acoustic attenuation and insulation, natural and mechanical ventilation, disabled access and the provision of natural and artificial lighting shall have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

32 Before the development commences, details of the design and appearance of boundary walls, gateways, steps and paths, hardstandings and other elements of the hard landscaping design shall have been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

33 Prior to the offices being occupied the applicant shall submit for written approval details showing that the offices achieve internal noise levels of Noise Rating Curve NR45 (15 minutes Noise Rating Curves should be measured as a 15 minute linear Leq at the octave band centre frequencies 31.5 kHz to 8kHz). This must include the office space closest to the adjoining industrial use in the eastern section of the site and adjacent to Netherthorpe Road in the northern range.

In the interests of the amenities of the future occupiers of the building.

Attention is drawn to the following justifications:

1. The decision to grant planning permission and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance.

IB5 - Development in General Industry Areas IB9 - Conditions on Development in Industry and Business Areas BE15 - Areas and Buildings of Special Architectural and Historic Interest BE16 - Development in Conservation Areas BE17 - Design & Materials in Areas of Special Character or Historic Interest BE19 - Development affecting Listed Buildings St. Vincent's Action Plan PPG15

This informative is intended as a summary of the reasons for grant of planning permission.

37 Attention is drawn to the following directives:

1. The applicant is advised that given the dilapidated state of the listed structures, should development not commence in the immediate future the Council will undertake the enforcement actions available to ensure the long- term viability of these listed structures.

2. The applicant is advised that additional listed building consent may be required to achieve the internal noise levels as specified above.

3. You are required, as part of this development, to carry out works within the public highway. You must not start any of this work until you have received a signed consent under the Highways Act 1980. An administration/inspection fee will be payable and a Bond required as part of the consent.

You should apply for a consent to: -

Highways Adoption Group Development Services Sheffield City Council Howden House, 1 Union Street Sheffield S1 2SH

For the attention of Mr S Turner Tel: (0114) 27 34383

4. The Council is responsible for allocating house numbers and road names to both new developments and conversions of existing buildings. Developers must therefore contact the Council’s Street Naming and Numbering Officer on (0114) 2736127 to obtain official addresses for their properties as soon as construction works commence.

5. From the 6th April 2008, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 2008 require that all requests for confirmation of compliance with planning conditions require a fee payable to the Local Planning Authority. An application to the Local Planning Authority will be required using the new national standard application forms. Printable forms can be found at www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

38 Site Location

LOCATION & CONTEXT

The application site is located in the Well Meadow Conservation Area, within the St Vincent’s Quarter of the city. The site is designated as a General Industry Area within the Sheffield Unitary Development Plan.

54 Well Meadow Street, also known as North Yard or Well Meadow Steel Works is a Grade II listed small scale integrated steel and cutlery works, parts of which are thought to date from as early as 1830 – 1850. The complex of buildings is arranged around an internal courtyard with ranges of buildings along each side and a centrally projecting single-storey workshop.

North Yard received some late 19th and early 20th Century additions located predominantly along the eastern range and also including various internal

39 alterations and the rebuilding of the wall along the west section of the north boundary when Netherthorpe Road was constructed in the 1960s. The buildings within the site vary from one to two storeys and are predominantly of a traditional red brick, slate roof construction with simple details such as stone cills. In a 2004 ARCUS report North Yard was described as ‘derelict and in a poor state of repair’ (p.13). No work has been carried out on site during the period following the publication of the ARCUS report and the condition of the site has further deteriorated.

With the metal trade complex opposite at 35 Well Meadow Street, which also includes various crucible workshops it is considered the best and only surviving collection of crucible works within Sheffield City Centre. Crucible steel making was developed in Sheffield by Benjamin Huntsman in the 1840's, and the crucible workshop building type now appears only to survive in Sheffield; there are no known examples left anywhere else in the world. The crucible furnace at North Yard is thought to be one of the earliest surviving examples of this type of structure within Sheffield and is therefore deemed to be of national importance.

The two crucible works give the Well Meadow Conservation Area its name, and the survival of the crucible buildings and the original stone cobbles and kerbs are considered fundamental to the character of this conservation area.

The wider St Vincent’s Area has seen a raft of planning applications, introducing a significant amount of residential accommodation into the locality. This includes the Ashton’s development to the south of the application site. It is also anticipated that an application for an apart-hotel will be submitted in the near future on Well Meadow Drive immediately to the west.

PROPOSAL

Planning permission and listed building consent is sought for the conversion of North Yard into offices. North Yard is in an extremely poor state of repair and as such this scheme involves extensive renovation works, including the reinstatement of various blocked doors and the replacement of windows. The more recent lean- to structures on the eastern edge of the complex are to be demolished to allow vehicle access to the site. Part of the eastern wall is also proposed for demolition to provide a disabled parking bay, an additional standard parking space, cycle parking and bin storage.

So that the upper floor of the complex can be accessed by disabled persons a lift is to be installed in the existing two-storey structure in the northeast corner of the site and a first-floor extension is proposed to link this to the building range fronting onto Well Meadow Street.

The original stone cobbles along Well Meadow Street between the proposal site on the north side of the street and Joel’s Yard on the south, which are considered fundamental to the character of the Conservation Area, are to be re-laid. Two parking bays are proposed on this section of Well Meadow Street in front of North Yard which will also serve the proposed offices.

40 RELEVANT PLANNING HISTORY

There is no recent planning history for this site.

An application for the partial demolition, refurbishment, alterations and extensions to 35 Well Meadow Street (Grade II* Listed Building also known as Joel’s Yard) to form office space (B1) including a new two-storey building to the southern range was granted conditionally by Members of the City Centre, South and East Board at the meeting on the 17th December 2007. This site is on the opposite side of Well Meadow Street from North Yard and forms the other half of this important historic industrial complex.

SUMMARY OF REPRESENTATIONS

English Heritage: ‘The application should be determined in accordance with national and local policy guidance, and on the basis of your specialist conservation advice’

Conservation Advisory Group: ‘The Group had no objection, in principle, to the development and sensitive conversion of very dilapidated buildings. The Group welcomed the scale of the development and noted that a photographic record of the buildings would be made’

PLANNING ASSESSMENT

Policy

As this site is considered of national historic importance it is first necessary to consider Planning Policy Guidance Note 15: Planning and the Historic Environment (PPG15). This PPG provides comprehensive advice on controls for the protection of historic buildings and conservation areas. It states that when considering applications for listed building consent that the following points are applicable:

− The importance of the building, its intrinsic architectural and historic interest and rarity, in both national and local terms − The particular physical features of the building, which justifies its inclusion in the statutory lists − The extent to which the proposed works would bring substantial benefits to the community, in particular by contributing to the economic regeneration of the area or the enhancement of its environment

Policy BE19 ‘Development Affecting Listed Buildings’ relates to this proposal and states the following: ‘The demolition of Listed Buildings will not be permitted. Proposals for internal or external alterations which would affect the special interest of a Listed Building will be expected to preserve the character and appearance of the building and, where appropriate, to preserve or repair original details and features of interest. Proposals for change of use will be expected to preserve the character of the building.

41 Proposals for development within the curtilage of a building or affecting its setting, will be expected to preserve the character and appearance of the building and its setting.

The original use of a Listed Building will be preferred but other uses will be considered where they would enable the future of the building to be secured’ The site is designated as a General Industry Area in the Sheffield Unitary Development Plan. Therefore, UDP Policies IB5 ‘Development in General Industry Areas’ and IB9 ‘Conditions on Development in Industry and Business Areas’ are relevant to this proposal. Policy IB5 states that Business (B1) uses are acceptable in General Industry Areas.

IB9 ‘In Industry and Business Areas, new development or change of use will be permitted provided that it would: a) not lead to a concentration of uses which would prejudice the dominance of industry and business in the area or cause the loss of important industrial sites; and b) not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions; and c) be well designed with buildings and storage of a scale and nature appropriate to the site; and d) comply with policies for the Built and Green Environment, as appropriate; and e) except in General Industry Areas shown 'A' on the Proposals Map, not harm the quality of the environment to such an extent that other new industry and business development would be discouraged; and f) be adequately served by transport facilities and provide safe access to the highway network and appropriate off-street parking; and g) comply with Policies IB5 to IB8, IB10 to IB14 and T28 as appropriate’

The proposal site is located in the Well Meadow Conservation Area within the St. Vincent’s Quarter of the city. As such the proposal is subject to UDP Policies BE15 ‘Areas and Buildings of Special Architectural or Historic Interest’, BE16 ‘Development in Conservation Areas’ and BE17 ‘Design and Materials in Areas of Special Architectural or Historic Interest’. The Well Meadow Conservation Area Appraisal and St. Vincent’s Action Plan (SVAP) should also be taken into consideration. These state the following:

BE15 ‘Buildings and areas of special architectural or historic interest which are an important part of Sheffield's heritage will be preserved or enhanced. Development which would harm the character or appearance of Listed Buildings, Conservation Areas or Areas of Special Character will not be permitted.’

BE16 ‘In Conservation Areas permission will only be given for proposals which contain sufficient information to enable their impact on the Area to be judged acceptable and which comprise:

42 a) development, including erection of buildings and changes of use from originally intended uses of buildings, and built development in open spaces; or b) demolition of buildings, walls and other features; or c) proposals involving the felling or lopping of trees; or d) advertising; which would preserve or enhance the character or appearance of the Conservation Area.

Buildings which make a positive contribution to the character or appearance of a Conservation Area will be retained’

BE17 ‘In Conservation Areas and Areas of Special Character a high standard of design using traditional materials and a sensitive and flexible approach to layouts of buildings and roads will be expected for: a) new buildings, walls, roads and footpaths; b) alterations and extensions to existing buildings; and encouraged for: c) repairs to buildings, walls, roads and footpaths’

St. Vincent’s Action Plan

The City Council produced the Action Plan for St Vincent’s, with the purpose of identifying a concise route for regeneration of the area. The Action Plan, which was approved by Cabinet in December 2004, is now a material consideration when determining planning applications in the period prior to the adoption of the Sheffield Development Framework (SDF).

The Action Plan, which is based on a year of consultation and research by a team of consultants retained by the Council, sets out proposals which will balance the demand for new housing with the need to maintain and create employment, and provide for both in an attractive mixed-use environment.

Two new Housing Opportunity Areas are proposed within the St. Vincent’s Quarter, the application site is included within one of these areas. These areas would allow a range of uses of any proportionate mix including housing and business (B1).

Land Use

In relation to land use the SVAP is of most relevance, as this is the preferred document should a conflict occur with the UDP. However, in this instance both Policy IB5 and the SVAP identify Business (B1) as an acceptable use within this area.

Demolition & New Build

It is proposed to demolish the single-storey lean-to structures along the eastern section of North Yard and the east wall of Building E also within the eastern range. This is to provide vehicle access to the site and four parking bays, including a

43 disabled parking space, without which the viability of the scheme would be called into question. There appears to have been a building on this section of the site since the end of the 19th Century. However, this building was entirely rebuilt during the 20th Century. The other buildings proposed for demolition contain the toilets and appear to be much more recent additions to the complex. The corrugated asbestos sheet roofs of the buildings proposed for demolition are not considered to have a positive impact on the character and appearance of the site and these buildings have few original architectural features.

The lean-to structures are located on the eastern edge of the site and do not form part of the ranges that enclose the central courtyard. The courtyard layout is traditional of industrial complexes of this type and is also demonstrated across Well Meadow Street at Joel’s Yard. The demolition of the lean-to structures will not impact on the traditional courtyard layout of North Yard.

A wall is proposed to be constructed adjacent to the highway to a similar height as the lean-to building it replaces. A condition will be attached so that the brick from the demolished buildings will be reused in any infill, repair or new building. Due to this and the similar height of the proposed wall and the existing structure the impact on the character and appearance of the site frontage will be minimal.

The east wall of Building E is also proposed for demolition to provide one disabled parking bay and one standard parking bay in addition to bin storage and cycle parking. The key objective of this element of the scheme is to provide a disabled parking bay and level access from this bay to the central courtyard and lift, from which access to the first-floor can be gained. The proposed configuration of the disabled parking bay and level access points has the least impact on the listed building whilst still complying with disabled access standards and contributing to the viability of the scheme as a whole.

For the first-floor of the southern range along Well Meadow Street to be accessed by disabled persons it is necessary for a lift to be provided within the site. The most appropriate location for this, which entails the least disturbance to the listed building, is in an existing building in the northeast corner of the site. This is an isolated two-storey structure and to link this to the southern range a first-floor extension is proposed above Building E. The proposed extension reflects the form, scale and architectural detailing of the existing buildings and Conservation Area as a whole, and also supports the courtyard layout of the site and contributes to the sense of enclosure that is traditional of industrial complexes such as this. It is considered that this extension will complement the listed buildings within the site, subject to the quality of materials and finishes which will be secured by condition.

A further extension is proposed in the northwest corner of the site. This is a modest extension that will have a minimal impact on the site as a whole. The purpose of this single-storey extension is to provide a useable space by linking two small structures along the west boundary to the buildings in the northwest corner and the centrally projecting former workshop. The existing glazing in this corner will be moved forward by 2 metres and the roof plane extended to create this modest extension.

44 Renovation & Reuse

The refurbishment and restoration of the more important structures on the site is extremely welcome. These buildings have fallen into a serious state of disrepair and have been a subject of concern for the Council, to the extent were enforcement action has been considered.

A Business (B1) use is proposed for the site and this is considered acceptable in principle. However, Use Class B1 covers a wide range of uses including offices, laboratories, research facilities and light industry. There is also a permitted change to B8 wholesale warehouses and distribution centres. It is considered that an office use would be most appropriate given the list status of the site and the minimal impact that this use would have on the internal configuration of the buildings. There is a concern that a light industry, warehouse or distribution use would be less viable in this location and may have an adverse impact on the character of the listed buildings. As a result the use of the site will be restricted solely to Use Class B1 Class II (a): offices.

The use of the buildings for offices allows much of the open character of the original workshops to be retained and this is a positive facet of the scheme. It should be noted, however that not all the open aspects within the buildings could be retained, as refurbishment must meet modern construction and access requirements. Four sets of toilets are proposed (comprising four standard and three disabled facilities) that are not original to the internal layout of the buildings. These will be created by constructing partition walls which will have a minimal impact on the fabric of the listed buildings. Details of the partition walls will be required by condition.

To allow access between the proposed offices five new internal openings are to be formed and one new doorway. The remaining door openings are either existing or are original openings that are to be unblocked. The new openings have been sensitively located to respect the original form and layout of the buildings. The originally submitted plans showed two blocked door openings on the primary façade fronting onto Well Meadow Street as being replaced with windows. This building range was originally domestic accommodation that took the form of one-up one-down dwellings. The pattern of windows and doors along this elevation reveals the original building layout and it was considered that if the block doorways were to be re-opened that they should be put back to doorways so that the original configuration of the buildings could be appreciated. Amended plans to this effect have been submitted.

Highways

The cobbled streets in this section of the Well Meadow Conservation Area are considered integral to its character. As part of this scheme it is proposed to lift and re-lay the original stone cobbles along Well Meadow Street. It was originally proposed to re-lay the section of highway in the applicant’s ownership. However, after discussion with the agent it has been agreed that the cobbled surface is an important aspect of the setting of the listed North Yard buildings and those on the opposite side of the highway that form part of Joel’s Yard. As a result, the cobbles

45 are to be re-laid along Well Meadow Street for the length of North Yard. This will improve the general appearance and usability of the street scene whilst retaining an important facet of the Conservation Area’s character and preserving the setting of not only the Grade II listed North Yard, but also the Grade II* listed Joel’s Yard.

As part of this proposal four parking spaces are to be provided within the site and two additional spaces in front of North Yard on Well Meadow Street. This parking provision is deemed sufficient in this sustainable city centre location, particularly given the location of a Supertram stop immediately to the northwest of the site.

It was originally proposed to provide five parking spaces within the site, one of which was suitable for disabled persons. To provide the five spaces an existing door opening was to be blocked up and a ramp was to be constructed within the central courtyard that would have been accessed by enlarging an existing window. It was considered that these works caused unnecessary disturbance to the original structure of the building. After discussion with the agent the ramp has been omitted from the scheme and the window is to remain as existing. The door opening, which provides a level access to the central courtyard, will be left in its present form and this will provide access to the central courtyard from the parking area. For the above revisions to be effective one of the originally proposed five parking spaces within the site has been lost. It is considered that the four remaining on-site parking bays are sufficient to serve an office complex of the proposed size. The parking area and access arrangements now have a minimal impact on the original structure of the listed building.

The applicant has agreed to pay £3000 towards the provision of new Traffic Regulation Orders to control on street parking in the vicinity of the proposal site.

Archaeology

Suitable conditions will be attached to ensure the archaeological interests of the site are protected. This will include building recording, detailed proposals for the retention and restoration of specific features such as the crucible furnace and forge, and an interpretation plaque to be displayed externally detailing the historic significance of the site.

Landscape

There is one tree within the site proposed for removal. This tree appears to have self seeded and is not visible from the street scene. The Landscape Department do not deem this tree worthy of retention and have raised no objection to its removal.

Noise

The site is in close proximity to a neighbouring industrial use and has the busy Netherthorpe Road running along the north boundary. As such the site is likely to be subject to some noise disturbance. However, it should be noted that the proposed Business (B1) use is not as noise sensitive as any of the residential

46 developments that have recently been granted planning permission in the vicinity of North Yard.

Internal noise levels of the offices will be covered by condition to ensure that they do not suffer from unacceptable noise disturbance.

SUMMARY AND RECOMMENDATION

The renovation and reuse of North Yard is extremely welcome given the dilapidated state of the site. The proposed Business (B1) use is appropriate to the area and the open layout of the workshops lends itself to an office use without the need for extensive internal alterations. Therefore, the internal character of the listed buildings will be largely retained and their long-term future will be secured.

The parking provision on site and on Well Meadow Street is deemed sufficient to serve the proposed offices given the sustainable city centre location and close proximity of the Sheffield Supertram. Level access has been achieved from the disabled parking bay with minimal disturbance to the listed buildings and the lift and new first-floor extension allow inclusive access to the first-floor of the southern range.

The first-floor extension to the eastern range and single-storey extension in the northwest corner of the site reflect the form, scale and architectural detailing of the existing buildings. The first-floor extension will positively contribute to the sense of enclosure of the courtyard that is traditional of industrial complexes such as this. Due to the modest dimensions and sympathetic design of the single-storey extension it will have a minimal impact on the site as a whole.

The buildings to be demolished are more recent additions to the complex and their loss will not impact on the traditional courtyard layout of the site and will have a minimal impact on the character and appearance of the site when viewed from Well Meadow Street.

The proposal is therefore recommended for approval, subject to the completion of a Legal Agreement in respect of the Planning Application and to the referral of the Listed Building application to the First Secretary of State.

HEADS OF TERMS

1. A sum of £3000 for the provision of new Traffic Regulation Orders to control on street parking.

Case Number 08/02701/LBC

Application Type Listed Building Consent Application

Proposal Alterations, demolition and first floor extension to industrial unit to form offices (Use Class B1) with associated car parking accommodation (As per amended plans)

Location North Yard Well Meadow Street Sheffield

Date Received 06/06/2008

Team CITY CENTRE AND EAST

Applicant/Agent Birkett Cole Lowe

Recommendation Grant Conditionally Subject to S of S

Subject to:

1 The development shall be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Planning (Listed Buildings and Conservation Areas) Regulations 1990.

2 Prior to the commencement of the development full details of the bin storage and cycle parking, including associated structures, shall have been submitted to and approved in writing by the Local Planning Authority. The agreed details shall be in place before any part of the buildings are brought into use and thereafter retained.

In the interests of the amenities of the locality and in order to ensure an appropriate quality of development.

3 No development, including ground clearance and demolition, shall take place until the applicant, their agent, or their successor in title has secured the implementation of a programme of archaeological work, including building recording, in accordance with a written scheme of investigation that has been submitted to and approved in writing by the Local Planning Authority.

48 To ensure that any archaeological remains present, whether standing or buried, are preserved - either by being left in situ or recorded and removed in accordance with an agreed method, before they are damaged or destroyed.

4 Prior to the commencement of the development detailed proposals for the retention and restoration of the crucible furnace, forge, their associated elements including the stiddy and all fire places, hearths and surrounds shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

5 Within 6 months from the commencement of development full details of an interpretation plaque, which shall include location, design and contents, shall have been submitted to and approved in writing by the Local Planning Authority. This plaque shall have been provided in accordance with these agreed details before any part of the development is brought into use or within an alternative timeframe to be agreed in writing by the Local Planning Authority. It shall thereafter be retained.

To allow an understanding of the historical significance of the site and in the interests of users of the development.

6 Before the development is commenced samples of all proposed external materials and finishes, including windows, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

7 A sample panel of the proposed masonry shall be erected on the site and shall illustrate the colour, texture, bedding and bonding of masonry and mortar finish to be used. The sample panel shall be approved in writing by the Local Planning Authority prior to the commencement of the building works and shall be retained for verification purposes until the completion of such works.

In order to ensure an appropriate quality of development.

8 Masonry shall be pointed or bedded using a lime mortar mix that is weaker than the surrounding masonry. The colour of the new mortar, which should match the original mortar before weathering, should be achieved by the use of appropriate sand. No propriety coloured mixes of pigments shall be used.

49 The joints should be finished flush then brushed back to expose the aggregate and the edges of the adjacent stone. On no account should the joints be struck or finished proud of the masonry face to form strap or ribbon pointing or feathered over the edge of eroded blocks. A sample panel of proposed pointing shall be approved by the Local Planning Authority before the development commences.

In order to ensure an appropriate quality of development.

9 Heads and cills shall match in size, style, construction and materials those of the existing building.

In order to ensure an appropriate quality of development.

10 The abutment of new walls to the Listed Building shall not be bonded into existing walls by removing existing masonry unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure the protection of the original fabric of the Listed Building

11 Prior to commencement of works, details of the extent and specification of brick/stone repair and cleaning shall have been submitted to and approved in writing by the Local Planning Authority and shall thereafter be carried out in accordance with the approved details.

In order to ensure that the fabric of the building is not damaged

12 Where possible the brick from the demolished structures shall be reused in the new extension and in repairs and areas of infill masonry. Any new material to be used in repairs and new areas of infill masonry shall match the existing surrounding masonry in bonding, colour, size, shape and texture and in the colour and finished treatment of mortar joints.

In order to ensure an appropriate quality of development.

13 There shall be no replacement, alteration or repair of any part of the original roof structure without the prior approval, in writing, of the Local Planning Authority of details of timbers to be removed, altered and repaired and details and specifications of all new replacement timber members.

In order to ensure an appropriate quality of development.

50 14 Before the commencement of development, details and specifications of the following items shall have been submitted to and approved in writing by the Local Planning Authority:

Roof materials Ridge Valleys Eaves Verges Rainwater goods

Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

15 All the rainwater gutters, downpipes and external plumbing shall be of cast iron or cast aluminium construction and painted black unless otherwise agreed in writing by the Local Planning Authority. Gutters shall be fixed by means of hangers and brackets and no fascia boards shall be used.

In order to ensure an appropriate quality of development.

16 Chimney stacks and pots shall be retained and, where repaired, should be reinstated to their original appearance using materials to match existing unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

17 Existing windows shall be retained and repaired unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

18 The windows shall consist of timber frames with timber opening casements. The glazing pattern, the thickness and profile of the frame and glazing bars and the reveal depth shall match those of the existing windows in the property and the windows shall be finished in gloss paint

In order to ensure an appropriate quality of development.

19 All internal and external doors shall be retained unless otherwise agreed in writing by the Local Planning Authority.

In order to protect the character of the original building.

51 20 Details, specifications and finishes of all new external doors and gates, including frame section sizes, reveal depths and any mouldings and architraves at a minimum of 1:20 shall be approved in writing by the Local planning Authority before the development commences. Thereafter, the new doors and gates shall be installed in accordance with the approved details.

In order to ensure an appropriate quality of development.

21 Before the development commences, details of all new joinery and timber structural elements and/or the repair, alteration or replacement of existing timber elements (including roof and floor timbers, partitions, stairs, balustrades, screens, wainscoting) shall have been approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved plans.

In order to protect the character of the original building.

22 Before the development commences, details of all new metal elements and/or the repair, alteration or replacement of existing metal elements shall have been approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details

In order to ensure an appropriate quality of development.

23 Before the development commences, a schedule of all fixtures and fittings, with a photographic record, and details of their retention, repair, removal or relocation shall have been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved schedule.

In order to protect the character of the original building.

24 Before the development commences, details and locations of all new fixtures and fittings shall have been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details

In order to ensure an appropriate quality of development.

25 Before the development commences, details of the location, specification and appearance of all new services to the building (including meter boxes, outlets and inlets for gas, electricity, telephones, security systems, cabling, trunking, soil and vent stacks, fresh and foul water supply and runs, heating, air conditioning, ventilation, extract and odour control equipment, pipe runs and internal and external ducting) shall have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

52 26 Before the development commences, details of installations and alterations arising from the requirements of fire protection, means of escape, acoustic attenuation and insulation, natural and mechanical ventilation, disabled access and the provision of natural and artificial lighting shall have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

27 Before the development commences, details of the design and appearance of boundary walls, gateways, steps and paths, hardstandings and other elements of the hard landscaping design shall have been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

BE15 - Areas and Buildings of Special Architectural and Historic Interest BE16 - Development in Conservation Areas BE17 - Design & Materials in Areas of Special Character or Historic Interest BE19 - Development affecting Listed Buildings St. Vincent's Action Plan PPG15

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

2. The applicant is advised that additional listed building consent may be required to achieve the internal noise levels as specified in planning permission 08/02700/FUL.

53 www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

Site Location

For report see 08/02700/FUL.

Case Number 08/02770/FUL

Application Type A Full Planning Application

Proposal Demolition of WMC and erection of 10 dwellinghouses and 9 apartments in 1 x 3-storey block with associated car parking and landscaping (Re-submission of 07/04813/FUL) (In accordance with amended drawings, nos. T1 1480-003 Rev B, T2 004 Rev B, Apart 1 006 Rev B, Apt 1 007 Rev B, T3 008 Rev B, T4 011 Rev B received 26.08.2008, Sustainability Statement received 26.08.08, amended drawing nos. 1480-002 Rev B, 010 Rev A)

Location Site Of Shiregreen WMC Shiregreen Lane Sheffield

Date Received 28/05/2008

Team CITY CENTRE AND EAST

Applicant/Agent Coda Studios Ltd

Recommendation GRA GC subject to Legal Agreement

Subject to:

1 The development shall be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 Before the development is commenced, details of all proposed external materials and finishes, including windows, shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

55 3 Before the commencement of development, large scale details, including materials and finishes, at a minimum of 1:20 of the items listed below shall be approved in writing by the Local Planning Authority:

Windows Window reveals Doors Eaves External wall construction Balconies Canopies Roofs, including insertion of solar panels Boundary Walls Privacy screens

Thereafter, the works shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

4 Unless otherwise agreed in writing the proposed green roof(s) (vegetated roof system) shall be provided on the roof(s) in the locations shown on the approved plans prior to the use of the buildings commencing. Full details of the green roof construction and specification, together with a maintenance schedule shall be submitted to and approved by the Local Planning Authority prior to works commencing on site and unless otherwise agreed in writing shall include a substrate based growing medium of 80mm minimum depth incorporating 15-25% compost or other organic material. Herbaceous plants shall be employed and the plants shall be maintained for a period of 5 years from the date of implementation and any failures within that period shall be replaced.

In the interests of biodiversity.

5 Before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the predicted carbon emissions from the development will be reduced by 10% The report shall demonstrate how this will be achieved using any combination of decentralised and renewable, or low carbon energy sources.

Any agreed decentralised and renewable or low carbon energy sources shall have been installed before any part of the development is occupied. Thereafter the agreed equipment, connection or measures shall be retained in use and maintained for the lifetime of the development, unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure that new development makes energy savings in the interests of mitigating the effects of climate change.

56 6 Before any work on site is commenced, a comprehensive and detailed hard and soft landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The landscape works shall be implemented prior to the development being brought into use or within an alternative timescale to be first agreed in writing with the Local Planning Authority. Thereafter the landscaped areas shall be retained and they shall be cultivated and maintained for a period of 5 years from the date of implementation and any plant failures within that five year period shall be replaced unless otherwise agreed by the Local Planning Authority.

In the interests of the amenities of the locality.

7 Before any work on site is commenced, measures to protect the existing trees, shrubs and hedges to be retained shall be provided, in accordance with details which shall be submitted to and approved by the Local Planning Authority. These measures shall include a construction methodology statement and plan showing accurate root protection areas and the location and details of protective fencing and signs. Protection of trees shall be in accordance with BS 5837, 2005 (its replacement) and the protected areas shall not be disturbed, compacted or used for any type of storage or fire, nor shall the retained trees, shrubs or hedge be damaged in any way. The Local Planning Authority shall be notified in writing when the protection measures are in place and the protection shall not be removed until the completion of the development unless otherwise agreed in writing.

In the interests of the amenities of the locality.

8 The residential units shall not be used unless the sight line, as indicated on the approved plans, has been provided. When such sight line has been provided, thereafter the sight line shall be retained and no obstruction to the sight line shall be allowed within the sight line above a height of 1 metre.

In the interests of traffic safety and the amenities of the locality.

9 The residential units shall not be used unless the car parking accommodation as shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

In the interests of traffic safety and the amenities of the locality.

10 The gradient of shared pedestrian/vehicular access shall not exceed 1:12 unless otherwise agreed in writing by the Local Planning Authority.

In the interests of traffic safety and the amenities of the locality.

57 11 At all times that construction works are being carried out equipment shall be provided to the satisfaction of the Local Planning Authority for the effective cleaning of the wheels and bodies of vehicles leaving the site so as to prevent the depositing of mud and waste on the highway but before the development is commenced full details of such equipment shall have been submitted to and approved by the Local Planning Authority. When the above-mentioned equipment has been provided thereafter such equipment shall be used for the sole purpose intended in all instances and be properly maintained.

In the interests of the safety of road users.

12 The development shall not be begun until details have been submitted to and approved by the Local Planning Authority of arrangements which have been entered into which will secure the reconstruction of the footways adjoining the site before the development is brought into use. The detailed materials specification shall have first been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

13 Surface water and foul drainage shall drain to separate systems.

To ensure satisfactory drainage arrangements.

14 No piped discharge of surface water from the application site shall take place until surface water drainage works including off-site works have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

15 No development shall take place until details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

16 The surface water discharge from the site is subject to a reduction of at least 30% compared to the existing peak flow and that the detailed proposals for surface water disposal, including calculations to demonstrate the reduction, must be submitted to and approved by the Local Planning Authority prior to commencement of the building.

To ensure satisfactory drainage arrangements.

58 17 Before the development is commenced a Phase 2 Risk Assessment, to characterize the contamination on site and propose a remediation scheme to ensure safe redevelopment, shall have been submitted to and approved in writing by the Local Planning Authority. Should any previously unsuspected contamination be encountered during the development, the Local Planning Authority shall be notified within one working day of its discovery, together with any proposed amendments to the proposed remediation scheme. The development shall then be carried out in accordance with the approved scheme and the applicant shall provide written verification that the remediation has been completed as approved, within 21 days of the approved scheme being completed.

In order to protect the health and safety of future occupiers and users of the site.

18 The windows on the elevation of the apartment block facing south, located to the eastern half of the elevation shall be glazed with obscure glass to a minimum privacy standard of Level 4 Obscurity and shall not at any time be glazed with clear glass without the prior written agreement of the Local Planning Authority.

In the interests of the amenities of occupiers of adjoining property.

19 In the event that any Japanese Knotweed is encountered within the site, a report including any remediation works proposed, shall be submitted to and approved by the Local Planning Authority, prior to the commencement of development.

In order to protect the health and safety of future occupiers and users of the site.

20 Before the development is commenced, details of bin store arrangements for individual dwellinghouses shall have been submitted to and approved in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

59 Attention is drawn to the following justifications:

H5 - Flats, Bed-sitters and Shared Housing H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas H16 - Open Space in New Housing Developments BE5 - Building Design and Siting T25 - Car Parking in Residential Areas The Brightside & Shiregreen Neighbourhood Development Framework

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

1. The applicant is advised that the Local Planning Authority has reason to believe that the application site may contain species and/or habitats protected by law. Separate controls therefore apply, regardless of this planning approval. Please contact the Ecology Unit Telephone Number 0114 2734481 for more information in this respect.

2. The applicant should be aware that a legal agreement has been completed in respect of this proposal.

You should apply for a consent to: -

Highways Adoption Group Development Services Sheffield City Council Howden House, 1 Union Street Sheffield S1 2SH

For the attention of Mr S Turner Tel: (0114) 27 34383

60 commencement condition surveys, permits, permissions or licences you may require in order to carry out your works.

5. The applicant is advised that noise and vibration from demolition and construction sites can be controlled by Sheffield City Council under Section 60 of the Control of Pollution Act 1974. As a general rule, where residential occupiers are likely to be affected, it is expected that noisy works of demolition and construction will be carried out during normal working hours, i.e. 0800 to 1800 hours Monday to Friday, and 0800 to 1300 hours on Saturdays with no working on Sundays or Public Holidays. Further advice, including a copy of the Council's Code of Practice for Minimising Nuisance from Construction and Demolition Sites is available from the Environmental Protection Service, 2-10 Carbrook Hall Road, Sheffield, S9 2DB: Tel - 0114 2734651.

6. It is recommended that the work be carried out in accordance with BS 3998 "Recommendations for tree work".

7. From the 6th April 2008, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 2008 require that all requests for confirmation of compliance with planning conditions require a fee payable to the Local Planning Authority. An application to the Local Planning Authority will be required using the new national standard application forms. Printable forms can be found at www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

61 Site Location

LOCATION AND PROPOSAL

The application site lies within a designated Housing Area and relates to Shiregreen Working Mens Club. The site comprises of two-storey/single-storey brick building, with a white finish rendered frontage. The main building has a hipped roof, but extending along the side are single and almost two-storey elevations which feature pitched roofs with side gables.

At the front of the site is a hard-surfaced forecourt, which has 3 means of vehicular access; a central access with one at either end. The northern vehicular access provides ingress into a large rear car park, which is then egressed via the southern most access point. The boundary treatment to the site is varied; retaining walls, brick elevations to existing garages, side gable to 2-storey dwelling, conifer hedge and a number of trees and shrubbery.

62 The site is relatively flat but approx. a third way through the site the land falls away and then levels out once more. Beyond the site to the rear, the land falls away such that properties fronting onto Leedham Close are set down approximately 2 metres below the site.

The site is bounded by residential properties to all sides and the character of the area is depicted by predominantly two-storey dwellinghouses, generally semi- detached or terraced, of varied architectural styles, ranging from late 19th Century to present day. Properties along the frontage of Shiregreen Lane date from approx. 1940s to later developments approx. 1980s. To the south, on Leedham Road are Victorian/Edwardian properties and to the east are properties approx. 1970s.

The proposal involves the demolition of the existing Working Men’s Club and the erection of 10 dwellinghouses and 9 apartments in 1 x 3-storey block, associated car parking and landscaping and construction of access road.

RELEVANT PLANNING HISTORY

07/04813/FUL – Erection of 11 dwellinghouse and 13 apartments in a 2/3 storey block with associated car parking and landscaping - Withdrawn – 8th May 2008.

00/002692/FUL – Siting of 15 metres high telecommunications pole and equipment housing – Refused – 7th August 2000.

SUMMARY OF REPRESENTATIONS

The originally submitted application (ref no. 07/04813/FUL) involved the erection of 11 dwellinghouses and 13 apartments in a 2/3 storey block with the provision of car parking spaces and landscaping. The application was advertised 29th February 2008 and a site notice was displayed 21st February 2008. 69 letters of objection were received together with 3 petitions containing 456, 47, and 528 signatures.

Objections and comments raised by the letters were:-

− Only club/pub on this side of the estate where community can meet and socialise – part of community − The Committee and customers of club have worked hard to improve the services and atmosphere of the club; and still being improved − Gaining more members − No need to build more houses here, build where needed − No community facility in area − Loss of jobs − Loss of privacy, overlooking − A lifeline for many people – bingo, quiz, drink − Will be nowhere for people to go and socialise − venue for film -‘The Full Monty’ – visitors come to see club − Other housing developments in area − Long memberships

63 − Planning application should not have been submitted until public meetings held etc − Where will elderly, disabled, OAPs go? − Wincobank WMC closed and community feeling has suffered − Loss of light and view − Extra traffic generated; close to school; congestion − Charity Events held here − Loss of direct sun light, owing to differing land levels etc − Lack of parking space − Improvements to road crossing − Council should put money into the club for film memorabilia − Question removal of trees and who responsible if retaining wall collapses? − Increased noise and disruption during building works − Good for families − Loss of value − Increased noise − Friendly environment − Club existed for 80 years − Not many clubs left

A letter of objection has also been received from The Management Committee of Shiregreen Working Mens Club.

In respect of this later application, 17 letters of objection have been received. The application was advertised 4th August 2008 and site notices were displayed 27th June and 2nd July 2008.

Objections and comments raised by the letters are the same as listed above but additional comments include:-

- properties very intrusive - reduce value of properties - limited natural light - loss of privacy - increase in noise levels from cars and people - has been some speed bumps introduced on Shiregreen Lane, the access for the site would be near to bend and existing access from Leedham Road – concern for traffic safety - Japanese Knotweed exists at rear of site – how would this be managed? - Approx. 200 new homes are being erected not far from site – no requirement for more - Overdevelopment - Windows overlook into gardens - Noise and dust pollution - Increased traffic on Shiregreen Lane - Not sufficient parking facilities - Appearance of properties is very modern, some places would be pleasing but does not represent the buildings of the area

64 - The Club is the last place that local people can get to within walking distance - Used by many older members of the community - Improvements have been made to the Club - This is not a private club but a working mans club so any affiliated member may use the club - Overlooking - Preference for render instead of timber to external facades - Limited places at school – new housing estate and this new development would worsen situation - What will happen to Colony of bats?

Two letters have also been received from local Councillors; Councillor Joan Barton and Councillor Peter Price. Cllr Barton states that this is one of the few social amenity facilities in the area which is used fully by local people and local schools. Cllr Price objects to the proposal, on behalf of the Brightside/Shiregreen Area Panel and local residents. He states that:-

- it is a thriving Club which benefits from a 22 year lease - its loss would be a massive blow to local community - over past 5 years – closures include Wincobank WMC, the Roman Ridge Pub, the Horseshoe Pub, and Sicey Pub - brings community together, which is a very diverse and deprived area - helps improve quality of lift - would leave area lacking in social meeting buildings - concert room is fully booked up till Christmas by local community groups and families - building of historic interest – The Full Monty; area lacks buildings of interest - would leave area short of a balanced community provision

A further letter of objection has been received from the Management Committee of the Shiregreen Working Mens Club. The letter includes extensive information as to the activities and social events taking place within the Club. The letter confirms the following:-

- Membership includes a lot of elderly persons - have gained new members - premises include a function room which can accommodate 300 people - 43 private functions took place last year as well as own functions - Children use the premises - A local football team use facilities for changing area - A fishing club also operates from the premises - A couple of Holiday clubs for members - Hawthorne Place, a Local Nursing Home have their Christmas Party every year - Hinde House School have Christmas Party - A party from Jarrow visit every year and have done so for a number of years

65 Current Weekly Events taking place are as follows:-

- Monday Night games Section – minimum of 15 players plus visitor team - Mon/Tues/Wed – table tennis team – at least 12 players plus visitors team - Tues/Thurs/Fri/Sat/Sun – Quizzes and bingo - Wednesday – Attercliffe & District Games League – 2 teams – at least 10 players plus visitors team - Wednesday – Snooker teams use games room – average number 12-15 - Thursday – Line Dance Class with tuition – average 5-10 – just getting established

PLANNING ASSESSMENT

Policy

The application site lies within a Housing Area as defined in the Unitary Development Plan and as such, Policies H5, H10, H14, H16, BE5, T25, would apply. However, Policy CF2 is also relevant in this instance, as it is necessary to consider whether the WMC would result in the loss of a community facility.

There is no specific Use Class for which a Working Mens Club falls within the Town and Country Planning (Use Classes) Order and therefore the assumption is that it is a ‘Sui Generis’ use. Working Mens Clubs prime use would have generally been to allow working people to use the premises to enjoy a social drink, thus would be licensed. However, these types of establishments have changed over the years and do offer other facilities for use by members of the public. Other premises which offer similar facilities may be those such as public houses and hotels, whom offer conference/function rooms for hire, although it should be borne in mind that such activities would be ancillary and would not affect the Use Class of those establishments.

A letter from the Management Committee of the Shiregreen WMC sets out a wide range of different activities over and above its use solely as a WMC. The letter also states that the building is primarily used by the community. It does clearly appear that the WMC acts as a community centre/meeting place as well as a WMC. The Unitary Development Plan sets out the definition of community facilities, which includes both ‘community centre’ and ‘meeting places’.

Policy CF2, ‘Keeping Community Facilities’, states that Development which would result in the loss of community facilities will be permitted if (a) the loss is unavoidable and equivalent facilities would be provided in the same area; or (b) the facilities are no longer required; or (c) where a change of use of a building is involved, equivalent accommodation would be readily available elsewhere.

It is considered that in terms of the above Policy, the proposed development would not replace the existing facilities, which are well used and provide a valuable community function. However, an audit of the area suggests there are a number of community buildings in the wider area. In particular, the following are Council owned buildings in the Brightside/Shiregreen Area:-

- Brushes Community Centre - Firth Park Clock Tower - Firth Park Pavilion - Flower Estate Community Centre (FECA) - Shiregreen Community Centre - Wincobank Wash House (soon to be demolished and replaced) - Castledine Tenants Meeting Room (Sheffield Homes) - Fife St Tenants meeting room (Sheffield Homes) - Shiregreen Neighbourhood Centre - Steel City Club (although questionable)

Other buildings exist in the area, but are not Council owned, but can be used by the Community, these include:-

- Grimesthorpe Family Centre, Holywell Road - St Margarets Church, Jenkin Road - Shiregreen United Reformed Church, Valentine Crescent - Centre for Life, Firth Park Methodist Church, Stubbin Lane - Stubbin Community Centre, Fairhorn Road - Undenominational Chapel, Wincobank Avenue - St James and St Christophers Church Hall, Bellhouse Road

Clearly there are a number of Community buildings available for use within the area, although none may be in such close proximity to the existing residents, such that they are as easily accessible.

Furthermore, an Inspector’s decision in August 2006 (ref no. APP/J4423/A/05/1190189), at Dial House, Ben Lane, Hillsborough, stated that ‘UDP Policy CF2, notwithstanding any other community related uses in that building, did not apply as the terms of the lease was for use as a private WMC and there was no Certificate of Lawful Use/Development for other uses. On that basis, the Inspector concluded that Policy CF2 would not prevent its conversion to housing.

It should be noted that the above site, although similar by virtue of the fact that it resulted in the loss of a Working Mens Club to allow a new housing development and was sited in a densely populated area, the circumstances are somewhat different. It is understood that the tenants were in arrears with the rent, had been given notice to quit the premises, and the lease was due to expire. The main building, which had a Listed Building attached to it, was also destroyed in a fire. There is approx. 21 years left remaining on the lease for the tenants of Shiregreen Club and considerable effort and investment have been employed to improve the Club, such as new carpets and air conditioning units etc and in attracting more visitors by way of providing a function room, which is accessible to the wider community. The use of the premises for community based activities/meetings appear to be increasing and there is clearly a lot of community support and loyalty for the current tenants. It cannot be disputed that the circumstances surrounding this site are very different to Dial House. However, whilst there is substantial support for the retention of the WMC, and the building clearly provides a

67 community function, no Certificate of Lawful use exists to substantiate its use. It is regrettable that the proposed development would result in the loss of what appears to be a widely used community facility, but given the above, it would be difficult to justify a refusal on such grounds.

The Brightside & Shiregreen Neighbourhood Development Framework

The site lies within an Action Plan area, denoted as the ‘Brightside and Shiregreen Neighbourhood Development Framework’ (HMR Masterplan). This Action Plan, which was adopted by the Council in January 2008, which provides a defined vision for the regeneration of this area with particular emphasis on high quality designed schemes, is a material consideration when considering planning applications. The Masterplan will sit alongside the Sheffield Development Framework (SDF), which is currently being prepared and would supersede the existing Unitary Development Plan.

In accordance with Policy H10, the proposed use for residential purposes (Class C3) is considered acceptable in principle as it is a ‘Preferred Use’.

Policy H5 states that flats would be acceptable provided that living conditions would be satisfactory for occupants of the accommodation and for their immediate neighbours and appropriate off-street car parking is provided.

Policy BE5 states that ‘new buildings should complement the scale, form and architectural style of surrounding buildings’. Policy H14 requires new buildings to be well designed and in scale and character with neighbouring buildings; new development to be well laid out and not be over-developed; not deprive residents of light, privacy or security.

Policy T25 aims to regulate car parking to ensure on-street parking problems are not worsened and as such states that on-street parking will be restricted as necessary; and encourages land owners to provide suitable off-street parking within their curtilage, wherever possible.

Policy H14 requires new buildings to be well designed and laid out, not be over- developed or deprive residents of light, privacy or security, appropriate off-street parking and not endanger pedestrians, and not suffer from unacceptable air pollution.

Policy H16 states that for new housing developments, developers are required to ensure that there is sufficient open space to meet local needs. As the proposal involves the erection of more than 5 dwellings within an area of less than 1 hectare, the developer is required to make a contribution towards open space.

Design

A previous submission was withdrawn as the proposal was considered to be overdeveloped. Following discussions, the design of the proposed development, as amended, is considered acceptable in terms of its scale, form and detail. Furthermore, the design of the development takes account of disabled access

68 issues, thus providing adequate access into and out of the apartment block, the provision of mobility units and access into and out of the site.

The proposal involves an apartment block comprising 9 flats and 10 dwellinghouses.

The proposed apartment block would be positioned in a general alignment with the existing building to the south and forward of the existing dwelling to the north by approx. 1.5 metres. Existing properties show an incremental set back and as such, the position of the building is not considered to be inappropriate or out of character with the area. The building would be three-storeys high, with a flat roof. The height of the building would be marginally higher than the ridge height of the existing dwellinghouse to the north and as it would be a stand along building, which is separated from existing properties, it would not appear out of scale with the existing street scene.

The layout of the building is such that it would have part of the front elevation set back, to allow balconies, which would serve 2 of the upper floor flats and in doing so, provides additional modelling to the frontage. The building would be constructed of red brick and would feature areas of horizontal timber cladding, steel channel bands, varied sized glazing, which would be aluminium framed, painted metal balconies and canopies to ground floor entrances. The window proportions are considered appropriate, and would not appear out of context with the immediate area, given the varied house types that exist. The materials and detailing provides some relief to the building and helps to address the height by breaking up the elevations.

The apartment block has been designed such that the majority of car parking accommodation is position to the rear, thus allowing the building to be the dominant feature within the street. The provision of 3 driveways serving the mobility units, not only provides easy access for people with disabilities but also replicates what exists already along this frontage.

The remainder of the site relates to the erection of 10 dwellinghouses, which are located to the rear of the apartment block. The layout of the site has been arranged in blocks, i.e. generally semi-detached with the introduction of a short run of terraced properties, which is reflective of the pattern of development in the area. The dwellings have been orientated such that all would feature their main entrance fronting onto the access road, which is characteristic of a typical residential street, and in doing so provides some natural surveillance. The dwellings have been positioned in a manner to take account of the topography, which has ensured that the roof height follows the fall in land towards the rear of the site. Some defensible space has been created at the front of many of the dwellings, which is characteristic of domestic properties and with the addition of boundary treatments and landscaping, the visual quality of the area would be both enhanced and softened.

The design concept of the proposed dwellinghouses is not dissimilar to the apartment block. The external facades would incorporate a predominantly red brick exterior, which would feature timber cladding, varied sized glazing although

69 with more emphasis on verticality, steel channel detailing and painted metal balconies to first floor. The detailing to each façade would be replicated on all the dwellings and the arrangement of materials would be the same for every dwelling such that each block would have a balanced mirrored elevation. Some degree of modelling would be introduced via slight set backs, both on the front and rear elevations, which combined with the proposed mono-pitched roof, would allow for a heavier eaves and different degrees of shadowing.

The design of the proposed development and palette of materials represents a contemporary architectural approach and does not attempt to create a pastiche development. The apartment block fronting onto Shiregreen Lane would serve to provide as a landmark, and the mix of materials, its shape and form would provide some visual interest to the appearance of the area.

Sustainability

Included as part of the planning application, a Sustainability Assessment has been submitted, which incorporates a number of sustainability initiatives as part of the proposed development.

A number of measures would be implemented, which would involve the following:-

1) All buildings being insulated to a very high level to achieve U Values above and beyond those set out by the Building Regulations.

2) Parking areas within the development to be paved with a sustainable urban drainage system.

3) Water management systems for all units.

4) A brown roof to be planted on the roof of the apartments block.

5) Solar panels introduced onto the roofs of individual dwellinghouses.

Furthermore, it is intended that 10% of energy would be achieved from renewable sources and a condition would be imposed accordingly.

Effect on Residential Properties

The site falls away from the front to the rear of the site, such that existing residential properties fronting onto Leedham Close would be set down approx. 2 metres below the site. The rear gardens of these properties are small, at just 6 metres long. The proposed two-storey dwellings, which would be located to the east of the site, with rear elevations facing towards Leedham Close properties, would inevitably result in some degree of overlooking. However, 21 metres would be maintained between these properties, which is in accordance with current Supplementary Planning Guidance. Furthermore the rear gardens serving the new development would be in excess of 10 metres and although there is a level difference of approx. 2 metres, it would be unreasonable to suggest a further increase between properties is required. Although the rear gardens of existing

70 properties are small, it is not considered that such circumstances should prejudice the redevelopment of this site. The existing residents have been fortunate in that they have not had any form of development to the rear of their properties, but this should again not prejudice the redevelopment of the site.

It is considered that residents of Leedham Road would not be adversely affected by the proposed development. Garden lengths would be maintained at approx. 10 metres and a minimum distance of 21 metres would be maintained, in accordance with Supplementary Planning Guidance. Again, as stated above, some degree of overlooking would occur by virtue of the fact that this site is being developed. It is also noted that there is a noticeable level difference between existing properties and the site. Distances between properties would be acceptable and with the addition of suitable boundary treatments, incorporating fencing and planting, it is unlikely that the level of overlooking resulting from first floor windows would be significant such that a refusal would be justified.

To mitigate against any potential overlooking resulting from the apartment block, windows, other than high level windows, located in the side elevation facing south will be obscure glazed. A condition would be imposed.

Future Occupants

The apartments would benefit from a communal garden, located to the rear, along the southern boundary of the site. Compact gardens would be provided to the front of the apartment block, to serve the ground floor mobility units. Furthermore, 2 apartments (nos. 6 and 9) located at first and second floor would also have additional amenity space in the form a balcony. The provision of generous sized windows would also serve to provide a good source of natural daylight, into each residential unit.

The dwellinghouses along the southern boundary would have private rear gardens, approx. 10 metres long, with an overall garden area exceeding 50 square metres. Properties along the east boundary would have more generous sized gardens, with garden lengths at no less than 13.5 metres long.

Bin Storage

An internal bin store would be provided at ground floor level, to serve the occupants of the apartments. Access to the bin store would be achieved from within the building and an external door also exists to allow easy access for when bins are emptied.

Seven of the ten dwellinghouses would benefit from bin storage facilities located either to the side or rear of the properties. The remaining three dwellinghouses would require bin storage to be located to the front of the properties, which is not ideal but given that it would only affect the minority of properties, and with additional screening they are unlikely to have a detrimental impact on the visual quality of the area.

71 Highway Issues

An access road would be constructed along the northern half of the site, resulting in a cul-de-sac type arrangement. Sufficient manoeuvring space would be achieved for service and emergency vehicles at the head of the cul-de-sac. The layout allows for a pedestrian route from the existing footway fronting Shiregreen Lane through to the rear of the site.

The apartments block would be served by 6 parking spaces to the rear, with a further 3, which would be disabled spaces, to the front of the building. Each of the mobility dwellinghouses would benefit from driveways, which are to mobility standard, thus would allow adequate space for disabled drivers. The remaining seven dwellinghouses would have 12 parking spaces, with additional ancillary parking accommodation provided along the northern edge of the site.

The proposed development is considered acceptable in terms of highway safety and is unlikely to lead to increased on-street parking along Shiregreen Lane.

RESPONSE TO REPRESENTATIONS

The report addresses the planning issues.

Mobility Housing

The provision of mobility housing would be implemented in the form of three apartments, located at ground floor level and three 2 bedroomed dwellinghouses, thus exceeding the minimum 25% requirement as laid down in the Unitary Development Plan.

Drainage

The site access is from Shiregreen Lane and although the land falls away from the front to the rear of the site, any new drainage arrangements would be required to drain away from existing properties towards the existing drainage system, onto Shiregreen Lane.

A condition would be imposed, requiring at least a 30% reduction in surface water discharge from the site compared to the existing peak flow.

Environmental Issues

Some contamination may exist on the site and therefore appropriate conditions would be imposed to address this.

Ecological Issues

Evidence suggests that bats exist on the site. A Directive would be imposed to ensure this matter is dealt with appropriately.

72 It has been suggested that some Japanese Knotweed exists on the site and as such a condition would be imposed requiring details of its removal (if present) to be submitted and approved.

Open Space Contribution

In accordance with Policy H16 of the UDP, the developer is required to make a contribution towards the provision of open space, in lieu of direct open space provision.

A Unilateral Undertaking under Section 106 of the Town and Country Planning Act, 1990, would be required to secure a contribution. In this case the contribution amounts to £16,340.95. Such monies would be distributed, following consultation with the relevant Area Panel.

SUMMARY AND RECOMMENDATION

The redevelopment of the site for residential development is acceptable in terms of UDP Policy and the Brightside and Shiregreen Development Framework. However, the loss of the Working Men’s Club raises concern in respect of the potential loss of a community facility, which would be contrary to Policy CF2. The WMC clearly is providing a valuable community resource but in light of a recent decision made by a Planning Inspector, and the fact that a Private WMC (although allows access to non-members) would not fall within the definition of a community function, since no Lawful Use Certificate exists, the proposed development would not be contrary to Policy CF2. It is regrettable that a valuable community resource such as this may be lost, but given the above, it is not considered that a refusal would be justified on such grounds.

The design of the proposed development is considered acceptable in terms of its scale, form and detail and although the approach is contemporary, it would not compromise the street scene, and as such it would comply with Policies laid down in the Unitary Development Plan.

Occupiers of existing properties would not be adversely affected such that a refusal would be justified.

The proposed development is considered acceptable and it is on this basis that the application be recommended for approval subject to the listed conditions.

HEADS OF TERMS

The developer shall make a contribution of £16,340.95 towards the provision or enhancement of open space in the city centre, in line with Policy H16 of the UDP and Supplementary Planning Guidance.

Case Number 08/03002/CHU

Application Type Planning Application for Change of Use

Proposal Change of use of gymnasium from in-house operator to independent operator (Use Class D2)

Location Sheffield United Football Club Bramall Lane Sheffield S2 4SU

Date Received 18/06/2008

Team SOUTH

Applicant/Agent WCEC Architects

Recommendation Grant Conditionally

Subject to:

1 The development shall be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 Before the gymnasium is brought into use details of the car park management plan which shall include details of the additional overspill parking within the Sheffield United F.C. Stadium, shall be submitted to and approved in writing by the Local Planning Authority.

In the interests of traffic safety and the amenities of the locality.

3 Prior to the commencement of the use, a revised detailed Travel Plan(s), designed to: reduce the need for and impact of motor vehicles, including fleet operations; increase site accessibility; and to facilitate and encourage alternative travel modes, shall have been submitted to and approved in writing by the Local Planning Authority. Detailed Travel Plan(s) shall be developed in accordance with a previously approved Framework Travel Plan for the proposed development, where that exists.

The Travel Plan(s) shall include:

1. Clear and unambiguous objectives and modal split targets; 2. An implementation programme, with arrangements to review and report back on progress being achieved to the Local Planning Authority in

74 accordance with the 'Monitoring Schedule' for written approval of actions consequently proposed, 3. The results and findings of the monitoring shall be independently verified/validated to the satisfaction of the local planning authority. 4. The verified/validated results will be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

On occupation, the approved Travel Plan(s) shall thereafter be implemented, subject to any variations approved in writing by the Local Planning Authority.

In the interests of delivering sustainable forms of transport, in accordance with the Transport Policies in the adopted Unitary Development Plan for Sheffield and PPG13.

4 No live or amplified music shall be played within the gymnasium unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall;

a) Be based on the findings of an approved noise survey of the application site, including an approved method statement for the noise survey.

b) Be capable of restricting noise breakout (at monitoring positions to be agreed with the Local Planning Authority) from the building to the street to noise levels not exceeding:

- the background noise levels by more than 3 dBA when measured as a 15 minute LAeq. - any octave band centre frequency by more than 3dB when measured as a 15 minutes linear Leq.

Before such scheme of works is installed full details thereof shall first have been submitted to and approved by the Local Planning Authority.

In the interests of the amenities of hotel guests and the locality.

Attention is drawn to the following justifications:

MU5 - Bramall Lane Mixed Use Area

This informative is intended as a summary of the reasons for grant of planning permission.

75 Attention is drawn to the following directives:

1. From the 6th April 2008, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 2008 require that all requests for confirmation of compliance with planning conditions require a fee payable to the Local Planning Authority. An application to the Local Planning Authority will be required using the new national standard application forms. Printable forms can be found at www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

Site Location

76 LOCATION AND PROPOSAL

The application relates to one of the internal spaces within the recently constructed Copthorne hotel which lies within the curtilage of the Sheffield United football stadium at the junction of Bramall Lane and Cherry Street.

The street scene of Bramall Lane at this location is dominated by the existing Bramall Lane stand. To the west the built environment consists of industrial and commercial developments including metal working units, workshops and warehousing, these being predominantly 3 domestic storeys in height.

To the south there is a development of flats and offices, the buildings fronting Bramall Lane and Cherry Street. This rises to a height of six/seven storeys.

This is an application for a change of use of the existing gymnasium within the building. When permission was granted for the hotel this facility was detailed as being an in-house facility and therefore ancillary to the C1 Hotel Use Class. It is now proposed that an independent operator will run the business and the use will therefore fall within Use Class D2. (Assembly and Leisure)

RELEVANT PLANNING HISTORY

Planning permission was granted in 1998 (98/0780/REM) for a variety of alterations to the football ground including a 5 storey hotel.

Planning permission was granted in 2006 (05/03944/FUL) for a 150 bed hotel.

Planning permission was granted in 2007 (07/01281/FUL) for a 160 bed hotel.

SUMMARY OF REPRESENTATIONS

There have been no letters of representation regarding the application.

PLANNING ASSESSMENT

Policy Issues

The site for development is allocated as a Mixed Use Area in the Unitary Development Plan (UDP). UDP policies MU5, BE2, BE5, BE7, BE8 and BE9 are relevant.

MU5 Bramall Lane Mixed Use Area states:

In the Bramall Lane Mixed Use Area, the following uses will be acceptable:

Leisure and recreation facilities (D2)

The proposal is for an acceptable use in this Mixed Use Area in the Unitary Development Plan Policy MU5. However, Government Guidance in PPS6 is also relevant and can supersede Unitary Development Plan policies. PPS6 identifies

77 gymnasia as a main town centre use but this development is out of centre, and therefore does not strictly accord with the general aims of this document.

However, in this case

- The gymnasium is likely to provide a service principally to the neighbouring residential catchment, and visitors of the hotel, despite being operated independently. It is therefore considered that a need at this location is established and a more central site would be inappropriate. - The change of use is unlikely to have any impact on the vitality and viability of the City Centre - For users other than hotel guests it is accessible by a choice of means of transport from the City Centre, including on foot.

For these reasons it is not considered that the proposal runs contrary to PPS 6 and is acceptable in principle at this location.

Highway Issues

The proposal could lead to an increase in vehicular traffic on Bramall Lane. It is appreciated that this consequence could have a limited effect on the residential amenity of properties in the locality. However, it is also accepted that any increase in activity would likely only represent a very marginal exacerbation of the existing situation.

Parking provision

The proposal makes provision for 10 additional overspill car parking spaces within the curtilage of the stadium.

Obviously this is a re-allocation of an overall finite resource within the site as a whole but, subject to the provision of a car park management plan, it is considered that there is no substantive reason to refuse the application on highway grounds.

Residential Amenity

The nearest existing dwellings to the proposal would be the flat units in the Anchor Point development on Cherry Street.

It is not considered that the change in operator at the gym will result in any significant change in impact on nearby residential properties above and beyond that assessed on the original application.

CONCLUSIONS

This is an application for a change of use prompted by the fact that the gym in its original format was considered ancillary. There are no implications in terms of the built environment and it is not felt that the change of ownership will engender any significant deterioration in residential amenity.

The proposal does include provision for additional overspill parking which is considered acceptable subject to a suitable management plan to be secured by condition.

Subject to conditions the proposal is recommended for the granting of planning permission.

Case Number 08/03070/CHU

Application Type Planning Application for Change of Use

Proposal Use of premises as hot food takeaway

Location 16A Dixon Lane Sheffield S1 2AL

Date Received 06/06/2008

Team CITY CENTRE AND EAST

Applicant/Agent Mr T Sheikh

Recommendation Grant Conditionally

Subject to:

1 The development shall be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 The development shall not be used for the purpose hereby permitted unless suitable apparatus for the arrestment and discharge of fumes or gases has been installed. Before such equipment is installed details thereof shall have been submitted to and approved by the Local Planning Authority. After installation such equipment shall be retained and operated for the purpose for which it was installed.

In the interests of the amenities of the locality and occupiers of adjoining property.

3 The development shall be used for the above-mentioned purpose only between 0900 hours and 2330 hours, Mondays to Saturdays, and 0900 hours and 2300 hours on Sundays and Public Holidays.

In the interests of the amenities of the locality and occupiers of adjoining property.

80 4 Before the development is commenced full details of the proposed refuse and recycling storage facilities to be provided to serve the development shall have been submitted to and approved in writing by the Local Planning Authority. The details shall include a method statement indicating how the facilities will be managed and serviced and how occupiers of the proposed development will be encouraged to maximise the use of the proposed recycling facilities to reduce general waste arising. Prior to the occupation of the proposed development the approved facilities shall have been implemented in conjunction with the approved method statement and shall thereafter be retained.

In order to ensure that proper provision for refuse is made and to encourage the maximum use of recycling in the interests of protecting the environment.

5 Amplified sound or live music shall only be played within the building in such a way that noise breakout to the street does not exceed:

i) background noise levels by more than 3dB(A) when measured as a 15 minute LAeq,

ii) any octave band centre frequency by more than 3dB when measured as a 15 minute Leq, when measured at the façade of the building directly across Dixon Lane.

In the interests of the amenities of the locality and occupiers of adjoining property.

Attention is drawn to the following justifications:

S3 - Development in the Central Shopping Core S10 - Conditions on Development in Shopping Areas

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

1. You are advised that the front step into the shop is not accessible for people with disabilities, and that in the event of any complaint you may be required to provide improved access under the Disability Discrimination Act.

81 Planning Authority will be required using the new national standard application forms. Printable forms can be found at www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

Site Location

LOCATION AND PROPOSAL

This is one of a row of 3 storey buildings with ground floor small shops on the south side of Dixon Lane. It has been a shop for many years and is presently used a dry cleaners.

82 HISTORY

Various permissions have been granted over the years for new shop fronts.

ASSESSMENT

Policy

The site is located within the Central Shopping Area in the Unitary Development Plan. Policy S3 lists Hot Food Takeaways (Class A5) as a preferred use, along with Housing (Class C3). Policy S10 requires that residents or hotel guests nearby should not suffer unacceptable living conditions because of noise or other nuisance or risk to health and safety.

Land Use

There is no objection to the proposed use, subject to the satisfactory regulation of its environmental effects. The upper floors form a single unit with the ground floor and are used for storage. The front 1st and 2nd floor windows are boarded up, as are those of neighbouring buildings.

Fume Extraction

It is understood that the ground floor was previously used as a baker’s shop also selling hot snacks. A fume extraction duct already exists from the ground floor with an extract vent at first floor level on the rear wall. This is considered satisfactory provided that the upper floors are not residentially occupied. This is covered by condition.

Hours of Use

The applicant intends to open in the daytime only as a rule. Occasionally, he may open until 2100 hours depending upon trade. This is considered satisfactory, and a condition is recommended preventing late night time use.

Refuse and Recycling

There is only limited outdoor space at the rear, which is only accessible through the shop. Separation into paper/card and general waste is proposed with the bins in the rear yard. On collection days they will be brought through the shop to the street.

Noise

This is a not at present a great concern as the nearest accommodation that might be affected is the hotel round the corner on Shudehill. A standard condition limiting any noise breakout to 3dBA max is recommended to cover any future changes. This would allow normal use of a television, radio or domestic level amplified sound.

83 Disabled Access

The existing step is not really satisfactory, and should ideally be replaced by a ramp in the shop doorway or footway or both. However Dixon Lane slopes more than is convenient for wheelchair users, and a nearby crossover on the footway lacks a dropped kerb, making the whole footway difficult to access. Raising the footway may be difficult to arrange safely, and an internal ramp may be onerous on this small shop unit.

It is not considered reasonable to require a ramped entrance in these circumstances. However the applicant has been made aware of his potential liability should a complaint be received under the Disability Discrimination Act. This is confirmed by a directive.

RECOMMENDATION

Grant subject to the recommended conditions.

Case Number 08/03245/CHU

Application Type Planning Application for Change of Use

Proposal Use of part of building as retail unit (Class A1)

Location 455 Abbeydale Road Sheffield S7 1FS

Date Received 02/07/2008

Team SOUTH

Applicant/Agent DPP

Recommendation Grant Conditionally

Subject to:

1 The development shall be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 The retail unit shall not be used unless the car parking accommodation for 16 cars to the front of the site and 11 cars to the rear of the site as shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended unless otherwise agreed in writing by the Local Planning Authority.

In the interests of traffic safety and the amenities of the locality.

3 Before the development is commenced, full details of suitable and sufficient cycle parking accommodation within the site shall have been submitted to and approved in writing by the Local Planning Authority and the retail unit shall not be used unless such cycle parking accommodation has been provided in accordance with the approved plans and thereafter such cycle parking accommodation shall be retained for the sole use of the development hereby permitted.

In the interests of traffic safety and the amenities of the locality.

85 4 The retail unit shall not be used unless a Deliveries Management Plan, has been submitted to and approved in writing by the Local Planning Authority. Thereafter deliveries shall be managed in accordance with the approved Management Plan.

In the interests of traffic safety and the amenities of the locality.

5 The retail unit shall not be used unless the existing means of access to the customer car park has been widened to 5 metres and pedestrian access to the site has been provided in accordance with details to have first been submitted to and approved in writing by the Local Planning Authority. Thereafter the means of vehicular and pedestrian access shall be retained.

In the interests of traffic safety and the amenities of the locality.

6 The retail unit shall be restricted to a maximum sales area of 280m2.

To protect the vitality and viability of the Local Shopping Centre.

7 The retail unit shall be open for business only between 07:00 hours and 23:00 hours on any day.

In the interests of the amenities of the locality and occupiers of adjoining property.

8 No goods or materials of any description shall be stored or displayed wholly or partly outside the building within the site of the development with out the prior written agreement of the Local Planning Authority.

In the interests of the amenities of the locality.

9 No deliveries to the building shall be carried out between the hours of 2300 to 0700 hours Monday to Saturday and 2300 hours to 0900 hours Sundays and Public Holidays.

In the interests of the amenities of the locality and occupiers of adjoining property.

10 No alterations shall be carried out to the external appearance of the building without the prior written consent of the Local Planning Authority.

In the interests of the visual amenities of the locality.

86 Attention is drawn to the following justifications:

S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

1. The developer's attention is drawn to:

(i)Sections 4 and 7 of the Chronically Sick and Disabled Persons Act 1970, as amended; and

(ii)the code of Practice for Access of the Disabled to Buildings (British Standards Institution code of practice BS 8300) or any prescribed document replacing that code.

Section 4 sets requirements for access to, and facilities at, premises. Section 7 requires a notice or sign to be displayed, indicating that provision is made for the disabled.

If you require any further information please contact Brian Messider or Simon Ovendon on Sheffield 2734197.

2. The applicant should install any external lighting to the site to meet the guidance provided by the Institution of Lighting Engineers in their document "Guidance Notes for the Reduction of Light Pollution". This is to prevent obtrusive light causing disamenity to neighbours. The Guidance Notes are available from the Institute of Lighting Engineers, telephone number (01788) 576492 and fax number (01788) 540145.

3. From the 6th April 2008, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 2008 require that all requests for confirmation of compliance with planning conditions require a fee payable to the Local Planning Authority. An application to the Local Planning Authority will be required using the new national standard application forms. Printable forms can be found at www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

87 Site Location

LOCATION AND PROPOSAL

The site is part of the vacant former Autoworld car showroom and ancillary workshops at the junction of Abbeydale Road with Bedale Road. The site also has a frontage to Broadfield Road.

The former showroom is centrally positioned with the car display area in front adjoining the landscaped frontage to Abbeydale Road. The former workshops and a fenced service yard/car parking area are to the rear of the showrooms with vehicular access from Bedale Road and Broadfield Road, respectively. Bedale Road is one-way downhill from Abbeydale Road to Broadfield Road.

The showroom is single storey at the front with a covered way at a lower level formed by the falling site levels. There is traditional two storey housing opposite

88 the site in Abbeydale Road and the side elevation of a retail shop and the car park to Heeley Swimming Pool opposite the site in Bedale Road. A small terrace of dwellings lies beyond the workshops towards the Abbeydale Road/Broadfield Road signalled junction.

The application is to use part of the showroom as a Tesco Express retail shop (Use Class A1). ‘Express’ shops are Tesco’s smallest format. The shop is proposed to have a net sales area of 266m2. Sales areas no greater than 280m2 fall within the definition of ‘small shops’ for planning purposes. The proposed opening hours are 07:00 hours to 23:00 hours daily with servicing between 08:00 hours and 18:00 hours daily.

16 car parking spaces are indicated to the front in the former car sales display area with a further 11 to the rear in the existing service yard.

This application is solely for the change of use to retail. No details have been provided in respect of any proposed changes to the appearance of the building.

RELEVANT PLANNING HISTORY

Planning permission for the car showroom/garage use was originally granted in 1989 (ref.88/02894/FUL). There has subsequently been a number of minor applications relating to the showroom use. These include an extension to the vehicle parking display area which was granted in 1996 (ref. 96/00700/FUL).

SUMMARY OF REPRESENTATIONS

There is widespread opposition to the proposals. 44 individual letters of objection have been received, together with 2 petitions of 982 and 147 signatures, respectively.

The primary concern is the effect on local shops in an area ‘already well served by a diverse range of shops and supermarkets’, some of which have been trading for around 30 years.

Other representations made are summarised as follows:

- No need for another Tesco – Tesco supermarket with free bus service within one mile (Millhouses) – increasing monopoly of provision in area (3 within one mile and 9 within two miles) – Tesco already have 22% of the major name stores within 1.5 miles of this site - detrimental effect on character of area which is well supported by a good range of independent retailers who appreciate their customers and add to thriving unique community - closure of local shops would particularly adversely affect vulnerable and minority groups who depend on them and boarded up shops will undermine the area - will exacerbate congestion and parking problems in the area, particularly at busy road junction on arterial route – adverse impact on traffic flow

89 and vulnerable user groups – queuing caused by awkward turn into car park - insufficient space for delivery vehicles to turn within site - no crossing facility in Bedale Road – additional traffic will be potentially dangerous for pedestrians - increase in noise, rubbish and nuisance to neighbours adjoining and opposite the site caused by customers and deliveries - increased light pollution due to late opening and security lighting – will directly illuminate rear of dwellings in Broadfield Road - proximity of residential property grossly inaccurate in supporting documents - access, maintenance and privacy problems to side of No310 Broadfield Road – possible devaluation of property - need to understand target population to determine what the proposals will add to area/community - if approved, proposals should include abundant cycle parking and a pedestrian crossing at Sheldon Road/Broadfield Road should be funded by Tesco - do not want Tesco to continue to grow on back of ‘cheap quality food’ - will not enhance employment in area as Tesco bring their own staff with them - suggestion that Council may be unable to consider the application on its own merits due to conflict of interests - suggestion that Tesco is buying the site to prevent competition and that site will therefore stand derelict and remain an eyesore - suggestion that Tesco applications should not be entertained whilst they breach planning controls elsewhere

Ward Councillors Patricia White, Ali Qadar and Colin France have all objected individually on the grounds that local businesses will suffer and may no longer be viable and that traffic congestion and car parking will be increased around a busy road junction.

PLANNING ASSESSMENT

Policy

The site lies within a Local Shopping Centre as defined in the adopted Unitary Development Plan (UDP). The following UDP policies are most relevant in assessing the application proposals:

- S7 (Development in District and Local Shopping Centres) - S10 (Conditions on Development in Shopping Areas)

National planning policies in PPS6: Planning for Town Centres is also relevant.

Principle of Retail Use

The proposed use is a ‘small shop’ for retail (Class A1) purposes within a designated Local Shopping Centre (LSC). This is the preferred use in Shopping

90 Centres in accordance with UDP Policy S7. The former use as a car showroom is listed as an ‘acceptable’ use under S7. The proposals therefore represent a change from an acceptable use to a preferred use.

The current national policies in PPS6 require the ‘need’ for retail development to be demonstrated in respect of proposals that would be located outside designated shopping areas.

A consultation on proposed revisions to PPS6 was published in July 2008. The revisions include a requirement for an assessment of impact of development proposals including the consideration of any positive and negative effects on the vitality and viability of existing shopping centres within the catchment of the development. However, this guidance is intended to relate to developments outside shopping centre or edge-of-centre locations and, in most cases, those exceeding 2,500m2 floorspace. It also mentions that the identity of retail occupiers are not normally a material consideration but that local authorities can ‘create the right conditions to help diversity flourish’.

As the proposals relate to a ‘small shop’ within a designated Local Shopping Centre, there is no requirement for need to be demonstrated either in the context of the current PPS6, the revised consultation proposals (which are not material considerations at this time) or current UDP policies. There can therefore be no objection to the proposed change of use in principle.

It is worth noting that the Competition Commission’s recommendations to the Government propose a ‘competition test’ for applications for new grocery floorspace in excess of 1000m2. The application proposals fall far short of the suggested threshold.

The proposed new retail unit will add to, rather than undermine, the primary shopping function of the LSC and the development therefore accords with Policy S10(a).

Overall, the proposals should add to choice within the Local Shopping Centre. Choice for consumers is at the heart of national retail planning policy. It should be noted there is a range of independent retailers within the LSC which seem to compete effectively with the other nationwide grocery retailers in the LSC and within the relatively close Nether Edge LSC (i.e. Spar and Jacksons (Sainsbury)).

Highway Matters

The Council’s (maximum) Car Parking Guidelines indicate that 24-25 parking spaces should be provided to serve the retail food store. This is subject to location and traffic generation.

The proposals indicate 16 spaces within the former car sales display area to the front of the building and a further 11 in the former service area to the rear. Due to the store entrance being located on the Abbeydale Road frontage, it is preferable that the front area is reserved for customers and the rear is used primarily for staff and small deliveries. The remainder of the car showroom is currently being

91 marketed. The applicant has confirmed that this unit/units will also have use of the front car park. The other unit/s may also have use of a further car park accessed from Broadfield Road which Tesco will not have the use of. Any new uses will require planning permission.

The site is in a highly accessible location being within a large LSC on a main route to and from the City and with a large catchment within easy walking distance. There is a pedestrian crossing facility close by in Abbeydale Road. The supporting submissions indicate that the catchment of similar Tesco Express shops is, in practice, 1000-1500m. It is predominantly aimed at ‘top up’ shopping which is less likely to be dependent on cars. The applicant anticipates peak traffic movements of 60 per hour maximum. National databases in respect of convenience stores and trip generation indicate that there would be no more than 18 arrivals and 18 departures per hour with typically 55.7% of visits being made on foot.

In view of the above, there is not expected to be significant traffic generation associated with the development. On-street parking is restricted in immediate proximity of the site and a filter lane operates in Abbeydale Road for vehicles to turn into Bedale Road.

The applicant has indicated that 2 large delivery lorries can be expected daily. It is proposed that these are unloaded from the carriageway in Bedale Road. This is less than ideal but should not unduly obstruct the one-way traffic flow if managed correctly. There are full time parking restrictions along the length of Bedale Road which should ensure that space is available. The site cannot satisfactorily accommodate on-site turning. Smaller vehicles can unload within the site. A management plan for deliveries can be conditioned.

Residential Amenity

There is adequate separation from residential property and with restrictions on the hours of use and delivery times, there will be no late night disturbance. Whilst the proposal indicates servicing will occur between 0800 hours and 1800 hours, given the location of the site, and that it is separated from residential neighbours by a major arterial route, it is considered that a more typical restriction preventing deliveries between 0700 hours and 2300 hours (Mon-Sat) and 2300 hours to 0900 hours (Sundays and Bank Holiday) should be imposed.

Recycling

Provision has been considered but not requested due to the open nature of the frontage of the site where such facilities would necessarily be located. It would be difficult to prevent late night use and potential for noise disturbance, particularly from bottle banks, in this location. There appears to be scope for provision within the large car park at the Council facility of Heeley Swimming Pool. This location would be more suitable if a facility is required.

92 SUMMARY AND RECOMMENDATION

The proposal is for a ‘small shop’ which represents a preferred use in the Local Shopping Centre (LSC) and is fully in accordance with national planning policies in PPS6: Planning for Town Centres. There is no requirement to assess the impact of the proposals on vitality and viability or competition within the LSC and the occupier (Tesco) is not a material planning consideration.

The site is highly accessible and the level of parking provision is considered appropriate for the scale of development. Larger deliveries will require effective management as it is proposed to be carried out from the one-way street in Bedale Road. With appropriate restrictions, adequate residential amenity can be maintained.

Overall, there is no conflict with adopted UDP policies and it is recommended that planning permission is granted subject to conditions.

Case Number 08/03336/FUL

Application Type A Full Planning Application

Proposal Retention of front dormer window to dwellinghouse

Location 35 St Barnabas Road Sheffield S2 4TF

Date Received 19/06/2008

Team SOUTH

Applicant/Agent Strong Student Lets

Recommendation Refuse with Enforcement Action

Subject to:

1 The Local Planning Authority consider that the design of the proposed extension, by reason of its scale, siting, and materials would be out of keeping with the design of the existing dwellinghouse and would be injurious to the character of the property itself and the street scene. It would therefore be contrary to Policy H14 and BE5 of the Unitary Development Plan and Guideline 2 of the Supplementary Planning Guidance on Designing House Extensions.

Attention is drawn to the following directives:

1. The Assistant Chief Executive Legal and Governance has been authorised to take all necessary steps, including enforcement action and the institution of legal proceedings, if necessary, to secure the removal of the front dormer window. The Local Planning Authority will be writing separately on this matter.

94 Site Location

LOCATION AND PROPOSAL

The application relates to a mid terrace dwellinghouse sited on St Barnabas Road.

The street contains several listed buildings to the west however the immediate street scene within which the applicant property is viewed is characterised by terraced dwellinghouses. The area is designated as housing in the adopted Sheffield Unitary Development Plan.

Permission is sought for the retention of the front dormer window which has been constructed without planning permission.

95 RELEVANT PLANNING HISTORY

There is no relevant planning history

SUMMARY OF REPRESENTATIONS

No letters of representation have been received

PLANNING ASSESSMENT

The dormer window is 2.6 metres wide, faced in white upvc cladding and benefits from a pitched roof. The window owing to its scale, siting and detailing is considered to form an overly prominent and obtrusive feature within the street scene.

The dormer window does not respect the existing window hierarchy of the existing dwellinghouse nor does it align centrally with the ground and first floor windows. The scale of the dormer window results in a feature which dominates the entire roof plane. As a result of these factors combined with the materials it is considered that the design of the dormer window is unacceptable and contrary to Policies H14 and BE5 of the Unitary Development Plan and Guideline 2 of Supplementary Planning Guidance on Designing House Extensions.

There are several other large dormers within the street scene, however a search has revealed no recent planning history associated with these. Nevertheless it is suggested that these dormers appear to have been constructed some time ago and they do not set a precedent for the development under consideration in this application.

It is suggested that any planning permission which is now granted for a front dormer window would set a precedent for future development within the street scene. The dormer proposed through this application would not be an appropriate precedent to set and therefore should be refused.

ENFORCEMENT

As the dormer window has already been constructed members are requested to authorise the Assistant Chief Executive of Legal and Governance to take any necessary steps, including enforcement action and the institution of legal proceedings, to secure the removal of the front dormer window at 35 St. Barnabas Road

SUMMARY AND RECOMMENDATION

The dormer window is excessively large, is constructed from unsympathetic materials, does not respect the existing window hierarchy and does not align centrally with the ground and first floor windows. As such it is considered that the dormer forms a prominent feature which dominates the roof plane and detracts from the character of the dwellinghouse and street scene. Furthermore, the dormer would set an unwelcome precedent within the area.

The dormer is contrary to Policies H14 and BE5 of the Unitary Development Plan and Guideline 2 of the Supplementary Planning Guidance on Designing House Extensions and thus is recommended for refusal.

Members are requested to authorise the Assistant Chief Executive of Legal and Governance to take any necessary steps, including enforcement action and the institution of legal proceedings, to secure the removal of the front dormer window at 35 St. Barnabas Road.

Case Number 08/03592/OUT

Application Type Outline Planning Application

Proposal Residential Development comprising 14 dwellings

Location Lynthorpe House 86 Charlotte Road Sheffield S1 4TL

Date Received 02/07/2008

Team SOUTH

Applicant/Agent Mr M Beech

Recommendation Refuse

For the following reason(s):

1 The site lies within an area vulnerable to flood risk and has not satisfied the requirements of a sequential risk-based approach to the selection of the site for the proposed development. The proposed development is therefore contrary to guidance in PPS25: Development and Flood Risk.

98 Site Location

LOCATION AND PROPOSAL

The site is currently occupied by offices in a Victorian 2 storey building with later single storey and 2 storey extensions. The site is bounded by the rear gardens of traditional 2 storey terraced housing in Charlotte Road, John Street and Clough Road and a small landscaped public open space in Baron Street. Traditional housing lies directly opposite the open space. The sole means of vehicular/pedestrian access to the site is taken between dwellings from Charlotte Road.

The bulk of the building forms the rear boundary of gardens to dwellings in John Street. The remainder of the site is hard surfaced and used for car parking. There is an approximately 2 metres high brick wall to the boundary with the open space

99 and evidence that there was originally a vehicular access into the site from Baron Street.

The application is for the clearance of the existing buildings and the erection of an ‘L’ shaped building running along the boundaries with the John Street dwellings and the open space. The indicative proposals are for 12 dwellinghouses and 2 flats. The proposals indicate 3 storeys to the elevation with Baron Street, reducing to 2 storeys at each end. The elevation to John Street is 2 storeys. The applicant has agreed to reduce the end unit to single storey if required to protect residential amenity to the nearest dwelling in Charlotte Road.

Parking is proposed to be restricted to provision for people with disabilities and cycles only with access as existing. A footpath link is proposed from the open space in Baron Street.

The applicant is seeking approval of the means of access, site layout and scale of buildings at this stage with the appearance of buildings and landscaping of the site being reserved for subsequent approval.

RELEVANT PLANNING HISTORY

An outline application for 24 flats was withdrawn in November 2007 following an objection from the Environment Agency on flood risk grounds (ref. 07/01867/OUT).

SUMMARY OF REPRESENTATIONS

Letters of notification about the application were sent to 68 near neighbours and the application has been advertised as a Major Development.

5 letters of representation have been received from local residents. Most acknowledge the reduction in units since the previous application but raise the following concerns:

- too dense development for small site - only 3 parking spaces – will be increase in traffic and competition for on street parking which is already limited for number of houses in the area - loss of privacy/overlooking of dwellings in Charlotte Road, John Street and Clough Road - loss of light due to overshadowing of south facing gardens in Charlotte Road - increased height (compared to existing) and extent of new building parallel to John Street will increase overlooking - introduction of building mass in area currently used as car park will lead to unacceptable loss of privacy - additional disturbance due to number of residents, particularly at night - light pollution at night - concern regarding impact on garden structures attached to wall of existing building (John Street) - opening up of site will decrease security to rear of existing dwellings

100 - no need for more apartments – already more than enough in nearby City Centre - proposals do not take account for need for more open space in densely populated area - new student properties in area is making terraced housing available for families and is beginning to strengthen the host community – many surrounding properties let to students and owners may not be aware of proposals.

Councillor Jillian Creasy has made the following representations:

- new rear wall to yards in John Street considered acceptable if no windows and no increase in height but the yards need to be protected during demolition/construction - concern about overdevelopment of site and potential for increased activity – particularly increased use of Charlotte Road entrance. Suggests maximum 8-10 units. - not enough car parking spaces – queries capacity of area for parking and provision of permits - acknowledges need for access from open space and no objection provided path is located to one end rather than across middle. Prefer to prevent direct access to individual dwellings which is likely to result in ‘desire lines’ that would alter character of open space – prefer individual accesses to be from courtyard only – need to ensure that there is clear definition between public and private spaces

PLANNING ASSESSMENT

Policy

The site lies within a Housing Area as designated in the adopted Unitary Development Plan (UDP). The most relevant UDP policies are:

H7 (Mobility Housing) H10 (Development in Housing Areas) H14 (Conditions on Development in Housing Areas) H15 (Design of New Housing Developments) H16 (Open Space in New Housing Developments) BE5 (Building Design and Siting)

National planning guidance in PPS3: Housing and PPS25: Development and Flood Risk is also relevant.

Principle, Density and Mix

The proposals represent a ‘preferred’ use (Housing – Class C3) in accordance with Unitary Development Plan Policy H10. The current use (Class B1) is an ‘acceptable’ use in terms of H10.

101 PPS3 requires local authorities to develop housing density policies having regard to policies included in the Regional Spatial Strategy (RSS). The Unitary Development Plan does not specify housing densities and no weight can be attached to densities specified in the emerging Local Development Framework (LDF) at the present time.

The proposals represent a density of approximately 170 units per hectare and so represent a very efficient use of a brownfield site, well in excess of the minimum 30 units/ha specified in PPS3. Greater densities can be expected at sites that are within or near District Shopping Centres (DSCs) and/or are well served by public transport. The application site is within easy walking distance of public transport routes and the City Centre. The traditional housing in the area is typically around 145 units per hectare. The higher density is achieved by the provision of a communal garden area rather than providing individual garden areas. The footprint of individual plots is comparable to the surrounding dwellings and, on this basis, the density is considered acceptable in principle, subject to meeting the criteria of the relevant Unitary Development Plan and national policies.

The proposals indicate a mix of 1, 2 and 3 bed dwellings, although the internal layouts shown are not for approval at this stage. Such a mix of units is likely to attract a mix of tenure which is consistent with the key planning objective of creating and maintaining sustainable mixed communities as set out in PPS3.

Sustainability

The proposed development is high density in a highly accessible location on a brownfield site. The principle is therefore sustainable.

The development would be more sustainable if the existing buildings were to be reused. However, the submitted Sustainability Statement notes that the existing building is outdated, uneconomic and environmentally unsound and indicates a commitment to achieving an energy efficient scheme, including renewable energy and green roof technologies. The design of the building(s) will be a matter for any subsequent application for approval of reserved matters but a condition to secure sustainable measures can be imposed if planning permission is granted.

Flood Risk

The Council’s recently approved Strategic Flood Risk Assessment (SFRA) identifies the site as being within Flood Zone 3a i.e. the site is in an area of ‘high probability’ (1 in 100 annual probability) of river flooding. Guidance in PPS25 requires a sequential test to site selection to be passed for this type of development in Zones 3 and 2. The overall aim is to steer development towards Flood Zone 1 (less than 1 in 1000 annual probability). The sequential test must demonstrate that the development cannot reasonably be located in Flood Zone 1 before considering proposals for development in Zones 2 and 3.

If a sequential test is passed, housing development in Zone 3a must also pass an ‘exception test’ which must demonstrate that the development will provide wider sustainability benefits to the community that outweighs flood risk. It must also

102 locate development, where possible, on brownfield land and there must be no increase in flood risk elsewhere. There is no requirement for this proposal to pass an exception test if the site is proven to be in Zone 2.

The applicant carried out a Flood Risk Assessment as part of the original application for 24 flats (07/01867/OUT). The Environment Agency’s (EA) objection to that application was subsequently withdrawn on the basis of more recent flood risk modelling which reduced the flood risk for the site. Such modelling was part of works commissioned by the Council and/or its partners and was prior to the completion of the SFRA. The SFRA concludes that the site lies within Zone 3a when incorporating the impacts of climate change.

The Environment Agency have indicated during the latter stages of assessment of this application that, on the basis of the recent modelling referred to earlier, the site can now be considered to be in Zone 2. Written confirmation is expected in advance of the Board meeting. The EA’s previous objection to the current application on the basis of no evidence of passing a sequential test remains.

The applicant has submitted a sequential test but it does not show that there are no sites of similar size available within areas less vulnerable to flooding. The Council’s recently published Strategic Housing Land Availability Assessment indicates that there is no shortage of housing sites and no strategic need for housing in this location in order to meet the relevant targets for housing supply.

The EA have also objected on the grounds of insufficient information about emergency access in the event of flooding and the need to provide a safe route. The need for provision would be dependent on the likely velocity of water. Such details could be conditioned and could result in raised levels of parts of the pedestrian route by up to 250mm.

The applicant points out that the site as no known history of flooding and did not suffer from flooding in the June 2007 Flood. He also makes the case that the site is in a highly sustainable location. Whilst there is some sympathy with the applicant regarding these undisputed facts, and it is acknowledged that the site is virtually surrounded by housing which is believed not to have been affected in June last year, there is an obligation on the decision-makers to have regard to guidance in PPS25. The flood zone designation and the failure of the scheme to provide evidence that would lead to satisfying a sequential test have to be the overriding considerations in determining this application and PPS25 advises that planning permission should not be granted.

Notwithstanding the above, the scheme offers satisfactory mitigation against flood risk although some attention to the escape route may be required. Officers have discussed this matter at length with the Environment Agency, who are not able to withdraw their objection and therefore if Members are minded to grant planning permission, it should be noted that the Town and Country Planning (Flooding) (England) Direction 2007 requires the Local Planning Authority to refer the application to the Secretary of State for consideration.

103 Scale of Development

The site is constrained by the proximity of the rear of dwellinghouses surrounding the site on 3 sides. The scale of the ‘L’ shaped building has been reduced during pre-application negotiations. This results in a 3 storey element facing the Open Space with reduction to 2 storeys at either end and a 2 storey building at the rear of John Street.

The scale of development is consistent with development in the area and is considered appropriate for the site.

Residential Amenity

The applicant has agreed to reduce the end unit to a single storey to minimise the impact of the end elevation on the dwellings in Charlotte Road, although the plans have not been amended to reflect this. There is currently a single storey building in this area. With these changes in place, there will be no overall increase in height at the boundary with the Charlotte Road dwellings and the majority of the John Street dwellings. The exception is an increase of up to 1.4m which affects two existing dwellings. This is countered by a reduction of up to 2.6m which affects 3 dwellings.

The proposals bring development to within 14m of the main windows of the rear elevations of dwellings in Clough Road. These dwellings currently adjoin the car park to the site and are to the north of the site. Some loss of sunlight is inevitable. The minimum separation guideline is 12m. The proposals comfortably exceed this and the maximum height of the end unit is relatively low, being no greater than 6.2m. Windows are indicated to overlook the courtyard and open space, respectively.

Overall, the impact on residential amenity is considered, on balance, to be acceptable in accordance with UDP Policy H14.

There are no constraints that would prevent the provision of mobility housing in accordance with UDP Policy H7.

The external amenity space is proposed to be provided communally, which is unconventional in terms of provision for dwellinghouses. However, the details of the proposed residential development are reserved for subsequent approval and, whilst the indicative plans show 12 houses and 2 flats, 14 dwellings could easily be provided within the scale of building proposed. The house units will be relatively small, providing space standards commensurate with some apartments schemes, and a communal garden would be a lifestyle choice for future occupiers. The garden space indicated is approximately 125m2 which is acceptable to serve 14 units in accordance with Policy H15.

Open Space

The integrity of the adjoining area of open space can be protected. Some replanting is expected to be required although the most mature trees are not

104 affected. The footpath link has been positioned having regard to the function of the open space and physical definition of the boundary between the open space and the dwellings will eliminate any notion that the open space is solely to serve the dwellings.

A contribution towards the provision/enhancement of local recreation facilities will be required in accordance with Policy H16. On the basis of the indicative plans, the contribution will be £17,850.

Highway Matters

The site is in an accessible location and within easy walking distance of the City Centre. The existing access is substandard with no potential for widening and any new access from Baron Street would seriously undermine the value of the open space. The proposals indicate parking provision solely for people with disabilities (3 spaces), together with provision for cycles.

The development can be expected to lead to additional demand for on street parking in an area where demand is already high. However, there are parking controls in the surrounding streets and a resident’s parking scheme is proposed in the near future. Given the accessible location, the reduced level of parking is considered acceptable in this instance. It will also reduce the potential for disturbance to the rear of the existing dwellings. On street parking permits can be refused to ensure that the development is essentially car free and that demand is managed accordingly.

SUMMARY AND RECOMMENDATION

The site lies within a designated Housing Area. The outline proposals indicate that a development of the scale and nature proposed can be satisfactorily accommodated without significant harm to existing residents or the adjoining area of public open space and the density of development is appropriate to the location. Car parking is restricted to disabled spaces which is considered acceptable due to existing and forthcoming parking controls and the accessible location.

The site lies within Flood Zone 3a as identified in the Council’s Strategic Flood Risk Assessment which is an area at relatively high risk of flooding. Confirmation that the site is within Zone 2 (lesser risk area) is expected from the Environment Agency prior to the Board meeting. Whilst flood risk can be adequately mitigated against, the proposals have failed to comply with a sequential approach to site selection for housing which seeks to direct such development towards Flood Zone 1. In the circumstances, the proposals are contrary to guidance in PPS25: Development and Flood Risk and there is no alternative but to recommend that planning permission is refused.

105

Case Number 08/03707/OUT

Application Type Outline Planning Application

Proposal Erection of two dwellinghouses

Location Lodge Farm Mawfa Crescent Sheffield S14 1AS

Date Received 21/07/2008

Team SOUTH

Applicant/Agent Guy St John Taylor Associates Architects

Recommendation Grant Conditionally

Subject to:

1 The development shall not be commenced unless and until full particulars and plans thereof shall have been submitted to the Local Planning Authority and planning approval in respect thereof including details of (a) landscaping (matters reserved by this permission) shall have been obtained from the Local Planning Authority. Such plans shall include details of permeable surfacing to all vehicular areas.

Until full particulars and plans of the development (including details of the matters hereby reserved) are submitted to and approved by the Local Planning Authority they cannot agree to the development proceeding.

2 Application for approval in respect of any matter reserved by this permission must be made not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

3 The development shall be begun not later than the expiration of two years from the final approval of the reserved matters.

In order to comply with the requirements of the Town and Country Planning Act.

106 4 Before the development is commenced, details of the proposed treatment of the existing stone wall around the boundary of the proposed car parking spaces to serve the existing dwelling shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details and the said wall shall be retained.

In order to ensure an appropriate quality of development.

5 Unless otherwise indicated on the approved plans no tree, shrub or hedge shall be removed or pruned without the prior written approval of the Local Planning Authority.

In the interests of the amenities of the locality.

6 Before any work on site is commenced, measures to protect the existing trees, shrubs and hedges to be retained shall be provided, in accordance with details which shall be submitted to and approved by the Local Planning Authority. These measures shall include a construction methodology statement and plan showing accurate root protection areas and the location and details of protective fencing and signs. Protection of trees shall be in accordance with BS 5837, 2005 (its replacement) and the protected areas shall not be disturbed, compacted or used for any type of storage or fire, nor shall the retained trees, shrubs or hedge be damaged in any way. The Local Planning Authority shall be notified in writing when the protection measures are in place and the protection shall not be removed until the completion of the development unless otherwise agreed in writing.

In the interests of the amenities of the locality.

7 All areas of external masonry shall be in natural stone and roofs shall be in natural slate, samples of which shall be submitted to and approved in writing by the Local Planning Authority before the commencement of the development. Thereafter the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

8 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (and any order revoking and re- enacting the order) no windows or other openings shall be formed in the end elevation of the building hereby permitted without the prior written consent of the Local Planning Authority.

In the interests of the amenities of occupiers of adjoining property.

107 Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas H15 - Design of New Housing Developments BE5 - Building Design and Siting

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

1. The applicant is advised that noise and vibration from demolition and construction sites can be controlled by Sheffield City Council under Section 60 of the Control of Pollution Act 1974. As a general rule, where residential occupiers are likely to be affected, it is expected that noisy works of demolition and construction will be carried out during normal working hours, i.e. 0800 to 1800 hours Monday to Friday, and 0800 to 1300 hours on Saturdays with no working on Sundays or Public Holidays. Further advice, including a copy of the Council's Code of Practice for Minimising Nuisance from Construction and Demolition Sites is available from the Environmental Protection Service, 2-10 Carbrook Hall Road, Sheffield, S9 2DB: Tel - 0114 2734651.

2. The proposed development lies within a coal mining area. In the circumstances applicants should take account of any coal mining related hazards to stability in their proposals. Developers must also seek permission from the Coal Authority before undertaking any operations that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information on any past, current and proposed surface and underground coal mining activity to affect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk.

3. Section 80 (2) of the Building Act 1984 requires that any person carrying out demolition work shall notify the local authority of their intention to do so. This applies if any building or structure is to be demolished in part or whole. (There are some exceptions to this including an internal part of an occupied building, a building with a cubic content of not more than 1750 cubic feet or where a greenhouse, conservatory, shed or pre-fabricated garage forms part of a larger building). Where demolition is proposed in City Centre and /or sensitive areas close to busy pedestrian routes, particular attention is drawn to the need to consult with Environmental Protection Services to

108 agree suitable noise (including appropriate working hours) and dust suppression measures.

Form Dem 1 (Notice of Intention to Demolish) is available from Building Standards, DEL, Barkers Pool House, Burgess Street, Sheffield S1 2HF. Tel (0114) 2734170

Environmental Protection Services can be contacted at DEL, 2-10 Carbrook Hall Road, Sheffield, S9 2DB. Tel (0114) 2734651

4. From the 6th April 2008, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 2008 require that all requests for confirmation of compliance with planning conditions require a fee payable to the Local Planning Authority. An application to the Local Planning Authority will be required using the new national standard application forms. Printable forms can be found at www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

5. The Council is responsible for allocating house numbers and road names to both new developments and conversions of existing buildings. Developers must therefore contact the Council’s Street Naming and Numbering Officer on (0114) 2736127 to obtain official addresses for their properties as soon as construction works commence.

109 Site Location

LOCATION AND PROPOSAL

The site is a two storey stone built old farmhouse with attached outbuildings to one side and to the rear on a large site. It is surrounded by two storey c1960 terraced dwellings in relatively small plots on all sides. The site has large garden areas on 3 sides and there is informal parking for at least 4 vehicles directly in front of the outbuildings. The car parking area is separated from the garden immediately in front of the farmhouse by a stone wall. The farmhouse is in good condition but the outbuildings are in very poor condition.

The site is accessed from the end of the highway in Mawfa Crescent and is not particularly prominent in the street scene.

110 The application is for the demolition of the outbuildings and their replacement with 2 x 2 storey dwellings which will be attached to the farmhouse. The dwellings are in a similar style to the farmhouse, being double-fronted with regular openings and a pitched roof with gable end. Part of the stone wall is proposed to be removed to create 2 car parking spaces within the existing front garden area. 4 spaces are indicated in front of the new dwellings.

The application is in outline. However, with the exception of the landscaping proposals, all details are submitted for approval.

RELEVANT PLANNING HISTORY

Planning permission was granted in May 2007 for the conversion and minor extension of the outbuildings to form a 2 bedroom dwelling (ref.07/01412/FUL). This application included removal of a section of the garden wall to provide parking within the existing front garden area and extension of the surfaced area up to the eastern boundary to provide parking for the new dwelling.

SUMMARY OF REPRESENTATIONS

1 verbal representation has been received from a neighbour in Mawfa Crescent. Verbal representations are not normally accepted but it was considered appropriate in this instance, due to the circumstances of the neighbour. The neighbour is concerned about increased noise and disturbance from additional vehicles and visitors to the site.

PLANNING ASSESSMENT

Policy

The site lies within a Housing Area as defined in the adopted Unitary Development Plan (UDP). The UDP Policies most relevant to the consideration of this application are:

H10 (Development in Housing Areas) H14 (Conditions on Development in Housing Areas) H15 (Design of New Housing Developments) BE5 (Building Design and Siting)

National planning guidance in PPS3: Housing is also relevant.

Principle and Density

The proposals represent a ‘preferred’ use (Housing – Class C3) in accordance with UDP Policy H10. The principle of additional housing on this site has been accepted in the previous granting of planning permission for an additional unit (ref. 07/01412/FUL).

PPS3 requires local authorities to develop housing density policies having regard to policies included in the Regional Spatial Strategy (RSS). The UDP does not

111 specify housing densities and no weight can be attached to densities specified in the emerging Local Development Framework (LDF) at the present time.

The existing single dwelling represents a density of approximately 9.1 units per hectare. The proposals represent a density of approximately 27.3 units per hectare, which is below the minimum 30 units/ha specified in PPS3 but is higher than the previously approved scheme (18.2/ha) and is justified when considering the constraints due to the position of the existing building. The density is therefore considered acceptable in principle, subject to meeting the criteria of the relevant UDP policies.

Design

Pre-application advice was sought in respect of the proposals and the submitted plans reflect the advice given. The proposals reflect the design of the original building, being double-fronted with regular openings to the front elevations. They will be built in natural stone and slate with materials being reclaimed from the existing outbuildings as far as possible.

The dwellings will be set back 1m from the front elevation of the farmhouse and will follow the line of the rear elevation. They will extend approximately 750mm beyond the front elevation of the outbuildings and 3.6m beyond the end elevation of the end outbuilding. The ridge height will be 800mm below the ridge of the farmhouse. The design approach will ensure that the new dwellings appear subservient to the original farmhouse.

In view of the above, the proposals are considered acceptable and in accordance with UDP Policies BE5 and H14(a).

Sustainability

The site is reasonably accessible, being within the urban area and within walking distance of public transport routes. The development represents a reasonably efficient use of land. Materials from the outbuildings are to be re-used as far as possible in the new development. There is no consideration of energy efficiency or renewable technologies within the submission. The originally indicated tarmac vehicular areas has been amended to permeable surfacing which will be more in keeping with the period and function of the original building and will prevent increased surface water run-off. Details can be conditioned. Residential Amenity

There will be approximately 23m between the rear elevation of the dwellings and the rear elevations of existing dwellings in Mawfa Avenue. This exceeds minimum guidelines. There is mature screen planting to all boundaries with adjoining property and no other properties are affected by privacy issues. The end elevation has an overall height of 6.5m (excluding chimney). It will be a minimum of 12m from the rear elevations of the dwellings in Mawfa Drive at the nearest point and angles away slightly from the rear line of those dwellings. This relationship is tight but meets minimum guidelines and is therefore acceptable.

112 The existing and proposed dwellings will have private garden areas of minimum 12m in length and 140m2 in area which will provide high quality private amenity spaces.

Overall, adequate residential amenity can be provided/maintained and the proposals comply with Policies H14 and H15.

Highway Matters

There is currently informal parking for approximately 4 cars to serve the existing dwelling. The proposals indicate 2 open car parking spaces to serve each of the existing and proposed dwellings. This level of provision is considered appropriate and on-site turning will be available to prevent excessive reversing manoeuvres along Mawfa Crescent. Proposed widening of the existing means of vehicular access is to be restricted to 5m rather than the 7m previously proposed. This will result in negligible alterations to the existing access and allows the stone boundary wall to remain intact.

In view of the above, the proposals comply with Policy H14(d).

SUMMARY AND RECOMMENDATION

The proposed development represents a reasonably efficient use of brownfield land. The design of the two dwellings is sympathetic to the scale and character of the existing farmhouse building and the proposals will provide good quality accommodation for future occupiers. Adequate residential amenity can be provided and maintained and adequate provision is made for vehicles.

Overall, the proposals comply with relevant UDP policies and it is recommended that planning permission is granted subject to conditions.

113

Case Number 08/03734/FUL

Application Type A Full Planning Application

Proposal Erection of two dwellinghouses (As amended by plans received 17/09/2008)

Location Land Between 109 And 165 Shirebrook Road Sheffield

Date Received 21/07/2008

Team SOUTH

Applicant/Agent Robin Ashley Architects LLP

Recommendation Grant Conditionally

Subject to:

1 The development shall be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 Before the development is commenced the following samples shall have been submitted to and approved in writing by the Local Planning Authority:

i) proposed facing materials ii) proposed roofing materials

Thereafter, the development shall be carried out using the approved materials.

In order to ensure an appropriate quality of development.

3 Before the development is commenced changes to the internal layout of the upper ground floor of No.109 Shirebrook Road as detailed in drawing 06- 002-603 shall have been implemented.

In the interests of the amenity of the occupants of No.109 Shirebrook Road.

114 4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (and any order revoking and re- enacting the order) no further windows or other openings shall be formed in the development hereby permitted without the prior written permission of the Local Planning Authority.

To safeguard the privacy and amenity of occupiers of proposed and neighbouring properties.

5 Before any work on site is commenced, a comprehensive and detailed hard and soft landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The landscape works shall be implemented prior to the development being brought into use or within an alternative timescale to be first agreed in writing with the Local Planning Authority. Thereafter the landscaped areas shall be retained and they shall be cultivated and maintained for a period of 5 years from the date of implementation and any plant failures within that five year period shall be replaced unless otherwise agreed by the Local Planning Authority.

In the interests of the amenities of the locality.

6 The soft landscaped areas shall be managed and maintained for a period of 5 years from the date of implementation and any plant failures within that period shall be replaced to the satisfaction of the Local Planning Authority.

In the interests of the amenities of the locality.

7 The proposed green roof (vegetated roof system) shall be provided on the roofs in accordance with locations shown on the approved plans. Details of the specification and maintenance regime shall be submitted to and approved by the Local Planning Authority prior to works commencing on site. The green roof shall be provided prior to the use of the building commencing unless otherwise agreed in writing. The plants shall be maintained for a period of 5 years from the date of implementation and any failures within that period shall be replaced

In the interests of sustainable development.

8 The Local Planning Authority shall be notified upon completion of the green roof.

In the interests of biodiversity.

9 The dwellings shall not be used unless the car parking accommodation for 5 cars as shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

In the interests of traffic safety and the amenities of the locality.

115 10 The development shall not be commenced until details of suitable boundary treatments have been submitted to and approved in writing by the Local Planning Authority. Before the development is occupied such treatments shall have be erected and thereafter retained and maintained.

In the interests of the amenity of neighbouring dwellings and future occupants of the dwellings.

11 Full details of any proposed external lighting, including details of intensity, direction, siting and hours of operation, shall have been submitted to and approved in writing by the Local Planning Authority prior to installation and the Local Planning Authority reserve the right to require modification at any time.

In the interests of the amenities of the locality.

12 The development shall not be commenced until details of suitable screens to balconies on the south elevations of the building have been submitted to, and approved in writing by, the Local Planning Authority. Before the development is occupied such screens shall have be erected and thereafter retained and maintained.

In the interests of the amenities of occupiers of adjoining property.

13 The windows in the west elevation of the building shall be glazed with obscure glass to a minimum privacy standard of Level 4 Obscurity and shall not at any time be glazed with clear glass without the prior written agreement of the Local Planning Authority.

In the interests of the amenities of occupiers of adjoining property.

14 Surface water and foul drainage shall drain to separate systems.

To ensure satisfactory drainage arrangements.

15 No piped discharge of surface water from the application site shall take place until surface water drainage works including off-site works have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

16 Unless otherwise approved by the Local Planning Authority there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works.

To ensure that no surface water discharges take place until proper provision has been made for its disposal.

116 Attention is drawn to the following justifications:

BE5 - Building Design and Siting BE6 - Landscape Design H5 - Flats, Bed-sitters and Shared Housing H16 - Open Space in New Housing Developments LR4 - Open Space LR5 -Development in Open Space Areas

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

117 Site Location

LOCATION AND PROPOSAL

The application relates to a site that currently forms parts of rear/side gardens of two dwellings on Shirebrook Road. It lies in a Housing Area as defined in the Sheffield Unitary Development Plan.

The street scene in the locality is somewhat mixed. On the south side of Shirebrook Road there are a variety of dwelling types including terraces and semi- detached houses all of which vary in architectural style.

The north side of Shirebrook Road also features this variety though here there are also detached properties. Once again there is little in the way of a dominant form or architectural style.

118 The site itself slopes steeply uphill from Shirebrook Road such that the northernmost extent of the site is elevated approximately 10 metres above the highway. This fall in natural ground level continues on the south side of Shirebrook Road so that dwellings on the north side of the road are elevated approximately a storey higher than those on the south side.

Natural ground level also rises from west to east such that there is a level difference amounting to approximately one domestic storey between Nos.109 and 165 Shirebrook Road.

The application proposes the erection of a pair of timber framed semi-detached dwellings, three storeys in height (with additional accommodation in the roof space) on front elevation and two on the rear, once again with accommodation in the roof space. These would be of contemporary appearance and the plans indicate a significant commitment to a sustainable design ethos.

The front elevations exhibit a contemporary ‘take’ on traditional Victorian semi- detached properties to the east on Shirebrook Road (Nos. 167/169). They feature a mono-pitched roof with ‘ridge’ running parallel to the street and gables either side of the party wall. Beyond the ‘ridge’ the properties would have a sedum green roof on a horizontal roof plane.

The front elevations feature significant amounts of fenestration and external balcony spaces at both upper ground and first floor level. The lower of these two external amenity spaces features a railing balustrade, the upper a form of translucent screen to be agreed by condition.

Principal facing materials consist of red cedar boarding, render panels and leaded detailing.

The pitched element of the roof is to be tiled in artificial slates formed from a composite that includes re-cycled car tyres. This south facing element also features multiple solar water heating collector panels.

The rear elevation is of more contemporary appearance with limited fenestration set in a predominantly red cedar facing.

Internal insulation to both roof and walls would be delivered through the use of recycled newspaper.

The west elevation of the property would feature a green wall.

Provision for two car parking spaces per dwelling would be accessed from Shirebrook Road. An additional space would be provided to serve the existing No. 109. All spaces would be constructed in water permeable, reinforced grass.

RELEVANT PLANNING HISTORY

There is no significant planning history on the site

119 SUMMARY OF REPRESENTATIONS

Representations have been received from nine local residents. These include one letter of objection and eight letters of support two of which are from occupants of No.109 Shirebrook Road.

The objection states that the proposal would cause overlooking to neighbouring residential property (16A Shirebrook Road, opposite the site) and would result in the loss of green space.

Matters raised that are not material considerations:

- Noise and pollution during construction - Loss of view

Letters of support identify:

- The proposal would involve the use of an area of land which serves little purpose at present - Would result in the provision of family houses which is welcomed in the locality - Involves innovative qualities that contribute to sustainability aims. - Is of appropriate scale and quality design.

PLANNING ASSESSMENT

Policy Issues

Planning Policy Statement Note 3 ‘Housing’

PPS3 seeks to encourage new house building on previously developed land, to increase the density of new housing development with the objective of minimising land-take and also in order to support a higher level of local services.

Unitary Development Plan

The site lies within a Housing Policy Area, and as such the proposal should be assessed with regard to Policies:

H10 ‘Development in Housing Areas’ H14 ‘Conditions on development in Housing Areas’ H15 ‘Design of New Housing Developments’ H16 ‘Open Space in New Housing Developments’ BE5 ‘Building Design and Siting’ BE6 ‘Landscape design’

The site lies within a Housing Area and housing is the preferred use as defined in Policy H10 ‘Development in Housing Areas’. The principle of residential development on this site is therefore established.

120 Policy H14 ‘Conditions on development in Housing Areas’ states:

In Housing Areas, new development or change of use will be permitted provided that: a. new buildings and extensions are well designed and would be in scale and character with neighbouring buildings; and c. the site would not be over-developed or deprive residents of light, privacy or security, or cause serious loss of existing garden space which would harm the character of the neighbourhood; and d. it would provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians

Policy H15 “Design of New Housing Developments” states that:

The design of new housing development and residential institutions will be expected to:- provide adequate private gardens or communal open space to ensure that basic standards of daylight, privacy and security and outlook are met for all residents;

Policy H16 ‘Open Space in New Housing Developments’ requires on-site open space provision or a financial sum to improve off-site provision.

Policy BE5 ‘Building Design and Siting’ states that:

Good design and the use of good quality materials will be expected in all new and refurbished buildings and extensions. The following principles will apply:

Physical Design a. original architecture will be encouraged but new buildings should complement the scale, form and architectural style of surrounding buildings. b. in new developments comprising more than one building there should be a comprehensive and co-ordinated approach to the overall design; d. in all new developments, design should be on a human scale wherever possible, and, particularly in large-scale developments, the materials should be varied and the overall mass of buildings broken down; f. designs should take full advantage of the site's natural and built features;

Policy BE6 ‘Landscape design’ states that :

Good quality landscape design will be expected in new developments and refurbishment schemes. Applications for planning permission for such schemes should, where appropriate, include a suitable landscape scheme which:

- integrates existing landscape features into the development, including mature trees, hedges and water features

121 Design Issues

Street scene context

The street scene of Shirebrook Road does not currently include dwellings in this form. However, there are a wide variety of dwelling types present and as such there is no significant rhythm or homogenous design format in the locality of the site. This being the case it is not considered unacceptable to introduce another form of dwellinghouse into the street scene.

Scale, massing, materials and detailing

The proposal has undergone some amendment from original submission and this has reduced the ridge height to a level whereby the general graduated rise in ridge levels commensurate with rising ground levels along Shirebrook Road has been maintained

Although the development fills a significant proportion of the width of the site there remains an acceptable separation to neighbouring properties in keeping with the general character of the locality.

The detailing of the front and side elevations themselves is considered acceptable. The presence of the significant frontage parking is not ideal but the provision of two off-street car parking spaces is to be welcomed in this location and the spaces are softened by the presence of the boundary pergola and associated planting.

It is not considered that their presence in the street scene is sufficiently detrimental so as to warrant a refusal particularly in the light of advice given in PPS3 which indicates that Local Planning Authorities should seek to increase the density of new housing development.

The facing and detailing materials are considered appropriate and consistent with the overall design.

The use of recycled materials within the overall design ethos is welcomed.

The scale and form of the development is therefore considered acceptable and in compliance with Policy BE5 and H14.

Amenity of future occupants.

All houses are considered to offer an acceptable level of internal living space with good natural lighting and outlook.

It is considered that the proposal provides a good balance between building footprint, car parking and external amenity space. The introduction of the proposed landscape scheme should maximise the usability of the steeply sloping rear amenity space rendering this aspect of the scheme acceptable.

122 On a site with this degree of slope to the rear there will undoubtedly be some degree of inter-overlooking between, and from, the rear garden areas. This is not unusual for a city with Sheffield’s topography and it is not considered an adequate reason to refuse the scheme. Provision of screening, planting and appropriate location and scale of rear elevation fenestration should reduce such overlooking to tolerable levels.

Amenity of neighbouring dwellings

Overlooking issues

Supplementary Planning Guidance provides an indication of appropriate separation distances that should be sought between buildings and main aspect windows therein.

Supplementary Guidance Guideline 5 indicates that 2-storey structures should not be placed nearer than 12 metres to main aspect ground floor windows in neighbouring dwellings.

Supplementary Guidance Guideline 6 indicates that primary aspect windows of dwellings should be separated by a distance of 21 metres.

The nearest dwellings to the proposal are the existing dwellings flanking the proposal. No. 165 Shirebrook Road has no significant fenestration in its west elevation and as such will be unaffected by the proposal. No. 109 Shirebrook Road (the Applicants property) has a kitchen window in its side elevation facing the side gable of the new proposal and this window is currently the only source of light to this room and as such this represents a cause for concern. However, the Applicant has committed to make changes to the internal spaces of No. 109 Shirebrook Road in order to create a through kitchen/ diner in this property and it is considered that this alleviates problems of lighting to the kitchen space.

The proposed dining room windows in the westernmost semi-detached property do look directly over the boundary with No. 109 Shirebrook Road and although the principle views from these windows would tend to look across the roof of the existing house they would facilitate views of the side access and French windows in the side elevation of 109 Shirebrook Road.

It is therefore considered appropriate to condition these windows as being obscure glazed, as they are only a secondary source of light to that room.

Front elevation windows achieve a separation distance to properties opposite of 24 metres and despite the difference in levels between the proposal and those houses opposite it is felt that this is adequate separation distance particularly since this is across a public highway.

The remaining potential for overlooking from the proposed dwellings that needs to be considered is that afforded by the front elevation balconies.

123 It is considered that the upper ground floor balcony offers no greater overlooking potential than similar balconies on adjacent properties and is therefore acceptable.

The balconies at first floor level provide a space outside bedrooms. They are screened to a degree but once again it is felt that the separation distance to properties opposite across a public highway is sufficient to prevent significant overlooking.

Landscape matters

The scheme does not identify the loss of any trees of public amenity value.

This proposal has been submitted with an outline landscape scheme but it is felt that a more detailed document should be sought by condition.

Subject to this condition the proposal will satisfy Policy BE6.

Highway Issues

Unitary Development Plan guidelines indicate that a development of this type should provide 2 spaces per dwelling and this is achieved.

The accesses onto Shirebrook Road are considered acceptable in highways safety terms. The proposal does involve the introduction of two sections of double dropped kerb separated by only 2.7 metres but this is not considered to be detrimental to pedestrian safety given the small number of vehicles involved.

There is considered to be no reason why the additional traffic associated with 2 extra dwellings should compromise highway safety.

RESPONSE TO REPRESENTATIONS

Matters relating to overlooking have been dealt with in the main body of this report.

The site in its current condition cannot be said to contribute to general visual amenity or make a worthwhile environment for wildlife.

SUMMARY AND RECOMMENDATION

The principle of residential development on the site is considered to be acceptable in policy terms. The proposal is in a sustainable location and is unlikely to have a detrimental impact on the amenities of occupiers of nearby residential property.

The design shows a significant commitment to sustainable design employing numerous innovative features and materials.

It is considered that the site can provide a suitable level of residential amenity for future occupants.

124 The proposed development complies with relevant UDP policies and planning guidance and it is recommended that planning permission is granted subject to conditions.

125

Case Number 08/03755/FUL

Application Type A Full Planning Application

Proposal Demolition of existing building and erection of tyre storage depot, MOT test centre and associated office and reception facilities (In accordance with amended drawings, nos. 2351/10 Rev H, 11 Rev E, 12 Rev G received 08.09.2008)

Location Dexel Tyres 1 - 15 Westbury Street Sheffield S9 3JQ

Date Received 07/07/2008

Team CITY CENTRE AND EAST

Applicant/Agent Barlow Building Design

Recommendation Grant Conditionally

Subject to:

1 The development shall be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

In order to ensure an appropriate quality of development.

3 Notwithstanding the submitted drawings, details of an alternative external finish to the proposed cylinder tyre features shall have been submitted to and approved in writing and thereafter implemented in accordance with such details.

In order to ensure an appropriate quality of development.

126 4 Before the development is commenced samples of the external material proposed for the cylinder tyre features and brick shall have been submitted to and approved in writing by the Local Planning Authority and thereafter the development shall be carried out using the approved materials.

In order to ensure an appropriate quality of development.

5 Before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the predicted carbon emissions from the development will be reduced by 10% through increased energy efficiency measures. The agreed energy efficiency measures shall have been installed before any part of the development is occupied and shall be retained for the lifetime of the development, unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure that new development makes energy savings in the interests of mitigating the effects of climate change.

6 Prior to the use of the development, all works associated with the formal closure of Westbury Street ((including where necessary alterations to waiting restrictions, street lighting, traffic signs, road markings, drainage, any other redundant street furniture) shall have been completed to the satisfaction of the Local Planning Authority.

In the interests of traffic safety and the amenities of the locality.

7 Notwithstanding the submitted plans, before the development is commenced, full details of the vehicular access arrangements, which shall include pedestrian friendly ramped access, materials/specifications, any drainage implication, demarcation of the highway boundary and any barriers/gates, shall have been submitted to and approved in writing by the Local Planning Authority.

In the interests of traffic and pedestrian safety and the amenities of the locality.

8 The development shall not be used unless the car parking accommodation as shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

In the interests of traffic safety and the amenities of the locality.

9 The gradient of shared pedestrian/vehicular access shall not exceed 1:12 unless otherwise agreed in writing by the Local Planning Authority.

In the interests of traffic safety and the amenities of the locality.

127 10 The development shall not be used unless all redundant access have been permanently stopped up and reinstated to footway, and means of vehicular access shall be restricted solely to those access points indicated in the approved plans.

In the interests of traffic safety and the amenities of the locality.

11 At all times that construction works are being carried out equipment shall be provided to the satisfaction of the Local Planning Authority for the effective cleaning of the wheels and bodies of vehicles leaving the site so as to prevent the depositing of mud and waste on the highway but before the development is commenced full details of such equipment shall have been submitted to and approved by the Local Planning Authority. When the above-mentioned equipment has been provided thereafter such equipment shall be used for the sole purpose intended in all instances and be properly maintained.

In the interests of the safety of road users.

12 The development shall not be used unless provision has been made within the site for accommodation of delivery/service vehicles in accordance with the approved plans. Thereafter, all such areas shall be retained free of all obstructions, including the storage, display and depositing of materials, packaging or other objects so that the service yard is fully available for the parking, turning and manoeuvring of delivery/service vehicles.

In the interests of highway safety and the amenities of the locality.

13 Before the development is commenced, full details of suitable and sufficient cycle parking accommodation within the site shall have been submitted to and approved in writing by the Local Planning Authority and the development shall not be used unless such cycle parking has been provided in accordance with the approved plans and, thereafter, such cycle parking accommodation shall be retained.

In the interests of traffic safety and the amenities of the locality.

14 The development shall not be used unless details have been submitted to and approved in writing by the Local Planning Authority, showing how surface water will be prevented from spilling onto the public highway. Once agreed, the measures shall be put into place prior to the use of the development commencing, and shall thereafter be retained.

In the interests of traffic safety and the amenities of the locality.

128 15 The development shall not be begun until details have been submitted to and approved by the Local Planning Authority of arrangements which have been entered into which will secure the reconstruction of the footways adjoining the site before the development is brought into use. The detailed materials specification shall have first been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

16 The servicing of motor vehicles associated with the development shall be carried out within the garage buildings as agreed in writing with the Local Planning Authority. No activity shall be carried out in the open air.

In the interests of the amenities o the locality and future occupiers of residential properties.

17 Before the development is commenced, full details of the proposed hours of opening shall have been submitted to and approved in writing and thereafter such hours of use shall be implemented in accordance with the approved details.

In the interests of the amenities of the locality and future occupiers of residential properties.

18 The surface water discharge from the site is subject to a reduction of at least 30% compared to the existing peak flow and detailed proposals or surface water disposal including calculations to demonstrate the reduction, must be submitted to and approved by the Local Planning Authority prior to the commencement of the building, unless otherwise agreed in writing.

To ensure satisfactory drainage arrangements.

19 All washwaters from the MOT Test Centre shall drain to mains foul drains.

To prevent pollution of the Water Environment.

20 Roof drainage downwater pipes shall at all times be sealed at ground level to prevent the ingress of any contaminated water/run off.

To prevent pollution of the Water Environment.

21 Prior to being discharged into any watercourse, surface water sewer or soakaway system all surface water drainage from parking areas and hardstandings shall be passed through a petrol/oil interceptor designed and constructed in accordance with details to be approved in writing by the Local Planning Authority.

To prevent pollution of the Water Environment.

129 22 Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipe work should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.

To prevent pollution of the Water Environment.

Attention is drawn to the following justifications:

MU7 - Attercliffe Mixed Use Area MU11 - Conditions on Development in Mixed Use Area T28 - Transport Infrastructure and Development The Darnall, Attercliffe & Tinsley Neighbourhood Development Framework

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

1. Any waste that is temporarily stored on site must be stored in a secure way that prevents its escape of site to any receptor (eg watercourse sewer). The site must also be secure to prevent unauthorised entry and fly tipping. Dust and mud must be kept to a minimum and must not be allowed to exit the site. If any waste material is to be imported into the site then that may require an exemption from the Environmental Permitted Regulations 2007 being registered. Further information can be found at ww.environment- agency.gov.uk/waste or from the customer contact centre on 08708 506 506.

2. It is noted that your planning application involves the construction or alteration of an access crossing to a highway maintained at public expense.

This planning permission DOES NOT automatically permit the layout or construction of the access crossing in question, this being a matter which is covered by Section 184 of the Highways Act 1980, and dealt with by:

130 Assistant Head of Highways Development Services Howden House 1 Union Street Sheffield S1 2SH

For access crossing approval you should contact the Highway Development Control Section of Sheffield City Council on Sheffield (0114) 2736136, quoting your planning permission reference number.

You should apply for a consent to: -

Highways Adoption Group Development Services Sheffield City Council Howden House, 1 Union Street Sheffield S1 2SH

For the attention of Mr S Turner Tel: (0114) 27 34383

4. As the proposed development abuts the public highway you are advised to contact the Highways Co-ordination Group on Sheffield 2736677, prior to commencing works. The Co-ordinator will be able to advise you of any pre- commencement condition surveys, permits, permissions or licences you may require in order to carry out your works.

131 Site Location

LOCATION AND PROPOSAL

The application site lies within the Attercliffe Mixed Use Area, as defined in the Unitary Development Plan and relates to the site of Dexel Tyres Co Ltd, which fronts onto Staniforth Road, Westbury Street and Broad Oaks. The Tyre Company has been in existence at these premises since 1962.

The site comprises of a large brick industrial premises, which includes a single- storey flat roof structure with a glazed chamfered frontage at the junction of Staniforth Road and Westbury Street. A two-storey and three-storey, pitched roofed building exists central within the site and a two-storey flat roofed building fronts onto Staniforth, wrapping around to the rear of the site. A further 2 buildings did exist within the site, but have been lost due to a fire in March 2007.

132 The site is bounded by industrial units to the east, the Council’s Transport Depot and commercial premises to the north, area of open space to the west and Woodbourn Road Athletics Centre to the south and west.

The proposal involves the demolition of all buildings within the site and the erection of new premises comprising tyre storage depot, MOT Test Centre, including new exhaust and tyre fitting bays, reception area and ancillary offices.

RELEVANT PLANNING HISTORY

The Planning History is extensive but the most recent would be the following:-

07/02392/FUL – Erection of tyre depot and MOT testing facility – Withdrawn – 21st August 2007.

97/00928/FUL – Erection of a single-storey industrial building – Granted Conditionally – 3rd September 1997.

91/01128/FUL – Alterations to elevation – Granted Conditionally – 31st May 1991.

90/02345/FUL – Siting of 2 containers and a portable building for the purpose of wholesaling batteries and erection of boundary wall – Grant Part Refuse Part – 19th September 1990.

88/01839/FUL – Erection of battery store and sales unit with ancillary offices, canteen, wc’s and car parking – Granted Conditionally – 17th August 1998.

SUMMARY OF REPRESENTATIONS

No letters of representation have been received in respect of this application.

The application has been advertised 1ST August 2008 and site notices were displayed 30th July 2008.

PLANNING ASSESSMENT

Policy

The site lies within the Attercliffe Mixed Use Area, as defined in the Unitary Development and as the proposal involves the erection of new premises, Policies MU7 and MU11 would apply.

Policy MU7 allows for a variety of land uses, however, the Policy does state that garage and transport depots would be unacceptable and that other uses, (which would include sui generis uses) would be determined on its own merits. In light of the above, the proposal would appear to be unfavourable, but given that the premises already exist and the proposal would not involve a change of use of the premises, in this instance it would be unreasonable to recommend a refusal of planning permission.

133 The site also lies within an area, which has been identified and allocated in the Darnall, Attercliffe & Tinsley Neighbourhood Development Framework (DAT NDF) as being a future residential area. The proposed redevelopment of the site would involve a use (albeit not changed in real terms) which would be unacceptable in this Policy Area, thus would be contrary to both the DAT NDF and the emerging Sheffield Development Framework (SDF).

It should also be borne in mind that opposite the site (namely the Council’s Central Transport Depot) is also designated as a future housing site (approx. 200+ houses) and therefore any development proposals would need to be mindful of this, and ensure that future residents would not be adversely affected by activities associated with the proposed development.

It is considered that whilst the proposed development would be contrary to current UDP Policy and the Darnall, Attercliffe & Tinsley NDF and the emerging Sheffield Development Framework (SDF), provided it can be demonstrated that future residents would not be adversely affected, it would be unreasonable to recommend a refusal. It is also considered that the redevelopment of this site would not only improve the visual quality of the immediate area, but would also ensure the retention of an existing business, which provides employment to the local area.

Policy MU11 states that new development or change of use will only be permitted provided that it would preserve or create variety in the character of the neighbourhood and not result in one use dominating the area; not cause disamenity to residents or visitors to hotels/residential institutions; provide an environmental buffer where applicable; be well designed and of a scale and nature appropriate to the site; comply with Policies for the Built and Green Environment; be adequately served by transport facilities; and comply with Policies MU7 and T28.

Policy T28 requires new development which generates high levels of travel be adequately serviced by existing public transport; or additions or extensions to such services linked to the development; or proposed extensions to Supertram; and the existing highway network. By the very nature of the development, it would generate some level of traffic, albeit not dissimilar to the existing situation. The site is adequately served by public transport in the form a frequent bus service and within walking distance of a Tram stop.

Design/Visual Amenity

Following pre-application and post-application discussions, the design of the proposed development, as amended, is considered acceptable in terms of its scale, form and detail.

The proposed development comprises of a series of structures ranging from single storey with a pitched roof, to 1 ½ storeys up to two-storeys with a flat roof. The whole site would be built up, which would ensure that all equipment/storage would be contained within the building. The lower level development would front onto Westbury Street and would serve to provide the tyre and exhaust fitting bays as well as the MOT bay. The building would wrap around the corner of the site, at the

134 junction of Staniforth Road and Westbury Street, which is where the reception and customer area would be located. Further along Staniforth Road, to the rear of the site, which then fronts onto Broad Oaks, the building size increases, to accommodate the tyre storage depot.

The building is constructed predominantly of brick and incorporates a number of typical features which are characteristic of industrial/commercial premises, such as painted steel shutter doors, commercial windows, and grey profiled steel roof cladding etc. However, the prominent corners to the site, which front onto Staniforth Road do offer a substantial amount of visual interest in the form of cylinder towers, with a textured exterior, which are to replicate the design of a tyre. Given the nature of the business it is clear why the developer seeks to provide a landmark for the site. In principle there is no objection to this detail, although it is recommended that an alternative, higher quality finish be sought for the tyre features.

The prominent corner at the junction of Westbury Street and Staniforth Road has been addressed by providing an articulated frontage, which would incorporate substantial glazing. Although the entrance would not be direct from the corner, it would just be to one side, accessed from Westbury Street. The entrance into the reception area would be further recognised by a glazed canopy. One of the cylinder towers would be positioned adjacent to the entrance and would incorporate a glazed lantern to provide natural light to the stairwell.

The remainder of the elevation fronting Staniforth Road is not ideal, but is acceptable, given that the proposed cylinder elements and glazed entrance would provide a visual distraction. The elevation would incorporate brick to the lower half with wall cladding above. Although there is a particular horizontal emphasis to this part of the elevation, at least the glazing provides some vertical relief.

The scale and massing of the development is considered to be acceptable and appropriate for the area. The streetscape is varied and the proposal would represent a visual improvement to the immediate area. It is regrettable that the existing older building could not be retained and incorporated into the scheme, as it appears to contribute to the character of the surrounding area. However, it is considered that the design of the building is considered acceptable such that Policy MU11 would be complied with.

Sustainability

Measures to improve the energy efficiency of the building would be sought and as such a condition would be imposed requiring the submission of details, which would demonstrate a 10% reduction in carbon emissions.

It is intended that water management systems would be explored as well as the possibility of solar panels.

135 Highway Issues

As part of the proposed development, the developer is seeking a formal closure of Westbury Street to facilitate ancillary car parking accommodation. 19 spaces, which shall include 1 disabled space would be provided.

Given the location of the premises, and taking account of the existing operations that have taken place for approx. 40 years, the proposed development is unlikely to cause a traffic hazard. It is envisaged that the highways situation would be somewhat improved by virtue of the fact that designated parking would be provided and the nature of the business operations would change. It is therefore considered that the proposed development would be acceptable in terms of highway safety and Policy T28 would not be contravened.

Amenity Issues

There are currently no immediate residential properties, which would be affected by the proposed development. However, given that the area is identified as being a future residential site as well as the adjacent site, it is considered necessary to impose some restrictions to safeguard the amenities of future residents. The orientation of the development would also assist in minimising the opportunity for potential noise and disturbance to future residents. The fitting bays, where it would be expected for some noise to occur, would front onto Westbury Street, thus orientated and set back away from Staniforth Road. It is not considered that future occupiers would be adversely affected, thereby Policy MU11 would not be contravened.

Environment Agency

The Environment Agency have responded and recommended a number of conditions to address drainage issues and an Informative relating to waste management.

Drainage

A condition would be imposed, requiring at least a 30% reduction in surface water discharge from the site compared to the existing peak flow, unless otherwise agreed.

SUMMARY AND RECOMMENDATION

The proposed development would be contrary to Policy MU7 of the Unitary Development Plan, by virtue of the fact that the proposal would involve a use that would not ordinary be acceptable. The site is also allocated for housing, as per the Attercliffe & Tinsley Neighbourhood Development Framework.

However, given that the nature of the site would be unchanged and would remain as a tyre depot site with fitting bays etc, as in situ, and considerable financial investment into improving the existing premises, which would allow for continued employment in the area, Members are recommended to approve the application

136 (subject to conditions). The applicants have sought pre-application advice and are seeking a road closure to facilitate better parking provision. The redevelopment would also serve to improve the visual quality of the area.

The design of the proposed development is considered acceptable in terms of its scale, form and detail and although unusual, it would provide some visual interest and fun to an otherwise uninspiring street frontage.

Through the imposition of conditions, any potential nuisance affecting future occupants of residential properties would be addressed.

The proposed development is considered acceptable and it is on this basis that the application be recommended for approval subject to the listed conditions.

Recommendation: Grant Conditionally

137

Case Number 08/03767/FUL

Application Type A Full Planning Application

Proposal Erection of 62 apartments and associated parking

Location Waitrose Supermarket 123 Ecclesall Road Sheffield S11 8HY

Date Received 07/07/2008

Team CITY CENTRE AND EAST

Applicant/Agent DLP Planning Ltd

Recommendation GRA GC subject to Legal Agreement

Subject to:

1 The development shall be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

In order to ensure an appropriate quality of development.

3 Large scale details at a minimum of 1:10 (unless otherwise agreed) of the items listed below shall be approved in writing by the Local Planning Authority before the commencement of development:

i. Windows including frames and glazing details; ii. Window and brickwork reveals; iii. Balconies; iv. Doors; v. Eaves and verges; vi. Grilles to the car park vii. Vents (as appropriate) viii. Details of all external lighting to include methods of fixing to the building.

138 The details shall include a section drawing at a scale of 1:20 of each elevation(s) where there is a junction between the external treatments. Thereafter, the works shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

4 Before any work on site is commenced, a landscape scheme for internal courtyard (car park) and frontage to the site on Harrow Street and Napier Street shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of hard and soft landscaping and surface materials (including samples where appropriate). The scheme shall be carried out in accordance with the approved details within 1 month of the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority. When the above- mentioned landscaping has been carried out, thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5-year period shall be replaced in accordance with the approved details unless otherwise authorised in writing.

In the interests of the amenities of the locality.

5 Before the development is brought into use, or in accordance with a timescale to be agreed by the Local Planning Authority, the footways adjoining the site shall be resurfaced in accordance with the secondary palette of materials as set out in the Urban Design Compendium in accordance with details to be submitted to the Local Planning Authority prior to the commencement of development.

In the interests of the locality and to meet the objectives of the Urban Design Compendium and Policy BE5 of the Adopted Unitary Development Plan.

6 The residential accommodation hereby permitted shall not be occupied unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall:

a) Be based on the findings of an approved noise survey of the application site, including an approved method statement for the noise survey, b) Be capable of achieving the following noise levels: Bedrooms: LAeq 15 minutes - 30 dB (2300 to 0700 hours), Living Rooms: Laeq 15 minutes - 40 dB (0700 to 2300 hours), c) Include a system of alternative acoustically treated ventilation to all habitable rooms.

Before the scheme of sound attenuation works is installed full details thereof shall first have been submitted to and approved in writing by the Local Planning Authority.

139 In the interests of the amenities of the future occupiers of the building.

7 Before the use of the development is commenced a Validation Test of the sound attenuation works shall have been carried out and the results submitted to and approved by the Local Planning Authority. Such Validation Test shall:

(a) Be carried out in accordance with an approved method statement; and (b) Demonstrate that the specified noise levels have been achieved.

In the event that the specified noise levels have not been achieved, then notwithstanding the sound attenuation works thus far approved, a further scheme of sound attenuation works capable of achieving the specified noise levels and recommended by an acoustic consultant shall be submitted to and approved by the Local Planning Authority before the use of the development is commenced. Such further scheme of works shall be installed as approved in writing by the Local Planning Authority before the use is commenced and shall thereafter be retained.

In the interests of the amenities of the future residential occupiers of the building.

8 Before the development is commenced, full details of suitable and sufficient cycle parking accommodation within the site shall have been submitted to and approved in writing by the Local Planning Authority and the development shall not be used unless such cycle parking has been provided in accordance with the approved plans and, thereafter, such cycle parking accommodation shall be retained.

In the interests of traffic safety and the amenities of the locality.

9 Prior to the commencement of the development, a detailed Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include:

1. Clear & unambiguous objectives to influence a lifestyle that will be less dependent upon the private car; 2. A package of measures to encourage and facilitate less car dependent living; and, 3. A time bound programme of implementation and monitoring in accordance with the City Councils Monitoring Schedule. 4. The results and findings of the monitoring shall be independently validated to the satisfaction of the Local Planning Authority. 5. The validated results and findings of the monitoring shall be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

Prior to the occupation of any dwelling, evidence that all the measures included within the approved Travel Plan have been implemented or are

140 committed shall have been submitted to and approved in writing by the Local Planning Authority.

In the interests of delivering sustainable forms of transport, in accordance with the Transport Policies in the adopted Unitary Development Plan for Sheffield and PPG13.

10 No externally mounted plant or equipment for heating, cooling or ventilation purposes, nor grilles, ducts, vents for similar internal equipment, shall be fitted to the building unless full details thereof have first been submitted to and approved by the Local Planning Authority, and once installed such plant or equipment should not be altered without prior written approval of the Local Planning Authority.

In the interests of the amenities of the locality and occupiers of adjoining property.

11 Before the development is commenced full details of the proposed refuse and recycling storage facilities to be provided to serve the development shall have been submitted to and approved in writing by the Local Planning Authority. The details shall include a method statement indicating how the facilities will be managed and serviced and how occupiers of the proposed development will be encouraged to maximise the use of the proposed recycling facilities to reduce general waste arising. Prior to the occupation of the proposed development the approved facilities shall have been implemented in conjunction with the approved method statement and shall thereafter be retained.

In order to ensure that proper provision for refuse is made and to encourage the maximum use of recycling in the interests of protecting the environment.

12 Surface water and foul drainage shall drain to separate systems.

To ensure satisfactory drainage arrangements.

13 No piped discharge of surface water from the application site shall take place until surface water drainage works including off-site works have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

14 The surface water discharge from the site is subject to a reduction of at least 30% compared to the existing peak flow. Detailed proposals for surface water disposal, including calculations to demonstrate this reduction, must be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. It shall then be implemented in accordance with the approved details.

141 In order to mitigate against the future risk of flooding.

15 Prior to the first occupation of any part of this development full details of proposals for the inclusion of public art within the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall then be implemented prior to the occupation of the development unless otherwise authorised in writing by the Local Planning Authority.

In order to satisfy the requirements of Policy BE12 of the Unitary Development Plan and to ensure that the quality of the built environment is enhanced.

16 At all times that construction works (including demolition) are being carried out equipment shall be provided to the satisfaction of the Local Planning Authority for the effective cleaning of the wheels and bodies of vehicles leaving the site so as to prevent the depositing of mud and waste on the highway but before the development is commenced full details of such equipment shall have been submitted to and approved by the Local Planning Authority. When the above-mentioned equipment has been provided thereafter such equipment shall be used for the sole purpose intended in all instances and be properly maintained.

In the interests of the safety of road users.

17 Unless otherwise agreed in writing a green roof(s) (vegetated roof system) shall cover a minimum area of 80% of the roof and shall be provided prior to the use of the building commencing. Full details of the green roof construction and specification, together with a maintenance schedule, shall be submitted to and approved by the Local Planning Authority prior to works commencing on site. Unless an alternative specification is agreed the green roof shall include a substrate based growing medium of 80mm minimum depth and incorporating 15 - 25% compost or other organic material and the vegetation type shall be herbaceous plants. The plant sward shall be maintained for a period of 5 years from the date of implementation and any failures within that period shall be replaced.

In the interests of biodiversity.

18 The Local Planning Authority shall be notified upon completion of the green roof.

In the interests of biodiversity.

142 Attention is drawn to the following justifications:

S3 - Development in the Central Shopping Core S4 - District Centre Shopping BE5 - Building Design and Siting BE12 - Public Art BE19 - Development affecting Listed Buildings T21 - Car Parking H7 - Mobility Housing H16 - Open Space in New Housing Developments GE20 - Flood Defence Affordable Housing IPG

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

1. The Council is responsible for allocating house numbers and road names to both new developments and conversions of existing buildings. Developers must therefore contact the Council’s Street Naming and Numbering Officer on (0114) 2736127 to obtain official addresses for their properties as soon as construction works commence.

2. You are advised that residential occupiers of the building should be informed in writing prior to occupation that:

(a) limited/no car parking provision is available on site for occupiers of the building, (b) resident's car parking permits will not be provided by the Council for any person living in the building.

143 Site Location

LOCATION AND PROPOSAL

This application relates to a 0.18 hectare site that forms part of the car park to Waitrose supermarket. It comprises 64 car parking spaces but is partly used to accommodate a community recycling facility with the remaining area providing additional car parking provision for the store. The site is bounded to the south by Napier Street, to the west by Harrow Street, to the east by the entrance to the main Waitrose car park and to the north by a car showroom and garage. It is presently bounded by a low part-brick, part brick-railing wall with a number of semi-mature trees to the Napier Street frontage. Beneath the rear section of the site is the culverted Porter Brook, which flows approximately 3 metres to 3.5 metres below the current ground level.

144 The surrounding area is mixed in character; opposite the site to the south of Napier Street lies the Cemetery Road Baptist Church, the main section of which is Grade II Listed. Within the boundary of the Baptist Church is the caretaker’s dwelling with its flank elevation to Napier Street. Adjacent to the Church is a recently constructed mixed-use modern scheme extending from four to six storeys in height. The Wards Brewery residential and office development, which is six to seven storeys in height, lies across Harrow Street to the west.

This is a full planning application seeking to relocate the existing recycling facilities to a new location within the Waitrose car park and to redevelop the site to provide 62 residential apartments comprising 30 x 1 bedroom apartments and 32 x 2 bedroom apartments. Of these 62 apartments it is proposed that 12 are secured as social rented units.

The proposed residential block is ‘L’ shaped in form fronting both Napier Street and Harrow Street; it is set back approximately 2.6 metres from the back edge of pavement to Napier Street and approximately 3 metres to Harrow Street. The building is contemporary in design and extends to predominantly six storeys in height to Napier Street with a seven storey projecting ‘feature’ at the corner of Napier Street and Harrow Street designed to reflect the industrial origins of the area and to relate to the scale of the adjacent Wards Brewery scheme. To the main frontage to Napier Street the top two floors of the six storeys are recessed by 2 metres such that the main eaves level to Napier Street is four storeys. To the Napier Street elevation the design incorporates ‘punched through holes’ to the upper floors providing recessed ‘balconies’ of approximately 0.5 metres, which will be detailed internally in glazed brickwork to provide visual interest as well as shading to these south facing units. This façade is predominantly constructed in red brick with detailing to the main entrance core in the form of corten cladding and the introduction of metal railing details at ground floor to provide ventilation to the undercroft car parking. The recessed upper floors are constructed in black zinc shingle cladding. To the west elevation to Harrow Street, the projecting industrial feature extends from the fourth to seventh storey with a mono-pitch roof sloping away from the Wards Brewery block. This is detailed in black zinc shingles with the remaining western façade constructed in red brick. Large full height windows and some recessed balconies are also proposed to this elevation. The east elevation to Napier Street/Waitrose car park comprises three elements; the main red brick façade, the recessed upper floors, which are constructed in black zinc shingles and a further projecting feature to the rear, which is proposed in corten steel cladding. Further full height windows are introduced to this elevation to provide a level of overlooking and natural surveillance to the car park and street as well as enhancing the visual detail to this facade.

The ground floor is secured for car parking, largely to address issues of flood risk and provides a total of 50 spaces. Vehicular access is provided solely from Harrow Street via a courtyard entrance. It is proposed that this hard-surfaced ground floor area is softened through the use of appropriate materials and soft landscaping. The main pedestrian entrance to the block is provided at the corner of Harrow Street and Napier Street. A further secondary entrance to the ground floor car parking area is provided from the east elevation fronting the Waitrose car park. To the front of the site, landscaping is proposed between the built

145 development and the back edge of pavement to both Napier Street and Harrow Street.

RELEVANT PLANNING HISTORY

The most relevant planning history is summarised below:

08/00199/FUL: Erection of 2.5 metre high security fence and gates to enclose service yard. Approved: 13.03.2008

90/01494/FUL: Erection of supermarket with coffee shop, offices, car parking and associated road improvement works. Approved: 06.02.1991

SUMMARY OF REPRESENTATIONS

The application was advertised by means of site notice, press notice and neighbour notification. Five responses to the application have been received or which two raise objections to the development with the remaining three, including the Baptist Church and Sharrow Community Forum raising comments, details of which are summarised below:

- There are already too many apartments in the city; - There is already an issue with parking availability in the area and an increase in car crime; an increase in the amount of cars will worsen the situation; - The disruption caused by noise and traffic generated by the construction of 62 apartments may cause problems for those already living and working within the area. - Increased litter as a consequence of the development; - The proposed area is currently used as a recycling point, which is a community facility and recycling should be encouraged rather than disturbed. - The height of the building will disturb the landscape; - There are already several residential developments in the surrounding area and adding another will upset the balance between residential, private and community buildings; - The application mentions that there are no trees on the site but there are a number of trees and bushes in existence; is the applicant obliged to inform the planning department of this with it being a Conservation Area? (The application actually lies outside the Conservation Area). - The Community Forum highlight that there is no ‘appetite’ for flats in the area – it is recognised that there is no current method for rejecting schemes on this basis but it is still an issue of concern for local residents. The inclusion of social rented units is welcomed however; - The application makes no mention of off-setting the recycling facilities; these seem well-used so will they be relocated or lost?

146 The following statutory response has also been received:

Environment Agency: The EA presently object on flood risk Sequential Test grounds on the basis that the Council have not provided written confirmation that the Sequential Test has been undertaken in an open and transparent way and that written confirmation is provided that the Sequential Test has been added to the planning application file for the public record. The Council have now provided written confirmation and are awaiting a response from the Environment Agency. Members will be updated on this issue directly at the Planning Board.

PLANNING ASSESSMENT

This application proposes the relocation of the existing recycling facilities and removal of the current car parking accommodation to enable the development of the site to deliver a six storey, part seven-storey residential block providing 62 apartments with associated car parking and landscaping. The main issues to consider in the determination of this application include the following:

(i) Principle of development: policy and land use; (ii) Relocation of the recycling facilities; (iii) Design; (iv) Relationship to adjoining development; (v) Impact on the Listed Building opposite; (vi) Affordable Housing; (vii) Highways; (viii) Access; (ix) Flood Risk; (x) Sustainability.

The Council is also required to consider any representations received as a result of the public consultation exercise.

Policy and Land Use

The application site falls within an area designated as a District Shopping Centre within the Sheffield Adopted Unitary Development Plan. Policy S4 of the UDP, which relates specifically to District Centres, advises that retail development, including food retail, will be promoted in these centres. Policy S7 of the UDP relates more generally to development in District and Local Shopping Centres and advises that whilst shops (Use Class A1) are the preferred use, a range of other uses including housing (Use Class C3) is also deemed acceptable.

This application proposes a fully residential scheme and whilst not the preferred use, it is deemed acceptable and is not considered to compromise the viability of the existing Waitrose store or other retail in the vicinity. On this basis, the principle of development is considered acceptable in accordance with Policy S4 and S7. It is relevant to note that the proposal does not include any active ground floor function; the applicant maintained that Napier Street is not a sufficiently primary route to support a retail or active ground floor use, particularly in such close

147 proximity to a superstore, which is considered a reasonable contention in this instance.

Relocation of recycling facilities

It is acknowledged that the recycling facility within the Waitrose car park is a well- used community facility and as such, the applicant was advised at the outset that it would have to be relocated within the grounds of the store prior to the commencement of any development on this site. Accordingly, the applicant has provided a plan as part of a draft Section 106 legal agreement indicating a revised location to the east of the entrance to the Waitrose car park on Napier Street, adjacent to the store and to the west of the Grade II Listed Pentecostal Church and confirming the re-provision of facilities prior to the commencement of development. However, whilst the principle of relocating the facility is established within the draft Section 106, it is noted that the re-provision of recycling facilities currently proposed will result in the loss of further car parking, which requires further consideration. As such, further details are sought in respect of the location of the recycling provision and the nature of that provision, to ensure an equivalent facility, which will be secured by means of a planning condition or revised Section 106 agreement.

Design

Policy BE5 of the UDP seeks to achieve good design and the use of good quality materials, with a respect for the scale, form and architectural character of the area.

The architectural approach to the development is modern in character, which also reflects the nature of recently approved development opposite the site. The applicant has advised that the architectural approach is intended to reflect the industrial typology of the site’s history and in particular, previous historic uses as a brewery. This is reflected both in the use of a series of projecting ‘layered’ elements, such as the feature at the corner of Harrow Street and Napier Street and the large industrial type windows with their clear vertical emphasis and deep reveals. However, it is considered to reflect the traditional character of the area in terms of the use of traditional and natural materials such as red brick, glazed bricks and natural metal cladding and subsequently provides a high quality solution to the design of this site. The introduction of modelling to the facades through the use of recessed balcony details and projecting elements will add further visual interest to the development.

With regard to the scale of development, it is acknowledged that the building is predominantly six storeys in scale with the corner feature at the junction of Harrow Street and Napier Street extending to a seventh storey. It is also noted, however, that to Napier Street, the top two floors are recessed by 2 metres to reduce the visual massing of the scheme onto Napier Street. This scale must be assessed in the context of adjoining development; whilst it is acknowledged that the scale of the Baptist Church and caretakers house opposite the site is largely two storeys, the streetscene in this locality is predominantly characterised by the Wards Brewery development, which is six storeys with a seventh storey at the corner of Napier Street and Harrow Street and the new development at the junction of Napier Street

148 and Cemetery Road, which is four to six storeys in scale. It is considered that the proposed development, constructed to a predominant height of six storeys, is consistent with the present character of the location and it will also assist in the creation of a strong built streetscene to Napier Street, which has previously been absent.

It is thus determined that this proposal represents a considered architectural response to this site and its surroundings and represents a distinctive and innovative design that relates in scale, form and character to the principal surrounding buildings. It is therefore considered to comply with the principles of Policy BE5 of the UDP.

Relationship to adjoining development

It is acknowledged that the proposed development lies directly opposite the Grade II Listed Baptist Church and, more significantly, the caretaker’s house to the Church. The impact on the Listed Building is considered in the section below but with regard to the amenity of the residents of the caretaker’s house, it is noted that the house lies on a north-south alignment such that it is the flank wall of the property lying opposite the application site in which there are only secondary windows. Furthermore, the applicant has submitted a full shadowing study, which confirms that the proposed development is sited due north of the caretaker’s house and as such, will not impact on daylight and sunlight into this existing dwelling. In terms of a loss of view, as noted above, it is only secondary windows in the caretaker’s house facing the site and there is also no right to a view within the present planning system. With regard to scale, the proposed height of development is consistent with surrounding development and given the set back of the top two floors to Napier Street, it is not considered overbearing in this context. To the Wards Brewery site, which is of a similar scale to the application site, there is a distance of approximately 16 metres across Harrow Street, which is considered sufficient in this urban context. Accordingly, it is concluded that the development presents an appropriate relationship to existing adjoining development.

Impact upon the Listed Building

The application site lies opposite the Grade II Listed Baptist Church. As such, its impact upon the character and appearance of this Listed Building must be assessed. In the context of the UDP, Policy BE19 relates to development affecting the setting of a Listed Buildings and requires that it should preserve the character and appearance of the building and its setting.

Whilst of a larger scale and massing than the Baptist Church, it is considered that the proposed development is appropriate in the context of the wider streetscene. Moreover, it will reinforce the streetscape in this location by providing a strong built edge to Napier Street. The development is also constructed in traditional materials comprising red brick, to reflect the character of the Church and natural metal cladding, which will add visual interest. In addition, the main elevation of the Baptist Church fronts Cemetery Road. It is its rear, less grand elevation, that faces Napier Street. Accordingly, it is considered that the development will not unduly

149 affect the setting or appearance of the Grade II Listed Baptist Church in accordance with Policy BE19.

Affordable Housing

Sheffield’s affordable housing policy was adopted on 26th July 2006 and now includes all substantial residential City Centre development. This new city wide strategy is largely a result of the 2004 Housing Needs Survey, which indicated a citywide need for affordable housing. The Affordable Housing Interim Planning Guidance approved by Cabinet on 12th July 2006 informs the principles of this new strategy during the transitional stage between the previous UDP Policy and the publication of a new policy in the Sheffield Development Framework (SDF).

The interim guidance identifies sites with 25 or more dwellings in urban areas as qualifying for affordable housing provision and of the units within such schemes, the equivalent of at least 20% will be required towards affordable housing provision. The interim guidance does, however, acknowledge that when a scheme would provide substantial regeneration benefits, or where there are abnormal development costs and the application of the guidance would make the scheme unviable, affordable housing requirements will not be sought.

In this instance, the application delivers 62 apartments of which the applicant has advised that 12 (19.4%) will be affordable. The affordable units comprise 7 x 1 bedroom and 5 x 2 bedroom apartments, which provides an appropriate mix of development. It is anticipated that the units will be provided as shared ownership given the form of development within an urban location. At the time of writing the report, whilst the application clearly includes an affordable housing contribution, the final details of the provision is the subject of continued negotiation to confirm that it is fully in accordance with the IPG. Members will therefore be updated on this issue directly at Planning Board.

Highways

The proposed development provides a total of 50 car parking spaces of which 7 are disabled spaces. Policy T21 of the UDP advises that provision will be made for car parking where it would meet the operational needs of businesses, be essential for the viability of new development, enable ready access to the City outside peak hours or improve the environment or safety of streets and provided that it would comply with the parking guidelines set out in the UDP. The UDP advises a maximum provision of 1 space per flat for one and two bedroom units plus 1 space per 4 flats for visitors to be provided communally, which would equate to a maximum provision of 77 spaces. The provision of 50 spaces is therefore in accordance with the standards and is considered acceptable, particularly given the proximity of the site to the City Centre, to public transport and to shopping facilities.

Vehicular access to the site is achieved from Harrow Street only. Highways Development Control have no objections to the location of the proposed access subject to securing appropriate visibility splays, which will be secured by condition. The proposed level of car parking is also considered acceptable for a site in this location particularly as the applicant has agreed to contribute £7500 towards the

150 City’s car club, which will be secured by means of a Section 106 agreement. On this basis, the highway impact of the development and the provision of appropriate car parking are considered acceptable in accordance with Policy T21 of the UDP.

Access

Policy H7 of the UDP encourages all new housing to be provided with at least 25% of the accommodation to be Mobility Housing. The application advises that the development will provide 100% disability enabled units, which will be to mobility standard with little or no adaption needed. With regard to car parking provision, the scheme delivers 7 disabled spaces, which is in accordance with the Council’s guidance. The proposal is therefore considered to accord with Policy H7.

Flood Risk

Policy GE20 of the UDP advises that development will not be permitted where flooding risks to it or to existing development would not be overcome by suitable on-site protective measures and where necessary, off-site flood prevention measures will be required.

The application site lies within Flood Zone 3 as defined by the Environment Agency Flood Zone Map, which is identified as land with a high probability of river flooding based upon a 1 in 100-year scenario. On this basis the applicant was required to prepare a Flood Risk Assessment, which was submitted with the application. Planning Policy Statement 25: Development and Flood Risk also advises that a sequential based approach to determining the suitability of land for development in flood risk areas is central to the policy approach and relevant applications, including this proposal, must also therefore be subject to a Sequential Test with the aim to steer new development to the lowest probability of flooding. In essence, the Sequential Test requires the applicant to demonstrate the reasoning for the location of development within Flood Zone 3 rather than sites with a lower probability of flooding. PPS25 states that only where there are no reasonably available sites in Flood Zones 1 or 2 should decision-makers consider the suitability of sites in Flood Zone 3, taking into account the flood risk vulnerability of land uses. Should the Sequential Test be met, the applicant is then required to demonstrate that the Exceptions Test can be passed, which must broadly establish that the development provides wider sustainability benefits to the community, that the development is on brownfield land and that the development will be safe (as demonstrated by the Flood Risk Assessment).

At the time of writing this report, the EA has objected to the development as stated in the report above. However, it is considered that this matter can be resolved and Members will be updated on this issue at Planning Board.

Relationship to Porter Brook

The Porter Brook, which lies beneath this site, is identified in the UDP as an important waterway. Policy GE17 advises that the development will be permitted only where it would not cause damage to the waterway environment. It also encourages the re-opening of culverted watercourses where opportunities arise. It

151 is relevant to note that with particular regard to the Porter Brook, the Council is currently working with the Environment Agency to develop opportunities to open up the Brook through the Cultural Industries Quarter and re-opening previously culverted sections. However, there are no proposals to extend this approach to the Waitrose site where the Brook is culverted to some depth and in good condition. As such, it is not considered that this development will cause damage to the waterway environment.

Sustainability

Although there are currently no specific policies relating to sustainability and renewable energy within the current Unitary Development Plan, national planning guidance on sustainability and renewable energy is presented primarily within PPS1: Delivering sustainable development and PPS22: Renewable Energy. With regard to small-scale renewable energy developments, PPS22 advises that Local Planning Authorities should consider the opportunity for incorporating renewable energy projects in all new developments. It advises that small-scale renewable energy schemes utilising technologies such as solar panels, biomass heating and combined can all be incorporated into new developments. Additionally, Policy ENV5 of the Regional Spatial Strategy advises that new developments of more than 10 dwellings should secure at least 10% of their energy from decentralised and renewable or low carbon sources, unless having regard to the type of development involved and its design, this is not feasible or viable.

The applicant has submitted a sustainability statement, which sets out the consideration given to sustainable measures. Ground source heating and cooling is not considered viable due to the constraints created by the culverted Porter Brook beneath the site. Wind turbines are also not considered practical in this urban location and biomass is dismissed as an option on the basis of the constrained size of the site. With regard to solar water heating, the applicant advises that this type of scheme would not be possible as there are no south- facing pitched roofs within the proposed development as required to gain the necessary level of solar heating from this source. Rainwater harvesting is also considered unviable in terms of storage of run-off as if storage was provided in the form of a roof water tank, this would increase the size of the building which is considered inappropriate by the Council. The applicant has advised that photovoltaics are more expensive than conventional materials and in the current economic climate; this cost would impede the applicant’s ability to include the provision of affordable units and open space contributions within the scheme. Similarly, the applicant has dismissed the potential to connect to the City’s District Energy Network (Combined Heat and Power) on the grounds of viability in terms of the cost of construction, difficulty of providing the storage system needed within the site and the long payback time for a development of this nature to connect to this system.

The applicant has advised that the design, orientation and layout of the development encourages the conservation of energy and other natural resources, especially through solar gain in the south facing units. Indeed, it is noted that all window openings within the development are designed to maximise solar gain and can be opened for full ventilation of internal spaces. It is also the case that all the

152 proposed dwellings meet Part ‘L’ Building Regulations for energy efficiency and as such this will minimise the requirement for energy from future residents of the properties, thereby promoting the sustainable and efficient use of resources. Finally, it is noted that the applicant is proposing to provide all of the properties with ELV and compact fluorescent light sources to maximise lighting output yet minimising energy consumption generally, which will again encourage the conservation of natural resources on the site.

Whilst it is considered that the applicant has provided an assessment of sustainable measures, it is clear that viability is the principle reason for dismissing the potential to secure at least 10% of their energy from decentralised and renewable or low carbon sources. At the time of writing the report, this remains a matter for further discussion with the applicant and Members will therefore be updated on this issue directly at Planning Board.

Landscaping

It is acknowledged that there are currently a number of semi-mature trees to the site frontage (8 to 9), which have an amenity value to the streetscene that will be lost as a result of this development. However, it is the case that the application proposes to recess the building from the back edge of pavement by 2.5 metres to Napier Street to allow for the provision of new landscaping. A detailed scheme will be required by planning condition.

It is also the case that the flat roofs within the development are well suited to accommodate a green roof, which would add significantly to its sustainability through heat regulation, rainwater interception and habitat creation. A condition is therefore proposed requiring the installation of a green roof.

Public Art

Policy BE12 of the UDP advises that the provision of works of public art, which can be readily seen by the public, will be encouraged as an integral part of the design of major developments. In this regard, a condition is proposed requesting further details of public art provision in association with the development. On this basis, the application is therefore considered to accord to Policy BE12.

Noise

The application has been considered by the Council’s Environmental Protection Service and they advise that the site is situated in a mixed residential/commercial area where they are satisfied that there are no significant noise sources in the vicinity of the site likely to cause disturbance to occupiers of the proposed development. Subject to conditions relating to the construction performance criteria of the glazing and façade treatment, the proposed development is considered acceptable with regard to noise issues.

153 Open Space

Policy H16 of the Unitary Development Plan requires that the developer make a financial contribution towards the provision or enhancement of public open space within a kilometre of the application site. The applicant has entered into a unilateral planning obligation and agreed to pay the Council the sum of £50,290 payable upon the commencement of development. The monies will be distributed in consultation with the relevant Area Panel.

Education

The development falls within the Sharrow Catchment area, which is currently under capacity. Long term studies show little/if any pupil yield and as such, it is considered that any pupils arising from this development could be accommodated at local schools.

RESPONSE TO REPRESENTATIONS

In response to the representations received as a result of the consultation exercise:

- There are already too many apartments in the city: The introduction of apartments broadens the housing mix in this locality and there is no scope within the current planning system to require the development of houses only, which in any event, may not be the appropriate form of development on this particular site.

- There is already an issue with parking availability in the area and an increase in car crime; an increase in the amount of cars will worsen the situation: As outlined in the report above, the application provides sufficient and secure car parking in accordance with current Government policy. The apartments will ensure further natural surveillance of the street and there is no evidence to suggest that the scheme would worsen car crime.

- The disruption caused by noise and traffic generated by the construction of 62 apartments may cause problems for those already living and working within the area: Whilst construction work can cause some disruption to local residents and businesses, it is a temporary situation. A directive is proposed relating to construction working hours and a condition is also proposed with regard to wheel washing to ensure that the highway remains in an acceptable condition.

- Increased litter as a consequence of the development: It is not considered that additional residents will necessarily create increased litter.

- The proposed area is currently used as a recycling point, which is a community facility and recycling should be encouraged rather than disturbed: The recycling facility is to be re-sited within the car park and will therefore be retained, albeit in a new location.

154

- The height of the building will disturb the landscape: The scale of development is assessed in the report above.

- There are already several residential developments in the surrounding area and adding another will upset the balance between residential, private and community buildings: Housing is identified as an acceptable use in accordance with the Unitary Development Plan and it is considered that the area still retains a reasonable proportion of commercial development.

- The application mentions that there are no trees on the site but there are a number of trees and bushes in existence; is the applicant obliged to inform the planning department of this with it being a Conservation Area: The application actually lies outside the Conservation Area and whilst there are trees on site, which will be lost as a result of this development, a landscape condition is proposed to secure new planting to the frontage.

SUMMARY AND RECOMMENDATION

This application proposes the relocation of the existing recycling facilities and the development of a contemporary residential block of architectural merit that will reinforce the street scene of Napier Street and relate appropriately to modern development in the locality. It will deliver 62 residential apartments of which at least 12 will be affordable; these units will introduce vitality to the area. The application is considered to comply with relevant policies in the Sheffield Unitary Development Plan and other material considerations as detailed in the report above.

The application is therefore recommended for conditional approval subject to a Planning Obligation under Section 106 with the following Heads of Terms:

(i) The Owner shall pay to the Council on or before the first occupation of the development the sum of £50,290 to be used for the provision of open space in the locality of the site; (ii) A contribution of £7500 towards the Sheffield Car Club; (iii) A provision of 20% of the agreed specified units on the application site discounted from open market value to a Registered Social Landlord to be approved by the Council; (iv) The relocation of the existing recycling facilities to a new location to be agreed within the Waitrose car park.

155

Case Number 08/03789/FUL

Application Type A Full Planning Application

Proposal Single-storey rear extension with terrace above, provision of rear external staircase and extension to opening hours of hot food takeaway to 2300 hours (Application under Section 73 to vary condition No. 2 of planning permission 95/01059/FUL)

Location 148 London Road Sheffield S2 4LT

Date Received 08/07/2008

Team SOUTH

Applicant/Agent Peter Goss Architectural Services

Recommendation Grant Conditionally

Subject to:

1 The development shall be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 The proposed facing materials shall match the facing materials to the existing building.

In the interests of the visual amenities of the locality.

3 The building shall be used as a café and hot food takeaway only between 0800 to 2300 hours on any day.

In the interests of the amenities of the locality and occupiers of adjoining property.

156 Attention is drawn to the following justifications:

S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

1. The proposals are approved subject to the outstanding conditions of former planning permission - 95/01059/FUL.

157 Site Location

LOCATION AND PROPOSAL

The proposal involves the extension of the opening hours of a Chinese café and takeaway at 148 London Road, from 8am to 4.30 pm, (as formerly approved), to 8am until 11pm, including Sundays and Bank Holidays.

The proposals include a single storey rear extension, (3.5m projection x 4.4mm wide x 3.8m high, to the top of the parapet walls), with a 1st floor terrace over accessed by a new brick stair, with handrails, (1.7m long x 1.7m wide x 3.8m high), giving access to a 1st floor terrace, over the extension, for the 1st floor flat. A cycle store is to be provided beneath the stairway.

158 The shop floor-space will increase from 65m² to 85m² and the existing fume extraction flue is to be retained.

A screened bin area for 3 bins is to be provided, together with cycle parking for the occupants of 148A London Road.

RELEVANT PLANNING HISTORY

95/01059/FUL, (95/0984P) - gave planning permission for the use of 148 London Road, as a café, with takeaway hot food sales on the 12th of December 1995, from 8am until 4.30pm each day, subject to conditions requiring the provision of disabled access and facilities and appropriate fume extraction equipment.

SUMMARY OF REPRESENTATIONS - No representations were received.

PLANNING ASSESSMENT

Policy

The site is an existing A3 / A5 use, located within the London Road, District Shopping Centre and is an acceptable use under Policy S7. There are no objections to the extension of the hours of use to 11pm, provided that this does not cause local residents to suffer unacceptable living conditions, due to additional noise, odours, or general disturbance, under Policy S10.

Highways – There are no highway objections to the proposals.

Design and Impact

The proposed extension will be constructed in brick to match the existing, with upvc windows and a tiled terrace and is acceptable in principle.

The proposed 1st floor terrace has parapet walls, which will provide a screen for anyone sitting on the patio and should not therefore have any undue impact upon adjoining properties.

146 London Road has a similar rear extension, with a 1st floor terrace over, for 146A London Road and will not be adversely affected by the proposals.

The adjoining shop at 150 London Road, is a betting shop, with a blank rear elevation, which will not be affected by the proposals. The flat over at 150A London Road, has a stair and walkway adjoining the proposed stair and patio and should not be unduly affected. The concrete rear yard, is used for cycle parking and clothes airing, not typically as a garden area.

No. 152 London Road is well screened by an offshot extension and a high boundary wall.

159 The offices to the rear are 12m away and screened by a 2.2m high boundary fence. The offices have a few side elevation windows, but there is no significant issue of overlooking, or loss of privacy relating to this proposal.

142, 144 and 146, London Road, adjoining the site, are all restaurants or takeaways and their hours of use, together with many other A3 / A5 uses, on London Road, extend to 11pm or beyond. None of the adjoining flat occupants have objected to 148 London Road extending their opening hours to 11pm, in line with adjoining uses.

RECOMMENDATION

The proposals are considered to comply with the aims of Policy S10 of the UDP and recommended for approval subject to appropriate conditions.

160

Case Number 08/03844/FUL

Application Type A Full Planning Application

Proposal External alterations and change of use of ground floor commercial unit (B1 use) to form restaurant/cafe (A3 use) (Amended as per e-mail received 26/08/2008)

Location Mandale House 28 Bailey Street Sheffield S1 4EH

Date Received 25/07/2008

Team CITY CENTRE AND EAST

Applicant/Agent England & Lyle

Recommendation Grant Conditionally

Subject to:

1 The development shall be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 The ground floor unit shall be used for the above-mentioned purpose only between 0900 hours and 2330 hours on any day.

In the interests of the amenities of the locality and occupiers of adjoining property.

3 Prior to the commencement of development, details of the extraction system, which forms part of a scheme to protect the occupiers of adjacent dwellings from odour, shall be submitted to and approved by the Local Planning Authority. Any flue shall terminate 1 metre above the height of the adjacent roof on an elevation with no opening windows. Thereafter the scheme shall be implemented and retained in accordance with the details submitted to and approved by the Local Planning Authority unless otherwise agreed in writing.

In the interests of the amenities of the locality and occupiers of adjoining property.

161 4 Prior to the commencement of development, a scheme of noise control to protect the occupiers of adjacent dwellings, shall have been submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented and retained in accordance with the approved details throughout the life of the development.

In the interests of the amenities of the locality and occupiers of adjoining property.

5 No amplified sound shall be played within the building except through an in- house amplified sound system fitted with a sound limiter, the settings of which shall have received the prior written approval of the Local Planning Authority. No amplified sound or live music shall be played nor shall loudspeakers be fixed at any time outside the building.

In the interests of the amenities of the locality and occupiers of adjoining property.

6 No externally mounted plant or equipment for heating, cooling or ventilation purposes, nor grilles, ducts, vents for similar internal equipment, shall be fitted to the building unless full details thereof have first been submitted to and approved by the Local Planning Authority, and once installed such plant or equipment should not be altered without prior written approval of the Local Planning Authority.

In the interests of the amenities of the locality and occupiers of adjoining property.

7 No deliveries to the building shall be carried out between the hours of 2300 to 0700 hours Monday to Saturday and 2300 hours to 0900 hours Sundays and Public Holidays.

In the interests of the amenities of the locality and occupiers of adjoining property.

8 No movement, sorting or removal of waste bottles, materials or other articles, nor movement of skips or bins shall be carried on outside the building within the site of the development between 2300 hours and 0700 hours.

In the interests of the amenities of the locality and occupiers of adjoining property.

9 The opening windows/shutters shall be kept closed between 2000 hours and 0700 hours, and shall not at any time be opened otherwise without the prior written approval of the Local Planning Authority.

In the interests of the amenities of the locality and occupiers of adjoining property.

162 10 The fire exit doors shall only be used as an emergency exit and shall not at any other time be left standing open.

In the interests of the amenities of the locality and occupiers of adjoining property.

11 The ground floor unit shall not be used unless a level threshold has been provided to the entrance thereto in accordance with details to be submitted to and approved in writing by the Local Planning Authority and thereafter such level threshold shall be retained.

To ensure ease of access and facilities for disabled persons at all times.

Attention is drawn to the following justifications:

IB6 - Development in Fringe Industry and Business Areas IB9 - Conditions on Development in Industry and Business Areas

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

1. The applicant should install any external lighting to the site to meet the guidance provided by the Institution of Lighting Engineers in their document "Guidance Notes for the Reduction of Light Pollution". This is to prevent obtrusive light causing disamenity to neighbours. The Guidance Notes are available from the Institute of Lighting Engineers, telephone number (01788) 576492 and fax number (01788) 540145.

2. From the 6th April 2008, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 2008 require that all requests for confirmation of compliance with planning conditions require a fee payable to the Local Planning Authority. An application to the Local Planning Authority will be required using the new national standard application forms. Printable forms can be found at www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

163 Site Location

LOCATION AND PROPOSAL

The application site is located on the eastern side of Bailey Street in a Fringe Industry and Business Area as defined in the Unitary Development Plan (UDP). The site forms part of a recently completed development comprising of a three to six storey building forming 111 apartments with undercroft parking and approximately 7000 square feet of office accommodation.

The rest of Bailey Street, which slopes down from Trippet Lane in the south down to Broad Lane in the north, is characterised by two and three storey industrial/warehouse premises. Some industrial uses remain along Bailey Street, including a vehicle repair garage and a small engineering works. There is also a recording studio and band rehearsal room, known as Jump Studios, situated to the north west of the application site.

164

Planning permission is sought for the use of the ground floor level of the still vacant office accommodation as a restaurant/café. The application also includes the replacement of an existing ground floor window opening with an entrance door.

RELEVANT PLANNING HISTORY

05/00858/FUL Planning permission was granted in August 2005 for the erection of 111 apartments and office accommodation in a 3 to 7 storey block.

06/03310/FUL Planning permission was granted in August 2008 for the conversion of a former synagogue at 5-11 Bailey Street, to form 17 studio style apartments.

SUMMARY OF REPRESENTATIONS

None received.

PLANNING ASSESSMENT AND RECOMMENDATION

Policy IB6 of the UDP (Development in Fringe Industry and Business Areas) describes food and drink uses as an acceptable use of land in Fringe Industry and Business Areas whilst Policy IB9 (Conditions on Development in Industry and Business Areas) adds that changes of use should not cause residents to suffer from unacceptable living conditions.

The City Centre Living Strategy (CCLS), which was adopted by the Council as supplementary planning guidance in April 2004, seeks to guide future housing development in the City Centre. Guideline 10 of the Strategy states that, in locations where the residential amenity of residents will not be seriously affected, late night opening of bars and restaurants could be appropriate, provided that music is not the main attraction. However, in certain Quarters, the amenity of residents, during night-time hours, is considered to be important and so, for developments involving pubs, bars and restaurants it is appropriate to restrict opening hours in order to prevent undue disturbance. The CCLS advises that, in the St Georges area of the city, pubs and bars may be permitted to open until 00.30 and restaurants to 01.00 hours.

In October 2005 the Council adopted Interim Planning Guidance on Night Time Uses (IPG), which sought to pre-empt the introduction of the Licensing Act 2003 and its intention that no closing hours should be specified unless there are exceptional circumstances to limit the hours of opening. The IPG sought to identify two areas where time limits should be placed on late night uses, in the Heart of the City/Cathedral and Broomspring Area of the Devonshire Quarter. This application lies outside the area where it is determined that hours of use should be specifically restricted. Accordingly, it is considered that the most significant issue in the determination of this application is the potential impact on residents.

Existing residential accommodation lies immediately adjacent to the proposed restaurant/café. Planning permission has also been granted for the use of a former

165 synagogue, situated approximately 20 metres to the south, as 17 apartments. Furthermore, despite the existence of a number of industrial uses and a recording studio, Bailey Street is particularly quiet during the evening as it is off the beaten track. It is important that the amenities of existing and future residents are not significantly harmed by a late opening restaurant. A condition is therefore proposed restricting opening hours to between 0900 hours and 2330 hours. Further conditions are imposed to control fume extraction and noise breakout.

Members are therefore recommended to grant planning permission for use of the ground floor level of the vacant office accommodation as a restaurant/café subject to the proposed conditions.

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Case Number 08/04132/FUL

Application Type A Full Planning Application

Proposal Extension to Operations and Business Centre, provision of 15 car park spaces and installation of a fuel bowser.

(Separate proposal to vary Section 106 Agreements in connection with planning applications 02/00265/FUL and 03/01674/FUL in order to allow retention of the aircraft hangers until they are no longer required in connection with the airport or aviation)

Location Sheffield Airport Business Centre Europa Court Sheffield S9 1XZ

Date Received 19/07/2008

Team CITY CENTRE AND EAST

Applicant/Agent GVA Grimley Ltd

Recommendation Grant Subject to Secretary of State De

Subject to:

1 The development shall be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 The materials on the proposed extension shall match the materials on the existing building.

In the interests of the visual amenities of the locality.

3 The proposed car park shall at all times be for the sole use of South Yorkshire Police and Yorkshire Air Ambulance personnel.

In order to define the permission.

167 4 Before the fuel bowser is installed full details of the proposed bunding and drainage arrangements for the facility shall have been submitted to and approved in writing by the Local Planning Authority.

In the interests of health and safety and in order to prevent pollution to the water environment.

Attention is drawn to the following justifications:

GE1 - Development in the Green Belt GE3 - New Building in the Green Belt GE4 - Development and the Green Belt Environment BE5 - Building Design and Siting Planning Policy Guidance Note 2: Green Belts

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

168 Site Location

LOCATION AND PROPOSAL

The application site is Sheffield City Airport and Heliport, and specifically the existing Operations and Business Centre, land to the immediate south of this building and the existing aircraft hangars located on the northern boundary between the airport apron and the boundary perimeter fence line. The proposal involves three parts:

PART 1: Extension to the Operations and Business Centre

It is proposed that the South Yorkshire Police Authority (SYPA) Air Operations Unit will take part occupation of this building, including space for the storage, servicing and maintenance of the SYPA Helicopter. This Unit will have to be displaced from their existing site at the western end of the runway when work on the Blue Skies

169 mixed-use development commences (Ref. 05/04338/OUT). To accommodate the helicopter storage and maintenance in this building a small extension is required to its south elevation, measuring approximately 57 square metres. The land on which the extension is proposed to be built is located just outside the Green Belt.

PART 2: Creation of 15 car parking spaces and installation of fuel bowser

The proposed car parking is associated with the new SYPA use in the Operations and Business Centre and would be located immediately to the south-east of this building. A total of 15 car parking spaces (including 1 disabled space) are proposed on land which is existing hardstanding but predominantly falls within the Green Belt. Very special circumstances to justify the location of the car parking based on user security and visibility issues have been provided and are described in the Assessment of this report.

A new 40,000 litre self-bunded fuel bowser is also proposed adjacent to the car parking which will be 10.1m (long) x 2.8m (wide) and contain JET A1 kerosene fuel.

In total, the car parking and fuel bowser will cover a ground area of approximately 752 square metres.

PART 3: Deed of Variation to change existing Section 106 Agreements (Not part of the planning application)

In addition to the new development described above, it is proposed to vary the wording of two historic Section 106 Agreements relating to the existing aircraft hangers which were approved under planning applications 02/00265/FUL and 03/01674/FUL. This Deed of Variation is sought to remove the existing restrictions imposed by the original agreements and allow the retention of the hangars until they are no longer required in connection with the airport or aviation. The proposed variation, whilst not formerly part of the planning application, is considered in this report to give Members the full background to the proposals and because the original agreement were sanctioned by Members.

Schedule 2 of the current S106 Agreements states:

“The Owner has applied for planning permission to erect a hangar building at the Airport for the purpose of providing garaging for aircraft (fixed wing and helicopters) and for engineering maintenance of fixed wing aircraft and helicopters.

The Owner will remove the building when it is no longer required as an aircraft hangar in connection with the Airport or within twelve months of the Airport ceasing to be operational or in the event of the runway being reduced in length or otherwise altered so that it is no longer capable of being used by fixed wing aircraft.”

The hangars, positioned side-by-side, each measure approximately 25m x 30m with an overall height of 7.5m. It is currently proposed that following agreement, the hangers would continue to be used by the Yorkshire Air Ambulance Service (YAA) and Total Air Management Services (TAMS).

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The Applicant proposes varied wording to paragraph 2 of Schedule 2 of the S106 Agreement so as to remove some of the original clauses and agree to remove the building when it is no longer required as an aircraft hangar in connection with the Airport or Aviation.

Airport Planning and Development Limited has submitted a document on behalf of the applicant which provides an operational justification for the retention of the aircraft hangars at their existing site within the Green Belt portion of the airport.

Members are advised that Sheffield City Airport and Heliport is now unlicensed and no longer available for general use. The airport continues to function solely as a private airport, including use by the emergency services.

RELEVANT PLANNING HISTORY

Planning Permission was granted in July 1991 for the erection of an airport, ancillary facilities, car parking and landscaping. (Ref. 91/1460P or 91/02067/REM)

Planning Permission was granted in June 1999 for the erection of a Fire & Rescue/ancillary building, extensions to the Terminal Building and provision of car parking accommodation. This included the construction of the Operations and Business Centre (Ref. 99/0618P or 99/01157/FUL)

Planning Permission was granted in July 2001 for the erection of a hangar capable of accommodating two small helicopters, on land immediately to the west of the terminal building. This permission was not implemented (Ref: 9A/0450P).

Planning Permission was granted in October 2002 for the erection of a hangar (Hangar 1), with dimensions of 25m x 30m, within the Green Belt. This Permission (Ref. 02/00265/FUL) was subject to a Unilateral Undertaking described above.

Planning Permission was granted in December 2003 for the erection of an additional hangar (Hangar 2) which was proposed to be an exact replica of Hanger 1 in terms of size and appearance. This Permission (Ref. 03/01674/FUL) was subject to the same Unilateral Undertaking as the 2002 proposal.

SUMMARY OF REPRESENTATIONS

9 letters of objection have been received to the proposal, on the following grounds:

- The application involves the use of designated Green Belt land. - The developers are greedy and this application may encourage further applications in the Green Belt in the future. - There is an abundance of undesignated land in the immediate area. For example, at the opposite end of the terminal building where car parking space is already available. This application is against the Council’s broad commitment on environmental matters.

171 - The Council have already allowed Peel Holdings to have a huge parcel of land for a paltry sum and they have denied the people of Sheffield a much needed airport. - The credentials of the Applicant’s statement that the site remains an “Airport” given the fact that the Airport was unlicensed in April 2008 and all fixed wing flying aircrafts have been removed are dubious. Are the applicants guaranteeing that fixed wing flying will still be possible?

South Yorkshire Fire and Rescue Service have not provided full comments at the time of writing this report. Members will be updated at the Area Board Meeting.

Rotherham Metropolitan Borough Council has been consulted as the adjoining Planning Authority however no comments have been raised at the time of writing this report. Members will be updated at the Area Board Meeting.

PLANNING ASSESSMENT

Policy Issues

The Unitary Development Plan for Sheffield (UDP) identifies the application site as being part of the Airport. The majority of the proposed car park and the existing hangars are within the adopted Green Belt.

UDP Policies GE1 (Development in the Green Belt), GE3 (New Building in the Green Belt) and GE4 (Development and the Green Belt Environment) are relevant policies that relate to development in the Green Belt. In summary, these policies state that development will not be permitted within it other than for agricultural, forestry, recreational or cemetery use, except in very special circumstances, and then if acceptable in those terms it should be in keeping with the area and of appropriate scale and character.

The content of national guidance contained in Planning Policy Guidance Note 2: Green Belts is also relevant and reaffirms the presumption against inappropriate development within Green Belts and justification by very special circumstances.

The proposal is therefore considered to be a Departure from the provisions of the UDP and has been advertised accordingly. Section 54A of the Town and Country Planning Act 1990 requires that applications that are not in accordance with the relevant policies in a Development Plan should be refused unless material considerations justify the granting of Planning Permission.

The applicant has submitted supporting information to request that the proposals be considered as representing special circumstances to be taken into account in the assessment of this application. These matters are detailed in the sections below.

In addition to the above, UDP Policy BE5 (Building Design and Siting) is relevant to the proposed new extension to the Operations and Business Centre. Part (c) of BE5 states that all extensions should respect the scale, form, detail and materials of the original building.

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Members are advised that work on the Sheffield Development Framework (SDF) recognises that the current Green Belt boundary is poorly resolved in this area as a result of the airport and surroundings. The Green Belt was established in the context of previous land-use patterns. Therefore, the current draft proposals map for the emerging SDF document intends to take the hangars location out of the Green Belt and associate the new boundary with existing land-use patterns. It must be stressed, however, that this current proposal carries no statutory weight.

PART 1: Extension to the Operations and Business Centre

The existing SYPA Helipad area currently exists on the edge of the existing airport runway, to the south of Letsby Avenue and opposite the existing SYPA Operational Support Services Site at Sheffield Business Park. The SYPA Air Operations Unit has to move due to the impending Blue Skies Development. It is therefore proposed to relocate to the Airport/Heliport and intends to take part occupation in the Operations and Business Centre, which is adjacent to the main terminal building.

The Operations and Business Centre previously contained fire engines and equipment for the airport facility but was not designed to accommodate a helicopter and it is argued that the proposed extension to the existing building is required to allow storage of this specific helicopter.

In terms of the principle of this extension, it is considered to be a minor addition to the existing building. The size of the extension at 14.28m (l) x 4m (d) is small and the design considered appropriate to the existing building and surrounding built form in the area. The proposed profiled metal cladding material would match the existing building and it is considered to be a sympathetic extension which would not encroach beyond existing building lines and/or compromise the quality of the adjacent Green Belt. The extension would be read against the backdrop of the main Operations building itself and would not be unacceptably conspicuous. In such terms, it is considered that the proposed extension is acceptable subject to relevant conditions.

PART 2: Creation of 15 car parking spaces and installation of fuel bowser

1) Applicant’s Case for Special Circumstances

A letter of explanation has been provided by SYPA Air Operations Unit Executive Officer/Accountable Manager to justify the creation of 15 car park spaces in the Green Belt.

This Unit currently has 15 allocated car parking spaces at the existing SYPA Operational Support Services Site at Letsby Avenue. It is anticipated that this parking will be taken up by the new Police occupiers of the Unit‘s existing offices and hangar space.

It is stated that the new car parking is required to enable easy access to the facility, including 1 disabled space, but more importantly for SYPA security reasons and to

173 ensure that vehicles are away from public sight. It is advised that the very nature of Police work brings staff into daily contact with individuals or groups who are not beyond taking out their grievances on Police staff or their property. There have been numerous instances where staff in their cars have been followed home and have had their personal vehicles targeted and attacked. It is also stated that the nature of the Police role and the requirement to conduct sensitive operations away from the public gaze is another factor.

At present the risk of such acts is minimised by the fact that the Unit is sited next to a 24 hour operational Police base, but there is concern that the new building is isolated thus creating a circumstance whereby there will be circumstances when the building, equipment and staff will be vulnerable. The rationale of providing car parking directly adjacent to the new base is to afford SYPA staff a level of security that is proportionate to their role and which minimises any risk to their personal safety and property. The SYPA considers this matter to be non-negotiable as there is no other area of Sheffield Business Park where SYPA could park and address the highlighted issues satisfactorily.

It is advised that there are proposed to be 19 full time staff at the new base.

2) Assessment of Case

The main issue in this instance relates to the impact of the car parking upon the Green Belt and the amount of additional car parking being created at the airport/Sheffield Business Park.

Impact on the Green Belt

PPG2 ‘Green Belts’ identifies five key purposes of land being designated as Green Belt. These are:-

- To check unrestricted sprawl of large built-up areas; - To prevent neighbouring towns merging into one another; - To assist in safeguarding the countryside from encroachment; - To preserve the setting and special character of historic towns; and - To assist in urban regeneration by encouraging the recycling of derelict and other urban land.

It is considered that the Green Belt in this location primarily serves the purpose of providing a check on unrestricted sprawl and preventing Sheffield and Rotherham merging. Assessment of the proposal in this respect has therefore concentrated on the impact on the open character of the Green Belt and whether the presence of the car park would compromise either of these two identified key purposes of the land’s designation as Green Belt.

The proposed car park is located to the immediate south of the Operations and Business Centre on land that is currently part of the wider Airport Apron. The land is concrete hardstanding and positioned in between the Terminal Building (east), Operations and Business Centre (north), and an existing diesel bowser (west). These buildings, along with the aircraft hangars (further to the west), create a

174 cluster of built form and features set around the runway apron. The proposed car park and fuel bowser would not extend beyond the confines of this area, or indeed beyond the south elevation of the Terminal Building. Instead, they would sit amidst it. As such it is considered that the car park facility would be read in conjunction with, and as part of, this existing built form and would not appear out-of-keeping with the functions taking place at this site.

There are a number of vantage points from which views of the airport buildings and surrounding land can be obtained. These include Tinsley Park Golf Course, the hill overlooking the Airport, and Wood Lane to the north. A footpath which runs through the woodland adjacent to the fence line, offers a view from close quarters.

From each vantage point there is no clearly discernible line separating Green Belt land from that which lies outside it. The proposed car park and fuel bowser would relate to the cluster of buildings and features set around the runway apron. There is no built structure required to accommodate the new car parking space (simply additional white lining) and the fuel bowser is a functional requirement that does not appear out of context at this location. Similar equipment already exists at the Airport and in the Green Belt. The development would be read against the backdrop of existing surrounding buildings and it is considered that the proposal, in this context, would not adversely affect the open character of the Green Belt. Additionally, given the nature of the proposal and its proposed size, there is no concern that the development would lead to a mergence of settlements.

In these circumstances the impact of the proposed car park and fuel bowser on the Green Belt is considered, on balance, to be acceptable.

Additional Car Parking

There is some concern about the additional 15 car parking spaces being proposed bearing in mind that the site is already above the maximum parking standards that now exist. It would be preferred that these spaces not be proposed and the SYPA car parking requirements be populated in existing spaces, however in light of the very special circumstances put forward it is considered that there is some reasoned justification for the acceptance of this proposal. The Police are an important service provider whose operational needs must be considered - it seems unreasonable for the Air Operations Unit to have to continue to park 1km to the west at the main Police Base and it is also accepted that there are no other locations at Sheffield Business Park that would provide the level of security and sensitivity required for their staff.

In light of these circumstances it is considered, on balance, that the applicant has been able to demonstrate special circumstances to justify the additional car parking. However in order to control this use, a condition is proposed which restricts the use of the car park to ensure that it is solely used in connection with the SYPA Air Operations Unit and that use of the land for car parking ceases should the Unit leave the site and move to alternative accommodation.

PART 3: Deed of Variation to Existing S106 Agreements (Not part of the planning application)

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1) Applicant’s Case for Special Circumstances

The applicant has provided details to support their case in regard to retention of the hangars and refer to historic and new ‘very special circumstances’ to justify their case. Variance of the existing S106 agreements is considered necessary to give operators of the site the security of retaining the hangars, whilst allowing for the future implementation of the Blue Skies development.

They refer to the original planning consent for Hangar 1 in 2002 (Ref. 02/00265/FUL) whereby, overall, the current Green Belt position of the hangars was found to be the most viable. Two alternative sites to the west of the Terminal Building, in the airport car park on non-Green Belt land, were considered however studies concluded that these sites were unsuitable on the grounds of safety and loss of car parking.

The operational circumstances have clearly changed at the airport since the hangars were originally granted approval in 2002 and 2003, however there has been evidence provided by the applicant to suggest that their existing position remains the most acceptable. In essence, it is argued that the relationship between the hangars, the future use of the Operations and Business Centre by the SYPA Air Support Unit and the safe management of the Airport Apron still supports their existing position as being the best.

The supporting APD Report states that although an unlicensed aerodrome, the Civil Aviation Authority guidance (CAA) on the operation of helicopters at unlicensed facilities and helicopter landing sites must be applied. The content of this report argues that the existing site is the most acceptable as alternative sites pose certain operational disadvantages and breach a number of safety requirements.

The applicant also considers that the alternative sites would impact on existing car parking and result in the loss of around 100 spaces. Although accepted that these spaces are no longer required for airport passengers, it is argued that the loss of such a quantity would reduce spaces to an unacceptable degree.

Additionally, the applicant has highlighted new additional factors to be considered which include:

Emergency Services Provision (YAA and SYPA Helicopters)

Yorkshire Air Ambulance (YAA), SYPA and Sheffield City Airport are currently developing the concept of a “benchmark emergency services base” at this site, which is deemed a significant benefit to Sheffield and the public. Recently an agreement was reached with YAA to ensure that they retain their second helicopter in Sheffield and not relocate to Leeds Bradford Airport as had been proposed. The continued use of Hanger 2 as a garage for the helicopter was deemed a “necessary facility” as it cannot be stored in the open. Additionally it is intended that there be operational inter-dependence between YAA and SYPA which will be beneficial to both services. Close integration of fire cover, maintenance, security,

176 as well as possibly refuelling, are all currently proposed. It is argued that this integration would not be possible if the hangars were repositioned at the alternative sites.

Additionally, it is advised that Sheffield City Airport and Heliport is much less prone to closure than Leeds Bradford Airport due to fog or inclement weather. The second helicopter at Sheffield is therefore grounded on fewer days than Leeds, which is clearly a significant public benefit.

Continuity and Cost

Relocating the hangars is not considered to be an economically viable solution by the Applicant. It is advised that the cost of building two new hangars would be in the region of £750,000 depending upon the exact location for access and availability of services including water, power, telecommunications and drainage. The annual income from TAMS is £33,000 and the applicant is intending to accommodate YAA free of charge. Therefore, it is argued that relocation is neither economically feasible nor sustainable development to relocate the hangers elsewhere. Continued use at the existing site would eliminate such expense and be more sustainable than demolition and re-build.

Lack of Alternative Sites

In December 2003, planning permission to erect offices associated with the Terminal Building was granted by the Council on an area of the car park land which had been identified as the alternative sites for the hangars in 2002. This permission has not been implemented but remains extant until December 2008 and all conditions have recently been discharged. It is therefore argued that these alternative sites are no longer available for consideration.

Additionally it is argued that another area further to the south-west of the Terminal Building and identified as ‘Area L’ at the time of the Blue Skies application process (Drawing No. 2002-229-340 Rev. B) has been discounted on a cost and amenity basis.

Site Circumstances

The applicant states that whilst some circumstances in this location have changed, the buildings remain in aviation use by helicopters and the physical situation now is little different to that when the permissions for the hangers were originally granted.

2) Assessment of Case

Impact of the Hangars on the Green Belt

The impact of the hangars on the Green Belt must be revisited, and the purposes of including land in it at this location have been highlighted previously in this report.

The hangars exist approximately 50m from the Operations and Business Centre. The area in-between contains a fuel farm and other external storage provision

177 which includes the area designated for the SYPA Air Operations Unit’s proposed car park. The land is hardstanding and it is considered these elements provide a visual link between this 50m gap. The hangars are constructed from materials that match those of adjacent buildings (silver cladding) and they are of a scale that is not out of context for the area or use.

The hangars are visible from the surrounding vantage points but there is considered to be no clearly discernable line which separates the Green Belt land from that which lies outside it at this location.

In essence it remains the view that the hangars, in this context, do not adversely affect the open character of the Green Belt and do not result in the mergence of towns. They are read in conjunction with the adjacent buildings and therefore have visual association with the cluster of existing built form.

Very Special Circumstances

It is considered that there is merit in the applicant’s ‘very special circumstances’ for retaining the hangars and thus varying previous legal agreements. The main justification is considered to surround the fact that the hangars will still be used in conjunction with aviation, provide a base for important emergency services, preserve continuity and eliminate cost.

The original justifications for locating the hangars in the Green Belt, instead of alternative sites, are considered to have now dissolved as they were predominantly focused on the other sites’ conflict with passenger aircraft stands and car parking. These issues are no more as the airport is now unlicensed and passenger flights no longer take place.

It has been confirmed that the hangars will continue to be used in conjunction with aviation and the proposed wording of any new agreement will reflect this. Hanger 1 will be occupied by Total Air Management Services (TAMS) until at least January 2010 (first break clause in lease) and they are a helicopter servicing/engineering maintenance operator who require internal hangar space to maintain helicopters. Accordingly, they need a functional link with an airport/heliport. Hangar 2 will be occupied by the second YAA helicopter which is an important emergency service provider for Yorkshire.

The retention of the YAA helicopter and the proposed development of a “benchmark emergency services base” at the airport is regarded to be another positive factor. The existing and proposed inter-dependence between YAA and SYPA is/will be beneficial to each in terms of fuelling, maintenance, security etc. and it is acknowledge that this base will only work efficiently if the two services are close to each other at the existing facilities on the airfield. It is accepted that removal and repositioning of the hangars would significantly hinder the proposed co-dependence with fuel, maintenance and security measures having to be provided at both locations.

Further to the above, it is considered that the arguments surrounding lack of alternative sites, the benefits of continuity and the cost of creating new sites are

178 noted and whilst not individually overwhelming ’very special circumstances’ it is considered that together they do have legitimacy at the present time. There is an extant permission on the alternative sites, the future users already exist in the hangars and the cost of re-positioning the hangars would be very expensive for little return - especially considering that YAA are occupying one of the hangars for free and are a vital public service. Furthermore, it has been recognised above that the hangars currently appear as part of an existing cluster of aviation activity at this site and do not adversely affect the amenity or open character of the Green Belt setting.

In light of these issues it is considered, on balance, that the applicant has sufficiently demonstrated that there are material considerations that constitute very special circumstances to justify variance to the original 2002 and 2003 S106 legal agreements.

RESPONSE TO REPRESENTATIONS

The objectors material planning concerns, which relate to the Green Belt, alternative sites and historic planning applications have been addressed in this report.

Issues raised regarding the history of the site (relating to its sale and owners), the status of the airport, and leasing arrangements entered into by the owner and lessees are not material planning considerations and cannot be dealt with as part of this application.

SUMMARY AND CONCLUSION

In light of the content of this report, it is concluded that the proposals of this application are, on balance, acceptable.

The proposed extension is located outside the Green Belt and is considered appropriate in terms of size, scale, design and materials. It would not detract from the host Operations and Business Centre and surrounding context, including the adjacent Green Belt land.

The proposed 15 space car park and fuel bowser is within the Green Belt. Whilst not ideal, it is considered that the Applicant has demonstrated that, for reasons of security and sensitivity, there are no other suitable locations for a car parking facility associated with the relocated SYPA Air Operations Unit. Given the nature of this proposal, on existing hardstanding land amidst a cluster of existing buildings and equipment, it is considered that it would not adversely affect the open character of the Green Belt or lead to a mergence of settlements.

With regard to the proposed Deed of Variation, which is not part of the planning application but is relevant to the overall case, there are very special circumstances that require consideration to be given to retaining the hangars in their existing Green Belt location. The location of the hangars is close to a cluster of existing airport buildings that lie outside the Green Belt, and are read in conjunction with these and other external equipment. They do not lead to the merging of

179 settlements, nor do they lead to an unrestricted sprawl across Green Belt land. The buildings are not considered to have an adverse impact upon the open character of the Green Belt.

In this context, whilst the proposal for the new car park space and retention of the hangars is, in principle, in conflict with UDP Policies, the Applicant has provided historic and new material considerations that constitute very special circumstances. When these are balanced with the actual effect of the building upon the Green Belt it is considered that allowance of the SYPA car park and the proposed variance to the existing S106 Agreements are justified.

RECOMMENDATION

PARTS 1 & 2 (application 08/04132/FUL): Extension to the Operations and Business Centre & Creation of 15 car parking spaces and installation of fuel bowser: Grant Conditional subject to referral to the Secretary of State.

PART 3: Deed of Variation to change existing Section 106 Agreements: Agree to revised wording to allow for the retention of the hangars until they are no longer required as hangars in connection with aviation (including helicopters). This is subject to acceptable new wording of Schedule 2 Paragraph 2 (the precise form of which will be advised by the Assistant Chief Executive, Legal & Governance).

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Case Number 08/04232/RG3

Application Type Application Submitted by the Council

Proposal The redesign of Tudor Square, including bin store, terrace, granite paving, improved lighting, seating, water feature in the form of 'Misters', planting beds and the removal of the grass oval and redundant street furniture (amended plans received 10.09.2008)

Location Tudor Square Sheffield S1 2LA

Date Received 05/08/2008

Team CITY CENTRE AND EAST

Applicant/Agent Sheffield City Council

Recommendation Grant Conditionally

Subject to:

1 The development shall be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 Notwithstanding the hereby approved plans, the stepped approach to the lowest section of Ruskins terrace, facing Norfolk Street, shall have been replaced with a level or ramped approach, unless otherwise agreed in writing by the Local Planning Authority.

Full details of this revised approach shall have also been agreed in writing by the Local Planning Authority within 3 months of development commencing and the development shall be carried out in accordance with these agreed details thereafter.

To ensure ease of access and facilities for disabled persons at all times.

3 Within 3 months from commencement of development full details of the following, as relevant, shall have been submitted to and approved in writing by the Local Planning Authority:

- The two forms currently shown as boulders closest to the entrance of both the Lyceum and Crucible Theatres.

181 - Balustrade around the outside seating area on the west wing of the square. - Any new public art, which must include locations. - Final design for raised planters and sculpted benches.

The development shall be carried out in accordance with the agreed details thereafter unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

4 Once development has been completed there shall be no commercial waste/recycling bins stored within Tudor Square.

In order to ensure an appropriate quality of development.

5 Within 3 months from commencement of development full details for the reuse, including locations, of the following existing public art shall have been agreed in writing by the Local Planning Authority:

- Bust of Thomas Bolsover by Richard Perry. - Mosaics set into the paving of the square by Sue Mason.

Once agreed the development shall be carried out in accordance with these details, unless otherwise agreed in writing by the Local Planning Authority.

To preserve the existing public art within the site and in the cultural interests of the City.

6 Before development commences a Construction Management Plan shall have been submitted to and agreed in writing by the Local Planning Authority. Such plan shall have the written agreement of the Lyceum, Crucible and Library Theatres and be designed to reduce impact on these theatres at relevant times.

Once agreed the Construction Management Plan shall be adhered to at all times.

To ensure to operation of the surrounding theatres and responsible practice.

7 Unless otherwise agreed in writing by the Local Planning Authority, no building shall be located over or within 3 (three) metres either side of the centre line of the sewer, which crosses the site.

In order to allow sufficient access for maintenance and repair works at all times.

182 8 Unless otherwise agreed in writing by the Local Planning Authority, no trees shall be planted over or within 5 (five) metres either side of the centre line of the sewer, which crosses the site.

In order to allow sufficient access for maintenance and repair works at all times.

Attention is drawn to the following justifications:

BE16 - Development in Conservation Areas LR3 - Development in Business: Institution: leisure Areas

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

183 Site Location

LOCATION

Tudor Square is bounded by Norfolk Street to the west, Arundel Gate to the east and Surrey Street to the south.

The square, which was remodelled in 1991, houses a number of listed buildings. The Lyceum Theatre (grade two*) and the Graves Art Gallery (grade two) make up the eastern wing of the square and the more recent extensions to the Ruskin Building (grade two) flank the majority of the western wing. The Crucible Theatre, which has recently been listed (grade two), creates a focal point at the northern head of the square. The Crucible Theatre is currently undergoing a major refurbishment, which will include a striking new entrance onto the square.

184 Directly across Surrey Street is the main entrance to the Winter Gardens, which represents a bold and significant break from established architecture within the city. There are also further listed buildings in the surrounding locality, most notably St Marie’s Church and Presbytery (grade two), set across Norfolk Street to the west.

Tudor Square and its surroundings form part of the wider City Centre Conservation Area.

PROPOSAL

Tudor Square is the focal point for a number of buildings that boast historic and modern architectural significance. However, over time the square has become tired and confused in respect of how it operates as a public space, failing to capitalise on its setting. In turn, this has also harmed the way the square functions as a meeting place, and as a setting for public and cultural events, whilst also failing to attract theatre goers before performances and retaining them afterwards.

For the above reasons there has long been a strong desire to not only improve the way the square functions in its own right, but also how it relates to and promotes key cultural venues. It is therefore proposed to carryout substantial works to remodel Tudor Square, which include:

- The removal of the grassed island from the centre of the square. - The complete repaving of the square, which will include spot lights and misters. - The creation of a zoned coherent outside seating area for the A3/A4 units on the western wing of the square. - The replacement of existing street furniture and landscaping, which will include new raised planters with sculptured seating. - The erection of an enclosed bin store to service the A3/A4 units on the western side of the square.

Yorkshire Forward have approved a funding bid of £4.125million to carry out the works.

SUMMARY OF REPRESENTATIONS

The Theatres Trust

‘The Theatre Trust has no objection in principle to the application to redesign Tudor Square as it does not appear to affect the functionality or operation of any of the three theatres surrounding the square. We have no comment to make on the particular design or the concept proposed as it is not part of our remit, but clearly the new design and paving will enhance the environment making it more attractive for theatregoers. We would however suggest that you make it a condition that a Construction Management Plan is drawn up and agreed by the theatre managers.’

185 English Heritage

‘Our specialist staff have considered the information received and we do not wish to offer any comments on this occasion.’

Crucible Theatre

There is concern that the design has changed without adequate notification.

Is access to the Lyceum compromised by the boulders on the corners of the Ruskin and the Lyceum?

The tree shown planted closest to the Crucible on the plans could compromise views of the building, and from the building, as well as any signage.

Conservation Advisory Group (CAG)

The scheme was presented to CAG on 26 August 2008. The group had the following comments:

The group were largely in favour of the granite paving and sandstone, and applauded the organic shapes of the boulder seating. Group members felt the trees should provide a canopy of shade, as this would encourage people to sit in the area.

Access Liaison Group (ALG)

The scheme was presented to ALG on 10 September 2008. The group had the following comments:

- There is a need to present more comfortable/inclusive seats into the square. - The gaps between the planters need to be coordinated with the entrances to the A3/A4 premises to the west of the square. - There should be level access across the outside area of the Ruskin to improve on the current split level. - Would query the isolated boulder outside the Lyceum.

Member of the Public

An individual representation has been received from a member of the public raising the following issues:

- The proposed design is far from remarkable and contains too many gimmicks, which will soon date or fail. - The existing trees should not be removed wholesale as they are not out of keeping with their urban setting. - The loss of so much greenery in the heart of England’s fourth largest city would be a major environmental crime.

186 - The replacement of the grassed area with paving will increase the risk of flooding. - The Council, which is both client and planning authority, and cannot therefore be impartial, has tried to sidestep the planning system. The planning application was prepared and submitted before the Council’s own public consultation process had ended on 15 August 2008. What was the point of staging a fortnight long display of the proposals in the Winter Gardens, or improvements as they were rather grandly called, if the Council had already decided it was going ahead with its own plans, regardless of the outcome of the consultation? At the time the Council submitted the application it could not possibly have known what the views of the Sheffield public would be.

Public Consultation

Public consultation for a redesign of the Tudor Square and its surrounding streets initially took place in 2002. Subsequently three elements of that scheme have been completed:

Norfolk Street - Repaving and improved access. Surrey Street - Repaving, traffic calming and improved parking. Tudor Square - Filling in of car park ramp.

The proposals presented to Members are informed by this earlier consultation, which received strong public support.

A further public consultation event was held in the Winter Gardens between 28 July 2008 and 8 August 2008 to present proposals for the redesign of Tudor Square. These proposals were based on the findings of previous consultation, and feedback was sought on a number of specific details.

The consultation event was publicised by three separate press releases, and was also announced on the City Council web-site, where a copy of the consultation material could be downloaded.

During the first week of the consultation event, the exhibition stand was staffed by City Council officers between the hours of 10am and 4pm. During the second week the stand wasn’t staffed, although officers regularly visited the exhibition to make sure there were enough pens and questionnaires for feedback.

During the first week, a total of 932 people were recorded as having read the material on view whilst the stand was staffed. It should be noted that the Winter Garden is open between the hours of 08.00 to 18.00, so it can be estimated with some confidence that over 2000 people would have seen the proposals. This is in addition to those who viewed the information on-line.

The officers who staffed the exhibition reported that the conversations they had with people attending the exhibition were overwhelmingly supportive of the proposal, which is backed up by analysis of the completed questionnaires below.

187 A total of 302 questionnaires were completed. As the proposals on display were the results of earlier consultations, the questionnaire focused on three issues:

- The overall approach taken - Access to the square and the theatres - Landscaping proposals

The main results of the consultation were as follows:

- 83% of the respondents were in favour of the improvements to the square. - 93% of respondents did not want to see car parking within the square. - The majority of respondents wanted to see a mixture of planting and grass within the raised planting beds.

PLANNING ASSESSMENT

Policy

The site is set within a Business: Institution: Leisure Area as defined within the Sheffield Unitary Development Plan. Policy LR3: Development in Business: Institution: Leisure Areas states that Open Spaces are an acceptable use of land.

Policy BE16: Development in Conservation Areas states that development in such areas should preserve or enhance the character or appearance of the Conservation Area.

Design

The design has undergone a degree of alteration since the planning consent was submitted on 5 August 2008. These alterations have mainly included:

- The use of only one granite colour rather than the two originally proposed, offering a greater unity throughout the square - An increase in and more sporadic approach to the spotlighting within the square - Alterations to the form of the seating, which has been informed by the artist who is charged with designing the street furniture - The inclusion of 3 larger street trees

The overall design concept for Tudor Square is viewed as reflecting the excellent urban realm design standards that have become synonymous with Sheffield, which has included the Peace Gardens and more recently Barkers Pool and the railway station.

The proposal offers a rational and unified concept with a degree of flair and visual interest for users of the space. The street furniture will be set on either side of an open central area, allowing a clear and legible space linking the Winter Gardens with the Crucible Theatre, something that was previously lacking.

188 The square has suffered for some time now with the presence of several large bins stored along its western wing, serving the A3/A4 units. As part of the proposal a new bin store is to be introduced. Although relatively large, the bin store will be constructed in natural sandstone, timber doors and will boast a green planted roof. This is considered to be a commendable solution to a difficult problem and is welcomed.

The introduction of a unified, level outside seating area for the A3/A4 units is viewed as a huge visual improvement to the current jumbled layout.

Further features that help create the overall design approach are discussed in greater detail below.

Landscaping

The scheme offers a number of raised planting beds, which also accommodate sculpted seating. These planters are to be carved from local Pennine sandstone and are designed by artist Stephen Broadbent. The concepts of the planters are taken from the weathered rock forms typical of the Pennine landscape.

The planters vary in size and will contain a mixture of grass, trees and flowers. It is considered that this varied approach will allow people to use the area in different ways. For instance, on a nice summer’s day people can sit on the grassed area and gain shade from the trees.

The scheme has also introduced 3 large oak trees, which are to be planted directly into the ground. These trees will add some variation and also break the raised planters up at points, which will again add interest and options for users of the space. The variety offered by the landscaping designs is aided by the use of spot lighting and misters, which have been used successfully already within the city centre.

The trees that are currently within Tudor Square are not proposed to be retained. Several of these trees are not considered to be in a good state of health; however, this cannot be said for all those within the square. These Alder trees are not viewed as being appropriate for their urban environment, as their natural habitat is more rural, being set close to a river as they seek out water. It is also noted that the trees that are currently in good health will, in all likelihood, require replacement within the next ten years. With this in mind, and given the comprehensive redevelopment proposed, it would seem logical to replace the trees at this point with specimens more suited to this urban environment, oak and birch being chosen for this reason and for their longevity.

Access

The new design will represent a huge improvement in respect of access for all users of the square. At present levels across the square, particularly running from south to north are far from ideal, the scheme will address this issue allowing a level square, as best as possible, with at grade access to all buildings. This at level

189 access is particularly relevant to the A3/A4 units to the western wing, which currently offer haphazard mainly stepped access points fronting the square.

The current square lacks seats that can be comfortably used by all. The new scheme will have a number of timber seats sculpted within the raised planters that offer arm and back rests.

There has been ongoing debate surrounding the provision of parking spaces and drop off/pickup points for Blue Badge Holders in and around the square. This debate is ongoing and it is hoped that an agreement can be reached in the near future. However, the majority consensus is that parking spaces and/or pickup points within the square itself would not be the solution, not least because of the public safety issues that would be created.

Public Art

In respect of new public art, the scheme will introduce a number of features including:

- Raised planter with integrated seating. - Lighting in a variety of forms, including in ground spot lighting and up lighting to trees. - Misters.

The design and quality of these elements have been discussed in greater detail within this report; however the principle of these features as the public art within the scheme is regarded as suitable. It is also hoped that there will be further pieces within the square, possibly taking the form of sculptures. This will be the subject of a planning condition should Members approve the scheme.

In respect of the public art already within the square, the present square contains the work of three artists. All the works were commissioned by Sheffield City Council, funded by J.G. Graves Charitable Trust, in 1991. They are:

Bust of Thomas Bolsover by Richard Perry.

The profile portrait is taken from the only known likeness of Bolsover and commemorates the nearby site of his workshop, where he invented the Sheffield Plate Process. The bust will be repositioned near its existing position, which is believed to be the location of Bolsover’s workshop. The work exploits sunlight and shadow and its exact position will be discussed with the artist to best accentuate this.

Mosaics set into the paving of the square by Sue Mason.

The mosaics are composed of marble terrazzo set into metal frames which are laid into the paving of the square. They vary in size and shape. The marks indicate areas of focus to give a sense of the site to the pedestrian. X-shaped marks, which have a reference to the chalk marks directors make on the stage when planning a performance, indicate the Ruskin Gallery, the Crucible and the Lyceum. The

190 mosaics will be removed and re-laid into the new square. It is envisaged that by setting the mosaics against the new darker granite their presence will be emphasised.

Stone carving on the wall surrounding the centre of the square and tree grilles and railings by Paul Mason.

Marks are incised onto the low walls surrounding the grass area and similar symbols are found on the tree grilles, railings and a half-gate. The stone wall, mosaics, railings and tree grilles celebrate early signs and symbols of communication. Unfortunately for reasons set out below these pieces are not proposed to be retained.

The Portland stone blocks are cut specifically to fit the radius and slope of the square and will thus not fit within the new design.

The new square is carefully modelled to, as far as possible, design out the need for railings for reasons such as ease of movement and visual coherency. Indeed, where protection is needed glass screens will be used to provide visual continuity to the square. It is therefore not proposed to re-use the railings and gate in the new scheme.

The tree grilles do not conform to current Health and Safety requirements (the gaps are too large) and it is not possible to re-use them in the new square.

There is also a plaque on the corner of the Central Library building which commemorates the opening of the remodelled square in 1991 and acknowledges the artworks. It is envisaged that this plaque will be removed and replaced with a hand carved stone plaque to mark the new remodelling of the square, whilst also commemorating the earlier works.

World Snooker

It has been a key consideration that any new design should be capable of accommodating the requirements of the World Snooker Championship held on an annual basis. This includes the provision for BBC wagons that are evident during the event. It is considered that the revised layout will not only provide an improved setting, which will resonate nationally owing to the coverage, but also provide better facilities for the event. A large part of the improved facilities will be due to the improved levels across the square.

Other Functions

Tudor Square at present holds several events (including Santa’s Grotto), many of which have a cultural basis. However, the capacity to house such events is limited by the current topography and design of the square. It is anticipated that improved levels and facilities, which includes the open central area, will allow the space to become much more suitable, at all times of the year. This will also aid in attracting new events in the square, which includes a potential documentary film festival and

191 literacy events. Such events would reinforce the concept of the space and its surroundings, as the cultural heartbeat of the city.

RESPONSE TO REPRESENTATIONS

The Theatres Trust

A condition will be attached to any consent to ensure a Construction Management Plan is agreed between the Local Authority and the theatres, in order to keep disturbance to a minimum.

Crucible Theatre

In respect of changing the proposal without due notification to the Crucible, the alterations are considered to be minor and the Crucible Theatre as a neighbouring property was informed of amendments to the scheme in writing and given a reasonable time period to respond. The Local Authority has also been in contact with the theatre to discuss the issues and hopes it has allayed their concerns.

Access to the Lyceum Theatre will not be compromised by the street furniture. Indeed locations have been carefully chosen to ensure existing access will be retained for the current users and World Snooker.

The tree shown closest to the new entrance of the Crucible Theatre on the earlier plans has been removed as it was considered to harm views of the theatre.

Access Liaison Group

The plan currently shows two steps at the lowest point of the Ruskin Building. These steps are to be removed and a ramped access introduced. This has been agreed between the relevant parties and will be secured through a planning condition.

There are two levels to the new outside seating area serving the Ruskin Building, which are split by three steps. Although it would have been ideal to remove these steps the topography of the square has made this unachievable.

The detail, which appears as an isolated boulder on the plans, outside the Lyceum, is intended to be a piece of public art, possibly a sculpture. Details of this are to be secured through a planning condition and at this point a full assessment will be made in respect of access issues.

Member of the Public

The loss of the grassed area will reduce the capacity of the square to absorb rainwater. However, there is a significant degree of greenery going back into the square, including several large trees, planting and a green roof on the bin store, which counterbalances this loss to an acceptable degree.

192 The submission of the application was informed by earlier public consultation in 2002. The scheme was submitted as a planning application before the more recent consultation was complete. However, this consultation showed overwhelming support for the scheme and the only suggested improvement that being the incorporation of a mixture of planting and grassed areas has been incorporated into the scheme.

SUMMARY AND RECOMMENDATION

Tudor Square has become rundown and fails to capitalise on its unique setting. In turn, this has harmed the way the area functions as a meeting place and as a setting for public and cultural events, whilst also failing to attract theatre goers before performances and retaining them afterwards.

The proposed redevelopment of Tudor Square has undergone two rounds of public consultation, in 2002 and again in 2008. On both occasions the proposals have received overwhelming public support.

The overall design concept for Tudor Square is viewed as reflecting the excellent urban realm design standards that have become synonymous with Sheffield. The design features will include unified paving, raised sandstone planting beds with sculpted seating incorporating grass, trees and flowers, a variety of lighting, including in-ground spot lighting and misters.

The new design will represent a huge improvement in respect of access for all users of the square. At present levels across the square are far from ideal, the scheme will address this issue allowing a level square, as much as possible, and at grade access to all buildings.

The scheme will introduce a variety of new public art into the square, it is also proposed to retain the majority of the existing public art.

The scheme has ensured the requirements of the World Snooker Championship held on an annual basis will be met. Indeed, facilities for this event will be improved owing to the new levels.

It is anticipated that improved levels and facilities will attract new and retain existing cultural and public events within the square. Such events will reinforce the concept of the space and its surroundings, as the cultural heartbeat of the city.

It is therefore recommended that the application is approved.

193

Case Number 08/04264/FUL

Application Type A Full Planning Application

Proposal Erection of 2 dwellinghouses and a bungalow

Location Site Of 31 Smithfield Road Sheffield S12 3JN

Date Received 28/07/2008

Team SOUTH

Applicant/Agent DLP Planning Ltd

Recommendation Grant Conditionally

Subject to:

1 The development shall be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 Before the development is commenced samples of all proposed external materials and finishes, including windows, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

3 Unless otherwise indicated on the approved plans no tree, shrub or hedge shall be removed or pruned without the prior written approval of the Local Planning Authority.

In the interests of the amenities of the locality.

4 Before any work on site is commenced, measures to protect the existing trees, shrubs and hedges to be retained shall be provided, in accordance with details which shall be submitted to and approved by the Local Planning Authority. These measures shall include a construction methodology statement and plan showing accurate root protection areas and the location and details of protective fencing and signs. Protection of trees shall be in accordance with BS 5837, 2005 (its replacement) and the protected areas shall not be disturbed, compacted or used for any type of storage or fire, nor shall the retained trees, shrubs or hedge be damaged in any way. The Local

194 Planning Authority shall be notified in writing when the protection measures are in place and the protection shall not be removed until the completion of the development unless otherwise agreed in writing.

In the interests of the amenities of the locality.

5 Notwithstanding the details shown on the submitted plans, a private garden area to Plot 2 shall be laid out in accordance with details to have first been submitted to and approved in writing by the Local Planning Authority.

In the interests of the amenities of the locality and occupiers of the proposed dwelling.

6 Before work on site is commenced, details of a suitable means of site enclosure shall be submitted to and approved in writing by the Local Planning Authority and the buildings shall not be used unless such means of site enclosure has been provided in accordance with the approved details and thereafter such means of site enclosure shall be retained.

In the interests of the amenities of the locality.

7 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, Part 1 (Classes A to E inclusive), Part 2 (Class A), or any Order revoking or re-enacting that Order, no extensions, porches, garages, ancillary curtilage buildings, swimming pools, enclosures, fences, walls or alterations which materially affect the external appearance of the bungalow to Plot 3 shall be constructed without prior planning permission being obtained from the Local Planning Authority.

In the interests of the amenities of occupiers of adjoining property, bearing in mind the restricted size of the curtilage.

8 Before the development is commenced details of the finished floor levels relative to existing ground levels, shall have been submitted to and approved in writing by the Local Planning Authority.

In the interests of the amenities of the locality and occupiers of adjoining property.

9 The dwellings shall not be used unless the car parking accommodation shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

In the interests of traffic safety and the amenities of the locality.

10 The dwellings shall not be used unless all redundant access have been permanently stopped up and reinstated to footway/kerb and verge, as appropriate, and means of vehicular access shall be restricted solely to those access points indicated in the approved plans.

195 In the interests of traffic safety and the amenities of the locality.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas H15 - Design of New Housing Developments BE5 - Building Design and Siting

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

1. It is noted that your planning application involves the construction or alteration of an access crossing to a highway maintained at public expense.

Assistant Head of Highways Development Services Howden House 1 Union Street Sheffield S1 2SH

For access crossing approval you should contact the Highway Development Control Section of Sheffield City Council on Sheffield (0114) 2736136, quoting your planning permission reference number.

2. The applicant is advised that noise and vibration from demolition and construction sites can be controlled by Sheffield City Council under Section 60 of the Control of Pollution Act 1974. As a general rule, where residential occupiers are likely to be affected, it is expected that noisy works of demolition and construction will be carried out during normal working hours, i.e. 0800 to 1800 hours Monday to Friday, and 0800 to 1300 hours on Saturdays with no working on Sundays or Public Holidays. Further advice, including a copy of the Council's Code of Practice for Minimising Nuisance from Construction and Demolition Sites is available from the Environmental Protection Service, 2-10 Carbrook Hall Road, Sheffield, S9 2DB: Tel - 0114 2734651.

3. The proposed development lies within a coal mining area. In the circumstances applicants should take account of any coal mining related

196 hazards to stability in their proposals. Developers must also seek permission from the Coal Authority before undertaking any operations that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information on any past, current and proposed surface and underground coal mining activity to affect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk.

4. Section 80 (2) of the Building Act 1984 requires that any person carrying out demolition work shall notify the local authority of their intention to do so. This applies if any building or structure is to be demolished in part or whole. (There are some exceptions to this including an internal part of an occupied building, a building with a cubic content of not more than 1750 cubic feet or where a greenhouse, conservatory, shed or pre-fabricated garage forms part of a larger building). Where demolition is proposed in City Centre and /or sensitive areas close to busy pedestrian routes, particular attention is drawn to the need to consult with Environmental Protection Services to agree suitable noise (including appropriate working hours) and dust suppression measures.

Form Dem 1 (Notice of Intention to Demolish) is available from Building Standards, DEL, Barkers Pool House, Burgess Street, Sheffield S1 2HF. Tel (0114) 2734170

Environmental Protection Services can be contacted at DEL, 2-10 Carbrook Hall Road, Sheffield, S9 2DB. Tel (0114) 2734651

5. The applicant is advised that the carrying out of any works to the existing trees, hedges or shrubs within the site, which are works authorised by this permission will constitute the commencement of work on the development. The unauthorised removal of any tree, hedge or shrub or any other works which threaten their future vigour and quality, may result in breach of condition action. It could also mean that the development is materially different from that which has permission and may be liable to enforcement action and the submission of a new planning application may be required.

6. From the 6th April 2008, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 2008 require that all requests for confirmation of compliance with planning conditions require a fee payable to the Local Planning Authority. An application to the Local Planning Authority will be required using the new national standard application forms. Printable forms can be found at www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

197 7. The Council is responsible for allocating house numbers and road names to both new developments and conversions of existing buildings. Developers must therefore contact the Council’s Street Naming and Numbering Officer on (0114) 2736127 to obtain official addresses for their properties as soon as construction works commence.

Site Location

LOCATION AND PROPOSAL

The site lies at the junction of Smithfield Road with Oak Road and is currently occupied by a detached Victorian dwelling which is 2 storeys with rooms in the roof space. It has frontages of approximately 19 metres to Smithfield Road and 42 metres to Oak Road and an area of approximately 840m2. Each frontage has a vehicular access.

198 The surrounding area is characterised by a range of detached, semi-detached and terraced dwellings of varying ages but predominantly later than No. 31 Smithfield Road. No particular style of dwelling dominates although most buildings are of brick or brick/render construction. Garden shapes and sizes vary considerably throughout the area. Two storey dwellings adjoin and lie opposite the site in Smithfield Road and the adjoining dwelling in Oak Road is also 2 storeys in height. A bungalow lies opposite the site in Oak Road. Oak Road is closed to traffic at a point outside the application site beyond the means of vehicular access to the existing dwelling. There are no footways to this section of Oak Road and there are semi-mature trees and bollards where the road has been closed.

The application involves the demolition of the existing dwelling and its replacement with a pair of semi-detached two storey dwellings fronting Smithfield Road and a detached bungalow fronting Oak Road. A garage and single driveway is proposed to serve each dwelling.

RELEVANT PLANNING HISTORY

There are no previous applications relating to this site and no similar applications in close proximity to the site.

SUMMARY OF REPRESENTATIONS

A resident who lives directly opposite the site has made the following representations:

- Oak Road is less than 7m wide – narrows to 3m where new access is proposed – not wide enough for 2 vehicles to pass - No footways – busy pedestrian walk through - If new owners park on the road, the access to No10 Oak Road will be blocked - Unclear as to whether road is proposed to be re-opened

PLANNING ASSESSMENT

Policy

The site lies within a Housing Area as defined in the adopted Unitary Development Plan (UDP). The UDP Policies most relevant to the consideration of this application are:

H10 (Development in Housing Areas) H14 (Conditions on Development in Housing Areas) H15 (Design of New Housing Developments) BE5 (Building Design and Siting)

National planning guidance in PPS3: Housing is also relevant.

199 Principle and Density

The proposals represent a ‘preferred’ use (Housing – Class C3) in accordance with UDP Policy H10.

PPS3 requires Local Authorities to develop housing density policies having regard to policies included in the Regional Spatial Strategy (RSS). The UDP does not specify housing densities and no weight can be attached to densities specified in the emerging Local Development Framework (LDF) at the present time.

The existing single dwelling represents a density of 11.9 units per hectare. The proposals represent a density of approximately 35.7 units per hectare, which exceeds the minimum 30 units/ha specified in PPS3 and represents the efficient use of a brownfield site. The density is therefore considered acceptable in principle, subject to meeting the criteria of the relevant UDP Policies.

Design and Layout

The proposed layout breaches the main building lines in both Oak Street and Smithfield Road. The agent has agreed to delete a 6m wide element of the proposed bungalow which originally projected some 4m forward of the established building line of the dwellings in Oak Road. The front elevation will be virtually in line with the adjoining detached dwelling at No15 Oak Road. Plans showing the amendment are expected prior to the Board meeting. This amendment has resulted in the loss of the integral garage which is now proposed to be replaced by a bedroom in order to maintain 2 bedrooms in the bungalow. This leaves the bungalow with a single off street car parking space.

The proposed dwelling nearest the road junction will breach the same building line by approximately 3.6m although the main line of the front elevation is only approximately 2m forward. The Smithfield Road building line will be breached by up to 3.5m.

It is evident that there are a number of significant breaches of the building lines in Smithfield Road and the surrounding streets, including on the opposite side of Oak Road around the junction with Charnock Crescent. The existing development on the site includes a small detached outbuilding that directly abuts the Oak Road boundary and the existing dwelling itself is at a slight angle and up to 1m forward of the building line in Oak Road. The existing building is also up to 1.5m forward of the building line in Smithfield Road.

Development at all corners of the road junction follows no obvious pattern with separation from the highway being in varying degrees. In the circumstances, the development will be prominent at the road junction and will be prominent in views towards the junction from Oak Road. However, having regard to the varying pattern of development in the area, the breaches of the building lines are considered acceptable in this instance.

The dwellings are individually designed and comprise 2 storey, 1½ storey and single storey units. This is consistent with the mixed house styles in the area and

200 is a significant improvement on pre-application proposals which included a terrace of 3 x 3 storey dwellings. The overall height of the 2 storey dwelling is comparable to the existing dwelling. The principle elevation of this unit will face Oak Road with main room windows successfully turning the corner in Smithfield Road. Red brick and red tiled roofs are proposed. There is a discrepancy between the detail shown on the plans and in the Design and Access Statement in terms of opening treatments. Details can be conditioned.

In view of the above, the proposals comply with Policies BE5 and H14(a).

Sustainability

The site is reasonably accessible, being within walking distance of services at Gleadless Townend and public transport routes. The development represents an efficient use of land although it may be more efficient to re-use the existing building and restrict new development to the rear portion of the site. There is no consideration of energy efficiency or renewable technologies within the submission.

Residential Amenity

There will be approximately 12m between the front elevations of the dwellings and the front elevation of the dwelling opposite the site in Smithfield Road. This reduces the existing separation by approximately 1.5m at first floor level and approximately 2.5m at ground floor level. Whilst not ideal, the distances are considered acceptable between front elevations in a street scene where there are similar relationships. A mature hedge to the front of the dwelling opposite will screen views from the ground floor living room window. Normal privacy distances are comfortably exceeded between the proposed and other existing properties.

The bungalow will have a rear garden of only 6m length. However, this garden is south facing and will have an area of approximately 90m2. Such provision is adequate in terms of space and should provide a reasonable level of amenity for future occupiers. The rear boundary is well screened which will protect against overlooking of the adjoining rear garden area from the single storey dwelling.

The private garden areas to the corner dwelling is small (approx 58m2) but meets minimum guidelines. Some realignment of access from the driveway will improve the quality of the space and can be conditioned. The remaining plot has a relatively generous private garden space.

Overall, adequate residential amenity can be provided/maintained and the proposals comply with Policies H14 and H15.

Highway Matters

Two parking spaces are proposed to serve each dwellinghouse. Car parking provision for the bungalow has been reduced to one space as a consequence of amendments required to maintain a satisfactory building line. There is no evidence of parking problems in Oak Road and one space is considered sufficient to serve

201 the modest 2 bedroom property. The level of car parking is appropriate to serve the development.

SUMMARY AND RECOMMENDATION

The proposed development replaces a single dwelling on a corner site and represents an efficient use of brownfield land in a reasonably sustainable location. House types in the area vary considerably and there is no strong rhythm to development around the Smithfield Road/Oak Road junction. The proposed development responds adequately to the context despite breaching the relatively weak building lines around the road junction. Amendments to the proposed bungalow have been negotiated to prevent breach of the stronger building line in Oak Road.

The scale of buildings is in keeping with the area and adequate residential amenity can be provided and maintained. There is adequate car parking to serve the dwellings.

Overall, the proposals comply with relevant UDP policies and national planning policies and it is recommended that planning permission is granted subject to conditions.

202

Case Number 08/04440/CHU

Application Type Planning Application for Change of Use

Proposal Use of creche as cafe and sandwich bar (Use Classes A3 & A5)

Location Creche The Oasis Meadowhall Centre Meadowhall Way Sheffield S9 1EP

Date Received 07/08/2008

Team CITY CENTRE AND EAST

Applicant/Agent Drivers Jonas (Leeds)

Recommendation Grant

Subject to:

1 The development shall be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

Attention is drawn to the following justifications:

S8 - Development at Meadowhall S11 - Design of Retail Development

This informative is intended as a summary of the reasons for grant of planning permission.

203 Site Location

LOCATION AND PROPOSAL

The site consists of a former crèche located adjacent to the Oasis food hall within the Meadowhall shopping complex. The unit is located adjacent to a public entrance and to The Lanes area of small shops.

It is proposed to change the use of the unit to a café and sandwich bar. As the unit is within the complex and has no outside elevations, details such as shop fronts are not within the control of the Local Planning Authority.

RELEVANT PLANNING HISTORY

None

204 SUMMARY OF REPRESENTATIONS

None received

PLANNING ASSESSMENT

Policy Issues

Meadowhall is a Regional Shopping Centre as defined in the Unitary Development Plan. In Policy S8 ‘Development at Meadowhall’ food and drink outlets are acceptable. Policy S11 encourages the provision of crèches for staff.

The conversion of the former crèche to a food and drink unit relates to a relatively small unit and as such would not adversely affect the vitality and viability of the City Centre. Although crèches are encouraged in buildings used by the public and for staff, such as Meadowhall, the crèche has been closed and was not part of the original Meadowhall facilities, and the operator cannot be compelled to provide such facilities. The current crèche was closed following the floods of June 2007 and the Local Planning Authority has been advised that it was not well used. A crèche is available at The Source adjacent to the Meadowhall South Tinsley SuperTram stop. This crèche is available for staff and members of the public to use. An application for a child play facilities structure in the Lower Mall Atrium, in part to replace the closed crèche, is the subject of an application submitted separately (08/04436/FUL) and yet to be determined.

The proposal will not affect the external appearance of the building.

SUMMARY AND RECOMMENDATION

Taking the above into account it is considered that the proposal does not contravene Policies S8 and S11 of the Unitary Development Plan. It is therefore recommended that the Area Board approve the application.

205