SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate

REPORT TO CITY CENTRE SOUTH AND EAST PLANNING DATE 15/12/2008 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

CONTACT POINT FOR Lucy Bond TEL 0114 2734556 ACCESS NO:

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

Application No. Location Page No.

08/05624/CHU 16 Arundel Gate 7 Sheffield S1 2PP

08/05528/FUL The Plaza 13 8 Fitzwilliam Street Sheffield S1 4JB

08/05355/CHU 224 - 230 London Road 23 Sheffield S2 4LW

08/05352/RG3 Bents Green Playing Fields 29 Ringinglow Road Sheffield S11 7TD

08/05351/CHU 21 Nile Street 40 Sheffield S10 2PN

08/05344/FUL 179 Warminster Road 44 Sheffield S8 8PP

08/05326/CHU 659 Staniforth Road 51 Sheffield S9 4RD

08/05301/FUL 12-14 Staniforth Road 56 Sheffield S9 3HB

08/05295/CHU 12 Ridgeway Road 61 Sheffield S12 2SS

3 08/05113/OUT Lynthorpe House 66 86 Charlotte Road Sheffield S1 4TL

08/05107/FUL Petrol Filling Station 80 83 Birley Moor Road Sheffield S12 4WG

08/05079/OUT Land Between Dun Street And Dun Fields 94 Green Lane Shalesmoor Sheffield

08/05057/FUL Land Adjacent To 24 109 Bassledene Road Sheffield

08/05026/FUL Site Of 54 119 Dorset Street Sheffield S10 2FX

08/04935/CAC Toledo Works 134 79-81 Hollis Croft City Centre Sheffield S1 4BG

08/04926/FUL Toledo Works 136 79-81 Hollis Croft City Centre Sheffield S1 4BG

08/04870/FUL 79 Dore Road 156 Sheffield S17 3ND

4 08/04806/FUL Curtilage Of 135 Dore Road 169 Sheffield S17 3NF

08/03012/FUL Yorkshire Co Op Society Car Park 182 Beeley Street Sheffield S2 4LP

08/02594/OUT Land And Buildings At Weir Head Carbrook 188 Street Meadowhall Way Meadowhall Drive And Weedon Weedon Street Sheffield

08/02555/FUL Site Of 301 Brincliffe Edge Road 215 Sheffield S11 9DA

08/01563/LBC Sheaf Quay 225 1 North Quay Drive Victoria Quays Sheffield S2 5SW

08/01562/FUL Sheaf Quay 230 1 North Quay Drive Victoria Quays Sheffield S2 5SW

00/00689/FUL (Formerly Land Adjoining 242 9A/0157P) Meetinghouse Croft Sheffield

5 6 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: 15/12/2008

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 08/05624/CHU

Application Type Planning Application for Change of Use

Proposal Permanent use of building as hot food takeaway (Class A5) (re-submission of 08/00142/CHU)

Location 16 Arundel Gate Sheffield S1 2PP

Date Received 18/11/2008

Team CITY CENTRE AND EAST

Applicant/Agent Mr P Pternitis

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 unit shall be used for the above-mentioned purpose only between 06.00 hours and 20.00 hours on any day.

In the interests of the amenities of the locality.

3 The internal refuse storage shown within the approved plans shall be retained for the sole purpose intended at all times

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

4 At no time shall bins be stored externally.

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

5 The preparation of hot food on the premises shall be limited to the use of a domestic oven, toasters, microwave ovens, a bain-marie and similar domestically scaled items of food heating equipment.

In order to define the permission and to acknowledge that the existing future extraction equipment is only designed to deal with small scale equipment.

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.

S3 - Development in the Central Shopping Core S10 - Conditions on Development in Shopping Areas BE16 - Development in Conservation 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 is advised that the erection of future external extraction equipment would require further planning consent.

2. The applicant is advised that for the purposes of health and safety the walls to the internal bin store must be coated in a smooth surface, in order to allow these areas to be wiped down easily.

3. The applicant is advised that for the purposes of health and safety the door separating the kitchen area from the internal bin store should as much as it is practicable be kept closed.

Site Location

INTRODUCTION & PROPOSAL

Temporary consent was granted on 18 March 2008 for a period of two years to use 16 Arundel Gate as a Hot Food Takeaway (A5). A temporary consent was given in order to understand if the applicant could achieve suitable arrangements for internal refuse storage.

This application now seeks to make this use permanent.

LOCATION

This recessed ground floor unit forms part of a large office block with shop units below facing Arundel Gate. It was formerly a travel agent and had been vacant for

9 some time before the current occupier moved in earlier this year. The upper floors are built overhanging the footway providing shelter for pedestrians.

The site is set within the City Centre Conservation Area.

RELEVANT PLANNING HISTORY

Temporary consent was granted on 18 March 2008 for a period of two years to use the premises as a Hot Food Takeaway (08/00142/CHU).

PLANNING ASSESSMENT

Policy

The site lies within the Central Shopping Area in the Unitary Development Plan (UDP). Policy S3: Development in the Central Shopping Area lists Hot Food Takeaways as a preferred use. In this respect, the principle of the land use is deemed acceptable.

Policy S10: Conditions on Development in Shopping Areas sets out a number of conditions that should be met for new development or change of use applications to be deemed acceptable. The more pertinent requirements in this instance are:

- New development or changes of use should not cause residents or visitors in any housing or similar use to suffer from unacceptable living conditions.

- New development or changes of use should be adequately served by public transport.

Policy BE16: Development in Conservation Areas states that the character or appearance of the conservation area should be preserved or enhanced.

Refuse Storage/Collection

The applicant has provided space to store a modern wheelie bin inside the premises. Arrangements have also been entered into with the operator for the bins to be collected every second day.

Environmental Health have visited the site and are content with the internal bin store, subject to a few minor alterations, which will be further conveyed to the applicant as directives should consent be forthcoming.

It is considered that the amount of provision, coupled with the frequent collection, is acceptable.

Extraction

The unit only has limited cooking equipment as a result of the limited percentage of hot food produced on the premises. This chiefly includes a domestic hob oven, a toasted sandwich machine and a small baked potato oven.

10 Owing to these minimal facilities, the need for large external extraction flues, which would normally be associated with A5 uses, is avoided, and the internal extraction already in place is deemed acceptable.

A condition will be attached to any permanent consent limiting the cooking equipment on the premises to a more domestic scale, given the current extraction. Should the sale of hot food intensify in the future then the applicant would need to seek to vary this condition and at that point any new extraction equipment could be agreed, although this equipment would require a new application in its own right.

Impact on Conservation Area

The proposal includes no external alterations. Should external extraction equipment be needed in the future then a fresh consent would be required and the impact on the conservation area would be considered at that time.

Noise

There are no residential uses in the immediate proximity of the unit. Further to this, the background noise levels in this bustling city centre area are considered to be relatively high.

The temporary consent restricted the hours of use to between 07.00 hours and 20.00 hours on any day. The applicant has requested these hours be extended to 06.00 hours and 20.00 hours on any day. Given the above noise considerations, this is considered reasonable.

Highways

As the site is set within a city centre location it is accessible by several modes of public transport. Further to this, given the nature of the use, it is highly unlikely that it will act as a trip generator in its own right, with users already being in the vicinity of the development.

SUMMARY AND RECOMMENDATION

A Hot Food Takeaway is a preferred use within the UDP. In this respect, the principle of the land use is deemed acceptable.

The combination of an internal bin store and the frequency of refuse collections results in the refuse facilities being regarded as acceptable.

The unit provides suitable extraction for the modest cooking equipment being used within the premises. It is recommended that a condition is attached limiting this cooking equipment given the current extraction.

Given the location and surrounding uses being commercial, it is not deemed unreasonable to allow the hours of opening to be extended to 06.00 hours and 20.00 on any day.

11 Grant Conditionally.

Case Number 08/05528/FUL

Application Type A Full Planning Application

Proposal Application to remove condition 1 of planning permission 06/03155/CHU to allow the permanent provision of an outside seating area on part of the ground floor of the plaza (excluding units 1 and 2 and in connection with the A3/A4 uses) between 0800 - 2230 hours on any day (application under Section 73)

Location The Plaza 8 Fitzwilliam Street Sheffield S1 4JB

Date Received 06/11/2008

Team CITY CENTRE AND EAST

Applicant/Agent Devonshire Green Holdings 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 Within two months of this decision, details of a management strategy for each unit shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall include:

(a) A management regime to include details of staff monitoring of the outside seating area; (b) Details of furniture storage.

The scheme shall be implemented in accordance with the approved details.

In the interests of the amenity of the area.

3 The external seating areas identified on the approved plan (2327 Rev F received 25.10.06) shall only be used between the hours of 0800 and 2230 hours on any day and the furniture shall be stored away by 2300 in accordance with the details required by Condition 2(b).

In the interests of the amenity of the area.

4 Within two months of this decision, further details of seating arrangements to ensure a clear route to the entrance of each unit to ensure accessibility for all shall be submitted to and approved in writing by the Local Planning Authority. The seating layout shall then be implemented in accordance with the approved details and thereafter retained.

To ensure that the units are accessible to all in accordance with Policy BE7 of the UDP.

5 Amplified sound or live music shall only be played within Units 3, 8/9, 10, 13, and 15 in such a way that noise breakout to the Plaza or the street does not exceed: a) background noise levels by more than 3 dBA when measured as a 15 Minute LAeq, and b) any octave band centre frequency by more than 3dB when measured on a 15 minute Leq, when measured at the facade of the buildings opposite.

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

Attention is drawn to the following directives:

1. The applicant is advised that condition Nos 2 -5 were imposed by planning permission No. 06/03155/CHU and are reproduced on this notice to provide you with a complete record of all conditions, regardless of whether some may have already been discharged.

Site Location

LOCATION AND PROPOSAL

The Plaza is the ground floor retail/commercial centre within the West One complex. West One is prominently located fronting Fitzwilliam Street to the east, Cavendish Street to the West and Convent Road/Glossop Road to the north. There are currently twelve units facing onto The Plaza, and a thirteenth located at the junction of Convent Walk and Cavendish Street. Of the 13 units, at least six are presently used as a restaurant, café or bar (Use Class A3 or A4) with the remainder comprising either A1 retail units or currently vacant.

This is an application under Section 73 of the Town and Country Planning Act 1990 to remove Condition 1 of planning permission 06/03155/CHU, which granted temporary consent for the change of use of part of the Plaza to provide outdoor

15 seating to Unit 3 (Bar 23), Unit 8 and 9 (Las Iguanas), Unit 10 (Antibo) and Unit 15 (formerly Utopia). Condition 1 of 06/03155/CHU specifically states that:

The use shall cease on or before the 13th of November 2008 unless otherwise authorised in writing by the Local Planning Authority.

The condition was imposed on order to allow a temporary time period in which to assess the use and the impact of the outdoor seating on the amenity of nearby residents.

In applying to remove Condition 1, the applicant is seeking consent for the permanent provision of an outside seating area on part of the ground floor of the Plaza in accordance with the seating layout approved as part of planning application 06/03155/CHU and in accordance with the remaining conditions imposed as part of that consent, which are as follows:

Condition 2: A management strategy and details of furniture storage;

Condition 3: A restriction on the hours of use of the outside seating to between the hours of 0800 and 2230 hours on any day with a requirement that the furniture is stored away by 2300; Condition 4: a requirement that the seating arrangements are such that a clear route to the entrance of each unit is retained to ensure accessibility for all and;

Condition 5: that amplified sound or live music shall only be played within Units 3, 8/9, 10, 13, and 15 in such a way that noise breakout to the Plaza or the street does not exceed: a) background noise levels by more than 3 dBA when measured as a 15 Minute LAeq, and b) any octave band centre frequency by more than 3dB when measured on a 15 minute Leq, when measured at the facade of the buildings opposite.

These conditions would remain in operation.

It is relevant to note that this application relates only to those five units included as part of planning application 06/03155/CHU comprising Unit 3 (Bar 23), Unit 8 and 9 (Las Iguanas), Unit 10 (Antibo) and Unit 15 (formerly Utopia. The outdoor seating to Units 1 and 2 (Vodka Revolution) was the subject of a separate application and was excluded from 06/03155/CHU. Units 11 and 12 (retail units) were also omitted from the 2006 application on the basis that they were in retail use and that the Plaza was considered too narrow in these locations.

RELEVANT PLANNING HISTORY

There is an extensive planning history relating to the West One City Plaza, the most relevant of which is summarised below:

08/04888/FUL: Change of use from retail unit (Unit 12) to restaurant (Use Class A3) including provision of louvres to front elevation. Decision Pending.

16 06/03270/CHU: Use of Plaza adjacent to Units 8 and 9 (Las Iguanas) for outdoor seating. The operator of Las Iguanas submitted a separate application for outdoor seating and requested that it be determined separately from wider Plaza application. It proposes 12 tables and is currently awaiting determination. This was subsequently approved on 28/1106 subject to the same conditions as application 06/03155/CHU including the imposition of Condition 1, which requires that the use shall cease on or before the 13th of November 2008 unless otherwise authorised in writing by the Local Planning Authority.

06/03155/CHU: Use of part of ground floor of Plaza for outside seating area to be used in connection with the A3/A4 uses (as amended plans received 25.10.06) Approved: 13.11.2006 for a temporary period of 2 years, which expired on 13.11.2008.

It is relevant to note that a Breach of Condition Notice was issued on 14/1/2008 in relation to Conditions 2, 3 and 4 of planning permission 06/03155/CHU in relation to a management strategy, details of seating arrangement and restrictions on amplified sound but these matters have subsequently been resolved.

06/02865/CHU: Use of Plaza adjacent to Units 1 and 2 (Vodka Revolution) as an outdoor seating area with 8 tables. This application was approved by the City Centre, East and South Planning Board on 06/03/07

06/02884/CHU: Change of use of Units 11 and 12 from retail (Use Class A1) to Uses A3 + A4 (restaurant and drinking establishment). This application was refused by Planning Board on 2/10/2006 on the basis that additional food and drink uses within the Plaza would lead to unacceptable noise and disturbance.

06/02190/FUL: Variation of condition no. 2 (as imposed by planning permission 05/03077/FUL) to extend the opening hours of the bar/restaurant at Unit 3 (Bar 23) until 0000 hours. Approved 22/8/2006.

05/03077/FUL: Use of Unit 3 as restaurant (Class A3) and bar (Class A4) with a 2300 hours closing time. Approved: 23/9/2005.

05/01183/CHU: Use of Unit 3 and part of Unit 2 as restaurant (Class A3) Approved 19/7/2005 (2300 hours closing time).

03/01573/CHU: Outside seating areas in association with Class A3 uses (food and drink) within the Plaza. Approved 5/8/2003.

Conditions were imposed requiring the seating areas to units 1 and 2 to be used only between 0900 hours and 1930 hours on any day and, at units 8/9, 10, 13 and 15 to be used only between 0800 hours and 2230 hours on any day.

17 00/01269/FUL: Erection of flats, basement car parking, retail units (A1), offices (A2), restaurants/bars (A3), leisure (D2) medical centre (D1) and crèche (D1) (amended scheme). Approved 22/02/2001.

The following two applications relate to Vodka Revolution (Units 1 and 2) and although not part of this application, the details are provided for information:

08/05162/FUL: Extension of opening hours to Vodka Revolution to 0800-0030 hours Monday-Saturday and 0900-0030 hours Sundays and public holidays (Application under Section 73 to vary condition No.20 hours of use imposed by 00/01269/FUL. This application relates to the hours of use within the bar itself and does not relate to the areas of outdoor seating. Decision Pending.

06/02865/CHU: Units 1 and 2 (Vodka Revolution): Temporary outside seating area for Class A3 (Restaurants and Cafes) and A4 purposes (Drinking Establishments) between 0900 and 2230 hours daily (amended description) Approved: 05.03.2007 for a temporary period which expired on 13th November 2008.

SUMMARY OF REPRESENTATIONS

The application has been advertised by means of direct neighbour notification including over 130 residential units within the West One complex. No representations have been received at the time of the drafting of the Board Report. Any subsequent representations received will be reported directly to Members at Planning Board.

PLANNING ASSESSMENT

This application seeks the permanent provision of an outdoor seating area within the Plaza in connection with five of the thirteen units (four premises) that presently operate as restaurants/bars/cafes – Unit 3 (Bar 23), Units 8 and 9 (Las Iguanas), Unit 10 (Antibo) and Unit 15 (formerly Utopia). There are three principle issues to consider in the determination of this proposal:

- Principle of development: policy and land use; - Impact of the proposal on the amenity of adjacent occupiers; - Access issues;

The Council is also required to consider responses received as a result of the consultation exercise.

Policy and Land Use

Within the Adopted Unitary Development Plan (UDP) the site of the Plaza lies partly within the Central Shopping Area and partly within a Housing Area. It also falls within the City Centre Housing Priority Zone.

18 Policy S3 of the UDP relates to development in the Central Shopping Area and advises that shops (A1), food and drink, offices and housing are preferred uses. Policy H10, which relates to development within Housing Areas, identifies housing as the preferred use although a range of other uses including small shops and food and drink outlets are also deemed acceptable. In respect of the City Centre Housing Priority Zone, Policy H2 of the UDP identifies the City Centre as one of the main locations for housing development whilst Policy H12 promotes housing in the City Centre where it would create new sustainable communities that would not suffer from unacceptable living conditions, including air pollution, noise or other nuisance or risk to health and safety.

The UDP pre-dates the approval and construction of West One and it is for this reason that the Plaza lies within both the Central Shopping Area and a Housing Area. However, West One was intended as a mixed-use development that incorporated both housing and commercial uses at ground floor. This application relates only to the provision of outdoor seating areas, which are required in connection with the use of four units within the plaza as bars/restaurants and cafes (Use Classes A3 and A4). These units have been operational as restaurants/bars/cafes for some time and the principle of their use is not an issue for consideration as part of this application, albeit that they are entirely appropriate within this location. Given that the provision of outdoor seating is ancillary to the main use of the Units, the principle of external seating is also considered entirely in accordance with current planning policy.

West One lies within the Devonshire Quarter and the Urban Design Compendium notes the vision for this area is to create a vibrant urban village with a mix of uses. It is also relevant to acknowledge the City Centre Living Strategy, adopted by the Council in April 2004, which seeks to address the shape and direction of residential development within the City Centre. Section 4.8 of the CCLS relates to the living conditions for residents and acknowledges the possible tension between housing and night-time uses.

Guideline 10 of the CCLS relates to the residential amenity of residents in relation to extension of hours to food and drink uses and notes that in certain Quarters, the amenity of residents during night-time hours is considered to be important. Within the Devonshire Quarter, the guidance recommends that bars only open until 0030 and restaurants to 0100. The CCLS guidelines pre-dated the most recent licensing laws and did not anticipate the current licensing situation. However, in October 2005 the Council adopted Interim Planning Guidance on Night Time Uses, 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 identifies two areas where time limits should be placed, in the Heart of the City/Cathedral and the Broomspring Area of the Devonshire Quarter. This application lies within the Broomspring Area of the Devonshire Quarter where it is determined that hours of use should be specifically restricted to no later than 12.30am. Whilst this is not an hours of use application, it is relevant to acknowledge that this area is a late-night location and the principle of outdoor seating is also considered to contribute to the vitality of the City Centre.

19 Impact on the amenity of adjoining residents

Policy S10 of the UDP relates to development in shopping areas and seeks to establish a set of criteria for acceptable development in relation to new development or change of use. In this regard, S10 (b) advises that such proposals must not cause residents to suffer from unacceptable living conditions. It is also noted in Policy H10 that food and drink outlets must be carefully sited as they can cause problems for people living nearby and in this regard, Policy H14 (k) (Conditions on development in Housing Areas) permits non-housing uses that would not lead to air pollution, noise, smell, excessive traffic levels, or other nuisance or risk to health and safety for people living nearby.

It is acknowledged that West One was intended as a mixed-use development and bars and restaurants within the Plaza are important in this regard, adding to the vitality and viability of the complex as a whole. However, this must also be balanced with preserving an acceptable level of residential amenity for existing residents within West One.

Outdoor seating within the Plaza has been operational since planning permission was granted in 2003, which permitted outdoor seating to Units 1 and 2 (now Vodka Revolution) between the hours of 0900 and 1930 and to Units 8/9 (Las Iguanas), 10 (Antibos), 13 and 15 (Utopia) between the hours of 0800 and 2230. The 2006 application varied from this previous approval in omitting seating to Units 1/2 (subject to a separate application) and to Unit 13 but instead securing outdoor seating to Unit 3 (Bar 23).

As part of the assessment of the 2006 application, which this application now seeks to amend, it is relevant to note that the Council’s Environment Protection Service considered the proposal for outdoor seating in the context of the potential for noise and disturbance. EPS advised at that time that they had no objection to the principle of outdoor seating within the Plaza, subject to a condition restricting the hours of use to 2300. At that time, EPS also provided a list of complaints relating to the units within West One for a three-year period between August 2003 and July 2006. Within that period, 9 complaints were received of which two (received in June and July 2006) related specifically to noise form customers using the external seating area. The remainder referred to issues of odour, general noise and noise in relation to an extract fan at Antibos. Complaints regarding general noise and disturbance are not recorded, as they cannot be addressed by EPS.

Following the approval of application 06/03155/CHU in November 2006, EPS advise they have received only one formal complaint in connection with the Units that form part of this application as detailed below:

Bar 23 - One complaint received on 11/7/08

EPS advise, however, that there are regular exchanges between themselves and the complainant(s) to advise whether the noise was reasonable or excessive from patrons using the external areas and it is on this basis that the above complaint has been recorded. The complaints include people’s voices talking, laughing, and

20 shouting when using mobile phones, music from inside the premises and/or car stereos in near by car parks and adjacent streets, patrons congregating outside the premises for smoking, drinking purposes and when leaving the premises at closing time. The furniture being stacked and dragged inside late in the evening is also an additional noise source.

EPS note that with respect to patrons outside the premises, it is more difficult to control but the management of the various licensed premises have the responsibility to nearby neighbours under the Licensing Act 2003 to ensure that public nuisance doesn’t occur within their vicinity. However, in response to this application, EPS advise that the principle of allowing permanent seating to the hours of 22:30 throughout the week with furniture to be stored by 2300 would be satisfactory in their view and would have little impact on the noise climate of the surrounding area due to the operation of other bars, clubs and takeaways open until 02:00 hours and beyond, people dispersing from licensed premises within the vicinity using West One Plaza and Fitzwilliam Street as a route towards other parts of the city centre and high levels of traffic noise especially from taxis until the early hours of the morning.

On balance, it is considered that the proposed outdoor seating areas add to the vitality and vibrancy of the Plaza and is appropriate within this mixed-use city centre location. It is also reasonable to assume that residents within city centre locations cannot expect suburban standards of quietness, especially at night although it is still necessary to have regard to their amenity.

In considering the permanent provision of external seating within the Plaza, it is also important to note that the seating will still be subject to the remaining conditions of application 06/03155/CHU including a restriction on the provision of seating between the hours of 0800 to 2230 with all seating to be removed by 2300 and the requirement to comply with a management strategy. With regard to the latter, it is relevant to note that in seeking to discharge Condition 2 (details of a management strategy) of 06/03155/CHU Devonshire Green Holdings (the applicant) confirmed the following:

- Outdoor tables will be supervised at all times by staff who will be assigned specific tables; - Customers shall be seated at all times; - All customers to be seated within a screened area; - The screened area to be maintained throughout service and regularly cleaned; - External doors to remain closed after 1900 to be monitored by door staff; - Food will not be served outside after 2000 ; - During the evening period, the area is to be supervised by security staff; - Furniture to be stacked and stored within the seating area by 2300 and moved inside once the premises has closed. The furniture cannot be moved inside before that time as it raises health and safety concerns; - The use shall cease at 22.30 with all furniture stacked and secured by 2300; - A clear route of 1200mm to be maintained through the outdoor seating area.

In conclusion, with appropriate management and subject to the conditions limiting the hours of use, which are imposed as part of 06/03155/CHU and remain pertinent, it is considered that the permanent provision of outdoor seating in connection with four restaurant uses within the Plaza is appropriate to the locality and will not, on balance, be sufficiently detrimental to the amenity of residents within the Plaza.

Access Issues

This application seeks to make no alteration to the layout of the seating areas and the previous condition relating to the need to provide a clear route to the unit entrances to ensure that they are accessible to all remains in effect for compliance.

SUMMARY AND RECOMMENDATION

It is considered that the installation of outdoor seating to Units 3, 8/9, 10 and 15 will enhance both the vitality and viability of the Plaza and it is therefore appropriate to consider the permanent provision of these facilities by the removal of Condition 1 of planning permission 06/03155/CHU. Conditions 2 – 5 of that permission, relating to the hours of use, management and accessibility remain in force and will ensure that the outdoor seating is not unduly detrimental to the amenity of residents within West One in the context of its location within the Devonshire Quarter of the City Centre. On this basis, the application is recommended for approval.

Case Number 08/05355/CHU

Application Type Planning Application for Change of Use

Proposal Use of ground floor of building as restaurant (Use Class A3)

Location 224 - 230 London Road Sheffield S2 4LW

Date Received 22/10/2008

Team SOUTH

Applicant/Agent Trevor Birchall Design 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 Prior to the commencement of development, details of apparatus for the arrestment and discharge of fumes and gases, including sound attenuation and filters, shall be submitted to and agreed in writing by the Local Planning Authority. Such apparatus shall be installed prior to the commencement of the use and retained thereafter.

Until full particulars of the development are submitted to and approved by the Local Planning Authority they cannot agree to the development proceeding.

3 No amplified sound or live music shall be played either within or without the premises 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.

4 The shall not be used unless the access and facilities for people with disabilities shown on the plans have been provided in accordance with the approved plans and thereafter such access and facilities shall be retained.

In the interests of the amenities of the locality.

5 The premises shall not be occupied unless sound insulation measures have been implemented, details of which shall have been submitted to and approved in writing by the Local Planning Authority prior to installation. Thereafter the approved sound insulation measures shall be retained.

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

6 The premises shall be used for the above-mentioned purpose only between 1030 hours and 2330 hours, Mondays to Saturdays and 1030 hours and 2300 hours on Sundays and Public Holidays.

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

Attention is drawn to the following justifications:

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

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

Site Location

LOCATION AND PROPOSAL

The building is a two storey brick built corner end terrace property on a parade of commercial units. The first floor is occupied as an office and the entrance to this is off Cecil Square between the application site and the terraced houses. The adjacent ground floor unit on London Road is occupied as a clothes shop and the site also abuts a residential terrace on Cecil Square. To the south west, the former Charnwood Hotel has now been converted to residential units. There are first floor flats above nos. 232 and 234 London Road.

The application site has benefited from previous planning consent for the use of the ground floor and first floor as a restaurant (Class A3 food and drink) but this expired on 9 June 2008. Too little work had been done to the building to merit implementation of that consent which has now expired. This new application has

25 been submitted and it is for use of the ground floor as a restaurant. It is intended that the ground and mezzanine floors are used for the restaurant as with the previous application. The first floor is now used as an office. There are some external alterations proposed which create an entrance for the Cecil Square unit, create a disabled access from Cecil Square and infill one window with brickwork to match the existing building.

PLANNING HISTORY

76/6494P - Use of ground floor for the sale of motor vehicles - Refused.

03/00650/FUL - Use of ground and first floor for restaurant (A3) and separate shop unit - Approved 9 June 2008.

REPRESENTATIONS

3 letters from residents have been received. 2 letters are in support of the application stating that use of this vacant unit will lift the area.

The remaining letter points out that a flue is required with sound attenuation and filters to deal with odours.

ASSESSMENT

Policy Issues

The Unitary Development Plan (UDP) shows that the site is contained within the London Road District Shopping Centre and policy S7 states that hot food takeaway uses are acceptable uses in such areas. However, policy S10 states that any change of use should not lead to a concentration of uses that would prejudice the dominance of the preferred use (retail). This policy also states that the change of use should not cause existing residents to suffer from unacceptable living conditions. These are the two main issues with this application.

Dominance of Preferred Use

The preferred use in the London Road District Shopping Area is retail (Use Class A1). Whilst food and drink outlets are acceptable in principle, specific circumstances may dictate that such uses are unacceptable i.e. if there is a concentration of non-retail uses (Class A1), which, may be deemed to harm the vitality of the shopping centre.

At the time of the previous restaurant (A3) consent, the occupancy figures for London Road District Shopping Centre show that 42% of the frontage was in retail use, 36% in non-retail use and 22% vacant. The most up to date figures shown a change in that 44% are retail, 43% non-retail and 13% vacant. These figures show that the vitality and viability of the District Shopping Centre has improved because the vacancy rate has reduced but most of this has been with non retail uses.

26 The figures also show that there is potential for further retail (A1) units to occupy some of the premises and there is potential to achieve the 50% mark. It is considered, therefore, that based on current figures the proposal would not lead to a concentration of uses that would prejudice the dominance of preferred uses in the Shopping Centre. This is a prominent location and an active use at this point will improve the visual quality of the Shopping Centre at this point.

Impact of the Change of Use on Residents

The nearest residential properties from the application site are the flats above the adjacent ground floor business and No. 9 Cecil Square. Any likely impact upon residential amenities will therefore be measured primarily against these properties.

London Road is one of Sheffield’s busiest main roads and therefore, generates a considerable amount of ambient noise it is not considered reasonable to expect that residents should enjoy the same level of amenity that might be afforded in a residential area.

With respect to No. 9 Cecil Square the proposal includes the provision of a ‘buffer’ unit between the main body of the restaurant and the party wall, and behind the entrance to the first floor office unit. It is the intention that this unit be used only as a dedicated storage to the restaurant.

The former Charnwood Hotel located at the corner of London Road and Sharrow Lane, to the south of the application site, has been converted to apartments since the earlier restaurant consent (2003) but these apartments, are considered to be far enough away to be unaffected by noise and disturbance from the proposal.

Taking all these matters into consideration, it is believed that proposed use of the premises will not lead to unacceptable levels of noise or disturbance to the detriment of the nearby residents.

It is considered appropriate to impose a planning condition requiring details of fume extraction equipment to be submitted to and agreed in writing by the Local Planning Authority.

In addition, in view of the presence of the first floor element of the restaurant it is also considered that a requirement should be made for sound insulation measures on the party wall between the proposal and the neighbouring property.

In line with the previous consent, it is considered that the separate shop unit at Cecil Square should only be used for storage purposes and this would be controlled by a condition, as before.

The applicant has not indicated the likely hours of operation for the proposal and it is therefore considered appropriate to impose a condition restricting such hours.

27 Parking and Traffic Generation

London Road is one of Sheffield’s major arterial roads. It is identified in the Sheffield Unitary Development Plan as being a Strategic Route. Although parking is restricted at the front of the site, London Road is well serviced by alternative modes of public transport facilities (i.e. bus services). There are already a substantial number of “Class A3” uses within London Road District Shopping Centre. Whilst there is no dedicated off-street parking available for this site, the requirement for the proposed use is not significantly greater than that which would be expected for the retail unit. It is therefore considered unlikely that this A3 use would represent any greater pressure than the current situation. The application is considered to be acceptable in this respect.

SUMMARY AND RECOMMENDATION

The principle of the proposal accords with policy S7 of the UDP. This application is a renewal of a previous consent for the ground floor restaurant and would not cause significant harm to the balance of uses in the London Road. Also, there would be no harm to the residents living close to the site and conditions would be imposed controlling fume extraction and noise. Occupation of this prominent, vacant unit would improve the visual quality of the area. There is, therefore no conflict with policy S10 of the UDP.

The application is considered to be acceptable, and is recommended for conditional approval.

Case Number 08/05352/RG3

Application Type Application Submitted by the Council

Proposal Construction of 28 parking spaces involving construction of new vehicular access to Common Lane, dropped kerb, access gates and associated landscaping works. (Amended Description as per amended drawings received on 3 Dec 2008)

Location Bents Green Playing Fields Ringinglow Road Sheffield S11 7TD

Date Received 23/10/2008

Team SOUTH

Applicant/Agent SCC Parks And Countryside Department

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 Town and Country Planning Act.

2 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.

3 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.

4 The Local Planning Authority shall be notified when the landscape works are completed.

In the interests of the amenities of the locality.

5 No excavation shall be carried out under the canopies of the existing trees.

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 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 Part 2 (Class A), or any Order revoking or re-enacting that Order, no enclosures, fences, walls shall be constructed without prior planning permission being obtained from the Local Planning Authority.

To maintain the openness of the Green Belt.

8 The access gates at the vehicle access point hereby approved shall only be opened at such times that Bents Green Playing Fields are in use, and at all other times shall remain permanently locked.

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

9 Before any work on site is commenced, comprehensive and detailed specifications of the mound shown of the approved drawings shall have been submitted to and approved by the local Planning Authority. The approved mound shall be implemented prior to the development being brought into use and maintained in the approved form permanently thereafter.

In the interests of the appearance of the development.

10 The playing pitch shown on Drawng No BG/PF02 shall not be used for access, storage of vehicles, equipment or materials or in any other manner

30 in connection with the carrying out of the development hereby permitted and shall at all times during construction remain available for its proper use.

In the interests of the amenity value of the sports playing field.

Attention is drawn to the following justifications:

GE1 - Development in the Green Belt GE4 - Development and the Green Belt Environment GE8 - Areas of High Landscape Value and The Peak National Park GE15 - Trees and Woodland

This informative is intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report by contacting the Planning Records section on 2734215.

31 Site Location

LOCATION AND PROPOSAL

The application site is located to the east of Common Lane and currently forms some ancillary land to the side of existing football / sports pitches. The site is designated as Green Belt within the Unitary Development Plan. The land on the opposite side of Common Lane is designated as being within an Area of High Landscape Value. There is currently an existing vehicular access through to a tarmac driveway which provides access to an electricity sub-station building.

The proposal seeks planning permission to form a further vehicular access through the existing stone wall, to serve an access driveway and a total of twenty-eight car parking bays. Gates across the access are also proposed. The proposal would also incorporate some associated landscaping works, and some modest re- levelling works. The car parking bays would be formed from a heavy duty grass protection mesh base and the driveway areas would predominantly be a porous

32 brick / stone surface. Forty three spaces were originally proposed, but this has been reduced to twenty eight due to difficulties with manoeuvring.

The site features 5 trees covered by a preservation order at its western perimeter.

The application has been submitted following concern raised within the local community and community groups, regarding the highway congestion and parking difficulties which occurs when the sports pitches are in use. Points subject to particular congestion are Common Lane, Ringinglow Road, Folkwood Grove, the access to Bents Green School and the car park at WORK Ltd. It is understood that cars park on both sides of Common Lane and Ringinglow Road This restricts movements along each of these roads to one directional only.

RELEVANT PLANNING HISTORY

02/00809/FUL; Bents Green Special School, Ringinglow Road. Erection of 5 dwellinghouses and 22 flats - Allowed at Appeal

SUMMARY OF REPRESENTATIONS

Following pre-application consultation undertaken by the applicants prior to submission, three items of correspondence were submitted. In response to consultation carried out as part of the application process and the erection of a site notice one representation has been received. Advertisement was undertaken reflecting the fact that the application was considered to constitute a departure from the Unitary Development Plan.

Pre-Application

Letters of support were received from the Chair of Ecclesall Forum and Cllr Keith Hill as Chair of the South West Area Panel, also a letter was received from the occupant at Num.48 Common Lane.

The correspondence received in response to the applicants consultation can be summarised as follows:

Ecclesall Forum comment that they support the proposed work off Common Lane. Access to the field via the entrance to Work Ltd is very restricted, and the tendency for people to park in this area causes concern. The provision of parking will relieve congestion in the area, especially as use of the sports field grows.

The South West Area Panel support the proposal as playing fields have poor access which limits their use. The main access leads to inconvenience and a potential hazard at Work Ltd. Use of the playing fields leads to significant congestion and nuisance to local residents.

School children using the new pitch at the site have to climb the wall, which is leading to damage.

33 The proposal has been designed to provide a sympathetic scheme maximising green-ness and improving biodiversity. The scheme will help to secure on going use of the playing field

The occupant of Num.48 Common Lane welcomes the attempt to address the parking problems at the site. Despite this the following concerns are raised: Concern regarding a 43 car parking space at adjacent site. Will involve vehicle noise and fumes. Pitches often used on Sundays, which is traditionally the day of the week when the garden is used. Concern with excess water running off land onto Common Lane during heavy rain. The existing embankment directs water onto the neighbouring garden. The creation of a larger mound would increase this problem. Concern regarding the type of tree planting, due to existing low levels of direct sunlight currently provided to garden, and leaf fall problem. Concern litter will gather in this area and use of area by spectators urinating.

During Application Process

The item received in response to the consultation upon the planning application itself is summarised as:

- Given the parking problems at weekends the application is supported in principal. Request a reassurance that any noise impact on the adjacent housing would not occur. - Concern that use of the pitch adjacent to the parking will increase, with increased impact upon housing and privacy. - Gate should remain closed outside periods of use to deter anti-social behaviour.

PLANNING ASSESSMENT

Policy Issues

GE1 ‘Development in the Green Belt’ states that, in the Green Belt, development will not be permitted, except in very special circumstances, where it would: a) lead to unrestricted growth of the built-up area; or b) contribute towards merging of existing settlements; or c) lead to encroachment of urban development into the countryside; or d) compromise urban regeneration

GE4 ‘ Development and the Green Belt Environment’ states that, the scale and character of any development which is permitted in the Green Belt, or would be conspicuous from it, should be in keeping with the area and, wherever possible, conserve and enhance the landscape and natural environment.

GE8 ‘Areas of High Landscape Value and the Peak National Park’ states development on land conspicuous from Areas of High Landscape Value must protect, and wherever appropriate enhance, the appearance and character of the Area of High Landscape Value.

GE15 ‘Trees and Woodland’ states trees and woodland will be encouraged and protected by b) requiring developers to retain mature trees, copses and hedgerows, wherever possible, and replace any trees which are lost

Planning Policy Guidance Note 2 – Green Belts, stipulates that development including engineering and other operations, and the making of any material change in the use of land are inappropriate development unless they maintain openness and do not conflict with the purposes of including land in the Green Belt.

Whilst not covered by a specific UDP policy the amenities of residential occupiers should not be detrimentally harmed by the proposal.

Visual Impacts

The area within the red-line site boundary is currently grassed with a number of protected trees along its western perimeter. This western perimeter is marked by a stone boundary wall approximately 1metre in height. There is an existing tarmac driveway used for access to the electricity sub-station and for occasional emergency vehicle access. There is also a set of double pedestrian gates serving the fields.

The proposal would form a new vehicular access in approximately the same position as the existing pedestrian gates. Proposed to be served immediately from the access gate would be 12 parking bays with an additional reversing/manoeuvring belt to the rear of this. The creation of these 12 spaces and the driveway would necessitate some excavation into an area of land which is raised marginally above the land-level adjacent to the access. This resulting car park bay surfacing would be treated with a heavy duty grass protection mesh base. The driveway area would be predominantly surfaced with loose stone and brick pieces. New tree planting would be proposed on the playing field side of the parking bays.

The proposed parking bays at the northern portion of the site would also be treated in the same manner, and served from the existing drive. There would be a total of 14 parking spaces located in this portion of the site. A raised mound of approximately 900mm in height would be proposed to the north of the parking bays. This mound would be planted with new trees. The proposed mound would be located at the top of an existing embankment leading down toward the garden level of the neighbouring dwelling at Num.48 Common Lane.

Green Belt Implications

The proposed works to provide the parking bays and access driveways in the southern portion of the site, directly from the new access would be readily viewable from the people using the footway at Common Lane. The replacement of the existing grassed surface with reclaimed brick/stone surfacing and heavy duty grass protection mesh base for the parking bays would not be commensurate with the open and rural appearance of land within the Green Belt. The proposed parking bays served from the existing tarmac drive would also be viewable, but of lesser

35 impact upon the openness of the green belt given the existing tarmac drive and the sub-station building.

The low mound proposed adjacent to these spaces would be landscaped and reasonable in size, and not be detrimental to the openness of the Green Belt. The presence of cars within the proposed bays would also be considered to detract from the openness of the Green Belt, as such a number of cars in a confined area would not be typically expected in the Green Belt.

As such it is considered in overall terms that the proposal would lessen the openness of the Green Belt due to the hardsurfacing of certain areas which are currently grassed and the presence of cars during periods of use of the sports fields would also be considered to have something of a detrimental impact upon the openness of the Green Belt. In this regard the proposal would be considered to be inappropriate development within the Green Belt, given the advice in PPG2.

Whilst the works are as sympathetic as is reasonably practicable, incorporating additional tree planting, the proposal itself would be considered to be inappropriate development within the Green Belt, in the terms of PPG2, and on balance contrary to the provisions of Policy GE1 and GE4.

Policy GE8 requires that development which is conspicuous from Areas of High Landscape Value should protect and enhance the character of the Area of High Landscape Value. The proposal’s impacts would not be sufficiently significant to lead to a detrimental impact upon the character of the AHLV. In this regard the proposal is considered to have an acceptable impact upon the AHLV.

It should also be considered that the purpose of the proposed car parking area is to address a problem occurring regarding highway safety. As well as the highway safety implications of this, the presence of a substantial number of vehicles parked on street also detract from the character of the green belt. The positive impact of the proposal in dealing with these issues would represent a significant factor when assessing the impacts of the proposal on the openness of the Green Belt. It is considered that the positive impacts of the proposal would constitute special circumstances which would be considered to outweigh any harmful impacts that may result in terms of affects on the Green Belt.

It should also be taken into account that the proposal would be intimately allied to the sports field usage. The sports fields themselves, whilst open are heavily manicured and maintained, and in some ways constitute an unnatural feature within the green belt. The proposed parking facility would not be viewed in a divorced way from the sports field and will provide improved facilities for recreation.

Impact on Sports Playing Field

Sport England have commented upon the application stating that there is an existing playing pitch 5 metres away from the closest proposed car parking space. Given that the minimum safety margin for a playing pitch is 4metres Sport England consider that the safety margin is sufficient to prevent an adverse impact on the pitch, therefore they raise no objection to the proposal.

It is also stated that it is essential that the pitch remains operational during construction of the car park and the associated landscaping works. It is therefore suggested that a condition is added to ensure this.

In connection to this issue it is considered necessary to ensure that protective fencing around the perimeter of the parking spaces is not erected at some future point. This could be secured via the imposition of an appropriate condition upon any consent removing this permitted development opportunity.

Highway Issues

The proposed access point is considered to be acceptable in highway safety terms, as the visibility splays which would be provided would five appropriate entry/exit arrangements.

The access gates would be required by condition to be locked during non-use of the parking area.

Landscaping Impacts

At the western perimeter of the site there are five trees covered by preservation orders. The specified tree pruning work and removal of the one tree shown near the proposed entrance does not affect the protected specimens and the impacts of the proposed works are considered to be acceptable. It is suggested that a permeable surface to the driveway should be provided, as this would be less injurious to the root system of the trees. It is considered to be necessary to require by condition details of the proposed tree species, sizes and quantities and details of the protective fencing to prevent excavation or storage under tree canopies.

Neighbour Impact

The proposed group of parking bays at the north of the site would be within approximately 20metres of the side elevation of Num.48 Common Lane. The bays would be at the top of an existing embankment, to the rear of the proposed mound. The neighbouring side elevation includes habitable room doors/windows. The existing boundary treatments are such that the parking bays and cars are unlikely to be viewable from the dwelling. However, despite the separation distance, mound and proposed planting it is probable that car engine noises/fumes, and passenger related noise would be audible from the garden of the neighbouring dwelling.

The additional harm arising from impacts of the proposed layout upon the more private areas of the dwelling, above the existing impacts of vehicles parking on Common Lane would not be considered to be sufficiently significant to warrant refusal of the scheme. It should also be taken into account that the formation of the mound and the planting scheme would eliminate a substantial amount of the noise generated. On this basis it is considered that it would be unreasonable to seek to resist the granting of consent based upon this issue.

The issue of spectators’ behaviour is noted, however, this would be considered to be a site management consideration rather than a factor material to assessment of the planning application.

Comments on Representations

In regards to the negative comments received in relation to the proposal the following comments can be made:

- The proposal would not be expected to significantly add to the existing situation in terms of drainage. Any current problem would be required to be resolved separately. - The issues of proposed tree types and sunlight reduction / leaf-fall problems are noted. Notwithstanding this it is unlikely that coniferous trees would be considered to be acceptable as they would not be characteristic within the area. A condition requiring the imposition of a landscaping scheme would be required by condition. - Gathering of litter and behavioural problems in this area would be a site management issue. - The car park is not likely to lead to increased use of the adjacent pitch, as in maintenance terms it is prudent not to share use between pitches.

SUMMARY AND RECOMMENDATION

The application seeks permission to form parking bays and a driveway from a new vehicle access off Common Lane, at a site which is designated as being within the Green Belt.

It is considered that the proposal would have some impact upon the openness of the Green Belt, and therefore on balance represents inappropriate development in PPG2 terms. It therefore represents a departure from UDP policies GE1 and GE4.

The proposal is designed in order to address an existing highway safety problem, with its detrimental impact upon the green belt that occurs in the area when sports pitches are in use; matters which are considered to represent special circumstances.

The proposal would result in some impacts upon amenities of the neighbouring occupiers at Num.48 Common Lane. These impacts would be considered to be mitigated by the proposed mound and planting and would be considered on balance to be acceptable.

The submission is considered to demonstrate special circumstances which justify a departure from UDP policies, specifically the removal of a significant highway safety problem, and cluttered appearance of vehicles on the highway network.

It is recommended that Members are minded to grant planning permission subject to conditions to protect the environment. If the recommendation is accepted, the

38 application will need to be referred to the Secretary of State as a departure from the UDP.

Case Number 08/05351/CHU

Application Type Planning Application for Change of Use

Proposal Use of ground floor room for Class B1 purposes

Location 21 Nile Street Sheffield S10 2PN

Date Received 23/10/2008

Team SOUTH

Applicant/Agent Mr M Merali

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.

40 Site Location

Location and Proposal

The application relates to part of the ground floor of a three storey stone property standing at the junction of Nile Street and Whitham Road.

This part of the ground floor of the building was most recently used as a restaurant.

The site is located within a District Shopping Centre, as designated in the Unitary Development Plan, and also falls within the Broomhill Conservation Area. The street scene here is dominated by commercial properties.

Planning permission is sought to change the use of the ground floor of the building to form an office. (Use Class B1)

Relevant Planning History

The site has a wealth of history but the most recent, and pertinent application, resulted in planning permission being granted in 2008 (07/03837/FUL) for a 3 / 4 storey extension on land adjacent and the conversion of upper floors in both existing building and the extension to form 8 flats.

Summary of representations

One representation has been received with no objection lodged. The representation from a member of the Broomhill Action and Neighbourhood Group suggests that the application offers the possibility of impressing upon the Applicant the opportunity to rehabilitate the building, including reinstatement of a stone/timber shop front, in line with the Broomhill Conservation Area Management Proposals.

Planning Assessment

Policy Issues

The application site lies within a District Shopping Area, therefore UDP policy S7 (Development in District and Local Shopping Centres) and S10 (Conditions on Development in Shopping Areas) are relevant.

Policy S7 states that Shops (use class A1) will normally be the preferred use. The proposal aims to convert the existing ground floor into office space (B1). Under Policy S7 Offices (B1) is an Acceptable use within the local shopping area. Therefore, the change of use is acceptable in principle under UDP policy S7.

UDP policy S10 (Conditions on Development in Shopping Areas) states that change of use will be permitted provided that it would not lead to a concentration of uses which would prejudice the preferred use or cause residents to suffer from unacceptable living conditions.

The site is located within the Broomhill Conservation Area, The broad background to Policy BE16, Development in Conservation Areas, aims to preserve or enhance the character or appearance of the Conservation Area.

PPS6 encourages diversity of uses with Shopping Centres. The general principle is to create sustainable environments in the form of vibrant, diverse centres that can offer a range of facilities.

The application seeks to use the ground floor as an office (B1) use. The key determinant of the viability of the district shopping centre is the number of units in retail uses (A1). Therefore with neither of the existing or proposed uses within the application being retail (A1) there will be no impact on the viability of the district shopping centre.

42 Highways Issues

There is no provision for off-street car parking made within the application. However, the former use within the premises was that of a restaurant, also with no provision, and it is not considered that the change to a small office would result in significant highway safety implications or unacceptable on street car parking.

Design Issues

No external alterations are proposed to the building as part of this application though the Applicant has indicated his intent to submit an application to renew the shop front in a style more sympathetic to the Conservation Area than that which exists at present. This would reflect an improvement in the appearance of the building, in line with the Broomhill Conservation Area Management Proposals.

The proposal for change of use alone will therefore have a neutral impact on the appearance of the Broomhill Conservation Area at this time.

This part of the conservation area is predominately commercial in nature, and therefore it is not considered that the change of use to B1 will impact on the character of the area.

Residential amenity

The proposed B1 Office seeks to open between 08.30 hours to 17:30 hours Mondays to Saturdays, which are not unsociable hours and should not impact in any way on the amenity of the flats above.

Summary and recommendation

This application is for a change of use from A3, to Offices B1 on the ground floor. The principle of the use is considered to be acceptable when measured against policies S7 and S10 of the adopted Sheffield Unitary Development Plan. The proposal is unlikely to cause detrimental harm to the living conditions of existing nearby and/or proposed residents, or to adversely affect the free and safe flow of traffic on the highway.

For the reasons outline above, it is recommended that the application be granted permission

Case Number 08/05344/FUL

Application Type A Full Planning Application

Proposal Application to allow the granny annexe to be used as a separate dwelling and to be sold separately from no. 179 Warminster Road (Application under Section 73 to vary condition No. 3 of application 08/02585/FUL)

Location 179 Warminster Road Sheffield S8 8PP

Date Received 27/10/2008

Team SOUTH

Applicant/Agent Mrs Julie Murray

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the proposed development would constitute an overdevelopment of a site of restricted dimensions which would result in an unsatisfactory environment for occupiers of the proposed independent dwelling This would be contrary to Policy H14 of the Unitary Development Plan.

44 Site Location

LOCATION, PROPOSAL AND RELEVANT PLANNING HISTORY

The application relates to a proposed detached building within the curtilage of a pair of conjoined semi-detached properties under the same ownership.

Nos 179 and 181 form a pair of semi-detached house in a street of similar properties fronting Warminster Road. These are brick/render faced properties with plain tile roofs.

The site is bounded to the west by the rear gardens of the applicant’s address, to the north by the rear garden of No. 177, to the east by the curtilage of the detached property numbered 181a and to the south by the access road which provides access to 181a and 183. Beyond this access road lies the rear garden of No. 183 Warminster Road.

45 Existing boundary treatment towards No. 181a is a 1.8m metre high wall in a mixture of brick and decorative concrete blockwork.

Existing boundary treatment towards No. 177 is a dense hedge rising to a height in excess of 1.6 m.

The building which is the subject of the application was granted permission earlier this year as a granny annexe (08/02585/FUL) with a non-severance condition linking it to No. 179 Warminster Road.

The condition limiting occupancy read as follows:

3 The use of the granny annexe shall at all times remain incidental to the enjoyment of the main dwelling No. 179 Warminster Road and the granny annexe shall not be sold or let as a separate dwelling.

In the interests of the amenities of the occupiers of adjoining property, bearing in mind the restricted size of the curtilage and in view of the absence of off- street car parking or sufficient private amenity space.

This application seeks to vary the condition so that the dwelling can be occupied as an independent planning unit.

It is proposed to reconfigure the current rear garden boundaries of Nos. 179 & 181 to facilitate the curtilage of the new dwelling.

The resultant dwelling would be a single storey structure with an overall height of 4.99 metres and a footprint measuring 9 metres by 7 metres.

Sufficient internal space would be created so as to facilitate a lounge/kitchen, a small bedroom and a shower/w.c. Representations

There have been 5 letters of objection to the proposal including one from Cllr Ian Auckland

Summary of points raised

The proposal will:

Create on street parking to the detriment of highway safety Result in a reduction in the privacy to No. 177 Warminster Road. Increase traffic

Cllr Auckland states that he can see no valid reason to remove a condition which was so recently attached to a permission and justified in the first instance.

Other matters raised that are not material planning considerations

46 Loss of value to neighbouring properties Disruption of garden Potential loss of access

Planning Assessment

Relevant Policy

National Guidance Central Government advice in Planning Policy Statement 3 ‘Housing’ states amongst other things that the Government is committed to promoting more sustainable patterns of development by concentrating most additional housing development within urban areas and on previously developed land.

The site lies within a Housing area as defined in the Sheffield Unitary Development Plan. Relevant policies are therefore:

Policy BE5 ‘Building design and siting which 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:

- original architecture will be encouraged but new buildings should complement the scale, form and architectural style of surrounding buildings.

- Policy H10 ‘Development in Housing Areas’ indicates that housing is the preferred use in principle.

- Policy H14 ‘Conditions on development in Housing Areas’ states, ‘In Housing Areas, new development or change of use will be permitted provided that:

- new buildings and extensions are well designed and would be in scale and character with neighbouring buildings; and - 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 - it would provide safe access to the highway network and appropriate off- street parking and not endanger pedestrians.

Design and Impact on the street scene

The design of the structure itself already benefits from the granting of planning permission and as such, the acceptability of it’s physical presence is established.

However, to re-iterate the details pertaining to the original permission:

The proposal is a low level building of limited dimensions with a ridged roof. The architectural style is simple and uncluttered and can be conditioned to utilise materials that are prevalent in the locality.

47 Principal fenestration is limited to the elevation facing the rear elevations of Nos. 179 and 181 with only secondary or obscure glazed windows in the other elevations.

Whilst the building itself does not conform with any clear building line this is not considered an adequate reason for refusal since properties at nos. 171a and 181a already break any significant continuity across long back gardens of properties fronting Warminster Road.

The proposal is also set back a significant distance from Warminster Road and would be substantially hidden from the public domain by existing dwellings.

Residential Amenity for Neighbouring Dwellings.

It is not considered that the scale and massing of the approved structure would have an adverse affect on neighbouring amenity in terms of overshadowing and/or overbearing.

The balance of amenity space left to both Nos. 179 and 181 Warminster Road would satisfy Supplementary Planning Guidance.

Since all the windows in the proposal are at ground floor and will be screened by 2 metre high boundary fencing it is not considered that any loss of neighbouring privacy will occur.

In many cases where back land development such as this is proposed there are concerns arising with regard to disturbance resulting from intensification of use of the access in close proximity to neighbouring curtilages.

In this case the access between Nos. 181 and 183 already serves a property to the rear (No. 181a) as well as providing access to the garage currently serving No. 181.

The side elevation of No. 181 features ground floor obscure glazed subsidiary windows. The ground floor of No. 183 has two side elevation windows close to the access. Both of these windows are obscure glazed. No. 183 has double patio doors serving a kitchen in its rear elevation separated from the access by a distance of approximately 1.2 metres.

Despite the close proximity of these windows to the boundary it is not considered that the use of the access for an independent dwelling would differ to a significant degree from that of its use as a granny annexe.

Amenity of future occupants

The dwelling itself is of adequate proportions and lies within a curtilage which in area terms satisfies requirements for external amenity space for a dwelling.

However, for the most part the separation distance to any boundary from elevations and main aspect windows is limited and only the bedroom window

48 satisfies Supplementary Planning Guidance for Housing Extensions, which indicates that there should be a minimum separation of 10 metres between elevations containing main aspect windows and any boundary for reasons of neighbouring privacy and residential amenity of the proposal.

Whilst the former is not felt to be a cause for concern in this case, it is considered that the limited separation to boundary for the entire building is indicative of a cramped design within the curtilage and the minimal outlook from main aspect windows would provide insufficient amenity for future occupants. Highways and Parking The proposal would result in a one bedroom dwelling with a single car parking space. This would satisfy parking guidelines as specified in the Unitary Development Plan.

The proposal would result in the loss of an existing single parking space for No. 181 Warminster Road. This could result in additional on street parking on Warminster Road. However, there is capacity for No. 181 to create a hardstanding to the front of the premises that could compensate for the loss of this space and as such this is not considered a sound reason for refusal.

It is not considered that the use of the existing access between 181 and 183 Warminster Road will intensify to any significant extent. The access currently serves No. 181a and provides access to the existing garage on the application site. The proposal would result in no net increase in this requirement.

Response to representations

Matters relating to loss of privacy, traffic generation and parking provision have been dealt with in the main body of this report.

Conclusion

This is a proposal for a residential development in an allocated Housing Area and this is acceptable in principle. The proposal would also comply with Central Government commitments to develop previously developed land within the existing urban envelope.

The design is considered acceptable and adequate off street car parking provision has been made though this would result in a reduction in available parking for an existing dwelling.

The scheme will not have an adverse affect on existing residential amenity.

However, it is considered that the proposal, whilst acceptable as ancillary accommodation, would represent an over development of the plot as an independent dwelling.

The absence of reasonable separation distance between each of the elevations and their corresponding boundary treatments is indicative of a dwelling ‘shoehorned’ onto a site with little consideration for the amenity of future

49 occupants. It is felt that this concern outweighs considerations of sustainability and concentration of additional housing development within the existing urban envelope.

Recommendation

It is considered that the variation of Condition 3 of permission 08/04258/FUL would result in an independent dwelling that would provide inadequate amenity for future occupants and this would be contrary to Policy H14 of the Sheffield Unitary Development Plan.

It is therefore recommended that planning permission is refused.

Case Number 08/05326/CHU

Application Type Planning Application for Change of Use

Proposal Use of shop for the sale of takeaway hot food (Use Class A5)

Location 659 Staniforth Road Sheffield S9 4RD

Date Received 21/10/2008

Team CITY CENTRE AND EAST

Applicant/Agent Mr F Collumbine

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 hot food takeaway shop 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.

3 Prior to the use commencing, full details of a system of fume extraction shall be submitted to and approved in writing by the Local Planning Authority. This system shall provide a flue terminating 1 metre above the eaves level and shall be fitted with a low resistance cowl.

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

4 The building shall not be used for the above mentioned purpose unless a suitable receptacle for the disposal of litter has been provided in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

5 The take-away hot food shop shall not be used unless details have been submitted to and approved in writing by the Local Planning Authority of sound attenuation measures to be installed between the shop and the first floor flat above. The flat shall not be occupied unless the approved details have been implemented, unless otherwise authorised in writing by the Local Planning Authority.

In the interests of the amenities of the occupiers of the first floor flat above the hot food take-away shop.

Attention is drawn to the following justifications:

S7 - Development in District and Local Shopping Centres

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 any signage proposed for the fascia is not approved as apart of this permission and will require separate Advertisement consent. To discuss arrangements for obtaining such consent, and to request application forms, the applicant should contact the Planning, Transport and Highways on Sheffield (0114) 2734215.

2. 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.

3. From the 6th April 2008, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 2008 require that all

52 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

LOCATION AND PROPOSAL

The proposal site consists of an empty corner shop unit with flat above, located on the junction of Staniforth Road and Ronald Road, within the Darnall District Centre. Ronald Road is blocked off a short distance from Staniforth Road. The shop has frontages on both roads and roller shutters are located under the fascias. Access to the flat is via steps alongside an off-shot to the rear of the building. Beyond the site, off Ronald Road is a small two storey office building, the remainder of the area being residential behind the Staniforth Road shops.

It is proposed to change the use of the shop from retail (Use Class A1) to hot food takeaway (Use Class A5). The shop front will not be altered but a former bay window at ground floor level on the Ronald Road elevation will have a roller shutter box fitted. This window is currently blanked off and the provision of a shutter on it is not considered to materially affect its appearance. The shutter box will be small and its impact reduced by its close proximity to the main fascia. A flue will be located exiting from the rear elevation of the off shot, turning back alongside the inside elevation of the off shot above the access stairs to the flat and terminating above the eaves of the off shot.

RELEVANT PLANNING HISTORY

None

SUMMARY OF REPRESENTATIONS

None received at present. Any late representations will be verbally presented to the Board.

PLANNING ASSESSMENT

Policy Issues

The site falls within the Darnall District Shopping Centre, (Policy S7). Within such Policy Areas food and drink outlets (Use classes A3, A4 and A5) are acceptable as they are considered to complement retail shops. Non retail uses should not undermine the shopping role of the centre. Within the Darnall Centre there are currently 47% of shops within the retail category (Use Class A1) and approximately 21% empty units. This proposal will bring an empty unit back into use and although the percentage of retail units will still be below 50% it is preferable to bring back an empty unit into use to maintain the vitality of the centre.

Design Issues

There will be little change to the shop frontages as the existing features are intended to be retained, the only alterations being the shutter box above a window adjacent to the Ronald Road frontage. This window is currently blanked off and the addition of shuttering will not materially affect the appearance of that part of the building. Any shutter box required will be small in comparison to the main fascia which it is adjacent to. The facades will be refurbished and repainted. The proposed flue is not considered to adversely affect the street scene as most of the pipe work will be set to the inside (i.e. away from the highway) face of the rear off shot. Therefore the proposal is not considered to adversely affect the visual amenities of the area.

Amenity Issues

The proposal is located within a District Shopping Centre Policy Area where hot food takeaway shops are acceptable. The large number of retails units in such

54 centres dilutes the impact of food and drink outlets in relation to any potential noise and disturbance by virtue of the liveliness of on street activities. In this case the site is located on Staniforth Road and although there is a residential area to the rear, Ronald Road has been blocked off close to its junction with Staniforth Road to prevent through traffic on that particular part of the highway. This has the potential to reduce the amount of parking in front of houses on Ronald Road by customers to the proposed hot food takeaway shop.

There is a flat on the first floor of the building currently unoccupied. It may be used as a store in conjunction with the food and drink use but in order to protect the amenity of any potential future residents in that flat details of sound attenuation are conditioned. The flue is designed to clear the staircase access to the flat. There are no side windows on the off shot elevation where the bulk of the flue is to be attached. At present the height of the flue is too low and a low resistance cowl required to disperse the fumes. Such details are to be conditioned which will be in the interests of the interests of any residents of the flat above 657 Staniforth Road and adjoining occupiers.

Highways Issues

The proposal is not considered to give rise to any adverse highways implications. There are parking areas on street on Staniforth Road, defined by build outs at junctions, including in front of the application site, plus a small parking section on Ronald Road, (the remainder having traffic regulations), off Staniforth Road. Staniforth Road is well served by public transport.

Access Issues

Existing floor levels do not allow level access at the Staniforth Road entrance due to a step. However a secondary entrance can provide a level access on Ronald Road. Such an access should be clearly marked. The shop areas should be accessible as required by the Disability Discrimination Act

SUMMARY AND RECOMMENDATION

The site falls within the Darnall District Shopping Centre. In such centres food and drink uses are acceptable providing they do not adversely undermine the shopping role of the centre. There is a shortfall of retail floorspace as opposed to non retail uses in the centre but bearing in mind the number of empty units there it is considered beneficial to have the application unit brought back into use. Taking into account the location of the unit on Staniforth Road on a busy main road in a shopping area and subject to the submission of acceptable flue details it is not considered that the proposed change of use will adversely affect the amenities of adjoining residential occupiers. The proposal thus concurs with Policy S7

Taking the above into account it is recommended that the Area Board approve the application subject to the listed conditions.

Case Number 08/05301/FUL

Application Type A Full Planning Application

Proposal Alterations to building including the erection of a new shopfront, use of first floor of building for A3/A5 use (Restaurant and cafes/Hot Food Takeaway), single storey rear extension and use of rear courtyard as an external seating area

Location 12-14 Staniforth Road Sheffield S9 3HB

Date Received 22/10/2008

Team CITY CENTRE AND EAST

Applicant/Agent Space Studio

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 building shall be used for the above-mentioned purposes only between 06.30 hours and 19.00 hours on Monday to Friday, 06.30 hours and 23.30 hours Saturdays and 10.00 hours and 16.00 hours Sundays.

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

Attention is drawn to the following justifications:

BE5 - Building Design and Siting S7 - Development in District and Local Shopping Centres

56 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 advertisement consent may be required for signage for the building and a separate application for advertisement consent may need to be submitted.

Site Location

LOCATION AND PROPOSAL

The site consists of a ‘u’-shaped building (a former joinery), around an inner court yard located on Staniforth Road close to its junction with Attercliffe Road. Access to the yard is via a gated archway to the right of the shop front. The building is two storey and brick clad. On the ground floor fronting the highway is a hot food takeaway food shop and associated cafe and catering business trading as

57 ‘Masterchef'. To the rear are food preparation, kitchen and food store areas. The yard has a sitting out area. On the first floor is a former dentists surgery. To the north is a former bank building converted to offices. This building has a rear first floor balcony that overlooks the central courtyard of the site.

The site to the west is cleared of buildings and to the south there is a yard area which is part of a large commercial site.

It is proposed to convert the first floor, formerly a dentists practice, to a restaurant and office area. The existing staircase from the front entrance will be reversed to allow direct access from the front door. New toilets are to be provided on the first floor and a disabled toilet on the ground floor. Windows on the courtyard elevation facing north east are to be enlarged with folding doors and juliet balcony railings. The shop front will be replaced in a similar style to that existing i.e. large windows with arches below the fascia. The uses on the ground floor will remain the same.

RELEVANT PLANNING HISTORY

None

SUMMARY OF REPRESENTATIONS

To date none received. Any late representations will be verbally reported to the Board.

PLANNING ASSESSMENT

Policy Issues

The site falls within the Attercliffe Local Shopping Centre as defined in the Unitary Development Plan, (Policy S7). In such Policy areas food and drink (Use Classes A3-A5) outlets are acceptable in principle and can provide useful facilities that complement the centre. Non retail uses should not undermine the shopping role of the centre. In this case the there are already retail and food and drink uses on the site, the restaurant use is proposed on the first floor and no retail areas will be lost on the ground floor. Therefore the proposal concurs with Policy S7.

Policy BE5, Building Design and Siting requires that “ Good design and use of good quality materials will be expected in all…refurbished buildings and extensions”.

Design Issues

Rather than drastically change the shop front the submitted plans include a replacement shop front similar to existing. There are currently two shop fronts with inset doors plus a separate entrance to the first floor. The right hand frontage has windows with arched top frames underneath the fascia. Changes to the frontage involve the inclusion of only one entrance door and new windows having this arched window top feature either side of the entrance. The arched first floor windows will be replaced within the existing openings. Doors closing off the

58 passageway from Staniforth Road to the rear yard will be new timber doors in a natural finish. Such details are considered to complement the distinctive character of the building as viewed within the street scene.

Changes to elevations around the court yard cannot be seen from the highway but changes proposed are intended to improve the appearance of the courtyard area with new larger fold-back windows and juliet balconies providing an outlook over the yard.

No changes are proposed for the rear elevation which has two blanked up windows and the south eastern elevation which has two existing flue systems. These will remain unchanged providing fume extraction for the kitchen.

Amenity Issues

The site is located within a shopping centre adjacent to an industrial area. There are no residential properties within close proximity to it. It should also be taken into account that a mixture of food related operations including preparation and sales on and off the premises currently take place on the site and have done so for several years. The former bank to the north of the site has been split into offices. There will be an intensification of use with the restaurant on the first floor of the application building but window openings are restricted to around the courtyard. The applicant only proposes late evenings on a Saturday and in the remainder of the week 19.00 hours is the latest closing time.

Bearing in mind the location of the proposal it is not considered that the proposal will adversely affect the amenities of the adjoining occupiers.

Access Issues

A new disabled toilet is to be provided at ground floor level and level threshold and main entrance created to part M standards of building regulations. Access to the first floor will only be by staircase but a restaurant café area is retained at ground floor level.

Highways Issues

The site is located close to the junction of Staniforth Road with Attercliffe Road and there is no on-parking provision close to the building. However on-street parking is available on side streets to the north of the site off Attercliffe Road and the site is an area well served by public transport.

SUMMARY AND RECOMMENDATION

The proposal is located within an existing shopping centre and is an intensification of existing uses on site. This intensification is not considered to adversely affect the amenities of adjoining occupiers as there are no residential areas close by and late night opening will only be on Saturdays. These opening hours also reflect the nature of the location with most trade being during the day and there are not many late night activities in the area.

Design proposals respect the character of existing features on the front of the building and provide improvements to it in the form of window details and a new shop front. The changes around the internal courtyard take advantage of that feature with larger window openings looking out on to it.

It is thus considered that the proposal concurs with Policies S7 and BE5 of the Unitary Development Plan

Subject to no late representations it is recommended that the Area Board approve the applications subject to the listed conditions.

Case Number 08/05295/CHU

Application Type Planning Application for Change of Use

Proposal Use of shop as a cafe and for the sale of take-away hot food (Use Class A3/A5 - Restaurant and Cafes)

Location 12 Ridgeway Road Sheffield S12 2SS

Date Received 20/10/2008

Team SOUTH

Applicant/Agent Roger Etchells And Co

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 Prior to the commencement of development, details of apparatus for the arrestment and discharge of fumes and gases, including sound attenuation and filters, shall have been submitted to and approved in writing by the Local Planning Authority. Such apparatus shall be installed prior to the commencement of the use and retained thereafter.

Until full particulars of the development are submitted to and approved by the Local Planning Authority they cannot agree to the development proceeding.

3 The premises shall be used for the above-mentioned purpose only between 0900 and 2330 hours.

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

4 Before work on site is commenced, full details of suitable inclusive access and facilities for disabled people, both to and into the building(s) and within the curtilage of the site, shall have been submitted to and approved in writing by the Local Planning Authority and the cafe/hot food takeaway shall not be used unless such inclusive access and facilities have been provided

61 in accordance with the approved plans. Thereafter such inclusive access and facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).

To ensure ease of access and facilities for disabled persons at all times.

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.

62 Site Location

LOCATION AND PROPOSAL

The site is a vacant unit, last used for retail purposes in 2006, located at the Manor Top Shopping Centre. The site fronts Ridgeway Road and the major crossroads/gyratory system at Manor Top. At this point, the shopping centre is served by an access and service road off the main road, which has unrestricted car parking.

At one side of the application site is the entrance to a gym which is above the vacant unit and the other is a Tanning Centre. The nearest dwellings lie some distance away to the rear on Dagnam Crescent. There are no flats above the ground floor units close to the application site.

This application proposes a change of use to a café and hot food takeaway with no external alterations. The details submitted in support of the application comprise

63 existing and proposed internal layouts and details of cooking equipment. Details of the fume extraction have not been submitted.

The front of the unit has a single door, located close to the centre of the shop front with glazing either side and a fascia above. This would not be altered.

REPRESENTATIONS

None have been received.

PLANNING ASSESSMENT

Policy Issues

The adopted Unitary Development Plan (UDP) shows that the site is within the Manor Top District Shopping Centre. Policy S7 – Development in District and Local Shopping Centres – states that Food and Drink outlets are acceptable in principle. This is qualified by Policy S10 – Conditions on Development in Shopping Areas – which states that new development should not prejudice the dominance of preferred uses in the Shopping Centre, which is retail (A1), in this instance. Policy S10 also says that the amenities of residents should not be harmed.

These are considered to be the two main issues with this application.

Impact on Dominance of Preferred Use

The site is located within Manor Top District Shopping Centre and the most recent information available shows that 42% of units are in retail (A1) use. 27% are vacant and 31% are in other uses. However, if the same exercise is carried out relating to distribution of floorspace, then the retail proportion is 73%, vacant is 12% and others 15%. This wide variation is because there are two relatively large food stores in this centre. Consequently, in terms of floorspace, then there would be only minimal impact on the preferred retail use. With proportions identified by numbers of units, retail is still the dominant use and if vacant units have the potential to be retail then the overall total would be 69%. However, given that 27% of units are vacant, this indicates that the shopping centre is in poor health and so a reduction in this is seen to be of great importance. Consequently, it is considered that the proposal would be acceptable in this respect and there would be no contravention of Policy S10 in this respect.

Impact on the Amenity of Residents and Neighbouring Occupiers

There are no dwellings close to the proposal, the nearest being the houses on Dagnam Crescent at the rear and at a lower level. These would not be affected by the proposal because of the distance involved.

There is a considerable amount of background traffic noise at this site that continues late into the evening. Given this, it is considered that there would be no additional noise and disturbance associated with the proposal that would affect adjoining uses.

With respect to fume extraction, details have not been submitted. However, according to the proposed layout, the kitchen would be located at the rear and there is potential for the fume extraction apparatus to be taken through the rear wall and to the roof. This would be controlled by an appropriate condition.

In this respect, therefore, the proposal would not be contrary to Policy S10 of the UDP.

Parking and Transportation

There is unrestricted parking at the front of the property on both sides of the service/access road. Also, this is a sustainable location, very well served by buses and the tram and within easy walking distance of many dwellings. Consequently, there is no need for any off-street car parking.

Disabled Access

The entrance into the unit should have a level threshold and be wide enough to accommodate a wheelchair. This can be controlled by a condition.

SUMMARY AND RECOMMENDATION

The property is a former retail unit within Manor Top District Shopping Centre that has been vacant since 2006.

This is an application to use this unit as a café and hot food takeaway. In principle it is acceptable. It would not prejudice the preferred retail use and use of a vacant unit may contribute to uplifting a shopping centre with a high vacancy rate. There would be no harm to residents nor a requirement for off-street parking.

The proposal accords with Policies S7 and S10 of the UDP, is acceptable and is recommended for conditional approval.

Case Number 08/05113/OUT

Application Type Outline Planning Application

Proposal Residential Development comprising 14 dwellings (resubmission of application no. 08/03592/OUT)

Location Lynthorpe House 86 Charlotte Road Sheffield S1 4TL

Date Received 07/10/2008

Team SOUTH

Applicant/Agent Mr M Beech

Recommendation GRA GC subject to Legal Agreement

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) Appearance, (b) Landscaping, (c) Layout and (d) Scale (matters reserved by this permission) shall have been obtained from the Local Planning Authority.

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 whichever is the later of the following dates:- the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

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

66 4 Notwithstanding the indicative details shown on the submitted plans, the unit at the extreme eastern end of the building shall not exceed one storey in height.

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

5 Before the development is commenced full details of the proposed means of surface water drainage shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall include either soakaways, which must be demonstrated to be suitable by a percolation test, or a reduction of existing run-off rates by 30%. Thereafter the drainage arrangements shall be implemented in accordance with the approved details.

To ensure satisfactory drainage arrangements.

6 The development shall be carried out in accordance with the recommendations of the submitted Flood Risk Assessment prepared by ECUS and dated October 2007, including finished floor levels being set no lower than 66.5m above Ordnance Datum.

To mitigate against flood risk.

7 Before the development is commenced details of measures to secure a safe evacuation route from the dwellings in the event of flooding shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter the evacuation route shall be provided in accordance with the approved details and retained.

In the interests of the amenities of the locality and occupiers of the proposed dwellings.

8 Before any work on site is commenced, measures to protect the existing trees and shrubs adjoining the site shall be implemented, 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 any protective fencing and signs which shall be in accordance with BS 5837:2005 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.

9 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

67 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.

10 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 rear elevationsof the dwellings adjoining dwellings in John Street or in the side elevations of the dwellings facing dwellings in Charlotte Road and Clough Road without the prior written consent of the Local Planning Authority.

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

11 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 dwellings shall be constructed without prior planning permission being obtained from the Local Planning Authority.

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

12 The dwellings shall not be used unless 3 car parking spaces for people with disabilities have have been provided in accordance with details to have first been submitted to and approved in writing by the Local Planning Authority and thereafter such car parking accommodation shall be retained for the sole purpose intended.

To ensure ease of access and facilities for disabled persons at all times.

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 dwellins 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.

68 14 The shall not be used unless all redundant access have been permanently stopped up and reinstated to footway and kerb 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.

15 The dwellings shall not be used unless the pedestrian access has been provided to the site from Baron Street as shown on the plans but before such pedestrian access is provided, full details thereof shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter the pedestrian access shall be retained.

In the interests of the amenities of the locality and occupiers of the proposed dwellings.

Attention is drawn to the following justifications:

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 GE20 - Flood Defence

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.

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:

Assistant Head of Highways Development Services Howden House 1 Union Street Sheffield S1 2SH

69 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. When preparing detailed proposals for the development of this site, the developer is advised that the Council will encourage the provision of easily accessible housing, capable of adaptation to meet the needs of various people with mobility impairments. Known as "mobility housing", further details are available together with guidance notes from the Access Officer on (0114) 2734197 or from Planning Enquiries on (0114) 2734215.

3. 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.

4. 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.

5. 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

70 6. 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.

7. 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.

8. 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

9. 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.

10. The Council is responsible for allocating house numbers and road names to both new developments and conversions of existing buildings. Developers

71 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

INTRODUCTION

Planning permission was refused for an identical scheme in September 2008 (ref.08/03592/OUT). Refusal was solely due to failing to pass a sequential test in respect of selection of this site for the proposed development. The sequential approach is required due to the site being within a flood risk area.

With the exception of Flood Risk, the sub sections of the Planning Assessment are reproduced from the previously refused application.

72 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 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. In the previous scheme (08/03592/OUT) the applicant expressed agreement to reducing the end unit to single storey, if required, in order 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 with all other matters being reserved for subsequent approval.

RELEVANT PLANNING HISTORY

Planning permission was refused in September 2008 for an identical development on the site (ref 08/03592/OUT). The reason for refusal is:

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.

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 70 near neighbours and the application has been advertised as a Major Development.

3 letters of representation have been received from local residents (2 from same address). The representations are:

- Improvement on original scheme (24 flats) but still too dense a development for small site - increase in traffic and competition for on street parking which is already limited for number of houses in the area - proposed corner unit is approx 1m from outhouse to dwelling in John Street with front door and window facing – will make immediate area feel very overcrowded - loss of privacy/overlooking of dwellings in Charlotte Road, John Street and Clough 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 - light pollution at night - 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 - reduction in height and number of dwellings would go some way to address the issues raised

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 demarcation to ensure that space is preserved as public space and does not become front gardens to the new houses – best achieved by dwellings facing onto an internal courtyard - would like to see new building set back even further from Clough Road/Charlotte Road to reduce impact on adjoining houses

74 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) GE20 (Flood Defence)

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.

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.

75 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 re- used. 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. However, the most recent flood risk modelling has resulted in the site being down graded to Flood Zone 2 (‘medium probability’ - between 1 in 100 and 1 in 1000 annual probability).

Guidance in PPS25 requires a sequential test to site selection to be passed for this type of development in Zones 2 and 3. 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.

Housing development in Zone 3 that passes a sequential test must also pass an ‘exception test’. The exception test must demonstrate that the development will provide wider sustainability benefits to the community that outweighs flood risk. It must also locate development, where possible, on brownfield land and there must be no increase in flood risk elsewhere. This requirement does not apply to housing development within Flood Zone 2, unless basement dwellings are proposed.

The Council’s recently published Strategic Housing Land Availability Assessment (SHLAA) 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 previous application did not provide sufficient evidence to demonstrate that no sites of similar size were available within areas less vulnerable to flooding. In this application, a sequential test has been undertaken on the basis of sites identified in the SHLAA that are comparable in size and have permissions for development of similar type and scale. This has significantly reduced the parameters of the search criteria, resulting in only two alternative sites being tested against.

The sites are at Manor and Burncross respectively. The Manor site is committed for development by a housing association and the Burncross site is no longer being marketed for sale. Both sites are therefore not available.

76 Government guidance regarding the Sequential Test is open to a degree of interpretation by individual planning authorities. It should be recognized that the approach taken in this instance is not necessarily the sole approach that could be taken. A case could be made for requiring assessment against larger sites that would be capable of accommodating the proposed development as part of a wider scheme. However, at present, the evidence base is insufficient to conclude that this more rigorous method of assessment is the correct approach. Government Office have not been able to provide definitive guidance on request and, in the absence of conclusive evidence, the sequential test undertaken is considered reasonable in this instance. The approach taken will not set a clear precedent for sequential testing of future development proposals. These will be considered on their own merits having regard to individual circumstances and the latest documented practice or agreed approach at the time.

On the basis of the above, the Environment Agency have withdrawn their objection to the proposed development on sequential test grounds. An objection on the grounds of insufficient information about emergency access and safe evacuation has also been withdrawn. Removal of the objections is subject to conditions about drainage and mitigation against flooding. The conditions can be accommodated without prejudicing the indicative scheme and will ensure compliance with UDP Policy GE20.

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 previously 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

77 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. This is subject to a condition to reduce the end unit as described above.

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 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 £17,849.90.

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.

78 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 2 and is therefore in an area relatively at risk of flooding. Flood risk can be adequately mitigated against. The proposals have passed a sequential approach to site selection for housing which has resulted in the reason for refusing an application for identical development proposals being satisfactorily addressed.

In view of the above, the proposals comply with relevant UDP Policies and national Planning Policy Statements. It is recommended that planning permission is granted subject to conditions and the completion of a legal agreement to secure the provision or enhancement of local recreation space in accordance with UDP Policy H16.

HEADS OF TERMS FOR PLANNING OBLIGATION

The owner shall, on or before the commencement of the development, pay to the Council the sum of £17,849.90 to be used towards the provision or enhancement of Open Space within the vicinity of the site.

In the event of a satisfactory Obligation covering the Heads of Terms set out in the proceeding paragraph, not being concluded by 6th January 2009 (in order to meet Government target time for the determination of the application) it is recommended that the application be refused for failure to make provision in this regard.

Case Number 08/05107/FUL

Application Type A Full Planning Application

Proposal Erection of 1 x 3-storey block comprising retail units at ground floor (2 x A1 (Shops) 1 x A3 (Restaurants and Cafes) and 1 x veterinary surgery (sui generis)), 14 apartments at first and second floors, detached building for use as bin/cycle store and associated car parking and landscaping works (amended as per plans received 27.11.2008)

Location Petrol Filling Station 83 Birley Moor Road Sheffield S12 4WG

Date Received 06/10/2008

Team CITY CENTRE AND EAST

Applicant/Agent DLP Planning Ltd

Recommendation Grant Conditionally 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 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 The approved landscape works shall be implemented prior to the use of the development commencing or within an alternative timescale to be first agreed 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

80 In the interests of the amenities of the locality.

4 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.

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

5 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,

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 locality and occupiers of adjoining property.

6 The shops (Class A1) and restaurant/café (Class A3) shall be used only between 0700 hours and 2300 hours on any day.

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

7 The veterinary surgery shall only be used between 0700 hours and 2300 hours on any day except for exceptional medical needs. A management plan outlining any such circumstances shall have been agreed in writing by

81 the Local Planning Authority before any "out of hours" use is implemented. Thereafter, any alterations to this management plan shall receive prior written approval from the Local Planning Authority.

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

8 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.

9 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.

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 The restaurant/cafe hereby permitted shall not be occupied until details of the proposed extraction system has been submitted to and approved by the local planning authority. These details should include:

- the siting and external appearance of the flue; - the type of filters to be installed to remove odours and any particulars or droplets; - the type and location of any sound attenuation to the fan; - the type of low resistance cowl to be fitted.

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

12 The development shall not commence until actual or potential land contamination and ground gas contamination at the site has been investigated and a Phase I Preliminary Risk Assessment has been submitted and approved in writing by the Local planning Authority. Reports

82 shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004).

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

13 Should further intrusive investigation be recommended in the Phase I Preliminary Risk Assessment Report, development shall not commence until a Phase II Intrusive Site Investigation Report has been submitted to and approved in writing by the Local Planning Authority. The Phase II Intrusive Site Investigation Report shall be prepared in accordance with Contaminated Land Report CLR 11 (Environment Agency 2004), and PPS23.

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

14 Should remediation be recommended in the Phase II Intrusive Site Investigation Report, development shall not commence until a Remediation Strategy Report has been submitted to and approved in writing by the Local Planning Authority. The Remediation Strategy Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and PPS23.

In the event that remediation is unable to proceed in accordance with an approved Remediation Strategy, or unexpected contamination is encountered at any stage of the process, the Local Planning Authority shall be notified immediately. Revisions to the Remediation Strategy shall be submitted to and approved in writing by the Local Planning Authority. Works shall thereafter be carried out in accordance with the approved revised Remediation Strategy.

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

15 Following completion of any measures identified in the approved Remediation Strategy or any approved revised Remediation Strategy a Validation Report shall be submitted to the Local Planning Authority. The Validation Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and PPS23. The site shall not be brought in to use until all the validation data has been approved in writing by the Local Planning Authority on completion of the works outlined in the approved Remediation Strategy Report.

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

16 Before the development is commenced, details of the proposed surfacing, layout and marking out of the car parking accommodation shall have been submitted to and approved in writing by the Local Planning Authority. The

83 development shall not be used unless the car parking accommodation has been provided in accordance with the approved plans and thereafter such car 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.

17 The development shall not be used unless all redundant access have been permanently stopped up and reinstated to kerb and 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.

18 There shall be no gates or barriers erected at the means of access to the site unless otherwise agreed in writing by the Local Planning Authority.

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

19 The building shall not be used unless a 2 metre wide footway has been provided along the frontage of the property on Birley Moor Road and connected to the existing footway system between site boundaries on Birley Moor Road.

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

20 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.

21 There shall be no restriction to public parking within the site unless otherwise agreed in writing by the Local Planning Authority. The management company may introduce and operate a permit parking scheme for residents of the development and also introduce and operate time restricted parking and sanctions for any vehicles other than residents parking within the curtilage of the development. Time restrictions and sanctions for vehicles, or any other changes to the parking layout and operation proposed in this application, may only be implemented after details have been submitted for inspection and approved in writing by the Local Planning Authority.

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

22 Before the use of the development is commenced, full details of the proposed refuse storage facilities to serve the development 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.

23 There shall be no outside storage of materials or rubbish unless contained in approved refuse collection bins.

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

24 Before the development is commenced, 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.

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

Windows Window reveals Doors Eaves and verges External wall construction Brickwork detailing Balconies Entrance canopies

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

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.

26 Before the commercial units are occupied, the uses of each unit shall be agreed in writing by the Local planning Authority. Two of the units shall be within the A1 retail use class, one of the units will be in the A3 use class and one of the units will be a veterinary surgery (sui generis).

In order to define the permission.

Attention is drawn to the following justifications:

S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas H15 - Design of New Housing Developments GE5 - Housing Development

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 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

2. 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.

86 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.

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.

Site Location

87 LOCATION AND PROPOSAL

The application site, which is currently occupied by a petrol filling station with ancillary convenience store, van hire operation and car wash, is located on the eastern side of Birley Moor Road, in a designated Local Shopping Centre as defined in the Unitary Development Plan (UDP).

North west of the application site, and also within the Local Shopping Centre, is a detached and vacant dwellinghouse (81 Birley Moor Road) which was recently granted planning permission for conversion to three flats (application 08/04620/FUL refers). Further along the frontage is a detached property in use as a bookmakers, a fishing tackle shop and The Sherwood public house. To the rear of number 81 is a newly erected bungalow (application 05/01663/FUL refers).

The site falls steeply away to the north east, adjoining a strip of unregistered scrub land which supports some fairly well established trees and vegetation but which is generally in an untidy state having been used for fly tipping. The scrub land separates the application site from the rear gardens of semi-detached dwellinghouses on Silkstone Crescent and the residential estate beyond.

To the east, and situated approximately 4 metres below the application site, is a detached property occupied by the Dexel Tyre Company, its access road and a public footpath. Adjacent to this is a wide swathe of public open space designated as Green Belt and framed by dense belts of mature trees.

The site is located towards the southern end of the Birley Moor Road Neighbourhood Centre at Frecheville, the main focus of which lies some 100 metres or so to the north west. The Centre contains a good variety of shop and service outlets, within easy walking distance of the densely populated surrounding residential estates. Birley Moor Road is a heavily-trafficked route, and high frequency bus services pass the site. Land on the opposite side of Birley Moor Road, is occupied by semi-detached dwellinghouses located on the edge of a designated Housing Area.

Planning permission is sought for the erection of a three storey block comprising of two shop units (Class A1), a restaurant/café (Class A3) and a veterinary surgery (sui generis) at ground level with 14 two bedroom apartments over. The six apartments on the second floor are accommodated in the roof space. The development also includes a car park for 31 vehicles, including 6 spaces for people with disabilities.

RELEVANT PLANNING HISTORY

96/00975/FUL An application for use of the petrol station shop as a hot food takeaway was withdrawn.

SUMMARY OF REPRESENTATIONS

Six letters of objection were received in connection with the proposed development. The concerns raised include:

- The scale of the development is not in-keeping with the character of the area. - Overspill parking from the development will inconvenience local residents who are already badly affected by parking related to the existing retail units. - There is no demand for additional retail units in the locality. - Dwellinghouses on Birley Moor Road and Silkstone Crescent will be overlooked and overshadowed by the development. The balconies on the rear of the development in particular will impact on the privacy of the occupants of properties on Silkstone Crescent. - The development will overshadow and have a harmful impact upon the bio diversity of the overgrown land to the rear of the application site. - The development will overshadow the solar panels installed on the bungalow to the rear of 81 Birley Moor Road. - There are already a number of food and drink outlets in the local area, many of which create litter, attract vermin and emit smells which harm the amenities of those living nearby.

In addition a letter was received from Clive Betts MP who raised concerns about the development on behalf of a local shop owner. His constituent is concerned about the over provision of shops in the area and the potential advantage the proposed units would have due to the on-site parking provision. He also queried whether access to the apartments was via a long external walkway, suggesting that this would not be desirable. However, the apartments are accessed from either end of the development through stair/lift towers.

PLANNING ASSESSMENT

Local Policy Issues

The site lies within the Birley Moor Road Local Shopping Centre. Policy S7 of the UDP (Development in District and Local Shopping Centres) identifies Shops (Class A1) as the preferred type of development, although a range of compatible uses are also acceptable in principal, including restaurants and cafes (Class A3) and housing (Class C3). The acceptability of other uses, such as a veterinary surgery (sui generis), are decided on their individual merits. Policy S10 (Conditions on Development in Shopping Areas) identifies conditions with which development in a Local Shopping Centre must comply. It states that development should:

- Not lead to a concentration of uses that would prejudice the dominance of retail use in the Centre. - Not cause residents or visitors to suffer from unacceptable living conditions, including air pollution, noise, or other nuisance or risk to health and safety. - If appropriate, provide an environmental buffer to shield sensitive land uses and of an appropriate scale and nature. - Be adequately served by transport facilities, with safe highway access and appropriate off-street parking, and not endanger pedestrians.

Subject to good design, particularly to protect the future amenity and privacy of new and existing residents, the proposed development is acceptable in this location. New shops would increase the amount of A1 retail floorspace within the Neighbourhood Centre, while a cafe/restaurant and a veterinary surgery would help expand the range of facilities available to local residents in a location that is readily accessible to many by foot, bus or car, and would help encourage shared trips to facilities.

While Policy S7 indicates that new housing development would be acceptable here in principle, and Policy S10 notes conditions that should influence design and layout, Policy H15 (Design of New Housing Developments) expects the design of new housing developments to provide easy access to homes and circulation around the site for people with disabilities or with prams; and to provide adequate private gardens or communal open space to ensure that basic standards of daylight, privacy, security and outlook are met.

Furthermore, Policy GE4 (Development and the Green Belt Environment) requires that the scale and character of any development conspicuous from the Green Belt should be in keeping with the area and, wherever possible, conserve and enhance the landscape and natural environment.

National Policy Guidance and Sustainability

A statement was submitted with the application detailing the energy efficient features of the development which will include the use of energy efficient condensing boilers and lighting, as well as toilets and showers with water saving features. In addition on-site renewable energy will be provided through the solar panels which are to be installed on the roof of the development.

Design and Residential Amenity

The proposed development comprises of active uses at ground floor level (four units) with two levels of living accommodation over, the second floor level occupying the roof space. The proposed floor to ceiling heights are greater than on many of the surrounding properties, however, at two storeys plus roof, the scale of the development is generally considered to be in-keeping with the character of the area.

The roofline of the scheme as submitted was considered to be overly dominant, however changes have been made to the design of the development to break up the prominent ridge line and add visual interest. In addition, the originally proposed

90 cladding at first floor level has also been replaced with brick to reflect local character.

Minor changes to the car park, involving the loss of two spaces, have enabled the formation of a reasonably sized, enclosed garden to serve future residents, in addition to the balconies from which all but two of the 14 apartments benefit.

The proposed development is elevated approximately 5 metres above dwellinghouses to the north east on Silkstone Crescent and a distance of approximately 46 metre separates their rear elevations. It is considered that this level of separation, as well as the natural screening provided by existing and proposed trees and shrubs, is sufficient to prevent any overlooking or overshadowing of the dwellinghouses on Silkstone Crescent and complies with Guideline 6 of the Council’s supplementary planning guidance (spg) ‘Designing House Extensions’ which states that, in order to protect minimum levels of privacy, a distance of 21 metres should be maintained between facing main windows. The development will undoubtedly be visible from Silkstone Crescent and, in the winter months it may prevent some direct sunlight from reaching these properties in the afternoon. However, it is considered that the development will not cause demonstrable harm to the amenities of occupants of 46 to 56 Silkstone Crescent.

A minimum distance of 36 metres is maintained between the proposed development and the semi-detached dwellinghouses on the opposite side of Birley Moor Road (numbers 78 to 90). Again, this level of separation is considered to be enough to protect the privacy of residents on the western side of Birley Moor Road. Moreover, given that the development is located to the north-east of these properties, it will not impact on levels of sunlight.

The bungalow to the rear of 81 Birley Moor Road, which is located approximately 40 metres directly north of and 5 metres below the proposed development, may also experience some loss of direct sunlight during the winter months. However, given the level of separation and the height of the proposed development, which is in-keeping with the character of the area, it is considered that the scale of impact will not be significant and does not justify a refusal in this instance.

A landscape scheme, which includes the planting of trees and large shrubs along much of the site perimeter, will soften the visual impact of the development and reinforce existing vegetation. It is also envisaged that the landscape scheme, combined with a permanent residential presence, will improve views into and deter people from misusing the scrub land to the rear of the application site.

The installation of an appropriate fume extraction system serving the restaurant/cafe is reserved by condition. Such a system should neutralise odours, limiting the impact of the development from smells on the amenities of the occupants of neighbouring properties and future residents. Moreover, the siting of the system will be carefully assessed in order to minimise its visual impact. As consent is sought for a restaurant rather than a hot food takeaway, it is not though that litter will be a significant problem. However, conditions are proposed requiring details of all refuse bins, while the outside storage of materials or rubbish is prevented in order to discourage vermin.

Highway Issues

The proposed development includes a car park for 31 vehicles, including 6 parking spaces for people with disabilities. The level of car parking is significantly higher than would normally be acceptable for this type of development and, while some of the parking spaces will be used by the occupants of the proposed commercial and residential premises, the additional spaces should help to alleviate some of the on- street parking problems already associated with the local shopping centre.

In order to deter misuse of the car park (for example by people using it as a form of park and ride), it is anticipated that parking for non-residents will be restricted to short stay parking only.

Mobility Housing

Policy H7 of the UDP encourages the provision of a proportion (25%) of mobility housing in all new residential developments in line with supplementary planning guidance (SPG) Mobility Housing. In this instance, 6 of the 14 proposed apartments (approximately 42%) have been designed to mobility housing standards.

Affordable Housing

This application was validated on 6 October 2008, before the adoption of the revised Affordable Housing Interim Planning Guidance by Cabinet on 8 October 2008. However, as the previously adopted 2006 Housing Interim Planning Guidance only identifies those sites with 25 or more dwellings in urban areas as qualifying for affordable housing provision, there is no affordable housing requirement in this instance.

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 agreed to enter into a unilateral planning obligation and agreed to pay the Council the sum of £11,391.80 upon the commencement of development. The monies will be distributed in consultation with the relevant Area Panel.

SUMMARY AND RECOMMENDATION

The proposed development, as amended, complies with the relevant UDP policies and is considered to sit comfortably in its setting without harming the character and appearance of the area nor the amenities of the occupants of neighbouring properties.

It is therefore recommended that Members grant planning permission subject to the recommended conditions and the completion of a legal agreement.

HEADS OF TERMS FOR LEGAL AGREEMENT

1. On or before the commencement of development, the Owner shall pay the sum of £11,391.80 to the Council, to be used towards the provision of open space within the vicinity of the site.

Case Number 08/05079/OUT

Application Type Outline Planning Application

Proposal Erection of a 4-storey building comprising of ground floor office accommodation and coffee shop with apartments at 1st, 2nd and 3rd floor levels and provision of a landscaped courtyard and carparking accommodation

Location Land Between Dun Street And Dun Fields Green Lane Shalesmoor Sheffield

Date Received 02/10/2008

Team CITY CENTRE AND EAST

Applicant/Agent Coda Studios Ltd

Recommendation To Report

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 and b. layout (matters reserved by this permission) shall have been obtained from the Local Planning Authority.

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.

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

4 Prior to the commencement of development, floor plans for the first, second and third floors of the development shall be submitted to and approved by the Local Planning Authority.

In order to define the permission and ensure an appropriate layout.

5 The development shall not begin until details of affordable housing, if required, in accordance with the Affordable Housing Interim Planning Guidance 2006 have been submitted to and approved by the Local Planning Authority.

In order to comply with the Affordable Housing Interim Planning Guidance 2006.

6 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 The report shall demonstrate how this will be achieved using any combination of decentralised and renewable, or low carbon energy sources.

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

7 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.

8 Before the development is commenced, full details of the proposed servicing arrangements for the office and coffee shop (including the hours of servicing) shall have been submitted to and approved in writing by the Local Planning Authority, and thereafter adhered to.

In the interests of pedestrian safety and the amenity of the locality.

9 Framework Travel Plan required prior to development commencing (For multi-occupiers, outlines and speculative devs)

95 Prior to the commencement of development, a Framework Travel Plan, 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. The Framework Travel Plan shall include:

1. Clear and unambiguous objectives, modal split targets and an indicative programme of implementation 2. A monitoring, review and reporting programme in accordance with Sheffield City Council's 'Monitoring Schedule'; and, 3. Details of arrangements to inform future occupiers of the requirement to develop, implement and monitor detailed Travel Plans, in accordance with the approved Framework Travel Plan and the condition outlined below.

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 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.

11 Prior to any works commencing on site, full details of the following shall have been submitted to and approved in writing by the Local Planning Authority, and the construction works shall only be progressed in accordance with the approved details:

- Construction method statement. - Site safety. - Any temporary site access for construction traffic. - Location of site compound and temporary car parking arrangements for contractors. - Haulage routes. - Any times when construction works and movement of construction traffic will be restricted.

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

96 12 The development shall not be used unless all redundant access have been permanently stopped up and reinstated to footway and kerbs, 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.

13 The development shall not be used for the purposes hereby permitted unless the scheme of sound attenuation works described in the Noise Report produced by Environmental Noise Solution Limited has been carried out as specified in the Report and such works shall thereafter be retained.

Such scheme of works shall:

a) 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),

b) 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.

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

14 The office accommodation hereby permitted shall not be occupied unless a scheme of sound attenuation works has been installed and thereafter retained.

1. Such a scheme of works shall be capable of achieving, Noise Rating Curve NR45.

(Noise rating curves should be measured as a 15 minute linear Leq at the octave band centre frequencies 31.5kHz to 8kHz).

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

15 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,

97 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 locality and occupiers of adjoining property.

16 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.

17 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.

18 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.

19 As further intrusive investigation has been recommended in the Phase I Preliminary Risk Assessment Report, development shall not commence until a Phase II Intrusive Site Investigation Report has been submitted to and approved in writing by the Local Planning Authority. The Phase II Intrusive Site Investigation Report shall be prepared in accordance with Contaminated Land Report CLR 11 (Environment Agency 2004), and PPS23.

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

20 Should remediation be recommended in the Phase II Intrusive Site Investigation Report, development shall not commence until a Remediation Strategy Report has been submitted to and approved in writing by the Local Planning Authority. The Remediation Strategy Report shall be prepared in

98 accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and PPS23.

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

21 Following completion of any measures identified in the approved Remediation Strategy or any approved revised Remediation Strategy a Validation Report shall be submitted to the Local Planning Authority. The Validation Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and PPS23. The site shall not be brought in to use until all the validation data has been approved in writing by the Local Planning Authority on completion of the works outlined in the approved Remediation Strategy Report.

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

22 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.

23 Before the development is commenced, full details of the proposed servicing arrangements for the Offices and Coffee Shop (particularly the hours of servicing) shall have been submitted to and approved in writing by the Local Planning Authority, and thereafter adhered to.

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

24 The shall not be used unless 2.0 metres x 2.0 metres vehicle/pedestrian intervisibility splays have been provided on both sides of the means of access such that there is no obstruction to visibility greater than 600 mm above the level of the adjacent footway and such splays shall thereafter be retained.

In the interests of the safety of road users.

99 25 Upon determination of the proportions of residential and office accommodation on the building’s upper floors, and prior to the commencement of development, full details of the building and its intended use along with the proposed surfacing, layout and marking out of the car parking accommodation shall have been submitted to and approved in writing by the Local Planning Authority. The building shall not be used unless the car parking accommodation has been provided in accordance with the approved plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

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

26 The development shall not be begun until improvements to the highways listed below have either:

a) Been carried out (details of which shall have been given prior approval by the Local Planning Authority), or

b) Arrangements have been entered into to ensure the works are implemented before any of the apartments are occupied.

Highway Improvements:

- New street lighting scheme round the perimeter of the development site, specification/design to be agreed (possibly mounted from the building).

- Re-surfacing the footways and carriageways abutting the development site frontage along Dun Fields, Green Lane, and Dun Street, all in accordance with a palette of materials to be submitted to and approved in writing by the Local Planning Authority.

- Review/promotion of Traffic Regulation Orders in the vicinity of the development site that might be desirable as a consequence of development (waiting/loading restrictions & 20 mph zone) entailing advertising, making and implementing the Traffic Regulation Order subject to usual procedures (including provision and installation of regulatory traffic signs and road markings in accordance with traffic signs, Regulations and General Directions 2002).

- A review of tactile paving and lowered kerb locations in the vicinity of the development site (and provision of new facilities where necessary) to assist pedestrians crossing the road and to fit with new pedestrian desire lines created by the development.

- Any other accommodation works to traffic signs, road markings, lighting columns, and general street furniture necessary as a consequence of development.

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

27 The development shall not be begun until a scheme to promote access to a Car Club (as detailed below) shall either: i. have been carried out; or ii. details have been submitted to and approved by the local planning authority of arrangements which have been entered into which will ensure the Car Club Scheme is carried out before the flats are occupied.

The Car Club Scheme shall include:

a. the provision of publicly accessible car parking bays designated, signed and thereafter retained solely for the use of Car Club vehicles. b. The provision of measures to ensure all eligible site users are encouraged to sign up as members of the car club scheme for a minimum of 1 year. c. Arrangements to ensure ongoing marketing of the benefits of car club to site users for a minimum of 3 years.

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.

28 Prior to the commencement of development, full details of suitable access and facilities for people with disabilities, both to and within the development and also within the curtilage of the site, shall have been submitted to and approved in writing by the local planning authority. Such details shall include the following:

- Provision of at least 25% of units designed to mobility standards - A plan to demonstrate level access to all - parts of the new development;

and shall have regard to information provided in the Council's Disability Design Standards.

The development shall not be used unless such access and facilities have been provided in accordance with the approved plans. Thereafter, such access and facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).

To ensure ease of access and facilities for disabled persons at all times.

29 No development shall take place until details of the proposed building foundation details have been submitted to and approved by the local planning authority.

In order to protect the sewerage infrastructure.

101 30 No development shall take place until details of any piling operation have been submitted to and approved by the local planning authority.

In order to protect the sewerage infrastructure.

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

To ensure satisfactory drainage arrangements.

32 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.

33 Details of an area of open space, which shall be no less than 10% of the site area and shall include details of its use and any structures to be erected upon it, shall be included with the reserved matters submission for the siting of the dwellings hereby approved. This condition shall not preclude an agreement being reached with the Council for some alternative means of providing the requisite open space either on another site or by way of a contribution towards the provision or improvement of facilities on another site.

In order to meet the requirements of Policy H16 of the Unitary Development Plan.

Attention is drawn to the following justifications:

IB5 - Development in General Industry Areas BE5 - Building Design and Siting BE16 - Development in Conservation Areas

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

Attention is drawn to the following directives:

1. To ensure that the road and/or footpaths on this development are constructed in accordance with the approved plans and specifications, the work will be inspected by representatives of the City Council. An inspection fee will be payable on commencement of the works. The fee is based on the rates used by the City Council, under the Advance Payments Code of the Highways Act 1980.

102 If you require any further information please contact Mr S A Turner on Sheffield (0114) 2734383.

2. 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

3. 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.

103 Site Location

LOCATION AND PROPOSAL

The application site lies at the junction of Dun Street and Dun Fields with Green Lane, directly opposite the grade II* listed entrance to Green Lane Works. The site lies with the Kelham Island Conservation Area and is currently occupied by Cornish Steel Works, a relatively plain two storey red brick industrial building built around 1950 which, though of little architectural or historic interest, is one of only a handful of mid-twentieth century industrial buildings left in Kelham Island.

On the north west side of Dun Street, on the site of the former Daisy Spring Works, a development of 132 apartments with active ground floor uses and 101 car parking spaces in a basement car park is nearing completion (application 04/02069/FUL refers).

Land to the south east comprises of a complex of industrial brick buildings of

104 between two and four storeys in height with planning consent for part- demolition and part-conversion of the existing buildings and the construction of a new four and five storey development of 138 residential apartments and 658 square metres of office accommodation (application 06/04904/FUL refers).

Planning permission was granted in October 2006 for the erection of 33 apartments in a three and four storey building with ground floor office accommodation, coffee shop and car parking. This consent has not been implemented. The application was recently resubmitted in outline form, prior to the implementation of the new affordable housing policy, seeking a more flexible consent given the current economic climate. Outline planning permission is now sought for the same three and four storey building with ground floor office accommodation, coffee shop and car parking, but with the upper floors in use as either residential accommodation (a maximum of 33 apartments) or office accommodation, or a combination of the two. Hence consent is sought for access, appearance and scale, while landscaping and layout are reserved for subsequent approval.

SUMMARY OF REPRESENTATIONS

No representations were received in connection with the proposed development.

PLANNING ASSESSMENT

Policy Context

The application site lies within a General Industry Area as defined in the adopted Unitary Development Plan (UDP). Policy IB5 of the UDP describes general industry and warehousing as the preferred uses in General Industry Areas, with small shops, food and drink outlets, and business uses considered to be acceptable.

Policy IB5 also describes housing as an unacceptable use as the living conditions in industrial environments are not considered to be satisfactory and the presence of housing can prejudice the viability of existing and potential industrial uses. The proposal has been advertised as a departure from the adopted plan.

However, as a result of the increased pressure for new development, in December 2004 the City Council produced an action plan with the purpose of guiding regeneration in the St. Vincent’s Quarter and parts of Kelham Island. The plan is a material consideration when assessing planning applications in the area prior to the adoption of the Sheffield Development Framework (SDF), which will ultimately replace the existing UDP.

The Action Plan identifies the application site as falling within a new Housing Opportunity Area, a flexible designation in which there are no requirements for any one use to dominate, but which enables housing to take a lead role in the regeneration of older industrial and commercial areas, where environmental

105 conditions allow. In this context the proposed development is acceptable in land use terms.

Policy BE5 of the UDP (Building Design and Siting) states that original architecture will be encouraged, but that new buildings should complement the scale, form and architectural style of surrounding buildings.

Policy BE16 (Development in Conservation Areas) states that new developments will be expected to preserve or enhance the character or appearance of the conservation area. Buildings which make a positive contribution to the character or appearance of the conservation area should be retained, but that the redevelopment of sites which detract from a conservation area will be encouraged where it would enhance the character or appearance of the area.

Sustainability

Central Government advice in Planning Policy Statement 3 (PPS 3) ‘Housing’ states that the Government is committed to promoting more sustainable patterns of development by concentrating most additional housing development within urban areas and on previously developed land. The application site is defined as previously developed land and is situated on the edge of the city centre in an emerging residential area, within walking distance of a range of facilities and public transport services. The city requires developers to minimise the impact of their development on the environment by reducing the predicted carbon emissions of the scheme by 10 to 20%, or by incorporating renewable energy sources on site. Given that this application is seeking outline consent, this requirement is reserved by condition.

Flood Risk

There is currently an objection from the Environment Agency (EA) in respect of this application. This objection was based upon the lack of a sequential test at the time of submission, given that the application site lies within Flood Zone 3 of the Environment Agency’s Flood Zone Map. The sequential test has now been completed and is currently under assessment. The outcome will be reported to Members at the Area Board meeting.

Building Design and Impact on Character of Conservation Area

Cornish Steel Works is a two storey red brick industrial building built around 1950. It is a relatively plain building with some concrete detailing including a continuous concrete window header and decorative main entrance. It is one of only a handful of mid-twentieth century industrial buildings left in Kelham Island, however, in itself it is of little architectural or historic interest. The demolition of Cornish Steel Works is not considered to be controversial provided the redevelopment of the site enhances the character or appearance of the area. Indeed the principle of developing the site has already been agreed with the granting of the 2006 permission.

106 The scheme currently proposed is identical to that previously approved in terms of its scale and external appearance. At three and four storeys the scale of the scheme is still considered to be sympathetic to the site’s historic context and relates closely to developments approved on neighbouring sites. The building’s elevations are decisively contemporary, yet reminiscent of the uncomplicated style of the areas industrial buildings. The palette of materials also reflects the sites industrial heritage and includes red brick, zinc and corten cladding. As before, it is considered that the proposed development will make a positive contribution to the character and appearance of the Kelham Island Conservation Area.

Issues of residential amenity were also considered during assessment of the last application. Privacy distances were considered to be satisfactory in this urban setting whilst the PPG24 based noise assessment survey submitted with the application, identified a need for conditions to achieve a high standard of sound attenuation. The potential for office accommodation on the upper floors does not raise any additional amenity issues.

Accessibility

Policy H7 of the Unitary Development Plan encourages all new housing to provide at least 25% of the accommodation to mobility housing standards. This requirement is reserved by condition.

Archaeology

An archaeological assessment of the application site determined that the possibility of any historic remains surviving the building of Cornish Steel Works was unlikely. No further archaeological works are required.

Highways

Various highway improvements are required as part of the proposed development, including the relaying of the adjoining footway in appropriate materials and new street lighting, as well as a review of Traffic Regulation Orders.

The mix of uses on the building’s upper floors will have an impact upon the required level of car parking. The level of parking provision currently proposed (23 spaces) is considered to be sufficient to serve a largely residential scheme. However, the level of parking would need to be reduced if there was a greater proportion of office to residential accommodation. Details of the layout of the car park are therefore reserved by condition.

Affordable Housing

This application was validated on 2nd October 2008, before the adoption of the revised Affordable Housing Interim Planning Guidance by Cabinet on 8 October 2008. However, as this application is seeking consent for up to 33 apartments, there may be a requirement to provide affordable housing in line with the

107 previously adopted 2006 Housing Interim Planning Guidance (which identifies those sites with 25 or more dwellings in urban areas as qualifying for affordable housing provision). This requirement is reserved by condition.

Open Space Enhancement

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 the vicinity of the application site. The applicant will have to enter into unilateral planning obligation and agree to pay the contribution to the Council upon the commencement of development. The monies will then be distributed in consultation with the relevant Area Panel. As the level of residential accommodation is currently unknown, this is again reserved by condition.

SUMMARY AND RECOMMENDATION

The proposed development comprises the resubmission of a previously approved scheme in outline format, in order to obtain a more flexible consent given the current economic climate. The scale, external appearance and ground floor accommodation remain as approved, while the upper floors could be in use as either residential accommodation (a maximum of 33 apartments) or office accommodation, or a combination of the two.

If the upper floors of the development were in residential use, the scheme would represent a departure from the UDP as it would contravene Policy IB5 of the plan, which states that housing is an unacceptable use in General Industry Areas. However, the St. Vincent’s Action Plan, which is a material consideration when considering planning applications in the area prior to the adoption of the Sheffield Development Framework, identifies the application site as falling within a new Housing Opportunity Area, a designation which allows either housing or business uses to take a lead role in the regeneration of old industrial and commercial areas. There are therefore no policy implications in allowing flexibility in the use of the upper floors

At 3 and 4 storeys in height the development is considered to reflect the scale of buildings in the immediate locality while the building’s external appearance is considered to enhance the character and appearance of the area. As such, it is recommended that Members grant outline consent subject the proposed conditions, provided that the objection of the Environment Agency has been lifted.

108

Case Number 08/05057/FUL

Application Type A Full Planning Application

Proposal Erection of 20 apartments

Location Land Adjacent To 24 Bassledene Road Sheffield

Date Received 06/10/2008

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 The development shall not be used unless a level threshold has been provided to the entrance of flats 1 to 8 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.

4 The approved landscape works shall be implemented prior to the use of the development commencing or within an alternative timescale to be first agreed 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

109

In the interests of the amenities of the locality.

5 Before the development is commenced; details of the proposed surfacing, layout and marking out of the car parking accommodation and associated pedestrian routes shall have been submitted to and approved in writing by the Local Planning Authority. The building shall not be used unless the car parking accommodation has been provided in accordance with the approved 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.

6 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.

7 Before the development is commenced, full details of the covered cycle/motorcycle 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.

8 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.

9 The front boundary wall and railing detail indicated on the submitted plans are not approved. Before work on site is commenced, details of all site enclosures shall be submitted to and approved in writing by the Local Planning Authority and the development shall not be used unless such means of site enclosure have been provided in accordance with the approved details and thereafter such means of site enclosure shall be retained.

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In the interests of the amenities of the locality.

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

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

To ensure satisfactory drainage arrangements.

12 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.

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

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

111 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.

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.

112 Site Location

LOCATION AND PROPOSAL

Located on the Manor, between St Swithun’s Church and number 24 Bassledene Road, the application site comprises of a plot of land measuring approximately 40 metres by 40 metres. The site rises gently from north to south. Part of the site is occupied by a disused tennis court with perimeter fencing, while the remainder is covered with overgrown vegetation.

The site adjoins a pair of small semi-detached hipped roof dwelling houses to the north and St. Swithun’s Church with ancillary car park to the south. Properties to the west comprise of 2 storey Housing Association owned flats and to the east, on the opposite side of Bassledene Road, small two storey terraced dwelling houses.

In December 2007, planning permission was refused for the erection of 24 apartments in a 3 storey block plus ancillary car parking for the following reason:

113 ‘The Local Planning Authority consider that the proposed development is out of scale and character with the street scene and would be overbearing in relation to adjoining residential property, resulting in an unacceptable affect on the living conditions of occupiers of that property. In addition the development is considered to be contrary to the aims of the Housing Market Renewal Programme and the Manor Neighbourhood Development Framework, both of which recommend that emphasis is placed on the provision of family homes. In these respects the proposal is contrary to Policies H14 and BE5 of the Unitary Development Plan and to the advice contained in the Housing Market Renewal Programme and the Manor Neighbourhood Development Framework.’

This decision was upheld at appeal with the Inspector agreeing that the proposal would not sit comfortably amongst its surroundings and would appear unduly dominant in the street scene. He also felt that the living conditions of the occupiers of 24 Bassledene Road would be changed for the worse. The Inspector did not agree, however, with the requirement to provide family housing on the application site.

Planning permission is now being sought for the erection of 20 apartments in a two storey block with ancillary parking.

RELEVANT PLANNING HISTORY

04/04518/RG3 - Outline planning consent was approved in February 2005 for the erection of 13 flats in two 2 storey blocks with ancillary car parking accommodation.

07/04072/FUL - Planning permission was refused in December 2007 for the erection of 24 apartments with ancillary car parking.

SUMMARY OF REPRESENTATIONS

Two objection letters were received in connection with the proposed development. They raised the following concerns:

- the development would block the morning sun from reaching properties on Fitzhubert Road. - The development would result in a loss of privacy for the occupants of properties on Fitzhubert Road. - Many flats have been built in the locality in recent years.

PLANNING ASSESSMENT

Local Policy Issues

The application site lies within a designated Housing Area as defined in the Unitary Development Plan (UDP) in which Housing is the preferred use of land (Policy H10).

114 Policy H14 (Conditions on Development in Housing Areas) of the UDP states that new development will be permitted provided that:

- new buildings are well designed and in scale and character with neighbouring buildings; - the site would not be over-developed or deprive residents of light, privacy or security; and - it would provide safe access to the highway network and appropriate off- street parking and not endanger pedestrians.

Similarly Policy H15 (Design of New Housing Developments) expects the design of new housing developments to provide easy access to homes and circulation around the site for people with disabilities or with prams; and to provide adequate private gardens or communal open space to ensure that basic standards of daylight, privacy, security and outlook are met.

Policy BE5 (Building Design and Siting) encourages original architecture, but requires new buildings to complement the scale, form and architectural style of surrounding buildings.

In addition, the application site lies within a Housing Market Renewal (HMR) area and forms part of the Manor Neighbourhood Development Framework (MNDF). Both the HMR programme and the NDF call for high quality and sustainable design solutions to support the regeneration of this neighbourhood.

National Policy Guidance and Sustainability

Central Government advice in Planning Policy Statement 3 (PPS 3) ‘Housing’ states that the Government is committed to promoting more sustainable patterns of development by concentrating most additional housing development within urban areas and on previously developed land. The application site is defined as previously developed land and is situated in a well established residential area. Although more than 500m from the application site, good public transport routes to and from the city centre are available on City Road to the south and Harborough Avenue to the north and there is a designated District Shopping Centre at nearby Manor Top.

A statement was submitted with the application detailing the energy efficient features of the development which will include grey water recycling, as well as the use of energy efficient condensing boilers and lighting systems. While it is considered more could be done to reduce the carbon emissions of this development, it is recognised that this is a relatively small, low cost scheme providing affordable one bedroom starter style homes.

Design and Residential Amenity

The proposed development comprises of 20 one bedroom apartments in a two storey L shaped block fronting onto Bassledene Road. The scale of the development, which steps down along Bassledene Road, sits comfortably with its

115 neighbours and the building’s front elevation, as amended, adequately reflects the form of the adjacent semi-detached dwellinghouses.

Unlike the previously refused scheme, the current proposal is much more successful in addressing the street and reflecting local character by incorporating enclosed front gardens and front doors. The use of red brick with small elements of render is also characteristic of development in the area.

The front boundary wall and railings as proposed are overly fussy and a conditions is proposed to address this. The presence of clusters of 3 front doors on the front elevation is not ideal but the central one of the three has been treated differently in order to try and address this issue. The clusters of three doors are to allow front access to all flats in the front block.

A distance of approximately 7.4 metres is maintained between the proposed scheme and the small semi-detached dwellinghouse to the west, no 24 Bassledene Road, and with no openings in the west facing elevation, it is considered that the occupants of number 24 will not suffer any loss of amenity as a result of the development.

The wing of the development which extends towards the rear of the site is situated a minimum of 41 metres from the rear elevations of properties on Fitzhubert Road. With this level of separation it is considered that the occupants of dwellinghouses on Fitzhubert Road will not suffer from any loss of amenity as a result of the development. Moreover, this level of separation is far in excess of the 21 metres usually required between main facing windows in order to maintain minimum levels of privacy, as stated in Guideline 6 of the Council’s supplementary planning guidance (spg) ‘Designing House Extensions’.

A minimum of 12 metres is also maintained between the southern end of this wing and the front elevation of the Housing Association flats at 37 and 39 Cary Road, which complies with Guideline 5 of the Council’s spg ‘Designing House Extensions’ which states that a two storey extension should not be placed nearer that 12 metres in front of the ground floor main windows of a neighbour.

The amended scheme incorporates small private garden areas for most of the ground floor apartments, while occupants of the upper floors will have access to a small communal garden area adjacent the western site boundary. Given its small size and location at the rear of the site, it is considered unlikely that many residents would make use of the communal garden. However, it is also accepted that the proposal comprises of small, one bedroom apartments likely to attract a number of people who do not require much in the way of outdoor amenity space. It is also noted that there is a large, designated open space less than 250 metres from the application site. It is therefore considered that the restricted level of amenity space is not sufficient to justify a refusal in this instance.

Highway Issues

With 16 car parking spaces (including 2 spaces for people with disabilities) serving 20 one bedroom apartments, the development does not comply with our usual

116 requirement of one space per one bedroom dwelling. However, the applicant has provided details of the below average levels of car ownership at similar locations in the locality which it is considered justify the lower level of car parking provision in this instance.

There are a number of concerns in relation to the layout of the proposed car park which need to be addressed, for example the access paths to the external doors of dwellings 7, 8, 9 and 10 stop at the car park requiring residents to pass between parked cars in order to enter or leave the premises. The submission of an amended car park layout is reserved by condition.

Mobility Housing

Policy H7 of the UDP encourages the provision of a proportion (25%) of mobility housing in all new residential developments in line with supplementary planning guidance (SPG) Mobility Housing. In this instance, six of the 10 ground floor apartments (30% of the overall development) are designed to mobility housing standards

Affordable Housing

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 agreed to enter into a unilateral planning obligation and agreed to pay the Council the sum of £9,167.00 upon the commencement of development. The monies will be distributed in consultation with the relevant Area Panel.

SUMMARY AND RECOMMENDATION

This amended proposal for 20 one bedroom apartments in a two storey block is now considered to sit reasonably comfortably in the street scene and will not cause any significant harm to the amenities of the occupiers of neighbouring properties.

While car parking levels fall slightly below the usual minimum requirements and the extent of useable amenity space is limited, it is not considered to justify a refusal in this instance given that these one bedroom apartments are located in an area of lower than average car ownership, and there is a sizeable area of designated public open space within comfortable walking distance of the application site. Moreover, the amended development is considered to support the regeneration aims of the HMR programme and the Manor Neighbourhood Development

117 Framework. It is therefore recommended that Members grant planning permission subject to the proposed conditions and the completion of a legal agreement.

HEADS OF TERMS FOR LEGAL AGREEMENT

1. On or before the commencement of development, the Owner shall pay the sum of £9,167.00 to the Council, to be used towards the provision of open space within the vicinity of the site.

118

Case Number 08/05026/FUL

Application Type A Full Planning Application

Proposal Erection of laboratory with offices in a 1 x 2 storey block

Location Site Of 54 Dorset Street Sheffield S10 2FX

Date Received 30/09/2008

Team SOUTH

Applicant/Agent Bond Bryan Architects (Fountain Precinct)

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 This permission shall relate to the application as amended by the plans received by the Local Planning Authority on 1st December 2008.

For the avoidance of doubt as to what is permitted and to ensure a more satisfactory development of the site.

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 including heads and cills Doors Eaves and verges External wall construction Balconies Entrance canopies

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

119

In order to ensure an appropriate quality of development.

4 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.

5 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.

6 The gradient of shared pedestrian/vehicular access shall not exceed 1:8 unless otherwise agreed in writing by the Local Planning Authority.

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

7 Before the development is brought into use a grit bin shall be provided at the Glossop Road access.

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

8 The building shall not be used unless the car parking accommodation for 2 disabled car parking spaces 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 Before the development is commenced, details of the means of ingress and egress for vehicles engaged in the construction of the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the arrangements for restricting the vehicles to the approved ingress and egress points. Ingress and egress for such vehicles shall be obtained only at the approved points

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

10 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

120 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 traffic safety and the amenities of the locality.

11 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.

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

In the interests of biodiversity.

13 Before work on site is commenced, full details of suitable inclusive access and facilities for disabled people, both to and into the building(s) and within the curtilage of 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 inclusive access and facilities have been provided in accordance with the approved plans. Thereafter such inclusive access and facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).

To ensure ease of access and facilities for disabled persons at all times.

14 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.

15 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

121 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.

16 The approved landscape works shall be implemented prior to the use of the development commencing or within an alternative timescale to be first agreed 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 order to secure a high quality landscape scheme at this location in the interests of the visual amenity of the locality.

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

To ensure satisfactory drainage arrangements.

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

To ensure the development can be properly drained.

19 Unless otherwise approved in writing 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 and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

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

20 The intensity, direction and angle of floodlights shall be to the satisfaction of the Local Planning Authority and the Local Planning Authority reserve the right to require modifications at any time.

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

21 Noise from plant and machinery shall not exceed (- 5dBA) below the background noise levels when measured as a LA90 at the site boundary.

In the interests of the amenity of neighbouring residential properties.

122 22 Unless otherwise agreed in writing with the Local Planning Authority, detailed proposals for surface water disposal, including calculations to demonstrate a 20% reduction compared to existing peak flow, shall be submitted to and approved in writing by the Local Planning Authority prior to the development being commenced.

In order to mitigate against the risk of flooding.

23 Other than for the period of construction the pedestrian footpath (located principally along the southern boundary of the site) enabling a pedestrian link between Dorset Street and Glossop Road and as indicated on the approved plans shall be maintained and retained for public use at all times and shall be retained thereafter.

In the interests of pedestrian safety.

Attention is drawn to the following justifications:

CF7 - Development in Institution: Education Areas CF8 - Conditions on Development in Institution Areas BE2 - Views and Vistas in the Built up Area BE5 - Building Design and Siting BE6 - Landscape Design BE8 - Access to Workplaces BE9 - Design for Vehicles BE15 - Areas and Buildings of Special Architectural and Historic Interest BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings

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. 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

123 the Institute of Lighting Engineers, telephone number (01788) 576492 and fax number (01788) 540145.

3. 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.

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.

5. The Applicant is advised to consult with YEDL Diversions, 94 Aketon Road, Castleford, WF10 5DS before commencing any work on site. If a new supply or alteration to an existing supply is required the Applicant should contact IUS New Connections, Cargo Fleet Lane, Middlesborough, TS3 8DG.

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.

124 Site Location

LOCATION AND PROPOSAL

The site of 54 Dorset Street consists of a large previously developed area of land which now features hardstanding areas and 3 modular buildings. The balance of the land would best be described as urban scrub.

Two of the buildings currently occupying the site are composite panel, brick plinth units of the type often used by establishments to meet short/ medium term shortages in floorspace. The third building has more the appearance of a portacabin. The buildings are painted/treated in blue/brown and are in a relatively poor state of repair.

The site lies on ground falling in the main from west to east so that land levels at the Glossop Road side of the site are elevated approximately 5-6 metres above the Dorset Street side.

125

The site is bordered to the west by the curtilage of the Loch Fynne restaurant which occupies a substantial four storey brick built building that is Grade II Listed.

To the south the site bounds an area of open space adjacent Dorset Street which forms a recreation area though this has fallen into a degree of disrepair.

This area lies adjacent the curtilage of a three storey flat roof building of little architectural merit which presents its end elevation to the application site. To the south and west lies a two storey brick built former villa (387 Glossop Road) which is has its use connected to the University. Both of these buildings and their curtilages form part of the extended University site.

To the north of the site the site shares a boundary with the back yards of a terrace of residential properties which front Ruth Square and which appear to provide student accommodation.

These are two storey dwellings constructed in brick.

This is an application to erect a two storey laboratory/research facility with associated offices which will house the Sheffield Institute for Translational Neuroscience (SITran), which is part of the University of Sheffield.

The proposed footprint would be situated centrally within the site and have overall dimensions measuring approximately 62 metres x 30 metres.

The building is unashamedly contemporary in appearance consisting of a course split faced natural stone faced ground floor surmounted by a first floor predominantly faced in render though with expressed ‘pod’ details faced in timber boarding.

A limited area around the entrance foyer would be faced in pre-patinated copper cladding which has become a signature feature on other recently constructed University buildings.

The plant on the roof of the building would be screened within a powder coated roll formed louvre system.

A mix of glazing is proposed.

The ground floor would feature relatively limited fenestration befitting the intended use within (laboratories), with these openings displaying a horizontal emphasis and assisting in breaking up the more ‘massive’ appearance of the lower ground floor stonework.

The upper floor which would contain offices and post doctoral workspaces, all requiring of greater degree of natural lighting and outlook would feature significant full height glass panels.

126 The library section of the building located in one of the timber ‘pods’ on the south elevation would feature large full glass bay windows which would project beyond the face of the wall by some 800 mm.

Windows and doors will feature solar shades throughout.

The building would have two areas of flat roof. The first would form a terrace above the laboratories facing Dorset Street and would be timber boarded. The second roof, above the upper storey) would boast a green roof.

RELEVANT PLANNING HISTORY

Permission was granted in 2005 (05/01540/TCA) for the removal of selected trees.

Permission was granted in 2006 (06/04317TCA) for the removal of selected trees.

Permission was granted in 2008 (08/05027/CAC) for the demolition and removal of the existing ‘Terrapin’ buildings.

SUMMARY OF REPRESENTATIONS

Councillor Jillian Creasy has written in support of the application, welcoming the provision of a contemporary, laboratory building and the removal of the unsightly buildings on the site. She states that any limited vehicle movements should be dealt with by the Permit Parking Scheme, and requests that the footpath route through the site is retained as a public right of way.

The route runs along the south boundary of the site for about 20 metres before passing through the site and connecting to Glossop Road

PLANNING ASSESSMENT

Policy Issues

The site lies within an Institution: Education Area and the Hanover Conservation Area and policies CF7, CF8, BE2, BE5, BE6, BE8, BE9, BE15, BE16 and BE19 are relevant. BE2 Views and Vistas in the Built-Up Area states:

New development will be expected to respect the skylines, roofscapes and views that are particularly visible within the City.

BE5 Building Design and Siting states:

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.

127 c. all extensions should respect the scale, form, detail and materials of the original building;

BE6 Landscape Design

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: a. provides relevant information relating to new planting and/or hard landscaping, and of existing vegetation to be removed or retained; and b. provides an interesting and attractive environment; and c. integrates existing landscape features into the development, including mature trees, hedges and water features; and promotes nature conservation and uses native species where appropriate.

BE8 Access to Workplaces states:

In all developments which would result in the provision of 20 or more jobs, suitable access arrangements will be promoted… to meet the needs of employees and members of the public with disabilities.

BE9 Design for Vehicles states:

New developments and refurbishments should provide a safe, efficient and environmentally acceptable site layout for all vehicles (including cycles) and pedestrians.

BE15 Areas and Buildings of Special Architectural or Historic Interest

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 Development in Conservation Areas

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: 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 which would preserve or enhance the character or appearance of the Conservation Area. These principles will also be material considerations in considering proposals which would affect the setting of a Conservation Area or significant views into, or out of the Area.

128 Redevelopment of sites which detract from a Conservation Area will be encouraged where it would enhance the character or appearance of the Area.

BE19 Development affecting Listed Buildings

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.

CF7 Development in Institution: Education Areas In Institution: Education Areas the following uses will be: Preferred Education uses and other community facilities and institutions (D1) CF8 Conditions on Development in Institution Areas In Institution Areas, new development or change of use will be permitted provided that it would: b. not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions, including air pollution, noise, other nuisance or risk to health or safety; and d. be well designed and of a scale and nature appropriate to the site; and e. comply with Policies for the Built and Green Environment, as appropriate; and f. be served adequately by transport facilities and provide safe access to the highway network and appropriate off-street parking; and

Assessment

Principle

The proposal is acceptable in principle within an Institution: Education Area

Design Issues

The appearance of the building has been described earlier in this report. The design itself is the product of lengthy negotiations in terms of height, scale, massing and architectural quality.

The individual materials are considered to be of an acceptable quality and to work well within the building when viewed as a whole.

There are some elements of detailing which it is felt require clarification but it is felt that this could be achieved by condition.

In terms of immediate, medium and long vistas the proposal would be viewed in the context of the existing residential and commercial properties and it is considered that the design will represent a considerable improvement in visual amenity terms compared to the existing ‘shamble’ of buildings , hardstandings and urban scrubland.

129 The building is considered acceptable in terms of design and use of materials and is therefore considered to satisfy policies BE2 and BE5.

Highway Issues

The development should not result in any significant increase in vehicular movements in the vicinity of the site. Available car parking is extremely limited and the building occupies a highly sustainable location close to public transport routes. A high provision of cycle parking is provided within the site.

Parking Provision

The proposal makes no provision for standard off street parking

However, it is to be noted that the future occupants of the building are already housed in buildings in the immediate vicinity and as such it is unlikely that significant additional parking demand will be created. It should also be noted that the highways immediately adjacent to the site are subject to waiting restrictions and restrictions resulting from the resident’s parking scheme

Provision has been made for two dedicated disabled spaces and a drop off area located as close to the entrance lobby as possible. This provision is considered acceptable since the University operates a management system administered by on-site staff that assists in booking transport should it be required.

For the able bodied the proposal also lies in a highly sustainable location close to major bus routes on Glossop Road and within walking distance of City Centre. The site also lies within the Sharrow residents parking scheme.

There is some concern with regard to the access and egress to the site given the limited steep gradient across the site. However, the issue of gradients has been addressed in the most practical way possible and is considered acceptable within the context of the scheme as a whole.

As such, subject to conditions, the car parking arrangements are considered satisfactory in relation to policies BE2, BE5 and CF8.

Residential Amenity

The nearest existing dwellings to the proposal would be those houses on Dorset Street and Ruth Square.

The proposal would introduce a building whose side elevation would be, at it’s closest point, 16.5 metres from the rear elevations of terraces on Ruth Square. The side elevation would be two storeys in height. However, there is a considerable fall in land level from the rear of the terraces to the proposed footprint in the order of 1.5-2.0 metres and considering these factors it is not felt that the building will represent any overbearing or overshadowing presence towards the terraces.

130 There is fenestration on this elevation but it is considered that the separation distance and the intervening boundary treatment will negate any significant overlooking.

The ground floor of the proposal achieves a minimum separation distance of 18 metres to dwellings on the east side of Dorset Street but there is no potential for inter-overlooking due to the presence of the high stone boundary wall on the east boundary of the site.

The upper floor of the building achieves a greater separation distance of 20 metres. It is considered that since this separation distance is achieved across a public highway, and the intended use of the upper floor windows is over a significantly lower intensity of use to residential, that this separation is acceptable.

Since the proposal is for office/laboratory use it is not considered that this will represent a significant noise source outside the building. Vehicle movements to and from the servicing area are likely to be limited to office hours and are unlikely to increase to any significant degree above and beyond the existing situation.

In conclusion it is felt that the building will not result in demonstrable harm in terms of overbearing, overshadowing or overlooking towards residential property. It is considered that the redevelopment of the site with a high quality building and associated landscape design will result in an improvement in the amenity of residents of nearby properties.

Access Issues

The topography of this site does not lend itself well to provision for full disabled access. However, it should be re-iterated that the University, as a body, operates a management system administered by on-site staff that assists in booking transport, for disabled staff and graduates, should it be required and that this is not a building that is accessible to the public.

Nonetheless, details provided with the application have addressed the great majority of the issues arising and a condition should be added to the permission seeking submission of outstanding details.

Subject to this condition it is considered that the proposal will provide an adequate overall provision for the disabled.

Landscape and Ecology

The proposal would result in the loss of several trees towards the middle of the site though these are of questionable public amenity value. A landscape scheme has been submitted indicating a significant re-planting schedule.

It is not considered that the loss of the trees is sufficient reason upon which to base a refusal and the planting scheme proposed should more than compensate for any losses.

131 There is no evidence of protected species on the site.

Floodlighting and Plant Noise

The floodlighting proposed is limited in scope, the great majority providing light levels of 10 lux or less to footways, car parking, and the roof area. This represents a light level commensurate with dawn or dusk and should not impact in any way on neighbouring residential properties.

The sole area which is to be lit to a level in excess of this level is the delivery area which is to be lit to a level of 50 lux (just greater than an average street light).

It is considered prudent in this instance to limit the hours of operation of this lighting to negate any potential for disamenity to the terraces on Ruth Square.

The plant room will contain chillers and other plant that could be the source of noise nuisance. A condition should therefore be attached limiting operational levels to those which do not impact on the nearest residential dwellings.

Sustainability

The building design, use of materials and orientation show a commitment to sustainability and this has resulted in a BREEAM rating of ‘Very Good’.

Specific features worthy of note include:

- The extensive sedum roof - Solar shelf at first floor to improve natural daylighting - Heat recovery system as part of ventilation system - Brise soleil to fenestration

Affect on Conservation Area and Listed building

The new building will be seen in juxtaposition with the Grade II Listed Building to the west from limited vantage points on Dorset Street and also upon entering the site from Glossop Road to the east. It is considered that the introduction of the proposal, with its low building profile, quality of design and use of materials and appropriate response to the topography of the site will result in an improvement in the setting of the Listed Building by comparison with existing. The proposal is therefore considered to satisfy Policies BE15, BE16 and BE19.

Conclusions

This is an application for a significant research facility on a site formerly occupied by other research buildings of significantly lower architectural quality.

The principle of the use is established and the design, and its response to the topography and surrounding built environment, is considered of merit.

132 The building has been designed to take advantage of sustainable technologies and, subject to condition, should be satisfactory in delivering a reasonable level of accessibility.

It is considered that the introduction of this building will contribute to the present and future research reputation of the University and the city and its physical presence will also represent a significant improvement in visual amenity in the Conservation Area.

It is therefore recommended that the proposal be granted permission subject to conditions.

133

Case Number 08/04935/CAC

Application Type Conservation Area Consent Application

Proposal Demolition of buildings

Location Toledo Works 79-81 Hollis Croft City Centre Sheffield S1 4BG

Date Received 26/09/2008

Team CITY CENTRE AND EAST

Applicant/Agent Axis Architecture

Recommendation GRA GC subject to Legal Agreement

Subject to:

1 The shall not be demolished before a binding legal contract for the carrying out of works of redevelopment of the site is made, and evidence of such a contract has been supplied to the Local Planning Authority and planning permission has been granted for such redevelopment.

To ensure that premature demolition does not take place and result in an undeveloped site, some time before rebuilding, which would be detrimental to the visual character of the locality.

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

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

134

Site Location

For Report see 08/04926/FUL

135

Case Number 08/04926/FUL

Application Type A Full Planning Application

Proposal Mixed use development comprising 23 apartments, 530 sq m of commercial office space, undercroft car parking and associated landscaping

Location Toledo Works 79-81 Hollis Croft City Centre Sheffield S1 4BG

Date Received 23/09/2008

Team CITY CENTRE AND EAST

Applicant/Agent Axis Architecture

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 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.

136 4 Large scale details at a minimum of 1:20 (unless otherwise agreed) of the items listed below shall be approved in writing by the Local Planning Authority before the commencement of development:

a) Windows including frames and glazing details; b) Window and brickwork reveals; c) Doors and entrances; d) Eaves and verges; e) External wall construction and details; f) Balconies/balustrades/decking; g) Vents (as appropriate); h) Details of all external lighting to include methods of fixing to the building. i) Entrance canopies j) Rainwater gutters and downpipes.

The details shall include a section drawing at a scale of 1:20 of each elevation(s) where there is a junction between the existing building and new development.

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

In order to ensure an appropriate quality of development.

5 Details of the extent and specification of brick/stone repair (including details of sash windows, repointing and any re-instated features) and cleaning of the existing building to be retained as part of this development shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of works 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

6 Before the development commences, details of the design and location of all new internal and external signs 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.

7 Before any work on site is commenced, a landscape scheme (including hard-landscaping details) for the courtyard space within the development shall be submitted to and approved in writing by the Local Planning Authority. 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

137 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.

8 Before the development is commenced; details of the proposed operational details of the car parking accommodation shall have been submitted to and approved in writing by the Local Planning Authority. The building shall not be used unless the car parking accommodation has been provided in accordance with the approved 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 There shall be no gates or barriers erected at the means of access to the site unless otherwise agreed in writing by the Local Planning Authority.

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

10 At all times that construction is 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.

11 The development shall not be begun until the improvements (which expression shall include traffic control, pedestrian and cycle safety measures) to the highways listed below 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/are brought into use.

Highway Improvements: The footway adjacent to and for the entire length of the site on Hollis Croft shall be reconstructed to comply with Sheffield City Council specifications to the satisfaction of the Local Planning Authority.

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.

138 12 The development shall not be used unless all redundant access have been permanently stopped up and reinstated to footway and kerb, 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.

13 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.

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.

15 The cycle parking shown on the approved plan shall be provided before the flats or offices are occupied and thereafter permanently retained.

In the interests of encouraging sustainable access to the site.

16 Before the development is commenced, full details of suitable and sufficient disabled car parking, cycle and motorcycle parking accommodation within the site for the residential units and offices shall have been submitted to and approved in writing by the Local Planning Authority. The buildings shall not be occupied unless such disabled parking, cycle and motorcycle parking has been provided in accordance with the approved plans, and thereafter such provision shall be retained.

To ensure ease of access and facilities for disabled persons at all times.

17 Before the development is commenced, 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.

139 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.

18 The development shall not be used for the purposes hereby permitted unless the scheme of sound attenuation works described in the Noise Report dated August 2008 referenced 10069.01v1 produced by Hepworth Acoustics Noise and Vibration Consultants has been carried out as specified in the Report and such works shall thereafter be retained.

In the interests of the amenities of the locality and occupiers of the proposed office and residential accommodation.

19 The office accommodation hereby permitted as part of this development shall not be occupied unless a scheme of sound attenuation works has been installed and thereafter retained.

1) Such a scheme of works shall be capable of achieving, Noise Rating Curve NR45.

(Noise rating curves should be measured as a 15 minute linear Leq at the octave band centre frequencies 31.5kHz to 8kHz).

In the interests of the amenities of the locality and occupiers of the proposed office and residential accommodation.

21 As further intrusive investigation has been recommended in the Phase I Preliminary Risk Assessment Report submitted with this application, development shall not commence until a Phase II Intrusive Site Investigation Report has been submitted to and approved in writing by the Local Planning Authority. The Phase II Intrusive Site Investigation Report shall be prepared in accordance with Contaminated Land Report CLR 11 (Environment Agency 2004), and PPS23.

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

22 Should remediation be recommended in the Phase II Intrusive Site Investigation Report, development shall not commence until a Remediation Strategy Report has been submitted to and approved in writing by the Local Planning Authority. The Remediation Strategy Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and PPS23. In the event that remediation is unable to proceed in accordance with an approved Remediation Strategy, or unexpected contamination is encountered at any stage of the process, the Local Planning Authority shall be notified immediately. Revisions to the Remediation Strategy shall be submitted to and approved in writing by the Local Planning Authority. Works shall

140 thereafter be carried out in accordance with the approved revised Remediation Strategy.

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

23 Following completion of any measures identified in the approved Remediation Strategy or any approved revised Remediation Strategy a Validation Report shall be submitted to the Local Planning Authority. The Validation Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and PPS23. The site shall not be brought in to use until all the validation data has been approved in writing by the Local Planning Authority on completion of the works outlined in the approved Remediation Strategy Report.

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

24 If during development, contamination not previously identified is found to be present at the site, then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

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

25 The site shall be developed with separate systems of drainage for foul and surface water on and off site.

To ensure satisfactory drainage arrangements.

26 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.

27 Unless otherwise agreed in writing 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 and no buildings shall be occupied or brought into use prior to completion of the approved completion of the approved foul drainage works.

To ensure satisfactory drainage arrangements.

28 Notwithstanding the terms of the General Permitted Development Order 2005, or any statutory instrument revoking or re-enacting that order, there

141 shall be no permitted change of use from class B1 to storage or distribution class B8 without planning approval having been first obtained.

To ensure that the commercial element of this scheme does not have a detrimental impact on the amenity of the residential units of the development and in the interests of the amenity of the locality.

29 The amount of B1 office floor space shall not be less than 530 sq.m.

In the interests of ensuring that there is a significant office content to the scheme in accordance with the content of the St. Vincent’s Action Plan.

30 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.

31 No deliveries to the B1 business space 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.

32 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.

33 No development work, including ground clearance and demolition work shall take place unless and until the developer, their agent or their successor in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation that has been submitted to and approved 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.

142 34 No development shall take place until a detailed scheme for foundation design and all new groundworks has been approved in writing by the Local Planning Authority and that scheme shall be implemented and monitored to the satisfaction of the Local Planning Authority.

35 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

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.

Attention is drawn to the following justifications:

IB5 - Development in General Industry Areas BE1 - Townscape Design BE2 - Views and Vistas in the Built up Area BE5 - Building Design and Siting 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 H7 - Mobility Housing H16 - Open Space in New Housing Developments and St Vincents Action Plan

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

Attention is drawn to the following directives:

1. 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. This legislation enables a local authority to restrict days and hours of work as well as the manner in which the works are to be carried out and the type of plant to be used.

2. The applicant is advised that 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

143 Friday, and 0800 to 1300 hours on Saturdays with no working on Sundays or Public Holidays.

4. 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

5. The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services. The agreed address must be clearly displayed at each individual property before occupation in order to ensure that the postal service can correctly locate each property for delivery purposes.

6. 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.

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.

144

Site Location

LOCATION AND PROPOSAL

The application site comprises land and buildings on the south side of Hollis Croft, within the Well Meadow Conservation Area on the north-western edge of the City Centre. Hollis Croft is a steep hill rising up from Broad Lane and the application site is located on the crest of this hill. It is bounded to the east by Footprint Tools and to the south by small industrial premises containing workshops and to the west there is a car park. Located to the immediate north of the site is St. Vincent’s Church, which dates back to the late 19th-Century.

The application site essentially consists of two plots; Plot 1 contains existing buildings (79-81 Hollis Croft) dating back to the mid-19th and early 20th centuries, and Plot 2 is occupied by a car park which comprises tarmac groundcover.

145 79-81 Hollis Croft (Plot 1) contains a series of brick-built buildings to the north, east and west of a central courtyard. Building 1 is a 3-storey building which addresses the Hollis Croft street frontage. The building dates back to 1833 and has attractive architectural detailing, including regularly spaced windows with stone architraves and a string course below the windows on the first floor. The building is also characterised by a depressed basket arched cart passage flanked by pedestrian doors. Building 2 is a 3-storey narrow range which runs along the western boundary from Building 1 at the north to Building 3 to the south. This is a mid-19th Century building that has been pebble-dashed during modern times. Building 3 is an early-20th Century, single-storey lean-to structure that is built against the western boundary wall.

At the rear of the site, to the south, is the three-storey 52-56 Garden Street, a Grade 2 Listed Building, which was formerly 3 houses but has most recently been used as workshops. This building is an example of the small scale cutlery workshops characteristic of the Sheffield cutlery industry.

The proposal seeks Conservation Area Consent for the demolition of Buildings 2 and 3 on the site, and Planning Permission for the construction of a mixed-use development comprising:

- 20 two bedroomed apartments - 3 one bedroomed apartments - 530sq.m. commercial office space - Undercroft car parking area providing 7 standard spaces and 3 disabled spaces - Central landscaped courtyard

The proposal seeks to retain and refurbish Building 1. The refurbishment works include cleaning and repointing (with natural lime mortar) the existing brickwork, reinstatement of chimney stacks using reclaimed bricks and replacement sash window units.

Additionally, it is proposed to construct three new buildings of three and four storeys in height that will provide built form to the site’s north, south, east and west elevations. This new design includes an extension to the Hollis Croft frontage that follows a traditional design and massing approach. The scheme is based around a central landscaped courtyard and maximises existing architectural features – including the arched entrance to the original building (Building 1). The new buildings utilise red facing brick with slim section aluminium windows. The roof form of the buildings will be pitched utilising natural slate.

The commercial space uses the entirety of Building 1 on the Hollis Croft frontage as well as the front section of the adjoining 3-4 storey new-building element on the east wing of the application site.

RELEVANT PLANNING HISTORY

A planning application for the erection of 44 flats with basement car parking accommodation, substation and office unit (Ref. 06/02782/FUL) was refused by the

146 Council in April 2008. The site was the car park adjacent to Toledo Works and it included part of this application site (described as Plot 2 above). Despite considerable discussion, the application was refused due to its poor quality of design and insufficient amount of business space proposed at Conservation and Business Area location.

In March 2003, a planning application to continue the use of the Toledo Works Buildings (described as Building 1 above) was approved by the Council (ref. 03/00121/CHU).

SUMMARY OF REPRESENTATIONS

The proposed development has been advertised by site notice, press advert and neighbour notification letter. No representations have been received.

Sheffield Conservation Advisory Group considered the proposal in November 2008. However, the Group’s comments have not been received at the time of writing this report. Members will be updated on any comments received at the Area Board meeting.

PLANNING ASSESSMENT

Policy Issues

The application site is identified by the Unitary Development Plan (UDP) as being within a General Industry Area. Within such areas, residential uses are listed as unacceptable within the terms of Policy IB5 ‘Development in General Industry Areas’. The proposal therefore represents a Departure from the provisions of the UDP and has been advertised as such.

With regard to design, Policy BE1 ‘Townscape Design’ promotes a positive approach to conservation and a high standard of new design, ensuring the best of Sheffield’s buildings are kept, refurbished and their settings improved. Policy BE2 ‘Views and Vistas in the Built-Up Area’ expects new development to respect the skylines, roofscapes and views that are particularly visible within the City. Policy BE5 ‘Building Design and Siting’ expects good design and the use of good quality materials in all new and refurbished buildings and extensions. The policy encourages that new buildings should complement the scale, form and architectural style of surrounding buildings.

Additionally, the proximity of the site to listed buildings, and the location of the site within a Conservation Area are such that Policies BE15 ‘Areas and Buildings of Special Architectural or Historic Interest’, BE16 ‘Development in Conservation Areas’, BE17 ‘Design and Materials in Areas of Special Architectural or Historic Interest’, and BE19 ‘Development affecting Listed Buildings’ are relevant. These policies seek to ensure that developments affecting Listed Buildings and Conservation Areas preserve and enhance the appearance of those areas and buildings, using a high standard of design with the use of traditional materials.

147 Sheffield’s Urban Design Compendium identifies the site as falling within the Well Meadow Character Area and containing ‘Unlisted Significant Buildings’ that contribute to it. The Area contains important examples of Sheffield’s early industrial architecture, including houses, workshops and crucible furnaces. The Compendium encourages the innovative reuse of vacant buildings to preserve industrial heritage whilst establishing a new identity for the quarter. It also states that infill developments should respect the existing building height of 2-4 storeys, the tight street pattern and respect key views within the area. In the distinct character areas of the quarter building materials should be sensitive to the character of that area with the use of red brick and stone encouraged. The buildings within the application site are identified as ‘Unlisted Significant Buildings’ that contribute to the Character of the area.

Policy H7 ‘Mobility Housing’ encourages the provision of a proportion (25%) of mobility housing within a development, except where the physical characteristics of the site or buildings make it impractical.

Policy H16 requires an assessment of Open Space provision to be undertaken within the catchment area of the site, and where an area has insufficient space, secure a contribution from the developer towards the enhancement or provision of open space elsewhere.

Planning Policy Statement 3 - ‘Housing’ (PPS3) promotes the location of new housing developments on previously developed sites, and in sustainable locations where they are accessible by a choice of modes of transport and close to a range of facilities. The site is clearly previously developed, has a central location within the inner ring road, and is conveniently located for employment and services within the city centre. In this context the proposals are considered to reflect the aims of PPS3.

St. Vincent’s Action Plan – Balance of Uses

In considering the policy context for the site, it is relevant to take account of the St Vincent’s Action Plan (2004-2014) which was adopted in December 2004 and represents a material consideration in the determination of this application. The Action Plan has been produced to update existing planning policy prior to the completion of the new Sheffield Development Framework as a response to increasing pressure for development in this inner-city area and provides a vision of the area to both live and work as long as living conditions for residents are such that the UDP policies can be satisfied.

The application site lies within a designated ‘Business Area’ as defined in the St Vincent’s Action Plan which states that Business (B1) is the preferred use with Housing (C3) – other than at the ground floor – being an acceptable use. To comply with the guidance, B1 office space should be the dominant use accounting for at least 50% of the floor area and residential development along with food and drink outlets and other offices can also form part of schemes to address the balance and vision for the St Vincent’s Area, as long as the environment is also appropriate for such uses.

148 The submitted plans indicate office space (B1) to the entirety of the existing building that would be retained on the site and the front section of the adjoining 3 to 4 storey modern in fill development along the site’s western boundary. This space accounts for the entire built form on the site frontage and is accommodated over 5 floors (including a small basement area). The net floor space of the office use as a proportion of the development (based on the figures outlined in the Design and Access Statement) is calculated as 25%. It would appear that the remaining floorspace for this scheme is given over to residential use. Consequently the proposal does not meet the ‘at least 50%’ requirement of the Action Plan.

However, the Action Plan acknowledges that some development sites/proposals in designated Business Areas require other uses as part of a mixed use proposal to make the scheme financially viable. This is especially the case on smaller sites and those that are not afforded great prominence or frontage to main highways. The Action Plan states “other acceptable uses will be considered favourable where it can be demonstrated that they are making a vital contribution to the delivery of substantial office space within an application, for example by ensuring overall financial viability.”

There has always been recognition that this site is not a prime location in terms of office sale/letting potential. As the application proposes office space for the entire frontage to Hollis Croft it is considered to meet with the above Action Plan caveat for introducing other uses such as the residential units proposed. The application site is small with a relatively short frontage to the active highway and it is considered that 530 sq.m. proposed is a significant amount of employment/office space at this location and as part of a quality mixed-use development. Furthermore, officers consider that the scheme provides this space without compromising the design quality of the scheme. It is in accordance with the Urban Design Compendium’s vision and will enhance the quality of the Well Meadow Conservation/Character Area.

Building Design/Impact upon Conservation Area/Listed Buildings

The development will result in the removal of 2 existing buildings on the site; a 3- storey narrow range dating back to the mid-19th Century (Building 2) and an early- 20th Century single-storey lean-to structure (Building 3). However, the existing buildings are not considered to be of such sufficient architectural or historic interest to warrant their retention. Whilst Building 2 is an example of industrial works of its era, and is typical of buildings within the Conservation/Character Area, its position, external appearance and modern day alterations (e.g. pebble-dashing) are such that it does not make such a significant contribution to the public perception of the Well Meadow Area. It is considered that the building addressing the site frontage (Building 1) is a more prominent example of an industrial workshop and offers better architectural detailing and this shall be retained as part of the proposed development.

Furthermore, it is proposed to replace Building 2 and the car park – contained within the red line boundary of the site – with a new building and part of an internal courtyard. The car park comprises tarmac hardstanding and has no amenity or conservation value. It is considered that the proposed replacement with a new

149 building comprising an active frontage onto Hollis Croft and improved facilities within the scheme would be of overall benefit to the Conservation Area, enhancing the character, appearance and quality of development occurring within it.

The design of the scheme involves a series of individual blocks arranged right up to boundary of the site, to create a layout that reflects the traditional 19th Century layout of the area. The buildings are long, narrow and totally inward looking into a central courtyard which is stepped due to the topography of the site and also internal to the scheme. The roofscape of the scheme is pitched slate roofs to match the traditional architecture of the area.

The Design and Access Statement states “we will be creating a building that could almost be a refurbished shell, with a distinctive modernist approach to the detailing of windows and doors” and it is considered that this has been achieved. Building heights vary between three and four storeys, with the fourth storey occurring on the east and west facing side boundaries and third storey occurring at the site’s front and the rear, adjacent to the listed building. There are steps and variation in the massing of the buildings throughout the scheme which provide an interesting roofscape and a sympathetic junction between new and existing buildings, including the Grade II Listed Building at 52-56 Garden Street.

The proposed construction materials comprise a simple material palette of stock brick work and slate roofs which reflect existing materials in the area and reinforce traditional industrial character. The elevational treatment includes regular patterns of vertically proportioned, deep revealed, simple modern glass openings (aluminium frames) and the existing building’s windows will be replaced with sash units of a detail suitable for the estimated construction date of the building (1833).

The design concept is therefore traditional in acknowledgement of its sensitive Conservation/Character Area location, and it reflects the workshop character and the prevalent local materials that are present in the surrounding area. The result is a good quality scheme which is consistent with the vision of the Urban Design Compendium and impacts positively on the character and appearance of the Conservation Area.

Amenity of Future Residents – Noise

The land to the immediate east of the application site contains industrial premises occupied by Footprint Tools, a hand-tool manufacturer that continues to produce Sheffield steel products. However, after 108 years at Hollis Croft the company are currently in the process of relocating to new premises in Hillsborough and it is expected that in house process such as forging, heat treatment, machining and grinding operations will be exiting the site in the near future, if not already. Additionally, the Sytner BMW car dealership leases the factory building that is immediately adjacent to the application site for car storage.

The applicant has submitted a Noise Impact Assessment, which considers the impact of industrial noise sources and also the impact of traffic noise. The Assessment concludes that the site falls mainly within Noise Exposure Category A of Planning Policy Guidance 24: Noise (PPG24), with one area of the site falling

150 into Category B. Having considered the Assessment it is considered that noise is not such a detrimental issue at this site, subject to suitable noise mitigation measures and recommended conditions being applied.

Amenity of Future Residents – Outlook/Privacy/External Space

It is acknowledged that this development comprises a dense urban form and in this regard, full consideration has been given to securing an acceptable residential amenity for future occupiers within the development.

With regard to privacy, each unit has been considered to ensure an acceptable level is achieved. To the residential blocks on the east and west side boundaries of the site there is a minimum of 12 metres between the habitable room windows. These blocks are inward looking and are separated by a high-quality courtyard space that will be constructed on two levels (accessed via natural stone steps) and will be landscaped to include a number of trees, high quality ground-paving and subtle bollard/wall-mounted lighting. The central courtyard feature is proposed to consist of a raised planter with a single specimen multi-stemmed tree. It is considered that this space will provide further ‘visual interruptions’ between the residential blocks.

To the rear of the site, the most southern apartment block faces onto the end elevation of the western side block at a distance of 6m and also onto the internal courtyard space. Although this distance is short, there are no windows on this side elevation to overlook the primary windows of the rear unit, thus raising no privacy issues.

A number of the ground floor apartments in key areas of the scheme are provided with small external patios finished in hardwood decking areas. Furthermore, the submitted plans also show that the 6 apartments in the rear block will also be provided with balcony space to enhance the limited amount of private amenity space provided within the scheme.

Whilst acknowledging the dense form and reduced distance standards of this development, it is considered that given the quality of the scheme, both in terms of the detailed elevations, traditional layout and the courtyard space, the tight character of this scheme is appropriate within this Conservation/Character Area location and that such City Centre developments are unlikely to achieve the same minimum standards as more suburban housing locations. The proposal is therefore considered acceptable in terms of safeguarding the amenity of future occupiers.

Highways and Transportation

This development is located within the inner ring road and, therefore, in line with other City Centre schemes a car free development could be accepted at this site. However, this application proposes a basement car park containing 10 spaces (including 3 disabled spaces) which will be available to the office and/or residential units. In light of the central but steep location, and overall character of Hollis Croft, this parking provision is considered to be justified and acceptable at this site. A management strategy condition is recommended to ensure the Council maintains

151 control of the appropriate allocation of spaces upon completion of the development.

There is no highway objection to this application subject to a number of conditions including reconstruction of the footway to Hollis Croft that abuts the site with materials compatible with the Urban Design Compendium. Additionally, t is required that the applicant provides a contribution of £5,000 towards the St. Vincent’s traffic management/parking rationalization scheme; this contribution has been applied at a standard rather for each development above a base threshold. This contribution will be secured through the Section 106 planning agreement.

Open Space

This application proposes an internal courtyard which is proposed to be a high quality internal space for future residents. The space is hard landscaped with ornamental tree planting at its centre and around the edge.

Given the internal design there is no public space proposed to meet the needs of people living in the area, therefore the applicant is required to contribute towards the enhancement of open space within the vicinity of the site, in accordance with the requirements of UDP Policy H16. In this case the contribution is £27,516.45 which is to be secured by a Section 106 planning obligation and distributed following consultation with the relevant Area Panel.

This provision is considered to be acceptable and in accordance with the requirements of Guideline 12 and Appendix 2 of the City Centre Living Strategy.

Community Safety

The extension of an existing City Centre Ambassador scheme is being promoted in areas such as St. Vincents where residential development is occurring and being encouraged. There are examples of recent developments that have made contributions towards this and the St. Vincent’s Action Plan seeks to ensure that this Warden Scheme is expanded. Officers have requested that the developer makes a contribution to this initiative in this case, and this has been agreed, with a contribution of £4,600 to be secured by a Section 106 planning obligation.

Archaeology

The applicant has submitted an Archaeological Desk-Based Assessment of the site, dated August 2008, which demonstrates that there have been five phases of development of the site over the last four centuries. The Assessment indicates that areas of the site have the high potential for buried archaeological remains which would probably be typical of Sheffield’s industrial character and of low/medium local significance. However, it is suggested that medieval and early post-medieval remains are likely to have been destroyed during the development of Hollis Croft in the second quarter of the 18th Century.

Buried archaeological remains could be destroyed by the ground disturbance and by the creation of the basement car parking facility that will result from this

152 development. The South Yorkshire Archaeology Service has recommended that it is best practice to evaluate the site before a planning decision is taken, including trial dig work. Experience suggests that archaeological remains can remain well intact under existing car park areas due to a lack of disturbance from the construction process. However, this potentially lengthy process is not considered to be a reasonable request within the current timescale and economic climate – there are existing buildings on part of the site which would need to be demolished and the car park area currently gains an income from its rented spaces. The expense and disturbance involved to carry out such works prior to a planning decision is considered to be unreasonable.

It is recommended that a condition be imposed on any permission granted, requiring a programme of archaeological work and recording be undertaken before the development is commenced, and also to require the submission of foundation details in order to minimise disturbance to any remaining areas of interest.

Mobility Housing/Accessibility

The applicant has confirmed that at least 25% of the residential units within the scheme will be constructed in accordance with the Supplementary Planning Guidance – ‘Mobility Housing’. This equates to the six units that are provided at groundfloor level of this scheme.

The topography of the site and location heighten the need for acceptable disabled access. Amendments to the scheme, in line with the Disabled Access Officer’s comments, are currently being discussed with the Applicant and have not been agreed at the time of writing this report. Therefore, Members will be updated on the outcome of these discussions at the Area Board meeting.

Sustainability

The submitted Design and Access Statement does not go into to significant detail as to why there is lack of sustainability features within this scheme. The Yorkshire and Humber Plan, Policy ENV5 (Energy) encourages reduced greenhouse gas emissions, improved energy efficiency and more efficient use of power sources (e.g. through promoting and securing greater use of decentralised and renewable or low-carbon energy in new development).

Your officers have requested that the applicant reconsiders the sustainability of this scheme and attempts to implement sustainable practice where possible. If consideration has previously been explored, the Design and Access Statement must be updated to reflect this consideration and provide reasoned justification as to why these methods have been discounted. Members will be updated on the outcome of these discussions at the Area Board meeting.

SUMMARY AND RECOMMENDATION

In summary, the application proposal represents a redevelopment for mixed business and residential purposes of a previously developed site in a sustainable location, in a manner that contributes positively to the character and appearance of

153 the Well Meadow Conservation Area and St. Vincent’s Quarter, and without detriment to the setting of the neighbouring Listed Building.

The proposed accommodation consists of re-using existing empty buildings and new build elements of three and four storeys. This range reflects the character of the Conservation Area and the design principles set out in the Urban Design Compendium. The detailed design incorporates an appropriate blend of contextual materials in a traditional design with modernist elements. This will make a positive contribution to the Conservation Area.

The residential use represents a Departure from the provisions of the UDP, but is supported by the recently approved St. Vincents Action Plan, which is a material planning consideration. The 25% commercial space proposed (530sq.m.) within the development is considered to be acceptable for this restricted site, which does not have a prime highway location and a small site frontage. Commercial space to the entire Hollis Croft frontage is welcomed.

It is accepted that sustainable design features are limited and officers have requested that the applicant re-visits this matter to enhance provision and provides justification as to why sustainable building features have been discounted. Improvements to the disabled access throughout the site are also currently being addressed and have not been finalised at the time of writing this report.

Members are advised that the applicants have not at the time of writing this report submitted a section 106 agreement and therefore the scheme does not comply with Policy H16 and the policies that other contributions are based upon. However, the application is considered acceptable in relation to all other matters and therefore a duel recommendation is appropriate in this case.

In light of the above, the Full Planning application and the Conservation Area Consent application are both recommended for conditional approval subject to the outstanding access and sustainability issues being resolved and the agreement of a Planning Obligation under Section 106 with the following Heads of Terms:

1. The Owner shall on or before commencement of the development pay to the Council the sum of £27,516.45 to be used for the purpose of enhancement of public open space within the vicinity of the site.

2. The Owner shall on or before commencement of the development pay to the Council the sum of £5,000 to contribute towards the St. Vincent’s traffic management/parking rationalization scheme.

3. The Owner shall on or before first occupancy of the office or residential accommodation pay to the Council the sum of £4,600 to be used in connection with the City Centre Ambassador Scheme.

In the event that a satisfactory S106 Planning Obligation covering the Heads of Terms set out in the preceding paragraph is not concluded before Friday 19th December 2008 (in order to meet the Government’s target time for the

154 determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

155

Case Number 08/04870/FUL

Application Type A Full Planning Application

Proposal Erection of 13 dwellinghouses including associated car parking and landscaping works (Amended scheme submitted 04/12/2008)

Location 79 Dore Road Sheffield S17 3ND

Date Received 19/09/2008

Team SOUTH

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 the interests of the amenities of the locality.

4 The Local Planning Authority shall be notified when the landscape works are completed.

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To ensure that the local planning authority can confirm when the maintenance periods specified in associated conditions/condition have commenced

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.

7 The dwellinghouses shall not be used unless 2.0 metres x 2.0 metres vehicle/pedestrian intervisibility splays have been provided on both sides of the means of access such that there is no obstruction to visibility greater than 600 mm above the level of the adjacent footway and such splays shall thereafter be retained.

In the interests of the safety of road users.

8 The dwellinghouses 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 dwellinghouses 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.

10 Before the development is commenced, details of the means of ingress and egress for vehicles engaged in the construction of the development shall

157 have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the arrangements for restricting the vehicles to the approved ingress and egress points. Ingress and egress for such vehicles shall be obtained only at the approved points.

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 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 dwellinghouses 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.

13 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.

14 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 dwellinghouses 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.

15 Prior to the commencement of development, full details of mobility housing provision at a scale of 1:50, relating to at least 25% of the units shall have been submitted to and approved by the Local Planning Authority. The units shall then be provided in accordance with the approved details, and shall thereafter be retained.

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To ensure ease of access and facilities for disabled persons at all times.

16 Prior to the commencement of development, details of the protective measures required to ensure the health of the five trees along the eastern boundary covered by a Tree Preservation Order shall have been submitted to and agreed in writing by the Local Planning Authority. Such protective measures shall be implemented prior to the occupation of plots numbered 4- 7 and retained thereafter.

In the interests of the amenities of the locality.

17 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.

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 H16 - Open Space in New Housing Developments BE5 - Building Design and Siting GE15 - Trees and Woodland

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

Attention is drawn to the following directives:

If you require any further information please contact Mr S A Turner on Sheffield (0114) 2734383.

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,

159 (b) resident's car parking permits will not be provided by the Council for any person living in the building.

3. 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.

4. Before the development is commenced, a dilapidation survey of the highways adjoining the site shall be jointly undertaken with the Council and the results of which agreed in writing with the Local Planning Authority. Any deterioration in the condition of the highway attributable to the construction works shall be rectified in accordance with a scheme of work to be agreed with the Local Planning Authority.

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.

160 Site Location

LOCATION AND PROPOSAL

79 Dore Road is a substantial, detached two storey house set within an extensive garden containing mature trees and landscaping. The site slopes down towards the frontage with Dore Road, which is along the northern boundary and the house is located centrally within the garden but at one side, towards the western boundary. Across Dore Road to the north is established residential development set in large mature gardens and there is further such development to the west of the site although there is an access drive that runs along the western boundary.

To the east and south are more recent housing developments that, in the case of the houses to the east, have smaller gardens than more established housing.

Access to the existing house on the site is taken from the north west corner from Dore Road and there is a separate, single track access that also leads from Dore

161 Road in the north east corner. This serves a garage at the south east of the site and rear part of the garden. However, this single track and the rear part of the garden, separated by a high hedge, are excluded from the application site.

Included within the application is a separate parcel of land that lies between 79 Dore Road and 85 Dore Road that is currently vacant.

Along the eastern boundary of the site are mature trees protected by a Tree Preservation Order and there are also two further protected trees in the south western corner of the site. There are also numerous other mature and smaller, ornamental trees within the site, particularly in the western area, at the Dore Road frontage and in the south east corner. At the rear is a dense, mature hedge that separates the main garden from the rear garden.

The application, as amended, briefly comprises:

- a single access road into the site that would be centrally located at the Dore Road frontage - 4 detached dwellings along the site frontage, 2 either side of the access road - A further 9 houses within the site, including a terrace of 4 town houses at the rear, (13 houses in total).

RELEVANT PLANNING HISTORY

91/01349/OUT (91/0805P) Outline application for 4 dwellings – Refused 28/10/91

91/01349/OUT (91/0805P) Appeal for 91/01349/OUT (91/0805P) – Appeal dismissed 25/9/92

91/01350/OUT (91/0806P) Outline application for 1 dwelling and garage – Granted 28/10/91 91/02995/OUT ((91/2423P) Outline application for 2 dwellings with garages – Refused 06/01/92

92/00010/DCAPEL Appeal for 91/02995/OUT (91/2423P) - Appeal dismissed 25/9/92

93/0134P/OUT 6 dwellings within the curtilage – Granted conditionally 04/10/93

94/01355/REM (94/1089P) Erection of 4 dwellings with garages – land adjoining – Approval of Reserved Matters – Granted conditionally 20/02/95

95/00624/TPO Pruning of trees – Granted 30/11/95

06/04871/FUL

162 Erection of 5 dwellings (amended scheme and amended layout dated 02/11/07) – Refused 31/03/08

06/04871/FUL Appeal for 06/04871/FUL – Appeal allowed 20/10/08

08/02031/TPO Removal/pruning of trees (TPO 808/184) – Part granted, part refused 24/6/08

REPRESENTATIONS

19 letters have been received from local residents and their objections are:

- the supporting statement is flawed, the majority of people living at the site would not work from home - detrimental impact on the natural and historic environment of the area - developing this site will not enhance the overall quality of the residential environment - the proposal will diminish the quality of life for existing residents because of extra traffic and noise - unacceptable loss of trees and natural habitats - the design, scale and massing is unlike anything else in the area - the scheme is not in keeping with the character of the area - the existing house and garden contribute in a positive manner to the character of the area - the site is not ‘urban’ or ‘brownfield’ - the buff and red brick with render is not in keeping with the area - overdevelopment - overlooking from new houses - extra traffic - the open nature and character of this part of Dore Road would be lost - loss of an attractive, well landscaped garden - not enough room for service vehicles to access the site - the site should not be developed piecemeal - there should be a single access serving the whole site, including the rear garden, accessed separately - the site lines at the entrance are obstructed - site boundary at the rear is incorrect on the site layout plan - disturbance and parking disruption from construction - detrimental to pedestrians - the proposed houses are too high, given that buildings either side are lower - additional pressure on services and amenities - timber fencing is not acceptable as a boundary treatment where stone walls are currently in place.

Dore Village Society have also objected to the application:

- overdevelopment - inadequate amenity space for each property

163 - the proposal does not compare with other properties in the area.

PLANNING ASSESSMENT

Policy Issues

The site is within a Housing Policy Area in the Unitary Development Plan (UDP). Policy H10 states that housing development in such areas is the preferred use, so the broad principle is acceptable. Policy H14 sets out criteria for new development in housing areas:

- New buildings should be well designed and in scale and character with neighbouring buildings - New development will be well laid out with new roads serving five dwellings or more being of adoptable standard - The site should not be overdeveloped or deprive residents of light, privacy or security, or cause serious loss of garden space which harms the character of the neighbourhood - It would provide safe access to the public highway with appropriate off- street car parking without endangering pedestrians.

- Policy H15 deals with the design of new housing development and this states that:

- Adequate private gardens should be provided along with basic standards of daylight and privacy - Provide uniform fences around rear gardens next to roads and footpaths.

Policy H16 requires a commuted sum for off-side open space improvements on housing development of five or more units.

Policy BE5 expects a good quality in respect of design and external appearance.

Policy GE15 – Trees and Woodland - requires developers to retain mature trees and hedgerows and replace any trees that are lost.

National guidance in PPG3 – Housing – states that new development should be in ‘brownfield’ as previously developed sites. Use of the garden attached to the house qualifies as being brownfield land so the proposal does not conflict with the spirit of this guidance.

Layout, Design and External Appearance

The original proposal was for 18 houses. Six were set out along the frontage of Dore Road with the access road located in the centre. The interior of the site comprised two terraces of town houses, with 5 houses in each terrace and 2 detached dwellings. The detached dwellings are two storeys to eaves with accommodation in the roof. They have pitched roofs and a gabled feature which rises to just above the eaves level. The town houses are also red brick but do not have gable features and also have a third floor of accommodation in the roof.

164

The dwellings would have an external appearance of split-faced natural stone walls, natural slate with stone corbel detailing, glass balconies and coloured cladding. Behind the application site in the rear garden, planning consent for 5 houses was gained on appeal to the Secretary of State (see Planning History) and the design and scale of these houses is similar to that of the detached houses in the current proposal.

The scheme as originally submitted was considered to be overdevelopment because of its density, which was alien to surrounding development. In particular, the 6 houses fronting onto Dore Road would be incongruous and out of character with the open and spacious street scene along this part of Dore Road. Members should be aware that this aspect will be explained in more depth in the section dealing with ‘Impact on the Character of the Area’.

In response to the unacceptable scheme, an amended proposal was submitted which reduced the number of houses to 13. The reduction in numbers of houses to 13 has been the result of protracted negotiation by officers resulting in a number of unacceptable layouts before the one now before Members of 13 dwellings.

Four houses now front Dore Road and these are all set back by about 10 metres following the building line established by the existing houses on either side. Also, meaningful space between dwellings now exists. The centrally placed access road creates space between houses but there is also 5 metres between the two houses sited either side of the access road. It is considered that this spacing at the frontage to Dore Road would respect the character of the area and allow trees to grow to maturity in the front garden.

Within the site, there is a terrace of four town houses at the rear, with two detached houses to the west and three detached houses to the east. The distances between habitable rooms and flank walls meet the Council’s guidelines of 21 metres and 12 metres respectively.

It is considered that the layout, design and external appearance are acceptable.

The designs of the houses are modern and of good quality, similar to those which have planning consent in the rear garden area.

Impact on the Character of the Area

Dore Road extends from its junction with Abbeydale Road South to Dore Village. There is a variety of built form along the road but this can generally be summarised as largely well established houses in spacious gardens mixed with more modern development, some of it backland. The application site comprises a large single dwelling set within a very large garden, with large houses opposite and to the west on both sides of the road. To the east is a relatively modern estate but at a significantly lower density than the proposal. The character of Dore Road at this point can be summed up by large houses set back from the road with spacious gardens containing mature trees. The mature trees tend to dominate at this part of Dore Road although it is acknowledged that many of the trees at the road frontage

165 of the application site are small ornamental specimens. However, the application site does contribute much to the feeling of spaciousness in the locality.

The earlier submissions were considered to have an unacceptable impact on the character of the area due to their prominence on the street scene, but because the proposal has been set back further into the site, giving 10 metre deep front gardens which follows the building line established by houses either side and there is meaningful space between the dwellings, then it is considered that there would be no significant harm to the character of the area. There would be a change to this site in that the existing garden would be lost but the space between houses and the set back reflects existing houses in the immediate locality. There would, therefore, be no conflict with Policy H14 of the UDP.

The houses within the site would be screened by houses on the road frontage and new and existing planting and trees. This part of the proposal would have a much lesser impact.

Access, Highways, Parking and Transportation

There are currently two accesses into the site. One is the private drive serving the existing dwelling and there is a second access at the western part of the site. A centrally located access is proposed to serve all but four of the plots. The remaining four would have private drives into Dore Road. The sight lines for the new access road are acceptable as is the width of the road. There would be a footway alongside the road and there would also be electronic gates set back into the site to allow two cars to wait for them to open.

It is accepted that there would be an increase in traffic associated with this scheme, but this would not be enough to significantly impact on traffic flows on Dore Road.

With respect to parking, all properties would have at least two off-street parking spaces, which are considered to be acceptable.

The site is within walking distance of Dore Local Shopping Centre.

Trees and Landscaping

There are numerous trees and bushes on this site, some of them covered by a Tree Protection Order. These contribute much to the character of the Conservation Area and the protected ones lie along the eastern boundary and the south west corner.

The Tree Preservation Order shows 7 trees along the eastern boundary, 3 beech and 4 weeping ash. As part of earlier tree removal and planning applications one of the weeping ash trees has already been felled and the weeping ash nearest Dore Road has consent to be removed to allow a new access to be put in place (Application 06/04871/FUL refers). Consequently, a line of 5 trees would remain.

166 The amended scheme shows that there is ample separation between the rear of the proposed dwellings and the protected trees and they would not be affected. A condition would be required to ensure that the proposed dry stone wall rear boundary treatment of these properties does not harm the roots.

The remaining two protected trees would be within or at the edge of gardens of plots 11 and 12 and would not be affected by the proposal due to distances between proposed dwellings and the trees.

There are other trees within the site comprising a mix of ornamental with native species. There is a line on the western side of the existing house and a group at the south eastern corner. These, along with the remaining shrub planting would be lost. Space exists at the front of the scheme and within the site to introduce a considerable number of replacement trees and plants and this would be controlled by appropriate conditions.

Potential for Overlooking and Loss of Privacy

Earlier schemes for this application included balconies for a number of the houses but these have been removed because they allowed direct overlooking into neighbours gardens. Also, earlier schemes showed mutual overlooking between some rooms that would result in a loss of privacy. However, the most recent submission has removed the balconies and resolved the privacy issue between windows. This aspect is acceptable in terms of Policy H14 of the UDP.

Open Space Provision

Policy 16 of the UDP requires that a commuted sum must be submitted for off-site open space improvements for housing developments of 5 houses or more. In this instance, a sum of £26,451 is payable, which would be controlled by a unilateral planning agreement.

Affordable Housing

The Interim Guidance in force at the time of the submission of the application specifies that an affordable housing contribution is only required when the development is for 25 houses or more. Consequently, a contribution for this proposal of 13 houses is not required.

Mobility Housing

Ground floor rooms of proposed dwellings have been designed to accommodate wheelchair users and a condition would be applied to ensure that at least 25% of the houses conformed to Mobility Standards.

SUMMARY AND RECOMMENDATION

This application, as amended, is for 13 dwellings located in the garden of 79 Dore Road and a plot adjacent to the site. Existing accesses would be closed off and a

167 new access would be created that would serve most of the houses. However, four of them would have their own private drives off Dore Road.

The design of the houses is considered to be acceptable. The access and parking provision meet guidelines, the vehicle capacity of Dore Road would not be compromised and the trees covered by a Tree Preservation Order would b e retained as part of the proposal.

The revised layout for 13 houses is considered to be acceptable and there would not be harm to the character of Dore Road. The application is considered to be acceptable and in line with the policy guidance set out in this report. The application is therefore recommended for conditional approval subject to the submission of a legal agreement controlling the submission for the commuted sum for off-site open space provision.

HEADS OF TERMS

On or before commencement of the development, a sum of £26,451 shall be paid to the Council to be spent on improvements to off-site open space provision within the locality.

In the event that a satisfactory S106 Planning Obligation covering the Heads of Terms set out in the preceding paragraph not being concluded before 29th December 2008, it is recommended that the application be refused for failure to make adequate provision in this regard.

168

Case Number 08/04806/FUL

Application Type A Full Planning Application

Proposal Erection of 8 dwellinghouses with garages (amended plans received 02/12/08)

Location Curtilage Of 135 Dore Road Sheffield S17 3NF

Date Received 08/09/2008

Team SOUTH

Applicant/Agent Wireframe Studio 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 the following samples shall have been submitted to and approved in writing by the Local Planning Authority:

i) proposed facing materials and/or ii) proposed roofing materials and/or iii)proposed windows and doors and/or

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

In order to ensure an appropriate quality of development.

169 4 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.

5 The dwellings shall not be used unless the sight line, as indicated on Drawing No 106 rev P3, 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.

6 The dwellings 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.

7 The gradient of the access road/driveway shall not exceed 1:20 for the first 10metres from the highway and thereafter not exceed 1:12, unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the safety of road users.

8 The gradient of shared pedestrian/vehicular access to the individual dwellings 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.

9 The dwellings shall not be used unless all redundant access have been permanently stopped up and reinstated to verge and kerb 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.

170 10 Before the development is commenced, details of the means of ingress and egress for vehicles engaged in the construction of the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the arrangements for restricting the vehicles to the approved ingress and egress points. Ingress and egress for such vehicles shall be obtained only at the approved points.

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

In the interests of the safety of road users.

12 The site shall be developed with separate systems of drainage for foul and surface water on and off site.

In the interests of satisfactory and sustainable drainage.

13 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 that the development can be properly drained.

14 Unless otherwise approved in writing 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 and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

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

15 Surface water discharge from the completed development site shall be restricted to a maximum flow rate of 5 litres per second per hectare. Before the development is occupied written confirmation shall be given to the Local Planning Authority that the necessary equipment has been installed on site to achieve the required restricted rate of discharge.

In order to mitigate against the risk of flooding.

171 16 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.

17 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.

18 The Local Planning Authority shall be notified when the landscape works are completed.

In the interests of the amenities of the locality.

19 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.

20 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.

21 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

172 of the dwellings 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.

Attention is drawn to the following justifications:

BE5 - Building Design and Siting GE4 - Development and the Green Belt Environment GE15 - Trees and Woodland 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

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

Attention is drawn to the following directives:

If you require any further information please contact Mr S A Turner on Sheffield (0114) 2734383.

2. The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services. The agreed address must be clearly displayed at each individual property before occupation in order to ensure that the postal service can correctly locate each property for delivery purposes.

173 4. Before the development is commenced, a dilapidation survey of the highways adjoining the site shall be jointly undertaken with the Council and the results of which agreed in writing with the Local Planning Authority. Any deterioration in the condition of the highway attributable to the construction works shall be rectified in accordance with a scheme of work to be agreed with the Local Planning Authority.

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.

Site Location

LOCATION AND PROPOSAL

The application site is located to the south of Dore Road and is designated within the Unitary Development Plan as being located within a Housing Area. The land at the opposite side of Dore Road is designated as being within the Green Belt. At the south-eastern perimeter the land is an allotment site and designated as being Open Space. The site features a number of trees which are covered by a series of Tree Preservation Orders.

Currently the site incorporates a single detached dwelling and outbuildings. The application seeks consent to construct a total of 8 detached dwellings; 5 including 3 bedrooms and 3 incorporating 4 bedrooms. These would be served via a single point of access, which would involve the formation of a new access to Dore Road.

RELEVANT PLANNING HISTORY

There is no planning history relating to the application site.

SUMMARY OF REPRESENTATIONS

Following consultation a total of 5 representations have been received. The comments made can be summarised as follows:

- Proposed access would intensify use of access at an acute bend, adjacent to medical practice. - Additional surface water run-off impact on currently overloaded drainage network - Number of trees have been felled in contravention of preservation orders. - Proposal out of character with surrounding properties, excessive density - Impact on Dore Village which is loosing its country lane ambience - Development would serve as precedent to similar development elsewhere in vicinity - Lack of adequate parking provision - Unsustainable - Overlooking (of 2A Gilleyfield Avenue - Beech hedge should be retained at existing height - Reduction of green spaces for wildlife - Impacts of current application should be considered alongside proposal at 79 Dore Road for 18 dwellinghouses - Site is located within Conservation Area

PLANNING ASSESSMENT

The application site is located within a Housing Area and is opposite land designated as being within the Green Belt.

175 The application is required to be assessed under the provisions of the following Unitary Development Plan policies.

- BE5 ‘Building Design and Siting’ requires new buildings to complement the scale, form and architectural style of surrounding buildings. - GE4 ‘Development and the Green Belt Environment’ requires the scale and character of any development which is permitted in the Green Belt, or would be conspicuous from it, should be in keeping with the area and, wherever possible, conserve and enhance the landscape and natural environment . - GE15 ‘Trees and Woodland’ part (b) requires developers to retain mature trees, copses and hedgerows, wherever possible, and replace any trees which are lost. - H10 ’Development in Housing Areas’ states that housing development is the preferable use, and is therefore acceptable in principle subject to the provisions of policy H14. - H14 ‘Conditions on Development in Housing Areas’ requires, amongst other things: a) new development to be well designed and in scale and character with neighbouring buildings b) new development to be well laid out with all new roads serving more than five dwellings being of an adoptable standard 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 d) it would provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians

- H15 ‘Design of New Housing Developments’ states new housing developments should provide adequate private garden space to ensure basic standards of daylight, privacy, security and outlook are met for all residents. - H16 ‘Open Space in New Housing Developments’ requires for developments including five or more residential units, an appropriate contribution to the provision or enhancement of recreation space

PPS3 Housing sets out the Government’s policies and provides advice on matters concerning housing and housing development. PPS3 emphasises the need to enable a greater choice of housing. Also the re-use of previously developed sites at efficient densities is promoted.

The primary issues for consideration are the proposal’s compatibility within the existing character of the area, its impacts upon neighbouring occupiers, the impacts upon trees within the site and the impact upon the character of the Green Belt.

176 Impact upon Character of Area

This particular part of Dore Road is made up of detached dwellings within plots which are reasonably sized overall, but not of significant width. As such the existing dwellings are relatively closely clustered together. It is considered that the nature of the immediate vicinity to the site differs from the character to the east along Dore Road, which is comprised of larger dwellings within much larger plots.

The proposal has been revised to provide one of the dwellings at the Dore Road frontage with its front elevation facing the road. It has also eliminated the garage which projected forward of the dwelling. This has enabled the two forward most dwellings to be sited so to more adequately accord with the building line. The building line within the vicinity is far from rigid, with some examples of substantial forward projection. As such the proposal is considered to comply with this element of the immediate surroundings.

The two dwellings at the property frontage occupy plot widths which would closely mirror the details characteristic in the vicinity. The 5 dwellings at Num’s 121 to 127 are accommodated within a frontage span of approximately 112metres (an average of 22metres per dwelling). The proposal would accommodate two dwellings across the site frontage, which is approximately 43metres in width (at an average width of 21 metres per dwelling). Therefore, the development would be sympathetic to the character of the vicinity in this regard. Their positions would be considered to reflect the somewhat varied building line to an acceptable degree, and to also comply with this element of the street scene.

In carrying out this part of the assessment of the application the trees along the frontage of the site, which continue to be covered by a preservation order, would act as a substantial screen particularly when fully leaved, to views of the proposed development.

The density of the development would be approximately 18 dwellings per hectare, which would be significantly less than the 30 dwellings per hectare recommended within the Planning Policy Statement 3. The lower provision is considered to be acceptable at this site, given the existing character of the surroundings and the need to safeguard protected trees within the site.

The design of the individual houses is considered to be of a suitable quality, with materials being natural stone, timber windows and slate roofs. The proposed layout is considered to constitute an acceptable arrangement which would be in keeping with the character of the surrounding vicinity. The appearance of the individual dwellings is acceptable.

Overall, the proposal is considered to be acceptable, being in keeping with the character of the street scene and the immediate vicinity. As such the proposal is considered to satisfy the requirements of UDP policies BE5 (a) and H14 (a).

177 Impact on views from Green Belt

Any long distance views of the proposed development would also incorporate the existing residential development. As such it is not considered that the proposed dwellinghouses would lead toward a detrimental impact upon the visual amenities of the green belt. The proposal would therefore be considered to be acceptable and to satisfy Policy GE4.

Impact on Neighbouring Occupiers

The neighbouring dwellings most sensitive to the proposal would be those at Num. 127 Dore Road and the dwellings to the south. A doctors’ surgery is located to the west of the site and would be less susceptible to such impacts. The dwelling at Num. 127 Dore Road is a detached dwelling. It includes a double storey element at the respective side elevation, the side of which is blank. This element includes accommodation at ground and first floor levels, with a rear facing terrace accessed from first floor level French doors. There is some existing boundary planting. There is considered to be very limited scope for this terrace area to be overlooked from first floor windows within proposed plot 8, given the obliqueness of the angles of view. Any such overlooking would affect only a minor portion of the terrace such that the impacts would not be considered to be detrimental to occupants of Num.127. It is possible that some overlooking of the rear garden space to this neighbouring dwelling would occur. Any such overlooking would be over the portions of the garden separated away from the house and less sensitive to overlooking. It is considered that this would be commensurate with many overlooking relationships in suburban areas. As such the impacts of the proposal in this regard would not be considered to be harmful.

The dwellings to the south would be potentially affected by the three dwellings at the southern portion of the site. The first floor windows within the proposed dwellings are separated by a minimum of 21metres from facing habitable room windows at Num.2a Gilleyfield Avenue. This property faces habitable windows in its north facing, side elevation. The layout has been configured in order to ensure that separation distances of a minimum 21metres are provided between windows of habitable rooms. This would satisfy the minimum requirement in this regard. The dwelling at Num.2 Gilleyfield Avenue is located a greater distance from the boundary, and therefore the proposed relationship would be considered to be acceptable. Tree T4 would serve to screen views from proposed plot 3 to the rear garden space of Num. 2a Gilleyfield Avenue.

Overall, the proposal would be considered to result in an acceptable relationship between proposed dwellings and the existing neighbouring dwellings to the south. As such the proposal would be considered to comply with policy H14 in that it safeguards neighbours from impacts of over-development or loss of privacy.

Amenity for Potential Occupiers

The internal arrangements within the proposed dwellings are considered to be satisfactory providing adequate room sizes, which would be well ventilated and lit

178 in a natural manner. The external spaces attached to each dwelling would be considered to be acceptable; providing rear garden spaces of a minimum 10metres in depth, covering an areas of at least 50 sq metres. These spaces would satisfy the requirements set out within the Designing House Extensions – Supplementary Planning Guidance.

The outlook from the rear of unit 8 would be somewhat compromised by its relationship to proposed plot 7 and Num.127 Dore Road. However, it should also be noted that the respective neighbouring dwellings would be set some distance away from plot 8, and as such it would be considered that unit 8 would not be subject to overbearing impacts arising from these two neighbouring developments. Overall, the proposal is considered to be acceptable in terms of the amenities which would be provided to the potential occupants and to meet the requirements of Policy H15 (b).

Highway Issues

The proposal includes a 5 x 3bedroom dwellings and 3 x 4 bedroom dwellings. Each of the dwellings includes a minimum of two off-street parking spaces, inclusive of one internal garage space. The proposed level of parking provision would satisfy the relevant requirements.

A number of representations have referred to concerns regarding the detrimental impacts of additional traffic generated by the proposal using Dore Road. A traffic count carried out on Dore Road recorded two way traffic flows of 297 vehicles per hour (a.m. peak) 318 vehicles (p.m.peak) and 3418 vehicles over a 12 hour period. It would be expected that the proposed development would generate 5 vehicle movements (a.m. peak), 6 vehicle movements (p.m. peak) and 50 vehicles over the 12 hour period. This level of vehicle movement would not have a material impact upon the surrounding highway network.

The proposed access location would be considered to be acceptable as it would provide adequate visibility splays.

The proposal would be considered to be acceptable in regards to its impacts upon highway safety.

Landscaping Issues

Prior to submission of the application a Tree Preservation Order was imposed upon the site covering a number of trees. Following review of the specimens initially covered it is considered that a number are not suitable for protection under a TPO. The Order is therefore in the process of being revised to include 4 individual specimens and 3 groups of trees. The report relating to this appears elsewhere on this agenda.

The revised housing layout is considered to safeguard the future viability of the trees. Subject to the imposition of a planning condition requiring replacement tree planting, the proposal is considered to be acceptable from a landscaping perspective.

179

Sustainability

The location of the site is in an established residential area with a number of facilities within Dore Village, approx 350m from the site, and served by public transport.

The Sustainability Statement submitted with the application states that the scheme will meet level 3 of the Code for Sustainable Homes. This is equivalent to a reduction of 25 % below the 2006 Target Emissions Rate. This is considered to be acceptable and would exceed the maximum reduction of 20% which would be required by the standard condition frequently imposed in these situations.

Open Space Provisions

Given that the proposal includes more than 5 dwellings a commuted sum toward off-site open space improvements will be required under UDP policy H16. Following an assessment of existing provisions it has been established that the existing provisions fall below the minimum guidelines, and therefore the developer is required to make a contribution to the provisions or improvement of recreation space in the catchment area. Based upon the provisions of the Open Space in New Housing Development Supplementary Planning Guidance a contribution of £8,579.90 is required. Therefore, the below recommendation is subject to the completion of a Section 106 agreement relating to this issue.

Drainage Issues

Yorkshire Water have commented on the application recommending that a number of conditions are added to any consent granted. It is noted that the local public sewer does not have capacity to accept any additional discharge from the proposal site. YW suggest that the Environment Agency are contacted with a view to establishing a suitable watercourse for the disposal of surface water. It is therefore considered appropriate to impose a condition which requires surface water run off to be limited to 5 litres per second.

RESPONSE TO REPRESENTATIONS

An application for development of the site at Num.79 Dore Road is also being considered at the same Board as the current application. The nature of the street scene at this part of Dore Road is of dwellings within larger plots of more generous width. As such the immediate surroundings to the respective sites are not particularly direct, and each application must be determined on its individual merits.

Concern regarding loss of green spaces is noted. The proposal would retain the trees covered by the amended tree preservation order. The other trees at this site are not afforded any formal protection, and would be capable of being removed without restriction. Similarly the wildlife value of the garden space would not be protected in any way.

180 The amended site layout plan shows retention of the boundary planting.

The site is not itself located within the Dore Village Conservation Area.

SUMMARY AND RECOMMENDATION

The application seeks consent for eight dwellings within the site, currently featuring one dwelling. The site includes trees covered by a Tree Preservation Order. The land on the opposite side of Dore Road is designated as being within the Green Belt. The proposal is considered to be acceptable in design terms respecting the character of the immediate street scene, safeguarding amenities of neighbouring occupiers and being acceptable in relation to highway safety implications. As such the proposal is considered to satisfy the requirements of UDP policies BE5, GE15, H10, H14, H15 and H16. Overall, the proposal is considered to be acceptable and subject to the completion of a legal agreement is considered to be acceptable.

HEADS OF TERMS FOR LEGAL AGREEMENT

On or before the commencement of development the developer shall pay the sum of £8,579.90 to the Council, to be used towards the provision or enhancement of Open Space within the vicinity of the site.

181

Case Number 08/03012/FUL

Application Type A Full Planning Application

Proposal Erection of a mixed use development comprising a café / restaurant, ( A3 ), retail unit, ( A1 ), offices, ( B1) and 24 apartments, with associated roof gardens, binstores, cycle parking and disabled car parking facilities

Location Yorkshire Co Op Society Car Park Beeley Street Sheffield S2 4LP

Date Received 03/06/2008

Team SOUTH

Applicant/Agent Axis Architecture

Recommendation To Report

Subject to:

182 Site Location

LOCATION AND PROPOSAL

The site is located at the bottom of London Road at its junction with Beeley Street and Boston Street. It adjoins the Waitrose petrol station and is currently used as a car park.

The proposals involve the erection of a six storey building, for use as a café restaurant, ( A3 ), retail unit, ( A1 ), offices, ( B1 ) and 24 apartments. The upper floor will be set back, to reduce the apparent height in the street-scene. The proposals will offer the following accommodation ;

Ground Floor - 98m² café / restaurant unit, (A3) and 116m² retail unit, ( A1 ), and management office, 30m², binstores, lift and stairs, 2 disabled car parking spaces and 8 cycle spaces. First Floor - 376m² of offices, shower, male wc, female / disabled wc,

183 lift and stairs. 2nd, 3rd 4th - 4 x 1bed studios, each with kitchen / lounge / bedroom and bathroom / wc, - 3 x 1bed apartments each with kitchen / lounge, bedroom and bathroom / wc. 5th Floor - 3 x 2 bed penthouse apartments, each with kitchen / lounge, 2 bedrooms, bathroom / shower / wc and terrace garden. Rooftop - shared roof-garden / amenity space.

The proposed roof garden, will provide amenity space for the residents with hard and soft landscaping and seating, screened by toughened glass balustrades.

RELEVANT PLANNING HISTORY

07/02821/FUL – for the erection of a café / restaurant, ( A3 ), offices, ( B1 ), and 20 apartments, with a roof garden and car parking, was withdrawn on the 29th of October 2007.

The current proposals are a revised submission for this proposal, incorporating appropriate amendments.

REPRESENTATIONS - No representations were received.

PLANNING ASSESSMENT

Policy

The site is located within the London Road, District Shopping Area and cafés, restaurants, ( A3 ), retail units, (A1), offices,( B1 ) and apartments, ( C3 ), are all acceptable uses, under policy S7, ( Development in District and Local Shopping Centres ), of the Sheffield Unitary Development Plan, 1998, provided that they are well-designed and of a scale and nature appropriate to the site, are adequately served by public transport and do not lead to a concentration of non-A1 uses, which would threaten the vitality or viability of the shopping centre or cause residents to suffer disamenity from noise, pollution or other nuisance, under policy S10, ( Conditions on Development in Shopping Centres ).

The proposals will comply with this. The development is well designed in terms of scale, is well served by buses, provides 50% x A1 and 50% x A3 use, for the ground floor, maintaining the balance of the shopping centre and provides satisfactory standards of living accommodation for the residents, without any undue impact upon the amenities of existing residents.

The development will have level access throughout and 10 of the apartments will be designed to mobility standards, under policy H7, ( Mobility Housing ), of the Sheffield Unitary Development Plan, 1998.

The 24 apartments proposed, fall below the current threshold for affordable housing, ( 25 units ) and no affordable housing contribution is required.

184 Open Space Provision

The proposals include a Section 106, Unilateral Undertaking, for £13,379.70, towards the provision or enhancement of local public open space, under policy H16, of the Sheffield Unitary Development Plan, 1998.

Design and Impact

The proposals will provide a black brick base, with expressed concrete and white glazed ceramic tiling, to the rear and a high glazed frontage, set in gunmetal grey frames, with glazed stairwells and sun-boxes and green and blue alu-zinc cladding, on the London Road and Boston Street frontages.

The site is prominently located at the junction of Boston Street and London Road and the building is well designed, with a curved frontage, to turn the corner. It will be 6 storeys high, ( with the penthouses set back, to reduce the apparent height ). The roof will be at the same height, as the nearby Chinese Fireworks Company building and since there are several taller buildings, in the vicinity of the site, ( including the Leverton Flats and the Forge Student Village ), this is considered to be acceptable within the street-scene.

The site is over 38m away from apartments in The Forge / Bed Nightclub site opposite, but will be only 20m away from the flats, above the shops, at 19-25 and 42-46 London Road. However, it will be set at an oblique angle and should not impact unduly upon their privacy.

Sustainability

The proposed development is a sustainable, low carbon development, located on a main bus route, within easy walking distance of the City Centre. It will be a car free development, except for the provision of two disabled car parking spaces and will provide cycle parking, for residents, staff and visitors.

The proposed apartments will be insulated to a high standard and will have South facing, sun boxes, to provide passive solar gain, together with natural light and ventilation.

Projecting glass fins, on the South facing frontage, will incorporate solar photovoltaic energy generation, to help run energy efficient heating and lighting.

Rainwater will be harvested to irrigate the roof garden and the landscaped terraces, to the 5th floor penthouses, reducing surface water run-off.

Flood Risk

The site is located within a zone 3, flood risk area, however, there is no history of flooding and the flood risk assessment indicates that water would run down the underpass and away on the other side, which is at a lower level.

185 However, in case flooding should occur in the future, it has been agreed with the Environment Agency, that the ground floor, will be raised 600mm above street level and the retail units, will be designed for flood resistance.

The roof garden and landscaped terraces, will reduce surface water run-off from the site.

In accordance with the guidance set out in PPS25 “Development and Flood Risk”, planning decisions must take a risk based approach to flooding. PPS25 requires development to be directed towards areas with the lowest probability of flooding (Zone1). Developments located in Flood Zones 2 and 3 must therefore follow the Sequential Test to ascertain whether any alternative sites exist which are in a Flood Zone with a lower probability of flooding (Starting with Zone 1).

The applicant has provided evidence to allow officers to undertake the test, however further information is needed in order for this to be completed. It is anticipated that this information will be received in time to enable resolution of this matter to be reported to Members prior to the date of the Area Board meeting.

Noise

The noise survey indicates that the site falls within noise exposure category, C, due to traffic noise on London Road. There is also potential noise disturbance from the Waitrose Supermarket, delivery bay on Cemetery Road and the Waitrose Petrol Station, on Beeley Street.

The development has therefore been designed to minimise noise disturbance. The apartments will have acoustically glazed, sun boxes, with zinc louvres, on the frontage, instead of balconies, setting the living-rooms back 1.2m and achieving a high degree of sound attenuation.

Separate sound attenuated, ducted ventilation, is also to be provided, so that occupants do not need to leave their windows open, ( although the sunboxes can be opened to create balconies in summer, if they wish ).

To avoid night-time disturbance from the Waitrose delivery area and petrol station, only the lift, stairwell, bin-stores, bike-stores, access corridors and bathrooms, will be located on the Beeley Street frontage and this will act as a noise buffer, shielding noise sensitive bed-rooms and living-rooms.

Conditions are recommended to ensure that the required levels of sound attenuation are provided and validated, as having been achieved.

Security

The apartments will have a swipe card security system, together with natural surveillance and the office, car park and apartment entrances, will be well lit.

Highways

186 Due to the limited dimensions of the site, only 2 disabled car parking spaces, 8 cycle parking spaces and 2 visitor cycle spaces, can be provided. However, the site is located on a main bus route, close to the city centre and is considered to be suitable as a car free development.

The Travel Plan proposes a free 1 year travel pass, broadband connections and walking, bus and cycle route information, for new occupiers, indicating the locations of local health facilities, schools, supermarkets, etc.

SUMMARY AND RECOMMENDATION

The proposals involve the provision of a six storey, mixed use development, at the junction of London Road and Boston Street, which includes, ground floor, A1 and A3 units, 1st floor offices and 24 apartments, (on 4 floors, including, 12 x 1 bed studios, 9 x 1 bed apartments and 3 x 2 bed penthouses). A roof garden is proposed as amenity space for the residents.

The proposals are a sustainable development, with good insulation, sound attenuation, solar gain, solar photovoltaic panels, energy efficient heating and lighting and roof-gardens, with rainwater harvesting, to reduce run off.

The development is located, on a bus route, close to the city centre and will be car free, except for 2 disabled car parking spaces. 8 cycle parking spaces are proposed for residents and shop staff, plus 2 visitor spaces on Beeley St.

The site is located on a prominent corner, which forms a gateway into the city centre and the proposals are considered to be a good contemporary design, which addresses the corner, with a curved frontage. The height of the proposed building is considered to be acceptable, since there are many tall buildings in the vicinity of the site and the proposed roof will line through with the roofline of the nearby Chinese Fireworks Factory. The one and a half storey glazed retail frontage, will provide interest at a human scale.

It is considered that the proposed mixed use development, will encourage local regeneration, by developing a long term vacant site and providing retail and office employment, as well as living accommodation.

The outstanding matter is Flood Risk, with further information awaited from the applicant to enable the Sequential Test (Flood Risk) to be undertaken. It is anticipated that this matter will be resolved in time to enable a recommendation to be made in the form of a Supplementary Report prior to the date of the Area Board meeting.

RECOMMENDATION: To Report

187

Case Number 08/02594/OUT

Application Type Outline Planning Application

Proposal Demolition of existing buildings and erection of mixed use development comprising employment and business facilities (Use Class B1), residential accommodation (including services apartments) (C3), hotels (C1), commercial office floorspace (A2), food and drink facilities (A3, A4 and A5), community and civic facilities (D1), leisure uses (D2), retail floorspace (A1), and ancillary commercial and non-commercial uses, car parking spaces (including multi-storey car parking), public and private open space, and landscaping, highways, access and engineering works

Location Land And Buildings At Weir Head Carbrook Street Meadowhall Way Meadowhall Drive And Weedon Weedon Street Sheffield

Date Received 28/05/2008

Team CITY CENTRE AND EAST

Applicant/Agent Drivers Jonas

Recommendation GRA GC subject to Legal Agreement

Subject to:

1 In respect of each part of the development to be the subject of a separate reserved matters approval, that phase or part of a phase of the development as hereby permitted shall not commence until layouts, plans / sections and elevations for that part of the development illustrating:

layout; scale; appearance; access; and, landscaping.

have been submitted to and approved in writing by the Local Planning Authority.

The part of the development that is the subject of the reserved matters application shall in all respects be carried out in accordance with the

188 approved layouts, plans/sections and elevations unless otherwise agreed in writing by the Local Planning Authority.

2 Subject to conditions 46 - 49 the following may take place prior to the submission of applications for reserved matters approvals, unless otherwise agreed in writing with the Local Planning Authority.

Demolition, archaeological investigations, ground conditions investigations and intrusive site surveys and other enabling works, site clearance, soil storage, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, the temporary display of site notices or advertisements.

In order to define the permission.

3 The development hereby permitted shall be commenced no later than the expiration of 2 years from the approval of the final Reserved Matters application, or in the case of approval on different dates, the final approval of the last such matter to be approved.

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

4 The application for approval in respect of any matter reserved by this permission must be made not later than the expiration of 10 years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act and provide and extended period to implement this permission given its scale and complexity.

5 Applications for approval of Reserved Matters shall be accompanied by an illustrative plan showing:

(a) how the location and use(s) of the buildings in respect of which (i) approval already exists; (ii) construction has already begun or has been completed; and (iii) approval is being sought are in conformity with the Parameters Plans, Regulatory Text and Design Codes and Public Realm improvements sections of the Design and Access Statement, as approved or as subsequently amended; (b) the development plots and quantums (or part thereof) for which buildings have yet to come forward for approval of Reserved Matters;

In order to ensure that if the development proceeds in phases that each phase is consistent with the framework established by the

189 Parameters Plans, Regulatory Text and Design Codes in the interest of securing a properly co-ordinated development.

6 The development shall be carried out in accordance with the approved Public Realm and Urban Design Code, The Building Design Codes and Public Realm Improvements section of the Design and Access Statement, or any variation to it that is agreed with the Local Planning Authority that does not result in a material departure from the development approved and does not require an assessment of additional environmental effects by way of an addendum to the environmental statement.

In order to ensure that the environmental impact of the development is consistent with that assessed as part of the application and to ensure that it is carried out in accordance with fundamental design principles that are critical to securing a high quality place specific development.

7 Unless otherwise agreed in writing with the Local Planning Authority, as part of the first reserved matters application a public art strategy which sets out the process and programme for providing public art within the scheme as a whole shall be submitted to and approved by the Local Planning Authority. Thereafter public art shall be provided in accordance with the approved strategy unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure that the development creates a unique sense of place which adds to the character of the new neighbourhood.

8 The development is to be carried out in material compliance with the Parameters plans and Regulatory Text Rev A which includes the following Parameter Plans:

Plan P01 Application Boundary and Site Levels. Plan P02 Maximum Building Footprint. Plan P03 Rev A Proposed Uses by Zone Plan P04 Rev A Maximum Building Heights. Plan P05 Potential Access / Egress.

or any variation to them that is agreed with the Local Planning Authority that does not result in a material departure from the development approved and does not require an assessment of additional environmental effects by way of an addendum to the environmental statement.

In order to ensure the environmental impact of the development is consistent with that assessed as part of the application in order to define the permission.

9 Permission is hereby granted for the following uses as set out in the description of development:

(a) Retail within Class A1; (b) Commercial Office Space within Class A2;

190 (c) Food and drink uses within Classes A3, A4 and A5; (d) Business and employment uses within Class B1; (e) Hotel use within Class C1; (f) Residential uses within Class C3 including Serviced Apartments; (g) Uses within Class D1 and D2 (including sports pitches and changing rooms); (h) Car Parking (Including Multi-storey car parking); (i) Other miscellaneous uses including public bicycle interchange/storage facilities, substations, transformers, waste storage and recycling facilities.

or any variation that is agreed with the Local Planning Authority that does not result in a material departure from the development approved and does not require an assessment of additional environmental effects by way of an addendum to the environmental statement.

In order to define the permission.

10 Unless otherwise approved in writing by the Local Planning Authority, no more than 67,500 sq m of Class B1 floorspace shall be constructed until evidence is submitted to, and approved in writing by, the Local Planning Authority, that demonstrates that any additional office floorspace developed will maintain an appropriate balance between City Centre and edge of centre office development (as defined in the Development Plan and Government Planning Guidance) and office development outside this area, in accordance with the objectives of the Development Plan of ensuring that the City Centre is and remains the focus for office development in Sheffield City Council Local Authority Area.

An office compliance statement covering developments in Sheffield Local Authority Area will be submitted to the Local Planning Authority for its approval in writing in association with any reserved matters application for any phase of offices beyond the initial phase of 67,500 square metres. The statement will identify:

(i) the amount of B1(a) office floorspace approved (but unimplemented) in the City Centre and on edge of city centre sites, (‘city centre’ and ‘edge of city centre’ as defined in the Development Plan and Government guidance); (ii) the amount of approved office floorspace for which reserved matters approval has been granted and that remains to be built at the River Don District, plus (in respect of office development that has not been implemented) other B1(a) office permissions, (as defined in the methodology for implementation of office policies as set out in the Development Plan) outside the city centre and edge of centre area; (iii) the amount of office floorspace constructed in the City Centre and at edge of centre sites over the previous five years up to the date of the office compliance statement and the amount of office floorspace constructed outside the City Centre and edge of centre area; and on this basis (iv) the balance between office space constructed and with planning permission, (as defined in the methodology for implementation of office

191 policy as set out in the Development Plan), and under construction will be identified

This will form the basis of the assessment by the Local Planning Authority of whether there is an appropriate balance between City Centre office development, and development outside the City Centre.

In order to ensure that the city centre remains the focus for office development in accordance with Regional Spatial Strategy Policies E2 and E3.

11 In order to ensure that the overall development achieves a predominance of Class B1 (a) and (b) uses, a compliance statement must be submitted with each application for reserved matters approval to demonstrate that at least 50% of the total developable site area remains available for, and /or is occupied by, business uses and parking, open space, site accesses and internal access routes associated with that business use, unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure that sufficient land is retained for employment uses in accordance with UDP policy IB9.

12 As part of any reserved matters application seeking permission for access a detailed highway layout plan/plans for that specific phase shall have been submitted to and approved in writing by the Local Planning Authority; The drawing shall give details of:-

1. All areas of public highway to be closed.

2. Any new areas of public highway to be created.

3. Vehicle servicing proposals.

4. Construction access points.

Thereafter the development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure that adequate access and egress arrangements are provided in the interests of traffic safety.

13 Unless otherwise agreed in writing with the Local Planning Authority, car parking for Class B1(a) floorspace shall be provided within a range of 1 space per 50 square metres (gross external) to 1 space per 75 square metres (gross external) subject to office parking levels for the site as a whole not exceeding an average of 1 space per 60 square metres (gross external) and subject to an operational justification being submitted to and approved by the Local Planning Authority for any reserved matters application where parking levels exceed 1 per 60 square metres. Car

192 parking for Class B1(b) & (c) shall not exceed 1 space per 75 sqm (gross external).

To ensure that parking is set at a level that reflects the accessibility of the site by public transport and that the traffic generation and highway impact is limited to that assessed as part of the transport assessment and to ensure that parking is consistent with Regional Spatial Strategy policy T2.

14 Unless otherwise agreed with the Local Planning Authority car parking within the neighbourhood centre on Plot 2 shall be provided at a ratio of no more than 1 space to 50 square metres (gross external) in respect of leisure/community floorspace and no more than 1 space to 40 square metres (gross external) in respect of retail floorspace and car parking for hotel uses shall be no more than one space per bedroom plus one space per residential staff and one space per three non-residential staff.

15 Unless otherwise agreed with the Local Planning Authority, car parking for the residential units shall be provided at an average across the development of a maximum of 1 space per residential unit.

16 Prior to each phase of the development being brought into use any redundant access serving that phase shall have been permanently closed and reinstated to footpath, 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.

17 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.

18 The development of each reserved matters phase 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

193 the reconstruction of the footways adjoining the site frontage before the development is brought into use. The detailed materials specification shall have first been approved in writing by the Local Planning Authority.

In the interests of pedestrian safety.

19 Unless otherwise agreed in writing and prior to the occupation of any office or hotel building or any phase of residential development, a site specific Travel Plan(s) for that building or phase of residential development, 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. Site specific Travel Plan(s) shall be developed in accordance with appendix 5 of the River Don District Transport strategy.

On occupation, of the appropriate building or appropriate phase of residential 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.

20 As part of each reserved matters application seeking approval for Access arrangements a detailed dilapidation survey of all the highways abutting or passing through the reserved matters application site including any structural surveys deemed necessary shall be submitted to and approved by the Local Planning Authority. Any deterioration in the condition of the highway attributable to the construction works shall be rectified in accordance with a scheme of work to be agreed with the Local Planning Authority.

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

21 Unless otherwise agreed in writing by the Local Planning Authority the residential development hereby permitted shall be provided in accordance with the following unit mix:

- minimum of 30% of the units should have three or more bedrooms with a minimum of 5% being three or more bedroom houses; - minimum of 40% of the units shall be two bedroom units;

In the interests of securing a mixed community in accordance with Planning Policy Statement 3 ‘Housing’.

22 Unless otherwise agreed in writing with the Local Planning Authority, the first reserved matters application for housing shall include details of a minimum of 250 dwellings. – Number of units to be defined when a plan has been agreed showing an acceptable first phase.

194

In order to ensure that the first phase of housing is of sufficient scale to alter the character of the area and uplift the environmental quality to a level suitable for residential development in the interests of future residential occupiers of the site.

23 As part of each relevant reserved matters application which includes serviced apartments details of the number and location of serviced apartments shall be submitted to and approved by the Local Planning Authority.

In the interests of securing a mixed community in accordance with Planning Policy Statement 3 ‘Housing’.

24 Unless otherwise agreed in writing by the Local Planning Authority:

1. a minimum of 4% of residential units shall be ground floor three or more bedroom apartments with attached private outdoor space; and, 2. a minimum of 5 % of residential units shall be houses provided with attached private outdoor space.

In the interests of securing a mixed community and ensuring that private gardens are provided for family housing in accordance with Planning Policy Statement 3 ‘Housing’.

25 A minimum of 25% of the housing units shall be designed to meeting the standards set out in the Council’s Mobility Housing Supplementary Planning Guidance.

In order to meet the needs of mobility impaired people and provide a mix of housing in accordance with UDP Policy H7 and Planning Policy Statement 3 ‘Housing’.

26 Unless otherwise agreed in writing by the Local Planning Authority the residential units sizes shall meet the Housing Corporation space standards as set out on page 49 of the Design and Access Statement.

In the interest of securing a mixed community, in that, apartments with more generous internal space standards are more likely to prove attractive to families with children, and in the interests of amenities future occupiers of the residential accommodation.

27 Each phase of housing shall not be begun until:-

1. A scheme for affordable housing (equivalent to no less than 15% being provided for sale at the transfer price for that area (at the time development is commenced)) has been submitted to and approved in writing by the Local Planning Authority , unless otherwise agreed in writing by the Local Planning Authority in accordance with the terms of the 2006 Affordable Housing Interim Planning Guidance. The scheme shall include:

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A) the type and location of the site of the affordable housing provision to be made; and B) timing and construction of the affordable housing: and C) prices at which the affordable housing units will be transferred to a housing association.

2. A submission setting out progress against the agreed objective of achieving 15% of affordable housing for sale at the transfer price for the whole of the approved development, including an assessment of future phases, has been submitted to and approved by the Local Planning Authority.

In accordance with the 2006 Affordable Housing Interim Planning Guidance and Planning Policy Statement 3 ‘Housing’.

28 Unless otherwise agreed in writing by the Local Planning Authority a minimum of 65% of the office floorspace shall be provided in a campus form on a single site with buildings arranged around a landscaped space which has a plot ratio of 0.5 – 1.5. The plot ratio is defined as the office floorspace divided by the site area (both measured in square metres). The site area is defined as the area of land occupied by the offices, ancillary buildings, associated car parking, campus landscaping and service roads.

In order to ensure that the majority of the offices are developed in a format that is distinctly different to the City Centre office offer and a business park development, in accordance with the case put forward as part of the application of the need for an office campus to serve the city. Also to ensure that the development is not harmful to the regeneration of the City Centre and is consistent with the Planning Policy Guidance Note 6 ‘Planning for Town Centres’.

29 Unless otherwise agreed in writing by the Local Planning Authority, no more than 250 residential units may be occupied until a minimum of (100) sq m of floorspace in use classes A1-5 is available for occupation. No more than 799 residential units may be occupied until a minimum of 500 sqm of floor space in uses classes A1-A5, D1, D2 is available for occupation of which at least 300 sqm shall be available for occupation for convenience goods shopping.

In order to ensure that sufficient floorspace is provided to accommodate a range of retail, and leisure uses needed to serve a sustainable residential community in accordance with Planning Policy Statement 3 ‘Housing’

30 No more than 250 residential units may be occupied until a minimum of 75 sq m of floorspace for community use (use class D1) is available for occupation in accordance with a management plan which will have been submitted to the Local Planning Authority and approved prior to occupation of any residential units which may be subsequently amended with the agreement of the Local Planning Authority.

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In order to ensure that sufficient floorspace is provided to accommodate community facilities needed to serve a sustainable residential community in accordance with Planning Policy Statement 3 ‘Housing’.

31 A minimum of 499 sq m and a maximum of 1,500 sqm of gross convenience goods retail floorspace (Class A1) shall be provided but no more than 1,000 sqm shall be provided in any one unit, unless otherwise agreed in writing with the Local Planning Authority.

In order to ensure the retail floorspace is of the type and scale for which a need has been identified and which is appropriate to the scale of the neighbourhood centre, in accordance with Planning Policy Statement 6 ‘ Planning for Town Centres’.

32 With the exception of any convenience goods floorspace delivered under Condition 37, the retail floorspace (Class A1) hereby approved shall be provided in a minimum of 4 units each unit being of no more than 500 sq m gross, unless otherwise agreed in writing with the Local Planning Authority.

In order to ensure that the retail floorspace is provided in a format that will secure a range of small shops of a local nature, serving a local catchment consistent with the need established as part of the application and in accordance with Planning Policy Statement 6 ‘Planning for Town Centres’.

33 No more than 1,000 sq m gross retail floorspace (Class A1) shall be used for the sale of comparison goods unless otherwise agreed in writing with the Local Planning Authority.

In order to avoid an unacceptable impact on other centres and to ensure the retail space is in scale with the neighbourhood centre needed to serve the development, in accordance with Planning Policy Statement 6 ‘Planning and Town Centres’.

34 Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) Order 1995, or any Order revoking or re-enacting that Order, there shall be no change of use between Use Classes A2, A3 ,A4, A5 to a use within Class A1 without prior planning permission.

In order to ensure the retail floorspace provided is consistent with the need and scale of development justified as part of the application and to prevent an unacceptable impact on other centres, in accordance with Planning Policy Statement 6 ‘Planning for Town Centres’.

35 Unless otherwise agreed in writing by the Local Planning Authority no more than:

A) 2,500 sqm floorspace (gross) for town centre uses (defined as use classes A1-A5 and D2) shall be occupied until construction is committed on a minimum of 25,000 sqm of floorspace of B1 and/or 350 residential units or

197 a reasonable combination of floorspace across each of these uses, which has first been agreed in writing by the Local Planning Authority.

B) 4500 sqm of floorspace (gross) for town centre uses (defined as use classes A1-A5 and D2) shall be occupied until construction is committed on a minimum of 40,000 sqm of floorspace of B1 and or 650 residential units or a reasonable combination of floorspace across each of these uses, which has first been agreed in writing by the Local Planning Authority.

C) the remainder of the permitted development space (gross) for town centre uses, (defined as use classes A1-A5 and D2) shall be delivered in accordance with the Parameters Plans hereby approved subject to the conditions attached to this consent.

To prevent a stand alone retail/leisure development the case for which has not been demonstrate and which could impact on the vitality and viability of other centres, in accordance with Planning Policy Statement 6 ‘Planning for Town Centres’.

36 Unless otherwise agreed in writing by the Local Planning Authority an area of public open space linked to the Riverside of at least 1.9 ha (including the 5 Weirs Walk) and at least 25 m wide at its narrowest point shall be created within Plot 1.

In order to ensure that sufficient public open space is provided to serve the residential development and to provide a satisfactory setting and create a high quality environment for future residential occupiers.

37 As part of each reserved matters application for residential development details shall be submitted to and approved by the local planning authority of:

- Informal open space; - Children’s play facilities, taking into account the NPFA standards and the policy H16 of the Unitary Development Plan; - Landscaping (including temporary landscaping of undeveloped parts of the same plot); - Footpath links connecting the development to its surroundings;

To serve that part of the development permitted. For the avoidance of doubt, (in relation to residential development on plot 1) the proportion of the park area to be provided shall be at least equivalent to the proportion of the area of plot 1, excluding the park area and land proposed for office development to which the application relates. The approved details shall be implemented before the first residential units in that phase are brought into use.

In order to ensure that sufficient open space, play facilities, landscaping and footpath links are provided to serve each phase of housing development to meet the needs of future residents and ensure that safe and attract

198 pedestrian links are provided to local facilities and public transport services, in the interests of the amenities of future occupiers.

38 As part of each reserved matters application a scheme and programme shall be submitted to and approved by the Local Planning Authority for the landscaping and provision of footpath cycle links for the railway embankment/remodelled railway embankment and riverside area to the north of the realigned Meadowhall Way appropriate to that phase of development. Thereafter the approved details shall be implemented in accordance with the approved scheme and programme.

To ensure that the site is comprehensively developed in a co-ordinated manor, in the interests of the amenities of the area.

39 Any reserved matters application for landscaping the riverside open space shall be accompanied by a landscape masterplan for the whole of the riverside open space to demonstrating that landscape phase for which permission is being sought fits in as part of a co-ordinated scheme for the whole of the open space.

To ensure that construction of phases the riverside space is undertaken as part of a co-ordinated plan for the whole of the riverside space, in the interests of the amenities of the area.

40 Each reserved matters application for landscaping that includes areas of public realm shall be accompanied by proposals for the long term management and maintenance of these spaces which shall be submitted to and approved by the Local Planning Authority before any development of the phase commences. Thereafter the approved details shall be implemented.

In the interests of the amenities of the locality.

41 Unless otherwise agreed in writing by the Local Planning Authority green/brown roofs shall be provided on 50% of the roof area of new buildings across the development as a whole unless otherwise agreed in writing by the Local Planning Authority. Prior to each phase of the development commencing details of the design and location of green/brown roofs forming part of that phase shall be submitted to and approved by the Local Planning Authority consistent with the Ecology Management Plan approved under condition 76. The approved details shall be implemented before the buildings on which the green/brown roofs are to be provided are occupied.

In order to compensate for impact of the development on the green link and to secure a sustainable development in accordance with Planning Policy Statement 1 ‘Creating Sustainable Communities’ and Regional Spatial Strategy Policy YH1.

199 42 Unless otherwise agreed in writing by the Local Planning Authority and subject to future changes in green roof technology and design the green roof(s), (roofs where wildlife habitat is not the principle design purpose), shall be designed with a growing medium of 80mm minimum depth and containing between 15 to 25% compost or other organic material shall be provided in order to provide suitable growing conditions and in particular adequate water retaining capacity for Sheffield climatic conditions.

In order to compensate for impact of the development on the green link and to secure a sustainable development in accordance with Planning Policy Statement 1 Creating Sustainable Communities and Regional Spatial Strategy Policy YH1.

43 Unless otherwise agreed in writing by the Local Planning Authority and subject to future changes in brown roof technology and design the brown roof(s), (roofs where wildlife habitat is the principle design purpose), shall be designed with a growing medium of 150mm average depth and containing between 15 to 25% compost or other organic material shall be provided in order to provide suitable growing conditions and in particular adequate water retaining capacity for Sheffield climatic conditions. Additional habitat provision such as bird perching and nesting sites shall be provided.

44 Prior to any multi-storey car park being constructed that cuts into the existing railway embankment details of the design, extent and location of wildlife roof canopies that provide a wildlife link between the green corridor along the railway embankment and the landscaping/brown roofs within the site shall be submitted to and approved by the local planning authority. The approved details shall be implemented before the relevant car park is brought into use.

In order to compensate for impact of the development on the green link in accordance with Unitary Development Plan Policy GE10 and Planning Policy Statement 9 Biodiversity and Geological Conservation.

45 Unless otherwise agreed in writing by the Local Planning Authority the reserved matters applications that include the riverside open space and Five Weirs Walk shall incorporate proposals for improving access to the river for fishing and canoeing and details of seating, litter bins and information/ interpretive panels and lighting. Subject to Environment Agency approval, the approved details shall be implemented before the relevant section of the riverside open space and Five Weirs Walk is brought back into use.

In order to ensure that the development enhances the recreational potential of the riverside in accordance with Unitary Development Plan Policy GE17.

200 46 Unless otherwise agreed in writing with the Local Planning Authority, in respect of Plot 1, no Reserved Matters applications shall be submitted and no development undertaken including any enabling works as defined in Condition 48 below within Plot 1, until the applicant, or its agents or successors in title, has secured the implementation of a programme of archaeological evaluation for Plot 1 in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority and then implemented to the satisfaction of 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 in accordance with Planning Policy Guidance Note 16 Archaeology and Planning.

47 Unless otherwise agreed in writing with the Local Planning Authority, in respect of Plot 1, no development or enabling works, as defined in condition 48 shall take place within a part of the site where mitigation is identified as being necessary in the earlier evaluation until the applicant, or its agents or successors in title, has secured the implementation of a programme of archaeological mitigation, in accordance with the results of the earlier evaluation, and a written scheme of investigation for any necessary mitigation recording has been submitted by the applicant and approved by the Local Planning Authority and then implemented to the satisfaction of the Local Planning Authority.

48 Unless otherwise agreed in writing with the Local Planning Authority, in respect of each part of the development the subject of a separate Reserved Matters approval, no development or enabling works as defined in this condition of Plots 2 to 5, Flood alleviation Channel and Meadowhall Way shall take place until the applicant, or its agents or successors in title, has secured the implementation of a programme of archaeological work which shall include a detailed scheme for the foundation design and all new ground works where appropriate, for that part in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority, and then implemented to the satisfaction of the Local Planning Authority.

Enabling works is defined as, ground conditions investigations and intrusive site surveys, site clearance, soil storage, ground works, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure.

201 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 in accordance with Planning Policy Guidance Note 16 ‘Archaeology and Planning’.

49 In respect of each part of the development the subject of a separate reserved matters approval, that part of the development hereby approved shall not commence until a scheme detailing the methodology for, (prior to Demolition), recording relevant standing structures as outlined within the Heritage and Built Environment Chapter of the Environmental Statement as amended by letter dated 19th September 2008 on that part of the site has been submitted to and agreed in writing by the Local Planning Authority and any required recording has been undertaken in accordance with an agreed methodology. The results of the implementation of the scheme shall be submitted to 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 in accordance with Planning Policy Guidance Note 16 ‘Archaeology and Planning’.

50 Applications for approval of Reserved Matters in relation to buildings adjacent to or affecting the setting of the listed tram shed, shall be supported by information that demonstrates how the proposed design and appearance responds to the details contained within the Design Code, Parameters Plans and Regulatory Text Rev A approved under this Planning Permission.

In the interests of protecting the setting of the listed tram shed in accordance with Unitary Development Policy BE19 and Planning Policy Guidance Note 15 Planning and the Historic Environment.

51 Unless otherwise agreed in writing by the Local Planning Authority, at the time of the first occupation of residential units in the relevant phase of residential development the noise levels within residential units due to industrial noise generated by Forgemasters shall not exceed 45dB LAmax in bedrooms between 11pm and 7am with bedroom windows open.

Each application for Reserved Matters approval that includes such properties shall include details of the proposed methods for achieving this design standard. Thereafter the approved details shall be implemented before the relevant residential units are first occupied.

In the interests of the amenities of future occupiers of the residential accommodation and to ensure the development does not prejudice the operations of adjacent business in accordance with Unitary Development Plan Policy IB11.

202 52 Unless otherwise agreed in writing by the Local Planning Authority, at the time of the first occupation of residential units in the relevant phase of residential development the noise levels within residential units due to industrial noise generated by Howco shall not exceed 30dB LAeq, 15mins in bedrooms between 11pm and 7am with bedroom windows open.

Noise levels within residential units due to industrial noise generated by Howco shall not exceed 40dB LAeq, 15 mins, in living rooms between 7am and 11pm with living room windows open.

53 Unless otherwise agreed in writing by the Local Planning Authority, at the time of the first occupation of residential units in the relevant phase of residential development the noise levels within residential units due to road traffic shall not exceed 30dB LAeq,8h in bedrooms between 11pm and 7am and 40dB LAeq,16h between 7am and 11pm in living rooms with windows closed.

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

54 Before the dwellings in each phase of development are occupied, a Validation Test of the effectiveness of the approved details for achieving the noise level design targets for that phase 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, b) Demonstrate that the specified noise levels have been achieved in accordance with the approved details. 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

203 Local Planning Authority before the use is commenced and shall thereafter be retained.

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

55 Unless otherwise agreed in writing by the Local Planning Authority, the office accommodation hereby permitted shall not be occupied unless a scheme of sound attenuation works has been installed and thereafter retained, such a scheme of works shall be capable of achieving the following internal noise levels, due to external noise, with the windows closed:

Offices - Noise Rating Curve NR45 (in accordance with ISO 717-1).

In the interests of future occupiers of the offices.

56 Unless otherwise agreed in writing by the Local Planning Authority, at the time of the submission of the Reserved Matters application in the relevant phase, noise levels in external areas associated with the residential use to be used as a private/semi private shared gardens shall not exceed 55dBLAeq (16 hour).

The assessment of noise levels should take into account the actual noise readings at the time of submission of the relevant phases and the modelling of the proposals and associated mitigation measures of that phase.

Each application for Reserved Matters approval that includes such accommodation shall include details of the proposed methods for achieving this design standard. Thereafter the approved details shall be implemented before the relevant residential units are first occupied.

In the interests of the amenities of future occupiers of the residential accommodation.

57 Unless otherwise agreed in writing by the Local Planning Authority prior to occupation of any buildings a scheme shall be submitted to and approved by the Local Planning Authority for the provision of an electric charging point, parking permit schemes based on vehicle emissions, priority parking for low emission vehicles and low emission travel incentives for employees.

In order to compensate for the detrimental impact the proposal will have on air quality.

58 Unless otherwise agreed in writing by the Local Planning Authority, the first 67,500 sq. m of B1 (a) and (b) floorspace and the first (250 dwellings) shall be designed to achieve a BREEAM Excellent rating for B1 (a) or (b) floorspace (to the extent that is within the control of the applicant), CSH Level 3 rating for residential development and building carbon emissions reduced by a minimum 20% better than the Building Regulations Part

204 L2:2006. Relevant applications (or groups of related applications) for approval of Reserved Matters shall be accompanied by BREEAM, Code for Sustainable Homes Pre-Assessment Reports and carbon emission statements as appropriate which shall be submitted to and approved by the Local Planning Authority, The buildings shall subsequently be developed in accordance with the approved details.

Each subsequent application for reserved matters approval for B1 Office and/or C3 Residential Use shall be designed to achieve the above-mentioned standards a minimum. A sustainability report shall be submitted to the Local Planning Authority for approval with each subsequent application which reviews the above-mentioned standards and considers whether the sustainability measures should be enhanced in the light of relevant local, national policy and guidance at the time. The report shall include details of how the above-mentioned standards are to be achieved and of any additional sustainability enhancements as agreed. The approved details shall be implemented before t he relevant buildings are occupied.

In order to secure a sustainable development in accordance with Planning Policy Statement 1 Creating Sustainable Communities and Regional Spatial Strategy Policy YH2 and Unitary Development Plan Policy SP1.

59 Each relevant reserved matters application shall be accompanied by a report which shall be submitted to and approved by the Local Planning Authority identifying the strategy for achieving a minimum of 10% of the energy needs of the overall development by using any combination of decentralised and renewable, or low carbon energy sources and the contribution to this target made by that phase. The percentage of energy that needs to be met for each phase of development from decentralised and renewable or low carbon energy sources shall be determined at the time each reserved matters application is made taking into account local and national policy guidance and the practicality and feasibility of utilising the local decentralised and renewable, or low carbon energy sources that might be available.

Any agreed decentralised and renewable or low carbon energy sources shall have been installed before any part of the relevant phase development is occupied. Thereafter the approved measures or alternative measures that achieve the agreed percentage of renewable energy shall be retained unless otherwise agreed in writing by the Local Planning Authority.

In accordance with Regional Spatial Strategy Policy EN5 and Planning Policy Statement 1 Planning and Climate Change.

60 Each relevant reserved matters application shall be accompanied by a report which shall be submitted to and approved by the Local Planning Authority setting out the measures to incorporate rainwater harvesting in the design. Thereafter the development shall be implemented in accordance with the approved details.

205 In accordance with Regional Spatial Strategy Policy YH2 and in order to secure a sustainable development in accordance with Planning Policy Statement 1 Creating Sustainable Communiites.

61 Prior to any works commencing (save for any works referred to in condition 7) on a part of the development hereby approved a scheme shall be submitted to and approved in writing by the Local Planning Authority specifying:

(a) the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works and appropriate oil interceptors to serve parking and hard standing areas; and (b) the sustainable urban drainage measures to be incorporated into the surface water drainage system; in respect of that part of the development.

In order to ensure satisfactory drainage arrangements are in place and to secure Sustainable Urban Drainage systems are provided in accordance with Planning Policy Statement 25 Development and Flood Risk.

62 Unless otherwise agreed in writing by the Local Planning Authority, no discharge of surface water from each part of the development the subject of a separate reserved matters approval shall take place until surface water and foul water drainage works, including off-site works for that part of the development, have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

1. Unless otherwise agreed in writing by the Local Planning Authority, no bored or driven piles shall be located within 10 metres of the outside edge of the 51`00 mm sewer, which crosses the site. 2. Unless otherwise agreed in writing by the Local Planning Authority, no driven piles shall be located within 10metres of the outside edge of the 5100mm sewer, which cross the site. 3. Unless otherwise agreed in writing by the Local Planning Authority no buildings or other obstruction shall be located within 10 metres of the outside edge of an access point to the 5100 mm sewer, which crosses the site. 4. Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located within 6.0 (six) metres either side of the centre line of the 1950 x 1050 sewer, which crosses the site. 5. Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located within 5 metres of the east side of the 1324mm sewer under Carbrook Street. 6. Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located within 5.0 (five) metres either side of the centre line of the 1324 mm sewer as it passed under Plot 2. 7. Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located within 4.0 (four)

206 metres either side of the centre of the 600 mm and small sewers, which cross the site.

To ensure adequate access for the maintenance of sewers.

63 Surface Water Run off from Plots 1, 2 and 5 shall be limited to 5 l/s/ha. The amount of impermeable ground within each respective plot shall not be increased until temporary or permanent drainage infrastructure (and a strategy for changing between the two as required) has been installed to meet this requirement.

In order to prevent increased surface water run off worsening flooding and in order to comply with Planning Policy Statement 25 Development and Flood Risk.

64 The total Surface Water Run off from Plot 3/4 shall be limited to 147 l/s and the run off for each reserved matters application shall be proportioned according to the proportion of the total site area occupied by each reserved matters application. The amount of impermeable ground within each respective plot shall not be increased until temporary or permanent drainage infrastructure (and a strategy for changing between the two as required) has been installed to meet this requirement.

In order to prevent increased surface water run off worsening flooding and in order to comply with Planning Policy Statement 25 Development and Flood Risk.

65 In respect of each part of the development the subject of a separate reserved matters approval, that part of the development hereby approved shall not commence until details of the risk of flooding to that part of the development and any necessary mitigation works required to compensate for such risks, which may include raised floor levels in addition to hard and soft flood defence measures, are submitted to and approved in writing by the Local Planning Authority. Unless otherwise agreed in writing by the Local Planning Authority such works shall be implemented prior to the occupation of that part of the development. The submitted details shall be in general compliance with the flood risk assessment submitted as part of application 08/02594/OUT.

In the interests of ensuring the development does not worsen flooding and in order to comply with Planning Policy Statement 25 Development and Flood Risk.

66 The finished floor levels or threshold levels to below-ground areas of all buildings within Flood Zone 2 and 3 (As shown on PBA Drawing Number 18859/126/012D titled 'River Don District Masterplan Flood Zone Map) shall be set no lower than 36.7m AOD, unless otherwise agreed in writing by the Local Planning Authority. Finished floor levels or threshold levels to below- ground areas of all buildings in Flood Zone 1 (As shown on PBA Drawing Number 18859/126/012D titled 'River Don Masterplan Flood Zone Map)

207 shall be set no lower than 35.52 metres above AOD, or 300mm above average ground level or adjacent road frontage level, whichever is higher, unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure that the development is adequately protected against flooding in accordance with Planning Policy Statement 25 Development and Flood Risk.

67 Below-ground storeys will not be permitted in Flood Zones 2 or 3 (as shown on PBA Drawing Number 18859/126/012D titled River Don District Masterplan Flood Zone Map) apart from vehicle parking and non-critical plant and storage areas and only then once flood risk mitigation measures are submitted to and agreed in writing by the Local Planning Authority.

In order to ensure that the development is adequately protected against flooding in accordance with Planning Policy Statement 25 Development and Flood Risk.

68 No development shall be commenced in Flood Zone 3 (as shown on PBA Plan titled PPS25 Flood Zones: Revision.) until the flood alleviation scheme required by Condition 69 of this permission has been constructed in accordance with a programme and details approved by the Local Planning Authority

In the interests of ensuring the development does not worsen flooding and in order to comply with Planning Policy Statement 25 ‘Development and Flood Risk.

69 No more than 67,500 sq m of B1 office floor space and 250 residential units or development of the equivalent traffic generation shall be occupied until a Flood Alleviation Scheme, in accordance with the findings of the FRA (i.e. Environmental Statement Volume 2 part 3 Appendix 8 ref 18859/104 by PBA dated May 2008) has been submitted to and agreed in writing by the Local Planning Authority and has been implemented in full accordance with the approved scheme.

In the interests of ensuring the development does not worsen flooding and in order to comply with Planning Policy Statement 25 Development and Flood Risk’.

70 In respect of each part of the development the subject of a separate reserved matters approval, no development of that part shall be begun until the Local Planning Authority has approved a Construction Environmental Management Plan (CEMP) including details of settlement facilities for the removal of suspended solids from surface water run off during construction works for that part. The approved CEMP (as may be amended by agreement in writing of the Local Planning Authority) shall be observed and complied with during the carrying out of that part.

In the interests of the amenities of the locality.

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71 The dust impact of construction, demolition and earthworks activities shall be mitigated by implementing the mitigation measures listed in section 6.1 of the Air Quality Assessment of the Environmental Statement unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

72 In respect of each part of the development the subject of a separate reserved matters approval, that part of the development hereby approved shall not commence until sub-conditions (1) to (3) have been complied with for that part of the development.

1. Site Characterisation

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

(i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: human health; property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes; adjoining land; groundwater and surface water (including controlled waters) and ecological systems ; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agencys Model Procedures for the Management of Land Contamination, CLR 11.

2. Submission of Remediation Scheme

A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures, including a protocol detailing the identification and management of unforeseen ground conditions and outlining any long term monitoring that may be required. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

3. Implementation of Approved Remediation Scheme

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The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of the relevant part of the development other than that required to carry out remediation and associated ground works, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that records the measures undertaken to implement the agreed remediation scheme must be produced, and is subject to the approval in writing of the Local Planning Authority.

In the interests of protecting the health and safety of adjoining occupiers and future occupiers of the site and preventing contamination of controlled waters.

73 A site-wide Ecology Management Plan in accordance with the mitigation compensation and enhancement measures detailed within the submitted Ecology chapter of the Environmental Statement shall be submitted to and approved in writing by the Local Planning Authority prior to any works commencing on site. The management plan shall be reviewed and updated in consultation with the Local Planning Authority as reserved matters approvals are granted and shall include details of:

up-to-date information concerning protected species on the site where required to prepare the management plan with plans for the conservation and mitigation for any potential disturbance of these species, including advice on any licence requirements as advised by Natural England; planting species, location and number including details of different habitat areas (including wetland, grassland, green walls, tree and scrub planting); maintenance and management of ecological resources across the site; bat/ bird boxes; new habitat areas for bats; the disposition, management and maintenance of green and or brown roofs; details for an otter holt; and the provision of nest and overwintering boxes for invertebrates.

In the interests of mitigating the ecological impact of the development accordance with Unitary Development Plan Policy GE10 and Planning Policy Statement 9 Biodiversity and Geological Conservation

74 Each reserved matters application shall be accompanied by a waste and recycling storage plan, including details of recycling facilities for those items not currently collected at source such as glass and plastic, identifying the facilities to be provided to serve that phase of the development. Thereafter waste and recycling facilities shall be provided in accordance with the approved details before the relevant buildings are occupied, unless otherwise agreed in writing by the Local Planmning Authority.

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To ensure that the development provides adequate facilities for waste collection and promotes recycling in accordance with the Councils sustainability guidance.

75 Prior to development commencing on any part of the site containing Japanese Knotweed measures for the removal and eradication of Japanese Knotweed on that part of the site shall be submitted to and approved by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details and management measures.

In the interests of the amenities of the locality.

Attention is drawn to the following directives:

1. As the proposed development will involve the closing/diversion of a highway(s) you are advised to contact the Principal Engineer of Highway Information and Orders, Development Services, Howden House, 1 Union Street, Sheffield, S1 2SH, as soon as possible.

2. To ensure that the road and/or footpaths on this development are constructed in accordance with the approved plans and specifications, the work will be inspected by representatives of the City Council. An inspection fee will be payable on commencement of the works. The fee is based on the rates used by the City Council, under the Advance Payments Code of the Highways Act 1980.

If you require any further information please contact Mr S A Turner on Sheffield (0114) 2734383.

3. The applicant is advised to contact the Council's Development Services, Land Drainage Group, 2-10 Carbrook Hall Road, Sheffield, S9 2DB (Telephone Sheffield 2735847) to seek approval for the proposed drainage arrangements, as soon as possible, prior to the commencement of development.

4. 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.

5. At the reserved matters stage it will be expected that each application for housing should achieve the following standards in terms of daylight and sunlight.

A minimum of 30% of the average daylight factor at the back of 90% of habitable rooms (known as 0.3 uniformity factor).

211 And an average daylight factor of up to 5% wherever possible and certainly no less than 3% in 90% of all habitable rooms. All habitable rooms to achieve a minimum average daylight factor of 2% for kitchens, 1.5% for living rooms and 1% for bedrooms.

The Environment Agency would expect the Flood Alleviation Scheme to be designed in general accordance with the details given in the agreed Flood Risk Assessment drawing numbers 18859/126/101/B and 18859/126/006/F, and as described in the Environmental Statement Vole 2 part 3 pages 24. In summary it should comprise of raising the footpath at Weir Head, lowering 5 Weirs Walk to act as a two stage channel, and increased conveyance past Brightside Bridge and downstream of Weedon Street.

PPS25 clearly states it is the applicant’s responsibility to ensure that the site can be developed and occupied safely. It is their responsibility to ensure the validity of the flood risk assessment upon the commencement of development.

The applicant should be reminded that there will always be a residual risk of flooding in the area if flood defences are breached or overtopped.

The otter is protected under the Wildlife and Countryside Act 1981 and that it is an offence to damage, destroy or obstruct access to their place of shelter or protection or to disturb the animal whilst occupying such a place. Otters also receive protection under the Conservation Regulations 1994. This European protection means that a licence is usually required for any activity that is likely to result in disturbance of killing of otters or damage to their habitat.

The Environment Agency would expect the Ecology Management Plan to include proposals for the following:

- to improve riverside habitat for otters, along with strategic tree and scrub planting to increase cover

- to promote access to the riverside whilst safeguarding specific areas where public access is discouraged in the interests of habitat creation

- to detail the location of the wetland and its detailed design. Where practicable a “wildlife corridor” should be provided to link the new habitat to the riverside habitat. The habitat must be designed to maximise its biodiversity potential and plant species must be native and of known local provenance. We recommend that the applicant refers to ‘The Pond Book - A guide to the Management and Creation of Ponds’ published by Pond Conservation.

The Environment Agency have advised that they have no records of any landfilling on the site, however, some wastes generated by historical activities may have been tipped on the site. You are advised to satisfy

212 yourselves that gas, as detailed in the gas monitoring results, will not pose an unacceptable risk to human health.

The Local Planning Authority consider the provision of office accommodation on the Carbrook Street frontage of Plot 1 as shown on the indicative layout is necessary to provide an attractive and active street frontage. The noise climate and outlook across the Howco service yard is unsuitable for residential accommodation to be sited in this location and no evidence has been submitted to demonstrate that the noise climate can be made acceptable for residential properties adjoining this frontage in the absence of an office building noise buffer.

Due to the substantial regenerative benefits of this scheme the Council accepts that for the purpose of application of the 2006 Affordable Housing Interim Planning Guidance both abnormal and normal costs, across the development as a whole can be taken into account, including the proposed flood alleviation works, when assessing whether the level of affordable housing provision can be relaxed.

Site Location

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FOR REPORT SEE COPY E ON THIS AGENDA

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Case Number 08/02555/FUL

Application Type A Full Planning Application

Proposal Erection of 8 apartments in 1 x 3.5 storey block (amended resubmission of application 06/01760/FUL) (amendments received 16/07/2008, 23/09/2008 and 07/11/2008)

Location Site Of 301 Brincliffe Edge Road Sheffield S11 9DA

Date Received 12/05/2008

Team SOUTH

Applicant/Agent DLP Planning Ltd

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the proposed development would constitute an overdevelopment of a site of restricted dimensions which would result in insufficient amenity space and an unsatisfactory environment for the occupiers of the proposed dwellings. This would be contrary to Policy H14 of the Unitary Development Plan.

2 The proposed development does not include suitable and sufficient car parking accommodation within the site and the Local Planning Authority consider that, in the absence of such car parking accommodation, the proposed development could lead to an increase in on-street parking in the vicinity of the site, which would be detrimental to the safety of road users and, as such, is contrary to Unitary Development Plan Policies H5 and H14.

215 Site Location

LOCATION AND PROPOSAL

The application site is located approximately 3.5km southwest of Sheffield City Centre in a wholly residential area that as designated as a Housing Area in the Sheffield Unitary Development Plan (UDP).

At present the site comprises a brick built three-storey detached dwellinghouse with integral garage and sufficient hardstanding for the external parking of at least two vehicles. The site steeply slopes down from Brincliffe Edge Road so that the existing dwelling appears one and a half storeys when viewed from this road and a full three storeys when viewed from the rear. The vehicle access to the site is from Bannerdale Close and there is a pedestrian access from Brincliffe Edge Road.

There are several mature trees within the site that are protected by TPOs and several highway trees along Brincliffe Edge Road that are immediately adjacent to

216 the front boundary of the site. A row of mature screening evergreen trees exists along the southwest and west boundaries with Numbers 292 to 298 Bannerdale Road and also the southeast boundary with Bannerdale View.

Permission is sought for the erection of a three and a half storey block comprising eight apartments. Four of the apartments have one bedroom and the remaining four have two bedrooms.

It is proposed to provide nine parking bays within the site, one of which will be a disabled space. A bin storage area is proposed adjacent to the vehicular access from Bannerdale Close. The pedestrian access from Brincliffe Edge Road is to be relocated further to the west and a new set of steps are proposed from this access point down the side of the new building. A suspended timber deck is to be constructed to the west side of the new steps adjacent to the boundary with Brincliffe Edge Road to provide a level external seating area.

RELEVANT PLANNING HISTORY

91/01198/OUT: Erection of a bungalow with utility room under. REFUSED.

This application was refused as the proposed development was considered to constitute an overdevelopment of the site and be overbearing and result in overlooking to nearby residential properties. It was also considered that a satisfactory means of access with adequate parking and turning facilities could not be provided within the site.

06/01760/FUL: Erection of 8 apartments in 1 x 3-storey block. REFUSED.

This application was refused due to the potential loss of mature trees to the detriment of visual amenity; that it would unacceptably threaten the privacy of neighbouring properties; and that the proposal did not provide suitable or sufficient parking facilities within the site. It was also considered that the ground floor apartments had insufficient residential amenity by virtue of the close proximity of retaining walls and car parking.

SUMMARY OF REPRESENTATIONS

There have been 42 representations (excluding multiple responses) received regarding this application objecting on the following grounds:

- No significant changes to address previous objections or reasons for refusal - Inadequate on site parking provision - Already pressure on on-street parking on Bannerdale Close where few flats have off-street parking facilities. This would be exacerbated by the proposal - Vehicles already mount the pavement to pass and park and this obstructs and endangers pedestrians - Bannerdale Close is a narrow highway where fire, ambulance and refuse vehicles have problems accessing and turning - made worse by on-street parking - Lack of visitor parking

217 - Flaunts the recommended number of disabled parking spaces - Pedestrian access and address from Brincliffe Edge Road may lead to visitors parking on this highway which is ‘unsuitable for heavy vehicles’ and already has high levels of on-street parking due to the lack of off-street parking for all dwellings along this road - Refuse collection would be extremely hazardous - Out of character and does not reflect other buildings in the area - Out of scale with surrounding properties - Overlooking from the informal amenity space and associated loss of privacy - Overlooking from the apartments and associated loss of privacy - Noise and disturbance during construction - Damage to root systems of mature trees, wildlife and habitats - Damage to the roots of a highway tree (sweet chestnut) through excavation to construct the bike store - Negative impact on the environment and local ecology - Design does nothing to raise the standards of urban design - Proposed block is of no architectural merit - No proposed re-use of materials and energy loss would be significant thus doing nothing to assist the Council’s contribution to cutting CO2 emissions - Unnecessary demolition of a perfectly serviceable house - Reduction in green space - Increased hardstanding would increase run-off and put pressure on drains - No ‘green’ features to deal with the low carbon expectations of the Government or the sustainability agenda - Would have been desirable to see details of external clothes drying; site maintenance; means of fire escape; surface and foul water drainage - 24 hour access required to the sub station adjacent to the site - Plenty of small dwellings in the area therefore proposal does not enhance the housing mix in the area - Detrimentally affects the setting of the Nether Edge Conservation Area - Overdevelopment - Insufficient residential amenity - Relocated bin store reduces the space available for parking - New drying area will involve removal of mature trees marked as self-seeded on the revised plans. They should be protected whether self-seeded or not as are characteristic of the site and area - Flats on Bannerdale View are proving difficult to sell - Site not suitable for multiple occupation - Revisions do not take account of objections - Tree canopy not to scale, much larger than shown - Trees/bushes already cleared to the detriment of neighbouring privacy

Cllr Qadar objects to the proposal on the following grounds:

- Adverse affect on traffic and parking on the surrounding highways - Noise during construction - Four storeys is out of keeping with the area - Loss of privacy - Direct or indirect impact on trees

218 Cllr White objects to the proposal on the following grounds:

- Loss of trees - Increased volume of traffic on narrow roads - Increased pressure on parking, which will mean that existing residents may have to park further from their homes and will cause problems for the elderly and those with young children - Loss of privacy - Difficulty for refuse collection - ?Block of 8 flats is not in keeping with the rest of the houses in the area

Cllr France objects to the proposal on the following grounds:

- This application does nothing to ameliorate the previous reasons for the refusal of application 06/01760/FUL - Impact on traffic - Parking - Loss of privacy - Impact on visual amenity - Noise and disturbance during construction - Loss of green infrastructure - Out of character with the area - Building of little architectural merit - Difficulty for refuse collection

PLANNING ASSESSMENT

Policy

As the proposal site is located in a Housing Area and relates to the provision of flats it is subject to UDP Policies H5 ‘Flats, Bed-sitters and Shared Housing’, H7 ‘Mobility Housing’, H10 ‘Development in Housing Areas’, and H14 ‘Conditions on Development in Housing Areas’. These policies state the following:

‘Planning permission will be granted for the creation of flats, bed-sitters and the multiple sharing of houses only if: a) a concentration of these uses would not cause serious nuisance to existing residents; and b) living conditions would be satisfactory for occupants of the accommodation and for their immediate neighbours; and c) there would be appropriate off-street car parking for the needs of the people living there’

‘In all new or refurbished housing the provision of a proportion of mobility housing to meet local need, will be encouraged except where the physical characteristics of a site or existing buildings make it impracticable’

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A proportion is defined as a minimum of 25%.

Policy H10 states that Housing is the preferred use in Housing Areas.

H14

‘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; and g) it would comply with Policies for the Built and Green Environment, as appropriate; and h) it would comply with Policies H16, LR8 and T28’

Policy BE5 ‘Building Design and Siting’ applies to this development. This states that:

BE5

‘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. 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’

Policies GE11 ‘Nature Conservation and Development’ and aspects of GE15 ‘Trees and Woodland’ are also applicable. These state that:

GE11 ‘The natural environment will be protected and enhanced. The design, siting and landscaping of development should respect and promote nature conservation and include measures to reduce any potentially harmful effects of development on natural features of value’

GE15 ‘Trees and woodland will be encouraged and protected by: b) requiring developers to retain mature trees, copses and hedgerows, wherever possible, and replace any trees which are lost’

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Design

There are a variety of building types in the area surrounding the proposal site with no prevailing architectural style or dwelling form. Along Brincliffe Edge Road and Bannerdale Road there is a mix of detached and semi-detached two-storey dwellings and detached bungalows. Properties on Bannerdale Close and Bannerdale View are a range of flats and maisonettes in two and three storey blocks.

The palette of materials employed in the construction of the dwellings in the vicinity of the proposal site also varies. These include a range of different colour bricks, render and stone for the facing materials, with concrete and slate roof tiles.

The existing dwelling within the site is well screened from the adjacent highways by mature boundary hedges and trees. There is a line of dense evergreen trees along the south and west boundaries of approximately 5 metres in height and a line of approximately 4 metre high trees/hedging along the east boundary with Bannerdale Close. A mature hedge of approximately 1.5 metres in height marks the north boundary with Brincliffe Edge Road. The combination of the mature boundary vegetation and the steep fall in land levels from Brincliffe Edge Road to the southern boundary of the site ensures that the existing dwelling is well screened from the surrounding area.

The proposed apartment block would not significantly increase the footprint of the existing three-storey dwellinghouse and would be marginally lower by virtue of the flat topped roof and finished ground floor level approximately 1 metre below the existing. The overall mass of the building would be increased. However, the overall length of the front and side elevations does not significantly differ. Thus the impact of the new building on the surrounding area would be minimal.

The architecture of the proposed apartment block is not of the highest quality. However, due to the range of building styles in the surrounding area it is considered acceptable and will not appear incongruous or out of character. The minimal increase in the overall scale of the building will prevent it from appearing significantly more prominent in the adjacent streetscenes and the proposed facing and roofing materials are in keeping.

The existing mature boundary vegetation that would screen the proposed apartment block from the surrounding area has an important role in reducing its prominence in the adjacent streetscenes. Should any of this screening be lost the new structure would be significantly more visible from Brincliffe Edge Road, Bannerdale Road and Bannerdale Close, and it would have a greater impact on the visual amenity of the locality. The vegetation within the site is also integral to its green character and the character of the wider area. It is considered that careful conditions could be applied to ensure the retention of the boundary vegetation and replacement of any poor quality or damaged specimens to lessen the impact of the development on the adjacent streetscenes and retain the strong green character of the site.

221 Trees

Various amendments have been made to the proposed development to limit its impact on the protected trees within the site, the highway trees along Brincliffe Edge Road and the mature screening evergreen trees along the southern boundary. This involves leaving the land level within the site adjacent to the trees in its existing form to minimise disturbance to root systems and removing the retaining walls beneath the raised sitting area to protect the highway sweet chestnut along Brincliffe Edge Road. The existing retaining wall features in the north section of the site adjacent to the front elevation of the existing dwelling are to be left to minimise disturbance to the root systems of the protected trees.

An eco-web system, or similar, is proposed for the parking area immediately adjacent to the evergreen trees that mark the southern boundary. This will allow water to permeate to the tree roots and will also limit surface water run off from the site. As well as retaining the green character of this section of the site.

The revisions to the scheme are considered to successfully minimise the impact of the development on the trees in and around the site, and this previous reason for the refusal is no longer applicable.

Neighbouring Amenity

The internal layout of the new building has been designed so that the hierarchy of use relating to windows is closely related to that of the existing house. The principal difference relates to windows serving the second floor. In the case of the former the existing elevation has bedroom windows at second floor level and these would be replaced by living room windows in the new development. There is a clear difference in the likely intensity of use for these windows and the subsequent implications for overlooking.

The separation distance from these windows to the closest property on Bannerdale Road would be approximately 23 metres, which is in excess of good planning practice guidelines as outlined in Supplementary Planning Guidance. There is also an intervening belt of evergreen trees rising to a height of approximately 6 metres.

It is considered that, despite the fall in level from the proposal site to the dwellinghouses along Bannerdale Road and the elevated position of the second floor windows, that the separation distance is adequate to prevent significant overlooking of these neighbouring properties.

Windows in the north elevation of the proposed apartment building would achieve a separation distance to main aspect windows in properties on the opposite side of Brincliffe Edge Road of approximately 19.5 metres. This represents a shortfall of approximately 1.5 metres when compared to Supplementary Planning Guidance. However, the buildings would be separated by the public highway and several mature highway trees and as such this limited shortfall is not considered an adequate reason for refusal in its own right.

222 It is not considered that the positioning of any windows in the new structure would significantly overlook the nearest properties on Bannerdale Close.

A previous reason for the refusal of application 06/01760/FUL was the potential overlooking from the woodland walk that was located in the northeast section of the site to the rear of 14 to 24 Bannerdale Close. The woodland walk has been removed and the area to the rear of these neighbouring dwellings is to be left in its current form. This section of the site is steeply sloping and provides little in the way of useable external amenity space. Therefore, despite the intensified use of the site as a whole given the potential increase in occupants it is not considered that this area of the site will be used substantially more than at present. As such the proposal will not adversely affect the privacy of numbers 14 to 24 Bannerdale Close and it is considered that this reason for refusal has been fully addressed.

The orientation of the proposal, the separation distances to neighbouring dwellings and the negligible difference in overall massing compared to the existing dwelling limit any overbearing and overshadowing to a level whereby a reason for refusal on these grounds alone could not be sustained.

Amenity of Future Occupants

The ground floor apartments have been revised from the previously refused scheme so that they are now one bedroom rather than the previously proposed two. Application 06/01760/FUL was refused due to the poor outlook and lack of natural light to the ground floor flats due to the close proximity of main windows to a retaining wall and the car parking areas. The window that was most affected was the north facing window to the second bedroom. As this bedroom has been removed from the scheme there is no need for the window or associated light well and the retaining wall has subsequently been removed.

The ground floor apartments now have windows that face south and to the sides over the drying and car parking areas. The outlook from these windows is not ideal. However, they would all receive adequate natural light and the outlook alone is not deemed sufficient grounds to warrant a planning refusal in this instance.

Due to the sloping nature of the site there is little useable external amenity space. To address this issue a raised timber deck is proposed to provide a level seating area for the future occupants. This deck does provide a small area of useable external space. However, it is located in a corner of the site, away from the building itself and up numerous steps. The decking would not be accessible for wheelchair users or the ambulant disabled. Furthermore, due to the distance from the main entrance and steps up it does not provide easy access for other future residents.

Parking

UDP guidelines for on site car parking provision specify that one space should be provided for each flat with a further space per four flats for visitors. Therefore, ten spaces would be required to serve the eight apartments. The proposal indicates nine spaces, including one disabled parking bay.

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One of the reasons for the refusal of application 06/01760/FUL was insufficient parking provision. The number of parking bays has not altered from this previous application. However, minor changes have been made in an attempt to improve the usability of the bays, including the relocation of the disabled parking space closer to the main entrance and on more level ground.

Due to the constrained size of the site and it’s steeply sloping topography there is limited scope to significantly alter the parking arrangement. Concerns remain about the usability of at least one of the bays and it is considered that several more would prove difficult to manoeuvre in and out of. Therefore, although there is only a theoretical shortfall of one parking bay, in reality the difficulty of manoeuvring in and out of several other bays may render them unusable. This would displace vehicles onto the surrounding highways, which already suffer from high levels of on-street parking to the detriment of traffic and pedestrian safety.

The proposed on-site parking provision represents a shortfall when compared to UDP requirements. Government guidance in the form of revised PPG 13 indicates that greater flexibility should be employed in the application of such guidelines. However, the proposal site is located in an area of high car ownership that is not considered to be highly sustainable given the distance to public transport and local amenities.

In light of the above, it is considered that there is no justification to allow a development that falls short of the required parking provision. As such the proposal is deemed contrary to UDP Policies H5 and H14 due to insufficient parking provision.

SUMMARY AND RECOMMENDATION

Alterations have been made to the scheme from the 2006 application in an attempt to address the previous reasons for refusal. It is considered that several of the reasons have been successfully addressed. However, the major issue with the proposed development was and continues to be the number of flats relative to the number of parking spaces. The proposed parking provision is insufficient for the number of apartments in this particular location. As such the proposal is contrary to UDP Policies H5 and H14.

It is considered that the small area of useable external amenity space, when considered with the ratio of parking bays to apartments, indicates an overdevelopment of the site contrary to UDP Policy H14.

The proposal is contrary to UDP Policies H5 and H14 and is therefore recommended for refusal.

224

Case Number 08/01563/LBC

Application Type Listed Building Consent Application

Proposal Change of use of lower 3 floors of building to form 15 apartments to be added to 5 existing appartments within upper floor (20 apartments in total) and external alterations

Location Sheaf Quay 1 North Quay Drive Victoria Quays Sheffield S2 5SW

Date Received 18/03/2008

Team CITY CENTRE AND EAST

Applicant/Agent Cordonier Escafeld

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 Planning (Listed Buildings and Conservation Areas) Regulations 1990.

2 Before any unit is occupied the extension on the west elevation shall have been removed and the gable wall made good.

In order to protect the character of the original building.

3 Before any works in relation to the preceding condition commence full details of remedial works to be undertaken to this the gable wall shall have been submitted to and approved in writing by the Local Planning Authority.

In order to protect the character of the original building.

4 Notwithstanding the hereby approved plans the proposed partition walls between the bedroom and living room within apartment 1.2 (first floor) & 2.2 (second floor) are not approved and before development commences revised details, which should ensure the partition walls do not split the windows, shall have been submitted to and approved in writing by the Local

225 Planning Authority. The development shall be carried out in accordance with these details thereafter.

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

5 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.

6 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.

7 A sample panel of the proposed masonry shall be erected on the site for both the walled garden and the building 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 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 an appropriate quality of development.

9 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 an appropriate quality of development.

10 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 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.

226 In order to ensure an appropriate quality of development.

11 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.

12 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.

13 The details, specifications and finish of the new window, including elevations and sections, shall be approved in writing by the Local Planning Authority before the commencement of development. Drawings shall be of a minimum of 1:10 scale and shall include details of proposed section sizes at a minimum of 1:1 scale. Thereafter the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

14 Details, specifications and finishes of all new external doors, including frame section sizes, reveal depths and any mouldings, architraves or other surrounds at a minimum of 1:10 shall be approved in writing by the Local planning Authority before the development commences. Thereafter, the new doors shall be installed in accordance with the approved details.

In order to ensure an appropriate quality of development.

15 Details of the new internal ground floor structure and its abutment with the existing building structure shall be approved in writing by the Local Planning Authority before the development commences.

In order to ensure an appropriate quality of development.

16 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.

17 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

227 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.

18 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.

19 Before the development commences, details of proposals for the repair, alteration or concealment of existing signs 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.

228 Site Location

FOR REPORT SEE 08/01562/FUL

229

Case Number 08/01562/FUL

Application Type A Full Planning Application

Proposal Change of use of lower 3 floors of building to form 15 apartments to be added to 5 existing appartments within upper floor (20 apartments in total) and external alterations (amended plans dated 25th November 2008)

Location Sheaf Quay 1 North Quay Drive Victoria Quays Sheffield S2 5SW

Date Received 18/03/2008

Team CITY CENTRE AND EAST

Applicant/Agent Cordonier Escafeld

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 any unit is occupied the extension on the west elevation shall have been removed and the gable wall made good.

In order to protect the character of the original building.

4 Notwithstanding the hereby approved plans the area shown as grassed in front of the southern elevation is not approved and before development commences revised details of a treatment to this space shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with these details thereafter.

230

In order to ensure an appropriate quality of development.

5 Notwithstanding the hereby approved plans the proposed partition walls between the bedroom and living room within apartment 1.2 (first floor) & 2.2 (second floor) are not approved and before development commences revised details, which should ensure the partition walls do not split the windows, shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with these details thereafter.

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

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 the development is occupied the bin storage, cycle parking and walled garden shown on the approved plans shall have been provided in accordance with those plans. These facilities shall thereafter be retained.

In the interests of the amenities of the locality and occupiers of the proposed dwellings.

8 Before the development is brought into use the car parking as shown on the approved plans shall have been provided in accordance with those plans. Thereafter such car parking accommodation shall be retained for the sole purpose intended.

In the interests of the amenities of the locality and occupiers of the proposed dwellings.

9 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.

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

231 In order to ensure an appropriate quality of development.

11 A sample panel of the proposed masonry shall be erected on the site for both the walled garden and the building 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.

12 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 an appropriate quality of development.

13 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 an appropriate quality of development.

14 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 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.

15 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.

16 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.

232 17 The details, specifications and finish of the new window, including elevations and sections, shall be approved in writing by the Local Planning Authority before the commencement of development. Drawings shall be of a minimum of 1:10 scale and shall include details of proposed section sizes at a minimum of 1:1 scale. Thereafter the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

18 Details, specifications and finishes of all new external doors, including frame section sizes, reveal depths and any mouldings, architraves or other surrounds at a minimum of 1:10 shall be approved in writing by the Local planning Authority before the development commences. Thereafter, the new doors shall be installed in accordance with the approved details.

In order to ensure an appropriate quality of development.

19 Details of the new internal ground floor structure and its abutment with the existing building structure shall be approved in writing by the Local Planning Authority before the development commences.

In order to ensure an appropriate quality of development.

20 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.

21 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.

22 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.

23 Before the development commences, details of proposals for the repair, alteration or concealment of existing signs shall have been approved in

233 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.

24 Before development is commenced, full details, including floor plans at a scale of not less than 1:50 demonstrating that a minimum of 25% of the residential units meet Mobility Housing standards, as set out in the Supplementary Planning Guidance 'Mobility Housing' shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with approved details.

In order to ensure that the development incorporates an appropriate proportion of accommodation that is easily adaptable for use by disabled persons.

25 Level access shall be provided to the main entrances on the north and west elevations.

To ensure ease of access and facilities for disabled persons at all times.

26 Before the development is commenced, 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.

27 Before the development is occupied any glazing that leaves the new finished ground floor levels exposed shall be obscured.

In order to ensure an appropriate quality of development.

28 The development shall be carried out in accordance with the recommendations and conclusions of the Capita Symonds Ltd Noise Report (Ref. ZACY/CS029113/Report01REV01) as amended November 2008.

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

29 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,

234 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 locality and occupiers of adjoining property.

Attention is drawn to the following justifications:

MU10 - Victoria Quays Mixed Use Area MU11 - Conditions on Development in Mixed Use Area BE19 - Development affecting Listed Buildings

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

235 Site Location

LOCATION AND PROPOSAL

The application relates to the Grade II Listed Sheaf Works (also known as Sheaf Quay). The building was constructed in 1823 and formed the principle office and headquarters for the historic and substantial Sheaf Works complex. This complex was founded by William Greaves in the 1820s to make cutlery, steel and edge tools and marked a significant step in the creation of Sheffield’s industrial east end.

The building itself is extremely grand, constructed in a Classical Revival style. The structure is 4 storeys in height and erected largely out of stone with a hipped roof, which is hidden behind a parapet. The building has a high proportion of glazing, which, added to a central gable feature, helps create a strong symmetry to the elevations.

A rather unfortunate extension was granted to the west elevation of the building in the 1990s. With the benefit of hindsight this largely rendered feature is not

236 considered to be a sympathetic, nor welcome, addition to the listed building. It is proposed to remove this feature as part of the erection of a new office development adjacent to the site, which is discussed in more detail below.

The building itself is located within the Canal Basin to the northeast of Victoria Quays. To the immediate north of the application site is part of the ring road, which is set on a higher level than the application site and is screened by a high boundary wall.

The entire site is located within Flood Zone Two within the Sheffield Unitary Development Plan (UDP). The UDP also identifies the building as being within a Mixed Use Area and within the outer & middle zones of a Hazardous Substance Installation Area.

The lower three floors of the building are currently occupied by a call centre, whilst the upper floor is currently in use as 5 apartments.

It is proposed to convert the lower three floor into 15 one bedroom apartments. The proposal also includes the erection of a walled garden, the removal of the extension, several minor external alterations and parking.

BACKGROUND

Consent was granted to erect a four storey office building to the immediate west of the existing listed building in October 2007 (06/00368/FUL). This consent was granted to allow the commercial occupiers of Sheaf Works to vacate the building and move into purpose built premises. As part of the plan it is intended to remove the side extension and convert Sheaf Works entirely into residential use.

In order to ensure the removal of the side extension, the Heads of Terms for the 2006 application required the removal of the extension and reinstatement of the gable wall within twelve months of the new office building being occupied.

RELEVANT PLANNING HISTORY

The building was granted permission to become a public house in 1995 (95/02751/FUL).

Consent was granted for the lower three floors of the building to be used as offices in 2001.

Consent was granted to erect a four storey office building to the immediate west of the existing building in October 2007 (06/00368/FUL).

REPRESENTATIONS

English Heritage

237 They recorded that this application should be determined in accordance with national and local policy guidance, and on the basis of your specialist conservation advice.

PLANNING ASSESSMENT

Policy

The site is located within the Victoria Quays Mixed Use Area. Policy MU10: Victoria Quays Mixed Use Area states that Housing (C3) is an acceptable land use.

Policy MU11: Conditions on Development in Mixed Use Areas sets out several conditions that should be met for development to be considered acceptable. The more pertinent conditions, in relation to this development, state that new development or change of use will be permitted provided that it would:

- Preserve or create variety in the character of the neighbourhood and not result in any one use dominating and leading to the loss of the areas character.

- Not cause visitors in any housing or similar uses to suffer from unacceptable living conditions, including air pollution, noise, other nuisance or risk to health and safety.

- Provide where appropriate an environmental buffer.

- Be adequately served by transport facilities, provide safe access to the highway network and be adequately served by public transport.

Policy BE19: Development Affecting Listed Buildings is a relevant consideration. BE19 states that proposals to change the use of listed buildings will be expected to preserve the character of the building.

Impact on Listed Building

Regrettably as part of the building’s conversion into a public house the interior was gutted, removing any details of note. In this regard the applicant has scope to produce a layout that suits the needs of the development without causing further detriment to the building. It is noted that there are two instances when it is proposed that a new internal wall would cut across a window opening, this is not accepted and will be amended through the imposition of a planning condition should consent be forthcoming.

There is a requirement from the Environment Agency to increase the internal floor levels by 500mm to reduce damage during any future flooding events. Although this is not ideal, given the internal alterations already evident, it is considered that the building can accommodate this alteration without causing serious detriment to its special character. A condition will be attached to any consent obscuring any ground floor glazing panels that would expose this new internal floor level.

238 The impact of the development on the external appearance of the listed building is considered to be wholly positive. The removal of the extension, which detracts from the appearance of the listed building, can only be regarded as a benefit. Any new openings and the walled garden will be of a quality to compliment the building, which will be secured through conditions.

It is therefore considered that the alterations will suitably preserve, and in the case of removing the extension, significantly enhance, the character of the listed building.

Vitality of the Mixed Use Area

There is only a limited amount of residential development within the immediate vicinity, as well as the wider area. It is considered therefore that the introduction of 15 further units would aid in the creation of variety in the character of the area and not result in any one use dominating. Indeed, further residential use will help support the existing commercial premises already in the locality.

Flooding

There is at present an objection from the Environment Agency (EA) in respect of the application. This objection centres on evacuation plans and the agreement from the City Council to include the new residents in the Community Risk Register. The EA is currently considering a revised Flood Risk Assessment and the outcome will be presented to Members at the Area Board meeting. It is noted that this site did not flood in the June 2007 event.

Access

The two main entrance doors will be level and there is mobility compliant parking. Further to this, a condition will be attached to any consent to ensure 25% of the new units are mobility compliant or easily adaptable in the future.

Affordable Housing

The scheme was submitted before the most recently adopted Affordable Housing Guidance (2008) was introduced. As such, owing to the fact that only 15 new units are to be created, the development falls beneath the relevant thresholds within the previous guidance (2006); therefore no affordable housing requirement is sought in this instance.

Sustainability

It is considered that the addition of renewable energy features such as wind turbines or solar panels are not complimentary to the building, given its listed status. The applicant has also confirmed that, owing to the location of the building and the relatively small scale of development, it would not be feasible to link into to the City District Heating System.

239 In this instance therefore, it is not deemed feasible or viable for the development to provide renewable or decentralised sources of energy.

Highways

The proposal includes 26 parking spaces that are to be split between the residential units and the future office development. The exact details of this split have not been finalised, but it is anticipated that some of the spaces utilised by the offices in the day will be used by residents in the evening.

Given the location of the site, within the city centre boundary, it is not considered essential to condition further details of this strategy, as the future residents will be able to access various modes of public transport and have easy access to amenities.

Amenities of Future Residents

Future residents will be provided with suitable outlook and light to all habitable rooms.

A Noise Report has been submitted as part of the application and officers are confident that a suitable noise environment can be accommodated, which is aided by a high boundary wall screening the development from the ring road.

The future residents will be afforded a significant amount of outside amenity space, which is a real benefit in this city centre location.

Hazardous Substance Installation

The site is within the outer & middle zone of a Hazardous Substance Installation Area. Having completed the relevant details, the Health and Safety Executive’s standard advice is not to object to the proposals in this instance.

Open Space

Policy H16 of the Unitary Development Plan requires the developer to make a contribution to the improvement of recreation space in the locality, in line with details set out in the Supplementary Planning Guidance on Open Space Provision in New Housing Development.

The financial contribution for the site amounts to £13,980.00 for the provision of open space within the catchment area, which would be utilised following consultation with the relevant area panel.

SUMMARY AND RECOMMENDATION

Residential development is considered to be an acceptable land use within this area, as stated within the Sheffield Unitary Development Plan. Further to this, the addition of further residential units would add variety in the character of uses within the area and aid in supporting local businesses.

240

The important internal features of the listed building have been removed owing to previous unsympathetic conversions. This proposal will vastly improve the external appearance of the building by removing an unfortunate extension on the western elevation.

A condition will be attached to any consent, should it be forthcoming, to ensure suitable mobility compliant facilities are provided.

The development falls beneath the thresholds within the relevant 2006 Affordable Housing Guidance, therefore no affordable housing requirement is sought in this instance.

Future residents will be afforded suitable living conditions, which will include outside amenity space.

The proposal is within the city centre, and, as such, there are various modes of public transport within the vicinity and the residents have easy access to amenities.

There is at present an Environment Agency (EA) objection in relation to evacuation protocol. The EA is considering a revised Flood Risk Assessment and the outcome will be presented to Members at the Area Board meeting.

The application is recommended for conditional approval subject to a Planning Obligation under Section 106 with the following Heads of Terms:

Heads of Terms

1. The Owner shall pay to the Council upon the commencement of the development the sum of £13,980.00 to be used for the provision of open space in the locality of the site.

In the event that a satisfactory S106 planning obligation covering the Heads of Terms set out in the preceding paragraph is not concluded before 22 December 2008 (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

241

Case Number 00/00689/FUL

Application Type A Full Planning Application

Proposal Erection of 10 dwellinghouses with garages

Location Land Adjoining Meetinghouse Croft Sheffield

Date Received 08/12/2000

Team CITY CENTRE AND EAST

Applicant/Agent Chris Carr Associates

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 proposed facing materials shall match the facing materials to the existing building.

In the interests of the visual amenities of the locality.

3 The development shall not be begun until improvements consisting of traffic regulation orders at the junction of Meetinghouse Lane/ Meetinghouse Croft/Beighton Road are either: a) implemented, or b) arrangements are in place to ensure they are implemented before the dwellings are occupied.

In the interests of traffic safety.

4 The gradient of the new access road and the first 10m of the shared private drives shall not exceed 1 in 20. The gradient of the shared private drives thereafter and the private drives shall not exceed 1 in 12.

In the interests of traffic safety.

5 The 5.0 m wide sections of the private drive shall be constructed to take vehicle loadings of 12.5 tonnes.

To ensure adequate access for emerging vehicles.

242

6 Before any work on site is commenced, a landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The scheme shall be carried out to the satisfaction of the Local Planning Authority by the end of the first planting season following the first occupation of the dwellings and 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 to the satisfaction of the Local Planning Authority.

In the interests of the amenities of the locality.

7 The existing trees, shrubs or hedges within the site of the development, other than those indicated for removal on the plans, shall not be destroyed or otherwise removed and no trees shall be lopped or topped, without the prior written agreement of the Local Planning Authority, but if notwithstanding this condition any tree, hedge, part of a hedge or shrub other than those indicated for removal is removed or destroyed or damaged to such a degree that in the opinion of the Local Planning Authority its removal is necessary, then a replacement shall be planted of a species and size to be approved by the Local Planning Authority prior to planting. Any such replacement shall be cultivated and maintained for 5 years and any failure within that 5 year period shall be replaced to the satisfaction of the Local Planning Authority.

In the interests of the amenities of the locality.

8 Before any work on site is commenced full details of the measures to be taken to protect the existing trees within and/or adjoining the site of the development during construction other than the those indicated for removal on the plans shall be submitted to and approved by the Local Planning Authority. These measures should include means of preventing the ground beneath the canopy of such trees being disturbed or used for storing materials of any kind.

In the interests of the amenities of the locality.

9 The above-mentioned landscaping scheme shall include proposals to fill gaps within the existing hedge adjoining the footpath along the southern boundary of the site.

In the interests of the amenities of the locality.

10 Before any development commences, full details of boundary treatments shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented before the dwellings are occupied.

In the interests of the amenities of the locality.

243 11 The first floor windows in the east facing gable of Plot 3 shall be obscure glazed.

In the interests of protecting the privacy of adjoining residents.

12 The lighting to the access road and private drive shall be designed in accordance with guidance issued by the Institute of Lighting Engineers in order to avoid disamenity by light spillage onto any nearby residential properties.

In the interests of the amenities of adjoining residential occupiers.

13 The development shall not be begun until the means of disposing of foul and surface water drainage, including any balancing of off site works, are either a) In place (details of which have been submitted to and approved by the Local Planning Authority, or b) Arrangements are in place which will ensure the works are carried out before the dwellings are occupied.

To ensure satisfactory drainage arrangements.

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 by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

16 Before the development is commenced, full details of all hard surfaced areas within the site shall have been submitted to and approved by the Local Planning Authority. Such areas shall be constructed using porous surface and sub-base materials, or shall direct surface water run off from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse unless otherwise agreed in writing by the Local Planning Authority. Thereafter the hard surfacing shall be implemented in accordance with approved details.

In order to control surface water run off from the site and mitigate against the risk of flooding.

Attention is drawn to the following justifications:

244 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 LR8 - Development in Local Open Spaces 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:

1. The applicant is advised that the scrub on the site should not be cleared during the bird breeding season (usually the beginning of March until the end of July) in order to avoid committing an offence under the Wildlife Protection Act. The applicant is also advised to carry out a specialist survey to ensure that no protected species occupy the site, particularly badgers, before any development commences.

If you require any further information please contact Mr S A Turner on Sheffield (0114) 2734383.

245 Site Location

INTRODUCTION

This scheme was originally considered by the planning board in October 2001 when members resolved to grant consent subject to the applicant entering into an agreement to secure funding of £12,550 for improvements to local open space. The original applicant went into liquidation and the legal agreement was never signed. The Council is now being asked to complete the legal agreement and issue the planning permission. Given the significant length of time since the scheme was considered the Council has taken legal advice as to whether it can consider the original application as having been abandoned. The Council’s solicitor has advised that the scheme cannot be reasonably treated as being abandoned and the Planning Authority should consider if there has been any significant change in circumstances since the original determination before signing the agreement and issuing the planning permission. In order to do this local residents have been re-consulted along with key consultees.

246

LOCATION AND PROPOSAL

The application site is heavily vegetated and surrounded by housing on three sides. The fourth side adjoins a footpath that runs between hedges (Lambcroft Lane), with the former Shirebrook Middle and First School playing field to the south and east. The site slopes from west to east by approximately 2-3m and from north to south by approximately 6m. Residential properties to the west are generally at a higher level than the site, (Meetinghouse Croft), whilst those to the east are slightly lower, (Oldale Grove).

The scheme proposes the erection of ten 3 bedroom houses, four semis and 6 detached properties. Seven of these are orientated in a west/east direction roughly along the centre line of the site. At the southern end of the site three of the dwellings have been orientated to face north/south. All of the properties are two storeys high with a pitched roof; some have been designed with integral garages whilst others have freestanding or attached garages. They are all to be faced in brickwork with roofs covered in concrete tiles. All the properties are provided with at least two off street parking spaces.

RELEVANT PLANNING HISTORY

Members resolved to grant planning permission subject to the applicant entering into a legal agreement, for the same scheme in October 2001. (Application No 00/00689/FUL, previously 9A/0157P).

SUMMARY OF REPRESENTATIONS

All the residents adjoining the application site have been reconsulted. Fourteen objections have been received two of which are from the same person. The objections are from both residents of Meeting House Croft and Oldale Grove, the majority being from residents of Meeting House Croft. The grounds of objection are summarised below.

Access Issues.

- Meeting House Croft is too narrow to cope with the extra traffic. Emergency vehicles, construction traffic and removal vehicles would have difficulty accessing the site, refuse vehicles frequently reverse up Meeting House Croft. Access is particularly difficult due to the volume of traffic on Beighton Road; the arrangement of junctions around the Beighton Road entrance, and existing on street parking associated with the nearby shops and on Meeting House Croft.

- The safety of children playing on Meeting House Croft and crossing Beighton Road to get to Brunswick School will be compromised by HGVs visiting the site.

247 - Traffic volumes and parking has increased significantly since 2001. The development will add to traffic problems in the area and this will increase the risk to pedestrians.

- On street parking is a particular problem where Meeting House Croft meets Meetinghouse Lane and Beighton Road creating obstructions for people with mobility difficulties. Some traffic restrictions should be applied in this area.

- There is insufficient space for residents to park their vehicles which will lead to problems on Meetinghouse Croft. Parking spaces will be lost on Meetinghouse Croft to create the access to the site thereby exacerbating parking problems.

- There will be increased noise and pollution from development traffic.

Amenity Issues.

- The new houses will reduce the natural light, reduce sunlight and create overlooking.

- Noise and dust during construction.

- The development will result in the loss of peace and quiet for existing residents.

- Loss of a view across the site.

- Increased noise from traffic.

Green Space and Ecology.

- This attractive green space should be protected.

- The development will result in the significant loss of habitat, wildlife and trees.

Flooding and Drainage.

- The development will potentially cause flooding on Oldale Grove as the site is higher.

- Inadequate sewage capacity exists and drainage would have to pass through existing properties.

Design.

- The style of housing in not in keeping with surrounding properties and they have been shoe-horned on the site.

248 Education.

- Brunswick School is already over subscribed.

Other Issues.

- The site might be left half developed due to the credit crunch, and become an eyesore.

- There is no shortage of housing in Woodhouse.

- Other land on Oldale Close should be built on before this site.

- Playing fields have been lost in the area since Meetinghouse Croft was constructed.

- The site has never been built on.

- Cannot understand why the City Solicitor has agreed that the planning permission has not been abandoned.

Non Planning Issues.

- The development will lower house prices.

- North Homes advised the residents that the site would never be built on.

PLANNING ASSESSMENT

As members have already resolved to grant planning consent for this development the key issue to consider is whether there have been any significant changes in circumstance since 2001, which would justify coming to a different decision. This report concentrates on any changes to circumstances and any new issues that have arisen. The original application report is attached as an appendix as this assesses all the other planning considerations.

Policy Issues.

Planning policy relevant to this site has not changed significantly since the application was previously considered by the Board. The site remains within a housing policy area where housing is the preferred use. When the application was originally considered it was assessed against the guidance concerning the development of Greenfield land and also against the guidance on the density of new housing development contained in Planning Policy Statement 3 ‘Housing’ (PPG 3), and found to be acceptable, see attached report. These considerations have not significantly changed under Planning Policy Statement 3 ‘Housing’ which as replaced PPG 3.

In terms of affordable housing the site should be assessed under the 2006 Affordable Housing Interim Planning Guidance as the 2008 policy does not take

249 effect for existing applications until the New Year. The 2006 guidance only applies to developments in urban areas on sites exceeding 1 hectare or 25 dwellings. The size of this site and the number of dwellings falls significantly below this threshold and therefore there is no affordable housing requirement.

The scheme was assessed against the Unitary Development Plan Open Space policies and found not be in recreational use as it is over grown and virtually impenetrable. This remains the case. The site’s landscape and nature conservation value was not considered to be so great that it would justify resisting development on the site. Whilst the self seeded scrub and trees have matured for a further seven years and the site has remained undisturbed over this period it is considered that the landscape and wildlife value has not changed sufficiently to justify resisting this proposal. The City Ecologist has confirmed again that she has no objections to the proposal.

Policy H16 and the associated Supplementary Planning Guidance on Open Space seeks to ensure that there is sufficient open space to meet the needs of future occupiers of the housing. When the application was originally considered the open space assessment showed that within the catchment area of the site formal open space was below the minimum guideline of 1.7-1.9 hectares per 1000 of population. Informal open space was above the minimum guideline of and 4.1-4.3 per 1000 of population. Consequently the application was granted subject to a contribution being made for improving open space in the locality in accordance with the calculator in the Supplementary Planning Guidance. Open space provision has been reassessed as part of the review and the conclusion remains the same. However the contribution has increased to take into account inflation and the revised figure is £13,493 as opposed to £12.550.

Design Issues.

The design issues were considered as part of the original application. Whilst the house designs are 7 years old they are contempory and still in keeping with the modern suburban housing that surrounds the site.

Education.

The children and Young People’s Directorate have advised that although Brunswick NIJ Primary School is full at the moment it is anticipated that numbers will decline slightly. As the application is for a small development by the time it is developed it is expected that any pupils yielded will gain a place at the School at the standard point of entry. In 2007 nearly 15% of pupils were out of the Woodhouse West NIJ catchment area.

Highway Issue.

The traffic impact, access and parking arrangements were assessed as part of the original application. The traffic impact of a development of 10 houses will not have changed significantly over the intervening period. Whilst traffic levels will have increased and there may be some small changes in on street parking it is still considered that the relatively small amount of traffic generated by 10 houses can

250 be safely accommodated on Meetinghouse Croft and the junctions adjoining the site. There is likely to be some disruption during the construction period but this will only be temporary in nature and is not sufficient reason to justify opposing the application. Emergency vehicles and refuse vehicles will have no more difficultly accessing the site than the have accessing the 20 properties already accessed off Meetinghouse Croft.

Flooding and Drainage.

The application is not in a flood risk zone and the building regulations will deal with drainage on the site. Yorkshire Water has been re-consulted to establish if there has been any change in circumstances. They have not raised any new issues and suggested the same conditions are attached as previously proposed.

Amenity Issues.

No significant new issues have been raised by residents that were not considered previously. The impact of the new houses on daylight etc has not changed since the original submission. There is no reason why noise from new housing or the associated traffic should have an unacceptable impact on amenities of existing residents. There is likely to be some noise disturbance during construction but this will be temporary and not sufficient to justify opposing the grant of planning permission. There are separate powers under the Environmental Protection Act to control noise and dust emissions during construction if this becomes a problem.

RESPONSE TO REPRESENTATIONS

One objector has argued that there is no need for housing in Woodhouse. Across the City as a whole there is need for new housing and a scheme that provides family housing is to be welcomed as many recent permissions have been for apartments. The Housing market data also shows a particular need for family housing. The applicant is not required to show a need for housing provided the development is not contrary to national and local planning policies.

There is a risk with every development that it may not be completed if economic circumstances change. If this were to result in the site being left in an unsatisfactory condition the Council has other powers to remedy the situation.

The availability of other sites is not a reason for opposing a development that is considered to be satisfactory in planning terms.

SUMMARY AND RECOMMENDATION

Whilst it is 7 years since this scheme was considered by the planning board it is concluded that there has been no significant change in circumstances since the scheme was considered. It is therefore recommended that consent is granted subject to the applicant entering into a legal agreement to secure the following Heads of Terms and subject to the listed conditions.

251 In the event that a satisfactory legal agreement covering the Heads of Terms set out below is not concluded by the 24th of December 2008, it is recommended that the application be refused for failure to secure adequate open space to meet the needs of residents.

Heads of Terms.

The applicant shall contribute the sum of £13,493 towards the enhancement of open space, within the vicinity of the site in accordance with the Supplementary Planning Guidance on Open Space.

APPENDIX - ORIGINAL OFFICER REPORT

INTRODUCTION

Members will recall that this application was deferred at the last meeting pending a visit to the site. The following report remains unaltered.

LOCATION AND PROPOSAL

The application site is overgrown and unused. It adjoins residential uses on 3 sides and a former school playing fields and the Shirebrook Valley on the 4th side. The site slopes from west to east by approximately 2-3m and from north to south by approximately 6m. Adjoining residential properties accessed from Meetinghouse Croft are generally higher than the site and those from Oldale Grove slightly lower than the site.

It is proposed to erect 10 x 3-bedroom dwellings. Seven of these would be positioned roughly along the centre of the site with the fronts facing Meetinghouse Croft and the rears facing Oldale Grove. Those properties at the southern end of the site would be orientated in a north/south direction. Access to the site as a whole will be from Meetinghouse Croft via a shared surface leading onto two private drives.

REPRESENTATIONS

Neighbours were consulted twice. Firstly, when the application was initially submitted and then again when the scheme was amended slightly and further levels information was supplied.

In the second round of consultation, 7 individual letters of objection were received and a petition signed by 53 individuals, some of whom had also written in individually. One letter was received raising no objection but enquiring about the types of trees to be planted and whether they would result in loss of light. The grounds of objection are summarised as follows:-

Traffic:

Development will add traffic to Meetinghouse Croft which is unsuitable due to:

252 i) parking problems at the junction with Meetinghouse Croft; ii) the volume of traffic using this road; iii) on-street parking on Meetinghouse Croft; iv) iv) the narrowing of the road as part of traffic calming measures.

It is suggested that yellow lines are provided at the junction of Meetinghouse Croft, Meeting House Lane and Beighton Road to restrict parking and improve safety. Also, that traffic calming takes place on Meetinghouse Croft to reduce vehicle speeds.

Parking:

Insufficient visitor parking is provided and visitors’ parking will be lost on Meetinghouse Croft as a result of the development. This will result in more on- street parking. Parking restrictions at the Meetinghouse Croft/Meetinghouse Lane junction will displace parking further up Meetinghouse Croft.

Amenity Issues:

The development will result in loss of privacy and loss of sunlight to houses on Oldale Grove. The buildings are separated by the minimum allowable distances with no allowance for the sloping site. Plot 3 should be removed due to the impact on natural sunlight and it being only the bare minimum separation from existing properties. The effect of the embankment created by Plot 3 is not clear. There will be overlooking of Oldale Road properties from first floor level due to the proximity to the boundary. The orientation of Plot 10 should be changed.

Density and Character of Area:

The site is being overdeveloped; an example being the narrow shared drives. Proposed dwellings are too small and not in keeping with the area’s character. Different objectors suggested the site should be developed with a maximum of 7 houses or 6 bungalows.

Amenities for Future Residents:

There is a shortage of school places and insufficient play areas for children, the nearest being a 15 minute walk.

Other Issues:

- Access for fire tenders is inadequate. - Insufficient information on boundary treatment. - Residents on Meetinghouse Croft will be disrupted by construction traffic. - Noise from residents’ vehicles/concern expressed by a shift worker resident on Meetinghouse Croft. - New dwellings will worsen security. - The wildlife value of the site will be harmed including protected species. - Insufficient information on levels and the application forms are inaccurate as they say no trees will be felled.

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Other Non-Planning Issues:

- The Board should make a site visit.

14 letters of objection were received in response to the original round of consultation and a petition signed by 48 residents.

The only concerns raised which are not referred to above are:

- Impact of exhaust fumes from vehicles. - Loss of open aspect across the site. - Increased traffic on Meetinghouse Croft will affect the safety of children and elderly people. - Traffic changes on Beighton Road will increase parking on Meetinghouse Croft. - Garages should be moved away from the boundaries with the Oldale Drive properties. - Street lighting should be positioned to avoid light shining on the rear of properties.

PLANNING ASSESSMENT

Policy Issues:

In the Unitary Development Plan the site lies within a residential area, housing is therefore acceptable in principle in policy terms. Planning Policy Guidance Note 3 “Housing” seeks to encourage new house building on previously developed land unless the supply of brownfield land is all used up.

Despite this, it is considered that Government policy is not intended to restrict the development of infill sites within urban areas where the land has no obvious beneficial use. In this case the site is overgrown with impenetrable scrub over a large part of the site and there is no public access to the site. It is unused and whilst it is not built on and green, the visual and wildlife value are not considered to be sufficient reason for opposing development. It is surrounded by housing on three sides and is in a sustainable location being close to Woodhouse Centre where shops, public transport and services are easily accessible.

The applicants have also argued that the site was formerly the garden to a dwellinghouse, which PPG3 suggests should be considered as brownfield land. As the land has become separated from the original dwelling some time ago, its status is not clear cut. However, it is another factor which suggests that it would be unreasonable to resist the development of this site on the basis of PPG3.

PPG3 also seeks 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. It advises that housing should not be developed at densities of less than 30 dwellings per hectare. In this case, the density is approximately 27 dwelling per hectare which is slightly below the guidance. However, the guidance should not be

254 slavishly applied where there are other constraints which mitigate against achieving higher density. In this instance the site is an infill development surrounded by existing housing and increasing densities could compromise the amenities of adjacent residents.

The proposal must also be considered against Policy LR8 which relates to development in local open spaces. These are small areas of public or private open space which are not shown as open space areas in the Unitary Development Plan. This policy seeks to resist development on open space where it would involve the loss of recreational space. However, as this site is virtually impenetrable due to its overgrown nature and contains no recreational facilities, it cannot reasonably be regarded as recreational space. The proposal is also not contrary to any of the criteria in Policy LR5 which apply to development in open space areas.

Effect on Neighbouring Residential Amenities

The houses have been positioned so that they maintain the minimum 21m outlook distances between their windows and the windows in the main walls of the existing housing. The instances where this has not been achieved are in one or two locations where the original houses have been extended. In all cases the impact on privacy is not considered to be significant enough to justify opposing the proposal.

The new housing is generally approximately 2m higher than the housing on Oldale Grove and lower than the housing in Meetinghouse Croft. Levels and sections have been provided to show the relationship between properties. The sections show that the houses are positioned at or below existing ground level. It is considered that the properties are sufficiently separated such that the new development will not result in a significant loss of sunlight, appear over-dominant or create excessive overlooking. The gable of Plot 3 will cast some shadow over the garden of the nearest properties on Oldale Grove in the late afternoon, but this is not significant enough to justify refusing planning permission.

The gable of Plot 3 is between 13 and 14m from the rear wall of No. 44 Oldale Grove. Normally a minimum of 12m would be acceptable where the ground is level, otherwise the dwelling might appear over-dominant. A section has been provided which shows that the new dwelling will be cut into the site so that its floor level is only 750mm above the floor level of No. 44 Oldale Grove. Given this small level difference and the increased separation, the impact would not be so great that a refusal of planning permission could be justified.

Access Issues

Meetinghouse Croft is an adopted cul-de-sac which serves 14 houses with pinch points designed to keep traffic speeds down. All the properties have off-street parking although some on-street parking does occur. There is considered to be no reason why this road cannot safely accommodate the additional traffic associated with 10 extra dwellings. Given the small number of properties involved and the

255 existing traffic calming, there is no reason why pedestrian safety and the amenities of existing residents should be significantly compromised.

All the properties have a minimum of 2 off-street parking spaces and there are 2 visitor spaces proposed. PPG3 suggests that planning authorities should set parking standards at no more than 1.5 per dwelling. However, in practice where parking is provided in garages, it is necessary to have a space in front of the garage in addition to the garage as not all people use garages for parking. In addition, because any parking on the shared surface or drive would restrict access for other vehicles, it is considered that the parking levels proposed are acceptable in this instance. Given the parking levels proposed, there is no reason why parking should overspill into Meetinghouse Croft.

The visitor parking on Meetinghouse Croft which will be affected by the site access, does not appear to be particularly well used. Two spaces will be lost, however these are not well overlooked and show evidence of not being well used as they are affected by weak growth. In these circumstances, it is considered that the loss of these two spaces would not result in any significant traffic safety problems.

There is some evidence from site visits that on-street parking occurs at the junction of Meetinghouse Lane and Beighton Road which makes it difficult for vehicles turning into Meetinghouse Lane. The applicants have indicated that they are willing to finance a traffic regulation order and some yellow lines to restrict parking near the junction. This is considered to be beneficial to traffic safety and therefore a condition is proposed. Any restrictions are only likely to affect the immediate junction and whilst there is a small risk that some parking will be displaced, this is considered to be outweighed by the safety benefit.

Character/Appearance of the Development

The residential areas immediately adjoining the site consist of modern single and two-storey, largely detached houses and are typical of the estates produced by the volume house builders. The proposed development is of a similar character and is entirely appropriate to the area. The proposed houses are all 3-bedroom detached units, with the exception of 2 semis. All are to be faced in brickwork with pitched roofs covered in concrete tiles.

Landscape/Wildlife Value of the Site

The site is covered in dense scrub, bramble and young self-seeded trees. There are no significant trees of high amenity value within the site. The site will support common garden wildlife species and obviously when the site is cleared this habitat will be lost. However, the wildlife and landscape value of the site is not considered to be so high that the development of this site can be resisted on these grounds. The City Ecologist found no evidence of protected species on the site, however the applicants have been advised to carry out a specialist survey before clearing the site, and to avoid clearing the site during the bird breeding season.

256 It is intended that the hedge adjoining the footpath, which runs adjacent to the southern boundary of the site, will be retained so that an attractive boundary to the footpath is maintained.

Open Space

The catchment area is above the minimum guideline for informal open space but slightly below the guideline for formal open space. The nearest children’s playground is on Tannery Close which is in need of improvement. Therefore, under the terms of Unitary Development Plan Policy H16 it is proposed to require contributions to improve play facilities and formal/informal open space. This will be secured by means of a Section 106 Agreement. Using the standard formula this will result in a total contribution of £12,550.

The Tannery Close play area is greater than 400m from the site (approximately 650m), however the site itself is too small to accommodate play facilities and could create amenity problems for local residents.

Education Provision

Due to the small size of the development, it is not reasonable to justify a contribution to enhance school provision. The Education Department are normally only consulted on residential development of more than 30 houses. However, for information the development is in the catchment area of Brunswick Primary and Handsworth Grange Secondary schools. Both schools are currently full and parents moving to new housing may have initial difficulties in obtained a place for pupils at the local schools, particularly mid-year. However, the Education Department have confirmed that it would be unreasonable to justify a contribution in this instance because the pupil numbers would be insignificant from a development of just 10 dwellinghouses.

Response to Representations

This section refers to issues not already considered in the report.

The proposal will not result in an excessive overlooking or loss of amenity for local residents and adequate amenity space and parking is being provided for the new housing. Therefore, the scheme cannot be regarded as over-development.

The layout has been amended to accommodate fire tender access. Yorkshire Water have advised that off-site foul and surface water sewers will be required. Planning conditions are proposed to ensure that there are provided. The detailed drainage within the site will be covered by the building regulations.

Existing boundary fencing will be retained where in good condition and replaced by 1.8m close boarded fencing where necessary.

There is no reason to suppose that noise from residents’ vehicles should create a significant amenity problem. Although a private drive runs along the rear garden

257 boundary of the existing properties fronting onto Meetinghouse Croft, it is at a lower level than the gardens and only serves a small number of houses.

The impact of vehicle exhausts will be minimal with a development of this scale. Developing housing in a sustainable location such as this is likely to reduce exhaust emissions in overall terms as opposed to development on a more peripheral site.

There will be some temporary disruption during the construction period but the hours of operation can be controlled by the Environmental Protection Service. Disruption during construction is not sufficient basis for opposing development.

An existing site survey along with proposed spot levels and sections through to the existing houses have been submitted. This is sufficient to enable the impact of changing levels to be properly assessed.

Some of the proposed garages have been moved further from the boundary with existing residential properties. However even in the one instance where a garage adjoins an existing garden boundary, the scale of the building is such that its impact could not be regarded as unacceptable

A condition is proposed to ensure that the impact of street lighting is minimised.

Clearly the construction of housing on the site will affect the open aspect from existing properties. However, there is no right to a view and in planning terms it is necessary to assess whether the housing is too close and therefore would appear over-bearing. In this instance there is considered to be reasonable separation between properties and refusal of planning permission could not be justified on this basis.

The development of housing on the site is more likely to be a benefit to the security of existing residents than a disbenefit. The new houses will provide security to the Oldale Grove garden boundaries and the remainder of the site will be covered by surveillance from the new residential properties.

SUMMARY AND RECOMMENDATION

The proposal is considered to be acceptable in policy terms as the landscape, wildlife and recreation value of the site is not so great as to justify opposing development. The site is within a housing policy area and in a sustainable location. Due to the narrowness of the site, housing has had to be carefully positioned to avoid excessive impact on immediate neighbours.

It is considered that the submitted layout provides adequate accommodation whilst protecting the basic amenities of existing residents. It is therefore recommended that planning permission is granted subject to the applicant entering into a Section 106 Agreement to secure improvements to open space and play facilities at Tannery Close and Woodhouse Recreation Ground. The draft heads of terms are as follows:

258 On or before commencement of the development, a financial contribution of £12,550 shall be paid to Sheffield City Council, to be spent in whatever manner it considers appropriate for the provision or improvement of the playground/open space located at Tannery Close and Woodhouse Recreation Ground.

In the event of the development being delayed, the financial sum referred to shall be increased to allow for price inflation where necessary.

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