SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate
REPORT TO CITY CENTRE AND EAST DATE 27/10/2003 PLANNING AND HIGHWAYS AREA BOARD
REPORT OF HEAD 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 ACCESS Chris Heeley TEL NO: 36141
AREA(S) AFFECTED
CATEGORY OF REPORT
OPEN 2 Application No. Location Page No.
00/01316/FUL (Formerly Land At Charles Street And Arundel Street 05 9A/0643P) Sheffield
03/00479/FUL Former Wards Brewery Ecclesall Road Sheffield 09
03/00789/FUL Land Off Sandstone Road Sheffield 23
03/01738/FUL 27-29 Rothay Road Sheffield S4 8BD 35
03/01765/FUL 268 Sheffield Road Tinsley Sheffield S9 1RD 42
03/01770/CAC Lancaster Complex Ball Street Sheffield S3 8DB 46
03/01771/FUL Lancaster Complex Ball Street Sheffield S3 8DB 48
03/02157/REM Riverside Exchange Bridge Street Sheffield 67
03/02558/LBC Cambridge Street Sheffield 76
03/02560/ADV Cambridge Street Sheffield 80
03/02694/FUL Northern Counties Housing Association 20 82 Westfield Terrace Sheffield S1 4GH
03/02696/LBC Northern Counties Housing Association 20 85 Westfield Terrace Sheffield S1 4GH
03/03017/FUL Kam House Park House Lane Sheffield S9 1XA 87
03/03320/OUT Car Park At 722 Prince Of Wales Road Sheffield 91
3 4 SHEFFIELD CITY COUNCIL
Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The CITY CENTRE AND EAST Planning And Highways Area Board Date Of Meeting: 27/10/2003
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 00/01316/FUL (Formerly 9A/0643P)
Application Type a Full Planning Application
Proposal Use of land as short stay public car park (Application under Reg 3 1992)
Location Land At Charles Street And Arundel Street Sheffield
Date Received 07/08/2000
Team CITY CENTRE AND EAST
Applicant/Agent Sheffield City Council
Recommendation Grant Conditionally
Subject to:
1 The development shall be begun not later than the expiration of five years from the date of this decision.
In order to comply with the requirements of the Town and Country Planning Act.
2 The existing tarmac surface and post and rail boundary fencing shall be retained.
In the interests of the visual amenities of the locality.
3 That part of the car park served by vehicular access adjacent to 113 Arundel Street shall not be used by Sheffield Hallam University as a permit only car park except in accordance with an operational car park statement, full details of which shall have been submitted to the Local
5 Planning Authority within 28 days of the date of this planning permission.
In order to discourage commuter parking in compliance with Policy T21 of the Sheffield Unitary Development Plan.
Site Location H E O N W A A L R D E L R AN Y E E 64.6m HO
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LOCATION AND PROPOSAL
This site has been used for car parking for a number of years, but the previous permission has expired.
The site boundary has been revised to exclude the permit-only car park at the rear of the buildings on Howard Street. This proposal is to use the site for short stay public parking, with some use by university staff on a permit basis. A new access is proposed to Arundel Street, in addition to that previously made next to 113 Arundel Street.
The development has already been carried out.
The site is in two parts. That part with access next to 113 Arundel Street is jointly used by Sheffield Hallam University (SHU) staff with permits, and
6 outside the hours previously approved for that purpose by the general public as a pay and display car park.
That part on the corner of Charles Street separately accessed from Arundel Street is used just as a pay and display public car park.
REPRESENTATIONS
None.
HISTORY
Planning permission was originally granted (Reserved Matters, Application No 87/20P) for the erection of Science Park buildings on Howard Street and Paternoster Row with a car park at the rear. The site boundary also included land backing on to Arundel Street, but excluded the land at the corner of Charles Street and Arundel Street. Under this permission the rear land could have been used for any kind of parking in connection with the approved uses of the Science Park.
On 6 March 1995 permanent permission was granted for the extension of the approved uses of the Science Park to include educational research, administrative functions and ancillary teaching facilities in connection with the use by Sheffield Hallam University. This site boundary included the land at the rear of the Science Park buildings, including that with access next to 113 Arundel Street. It excluded the land at the corner of Charles Street and Arundel Street.
On 10 October 1995 permission was granted for the use of the land at the corner of Charles Street and Arundel Street as a car park subject to operational use only by SHU between 0830 and 1600 hours Monday to Friday and at all other times as a pay and display car park for the general public. This permission expired on 10 October 1997, after which the car park use continued without permission.
ASSESSMENT
Policy
The site lies within the Cultural Industries Quarter Conservation Area, and within the City Centre High Amenity Zone.
Policy BE 16 requires development to preserve or enhance the character or appearance of conservation areas. Policy T24 defines short stay parking as that commencing after 0930 hours daily, but does not discourage it within the High Amenity Zone. Policy T22 requires private parking in the city centre to be operational parking for the conduct of day-to-day business. The Car Parking Guidelines require that private university parking be agreed with the organisation concerned.
7 Appearance
The site has been provided with a good tarmac surface and improved post and rail boundary fencing, thereby enhancing the Conservation Area.
Water Quality
For car parks over 40 spaces (as in this case) the Environment Agency require a petrol interceptor to be installed to prevent pollution of the water environment. This was raised with the applicants on 7 November 2001 after the use had commenced in advance of permission. On 20 November 2002 the applicants confirmed that the required petrol interceptor had been installed.
Parking Policy
The parking tariff is 6 hours stay maximum, and the use prior to 0930 hours is limited on the north eastern part of the site to SHU permit holders only. This is considered sufficient to comply with short stay parking policy. No information is available about the operational parking needs of Hallam University, and this is reserved by condition.
CONCLUSION
The proposal is considered acceptable subject to the recommended conditions.
8 Case Number 03/00479/FUL
Application Type a Full Planning Application
Proposal Erection of 6 - 8 storey building to form 180 apartments, 167 space multi-deck car park & 729 sq metre of A1/A3 retail floorspace - part of site of former Wards Brewery site, land between Ecclesall Road, Harrow St, Renton St & Napier St
Location Former Wards Brewery Ecclesall Road Sheffield
Date Received 21/02/2003
Team CITY CENTRE AND EAST
Applicant/Agent Wilbraham And Company
Recommendation Refuse
For the following reason(s):
1 The Local Planning Authority consider that the proposed development would lead to a concentration of uses which would prejudice the dominance of industry and business in the area and would therefore be contrary to Policy IB9 of the Unitary Development Plan.
2 The Local Planning Authority consider that the loss of this industry and business site, in a prime accessible location on a main transport route into the city would result in a significant loss of potential new jobs and investment in the city and would, therefore, conflict with the economic regeneration and employment aims of Policies IB1 and IB6 of the Unitary Development Plan.
3 The Local Planning Authority consider that the proposed monolithic nature of the building coupled with the lack of active uses to the majority of the street frontages, which are dominated by parking decks, gives rise to an unsatisfactory design, detrimental to the character of the Porter Brook Conservation Area and contrary to the aims of Policies BE5, BE15 and BE17 of the Unitary Development Plan.
4 The Local Planning Authority consider that in the absence of a commitment to open up the culverted section of the Porter Brook watercourse which crosses the site and given the severe lack of informal recreation space in the catchment area of the site, the development is contrary to the aims of Policy GE17 of the Unitary Development Plan.
9
Site Location
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Sheffield Hallam University
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C e m B B 7 75.6m a e 7 M p t . t e 3 is ry 7 t m C R o h a u d rc h INTRODUCTION
Members will recall that the site the subject of this application has previously had approval for a large office block, which formed part of the original mixed- use redevelopment proposals for the entire brewery site. The residential element of that original scheme, with retail uses on part of the ground floor, has recently been completed, together with a riverside walk along the Porter Brook. This application seeks to amend the previously approved scheme by developing the remainder of the site for residential purposes, with some retail use at ground floor.
LOCATION
The site was formerly occupied by Wards Brewery and is located towards the bottom of Ecclesall Road, in a mixed-use area, but predominantly commercial, close to the ring road. The original brewery site was in an L-shaped form but this part of the site is rectangular in shape and is bounded by Ecclesall Road, Napier Street, Harrow Street and Renton Street. A large part of the site is within the Porter Brook Conservation Area, the only exception being the site of the now demolished James Neil Magnet building to the Napier Street frontage.
10 The only building remaining on this part of the site is on the Ecclesall Road/Harrow Street corner, which is dominated by a modern brick built 3 storey office block, the third floor being within a mansard roof construction.
Adjacent to the site on the Ecclesall Road frontage is the Peugeot garage on the city side of the site and the recently completed residential scheme on the other side of the site. Opposite the site on Napier Street is the new car park to a recently refurbished office development, known as 15 Napier Street, which is 3 storeys high and clad in timber. Adjacent to this is the listed Cemetery Road Baptist Church. Opposite the site on Ecclesall Road is the Exeter Drive flats complex set back from the main road behind a garage court and a public house.
PROPOSAL
The proposals seek to demolish the existing office block on the site and construct a 3 to 9 storey building across the full extent of the site, consisting of 167 car parking spaces at lower ground and ground floor (which would partly serve the occupiers of Phase 1), 729 square metres of A1 / A3 retail space fronting Ecclesall Road at ground and first floor and 180 flats (one and two bedrooms) making up the remainder of the floor area. Two raised private residential courtyards are proposed at first floor level facing Renton Street, for the benefit of residents of the scheme.
PLANNING HISTORY
9A/1047P – Redevelopment of the site for mixed use purposes – planning permission granted 30th August 2001 – First phase of this development now complete.
9A/1048P – Conservation Area Consent for demolition of various buildings on the site – granted 30th July 2001.
02/03426/FUL – Temporary planning consent granted for a surface level car park (to serve the existing residential development pending development of the site) – 16th December 2002.
REPRESENTATIONS
Three letters have been received in connection with the proposals as a result of public consultation, one of which objects to the proposals on the following grounds
- the site is identified for office development - current residents of the first phase have been mis-led on the proposals - there are already too many apartments in the city centre with a knock- on effect on property values (non planning) - not developing offices will deprive the area of much needed office space and jobs – this decision would be very short-sighted - the proposed design is architecturally uninspiring and ugly
11 The other two letters broadly support the principle of the development and acknowledge the success of the design of Phase 1, due the breaking down of the blocks. They also consider it to be a good use of brownfield land that will add to the number of responsible people living in the Sharrow area, which will complement the current development and reduce the level of traffic generated. More detailed observations are as follows
- the setting back of the building on Napier Street and addition of landscaping in line with other developments on this frontage is welcomed - the overall floorspace has increased substantially from the earlier approval - the overall height of the development has increased from the earlier approval - The previous approval already exceeds the height of development that was originally recommended in the Planning Brief for the site – further height increases should not be allowed. One full floor should be removed from the scheme - More respect should be paid to the listed Baptist Church on Napier Street by reducing the height of the development directly opposite it. - There should be a greater use of natural stone within the design. - The car parking numbers appear low for the number of occupiers and head-room within the undercroft may be an issue for 4 wheel drive vehicles - The provision of only 4 visitor spaces appears inadequate - Planning gains should be negotiated to benefit the local community
English Heritage were consulted out of courtesy, given their involvement in the earlier scheme, although there was no requirement to do so in this particular instance given that the site area is less than 1000 square metres. They declined to make any further comment on the new elevations and the proposed revised use.
PLANNING ASSESSMENT
Policy Issues
The site lies within a Fringe Industry and Business Area as defined in the Unitary Development Plan. The preferred uses in such areas are B1 (Business), B2 (industrial) and B8 (Warehouses), but housing, small shops and food and drink uses can also be acceptable in such areas. However, in order to meet the aims of Policies IB1 and IB9 of the Unitary Development Plan it must be demonstrated that a significant part of the site will be redeveloped for industry or business purposes.
The starting point for consideration of the current phase 2 application should be the policy assessment made at the time of the original planning application for the whole of the site. The original planning approval was for a mixed scheme of predominantly residential and B1. The report to the Area Board on
12 8th May 2001 stated “… the proposal is on the margins of acceptability in policy terms and, as such, if the development is to proceed it is imperative to guarantee the delivery of the B1 (Business) element of the proposals. This would, therefore, form part of the Section 106 Legal Agreement attached to any future planning approval”.
It is clear from this that the application was assessed as only marginally acceptable in terms of business and industry policies and only if the office floorspace were delivered in full. Therefore it follows that a predominantly residential scheme was considered unacceptable from the start. This was made clear to the applicants from an early stage in discussions about the site.
The intention to enter into a legal agreement to secure the B1 element of the scheme was subsequently watered down to a commitment by the developers that the phase 2 site should be cleared, de-contaminated and prepared for development, including the provision of the surrounding road and footpath infrastructure before any part of the residential element was occupied. The site was also to be actively marketed for office development from commencement of works on any part of the site.
This compromise was agreed because the developers insisted that the delivery of the residential element of the scheme was required to financially secure the development of the office phase. This is clearly evidence that the original financial appraisal by the developers considered the scheme as a whole, and the City Council’s decision to allow the phasing was on the basis that the whole of the scheme would be delivered.
If we examine the policy implications of the proposed Phase 2 residential scheme in isolation, the proposal is clearly contrary to Policy IB9(a) of the adopted Unitary Development Plan (UDP), which states that “In Industry and Business Areas, new development or change of use will be permitted provided that it would not lead to a concentration of uses which would prejudice the dominance of industry and business in the area…”. Dominance is defined in Appendix 1 of the UDP, which requires that at least 50% of the area is retained for Preferred uses.
An analysis of the whole of the Fringe Industry and Business Area shows that, if the phase 2 site were used for an office development, Preferred Uses would take up 48% of the area, meaning that business and industry would nearly be a dominant use. However, if housing were allowed, Preferred Uses would only take up 41.3% of the area, which would clearly be contrary to the policy.
The dominance issue was considered at the time of the original planning application for a mixed scheme and, as mentioned above, was considered borderline but acceptable given the intention to provide new employment uses on the site. Further residential development could result in the current character of the area changing to one where residential uses become dominant and business is lost to the area.
13 UDP Policy IB1(a) states that “Employment and economic development will be promoted by … providing for land for industrial and business development in suitable areas of the City; and improving older industrial and business premises and areas.” The proposal for further residential development on this site would conflict with the aims of this policy as there would be a significant loss of allocated industry and business land, and a former business area would be lost for economic and employment use. This issue was addressed at the time of the original application and it was accepted that the provision of 11,000 square metres of offices space had enough of an economic regeneration and employment benefit that the scheme complied with the policy. However, the current scheme would deliver very little in the way of regeneration benefits, so does not comply with the policy.
The proposal also does not fully comply with Policy IB6. Although Housing is an Acceptable use in this Fringe Industry and Business Area, the Reasons for the Policy set out the circumstances under which housing would be acceptable. It says “The better environment of these Areas might, exceptionally, allow some houses, residential institutions and visitor accommodation. But this will happen only where living conditions are satisfactory and they wouldn't hinder industrial and business development.” It is argued that the proposal for such a large residential development would not meet this criterion, as there are no exceptional circumstances in this case, and residential development would, in fact, hinder business development by way of a loss of potentially important business land.
Officers have plenty of evidence from colleagues at Sheffield First for Investment (SF4I) and property market analysts that there is significant demand for quality office space in this location. Shortages are currently stifling regeneration efforts in Sheffield. Evidence of the high level of demand for new business space in this part of the City is provided by the newly opened Broadfields Business Park. The developers of this site agreed to provide speculative business units at the request of the City Council. These units have already been let and there has been significant interest in future phases. The letting agents, Knight Frank, have said:- “there was plenty of interest in future phases of the development”. The developers, Broadfields Park, who are a partnership of Vulcan Estates and JF Finnegan (the developers of Ward’s and the applicants for this application) said “the southwest side of the city is greatly underdeveloped for quality office space and it’s the only scheme in the area. Most of the people who are showing interest are already in Sheffield and most are established professional practices looking to move to modern facilities. It’s a great location, easy to get to” (both quotes from an article in the Sheffield Star Business Supplement, 17 September 2003).
Officers believe that the Ward’s site has the potential to deliver the same sort of scheme as Broadfields and that the comments made could apply equally to an office development at Ward’s. Broadfields were further quoted in the Sheffield Telegraph on 19 September, saying “We have had some very strong interest and we are so confident about the park that we are going to build phase Two, of approximately 60,000 sq ft, on a speculative basis”. In the
14 same article, agents Knight Frank are quoted as saying that “Demand is very high”. This is all strong evidence that there would be significant interest in offices on the Ward’s site if they were to build speculative units there.
SF4I also believe that demand for new office floorspace is currently high and have reported that inward investment inquiries are at their highest levels for two years. They have informed us that they believe that an office scheme in this location could be an important boost to the Sheffield economy and their discussions with local developers and agents have led them to the view that there are companies who would be willing to locate to such a scheme. On this theme, we have anecdotal evidence, provided in confidence to City Council officers, that there was significant interest from potential occupiers in the original office scheme on the site, but there were major concerns about the scheme proposed by Finnegans. Mainly, these were that there was no firm delivery timetable provided by the developers, the floorplates proposed were not ideal and the rental levels quoted were not competitive. Officers have suggested that the developers might wish to consider a scaled-down office scheme with smaller floorplates, but they have declined to consider this option.
Another considerable argument against residential development is that, if the proposed office development were to fall by the wayside, this would send out a strong negative message about the state of the office market in Sheffield, and could jeopardise other proposed major office schemes, such as that nearby at St. Mary’s Gate by Amco-Strata Developments.
This location may not be one of Sheffield’s Premier office locations (such as, for example, the Peace Gardens), but it could be considered a ‘First Division’ location and could easily meet the requirements of a number of potential occupiers. It is situated on a major gateway to the City Centre (Ecclesall Road), next to one of the larger supermarkets (Safeway) and newest health and leisure clubs (Greens). For workforce access, it is on a number of major bus routes and is passed by a significant number of commuters travelling to the City Centre and north of the City from the West and from out of town. It can therefore draw upon a high number of potential employees who would otherwise travel into the City Centre. The site is closer to the University of Sheffield than pure City Centre developments, which could be a significant advantage.
The developers have provided City Council officers with confidential financial details of the proposed office scheme in the form of a development appraisal. This is an attempt to show that the office scheme would not be commercially viable. The Council’s property experts have assessed these figures and we have some reason to dispute them. In any event, as pointed out in the first paragraph above, the correct way to appraise the development is in the light of the whole scheme, with the residential and office elements being considered together. This would have been done prior to phase 1 and, presumably, the whole of the scheme would have been considered commercially viable or the developers would not have gone ahead with it. It was the intention at the time of the initial granting of planning permission that
15 receipts from the residential scheme would partly fund the office development, and that was why the City Council allowed the developers to build the residential phase in advance of the offices. Having gained receipts from the sale of the flats in the first phase, officers believe that the developers should now draw on these receipts to part fund the development of the office scheme, which evidence suggests should be commercially successful.
Officers believe that once potential occupiers can see that there is a definite commitment to provide office accommodation within a set timescale, they will show significant interest in this development, thus achieving an appropriate mixed use development in an accessible location as encouraged by current government policy and originally envisaged when planning permission was granted for the whole of the Ward’s site.
An office development on the phase 2 site would result in the Ward’s site being visited more during office hours, when many of the residents of phase 1 would not be present. This would give added security to the flats in phase 1 and, mutually, the phase 2 offices would be safer and more secure out of office hours.
Using the Council’s own development database and figures from the ONS Annual Employment Survey, officers estimated that 690 jobs (70 = A1/A3 + 620 = B1) would have been created at the site if the office development proceeded on site. This opportunity will be lost if the site is developed for residential purposes.
In view of the above, planning officers consider that the developers have not put forward a convincing case that the original proposal for a mixed office and residential scheme on this site is inappropriate or is not financially viable. Therefore, officers consider that this application for residential development on phase 2 should be refused and the applicants be encouraged to pursue the original proposal for office development on phase 2.
In respect of Government Planning Guidance, PPG3 and PPG13 are material considerations. Planning Policy Guidance Note 3: Housing, contains the fundamental premise that new residential development should be targeted at existing urban sites i.e. brownfield land. This guidance, however, specifically promotes mixed use development to encourage diversity and to ensure that there are jobs and services close to where people live.
PPG13 - Transport, reiterates the philosophy contained in PPG3 in respect of transport implications. One basic tenet is that accessibility to jobs, shopping, leisure and other services by public transport, walking and cycling should be promoted and should be reflected in the consideration of planning proposals.
Policy BE16 of the UDP refers to development in conservation areas and requires that development proposals provide sufficient information to demonstrate that the character and appearance of a conservation area would be preserved. This issue is covered later in the report.
16 Highways issues
The Transportation Assessment (TA) submitted as part of the previously approved scheme has been revised to take account of the changed nature of the scheme, which demonstrates that the proposed development of the site for residential purposes will result in less traffic generation than the previous approved office scheme, although there will be a significant alteration in traffic patterns. The impact of this traffic on the highway network has been assessed, including detailed operational assessments of nearby junctions.
The addition of a pedestrian facility across the Summerfield Street / Ecclesall Road junction was required as part of the earlier approval, together with a Box Junction at the junction of Napier Street with Summerfield Street. Although these elements have yet to be provided the developers have entered into arrangements to secure that these works will be done.
No additional improvements are required as a result of these revised proposals.
Access to the site for private cars will be available from Ecclesall Road and Napier Street (via the former Renton Street and Harrow Street). The Ecclesall Road access will provide a left in only and be available for use by vehicles accessing the new undercroft residential parking area as well as the residential scheme already constructed. Egress from the site will only be possible via Napier Street.
Cyclists and pedestrians will be able to access the site from Ecclesall Road and Napier Street via the former Renton Street, and from Summerfield Street via the new pedestrian/cycle route adjacent to the Porter Brook.
Service vehicles associated with this development will access the site from Ecclesall Road. A service lay-by has been provided on Renton Street that can accommodate one articulated vehicle and a smaller service vehicle. There is also a drop off point provided which can have a dual use as a drop off point for the development and also used by smaller service vehicles.
The site is considered to be highly accessible by public transport. The most convenient stops are located on Ecclesall Road and Moore Street. Stops on Cemetery Road involve a walk of around 200m whilst those on London Road are approximately 300m from the site. It is therefore considered that the site has excellent links to a comprehensive public transport service which is in line with current council and government policies to encourage modes of transport other than the private car.
The development proposals include the provision of 167 on-site parking spaces, taking the total across both phases to 244 (as opposed to the total of 412 spaces originally approved). Of these spaces 49 will be dedicated to the residential units in Phase 1 and the remaining available for the new apartments. No provision is made for the retail uses and only 4 visitor spaces are proposed.
17 This level of parking is considered to be acceptable in this location and is in line with government advice on parking levels.
Secure cycle parking needs to be provided for the development, as with the initial phase. This is in line with current council and government policies to encourage forms of transport other than the private car.
In line with current council practice and government guidance it is considered that a travel plan should be submitted as part of any residential approval on this site, particularly given the lack of 1:1 parking for the flats. Such proposals as car sharing, car pooling and provision of public transport information will be considered. It is believed that the development of a travel plan for a site in this particular location is ideal as many of the facilities are already available to encourage the use of more sustainable forms of travel.
Environmental Health
Two noise reports were submitted during the course of the original application to assess, in particular, the road traffic noise and its affect on the proposed residential element of the proposals. These were assessed by the Council’s Environmental Protection Unit. Because of the site’s position in a mixed use area, adjacent to the heavily trafficked Ecclesall Road and close to the ring road it is in a noisy location. The noise survey identified part of the site (facing Ecclesall Road) as being in noise exposure category (NEC) C/D as defined in Planning Policy Guidance Note 24. As such, where residential development is proposed, a high specification of sound attenuation is required to protect the residents from noise, including a high quality glazing scheme combined with alternative means of ventilation such that it is not necessary to open the windows for ventilation.
Other potential noise and nuisance sources include noise breakout and odour dispersal from the proposed A3 (food and drink) uses as well as noise from people arriving at and leaving the premises, particularly late at night, together with noise from plant and equipment serving the whole development, and servicing of the whole complex (deliveries, refuse collection etc.)
As a result of the above, if the development were to proceed, an extensive series of conditions would be required to ensure that the scheme takes account of all of the above possible areas of nuisance.
As part of the previous approval a risk assessment was required in respect of potential land contamination – this issue has been dealt with satisfactorily on Phase 1 of the development and there is no reason to believe why this would not be the case for this part of the site also.
The question of air pollution being increased due to the additional traffic was taken up with officers in the Council’s Air Quality Team under the original application. At that time the predicted increase in traffic was not considered to have any noticeable or quantifiable affect on levels of air pollution giving rise
18 to concerns. The site is not within the Air Quality Management Area recently declared for the City Centre. Given that the revised proposal will lead to reduced traffic levels there are no air quality concerns arising from the proposals.
Open Space
The catchment area of the site is deficient in both formal and informal open space. Overall there is only 1.38 hectares per thousand population, well below the minimum guideline of 6.00 hectares. After completing the 138 apartments from the first approval and then adding the 180 apartments from this scheme, this figure would decrease even further.
Given the lack of any public open space provided on site (which could potentially be achieved by the opening up of the Porter Brook), under Policy H16 of the Unitary Development Plan the developer is required to contribute towards the provision or enhancement of recreation space within the catchment area of the site in line with Table 1 of the Supplementary Planning Guidance on open space in housing developments. In line with other similar developments, it is recognised that the element of provision for children’s play is largely for visiting children and as such a 75% reduction is applicable to this category. Based on this and the number of apartments the total contribution would be £102,037.50, which would need to be secured through the completion of a legal agreement. The applicants have expressed their willingness to enter into such an agreement.
Education Provision
The Education Service is monitoring the impact of ‘city centre living’ schemes on the demand for school places in the longer term. At the present time, however, the Supplementary Planning Guidance on planning obligations for education contributions precludes such developments because they are unlikely to accommodate children in any great numbers. This position will be reviewed periodically if evidence begins to suggest otherwise.
Affordable Housing
An assessment of the existing situation, in the catchment area of the site, was undertaken by Housing and Direct Services at the time of the original application. This found that there are a substantial number of social rented housing units in the area and approximately 90% of these are 1 and 2 bedroomed flats and maisonettes with a high turnover. The shortage in the area is of larger family homes but it is acknowledged that this is not a suitable site for such provision. Under the terms of Policy H4 of the Unitary Development Plan it is, therefore, concluded that this is not a site where we can expect to incorporate appropriate affordable housing provision.
19 Public Art
Some public art installations were negotiated as part of the original approval and similarly the applicants would be required to incorporate public art into the proposed new development in accordance with the Council’s Percent for Art policy.
Drainage/Flood Risk
There are concerns about the potential flood risk associated with the development due to its location adjacent to the Porter Brook. Whilst the Environment Agency have confirmed to the Council that they have no objections in principle to the proposed development, the floor levels of any residential or retail accommodation would have to be set at least 600mm above the 1 in 100 year flood level. This excludes basement car parking areas. The submitted design incorporates this requirement.
Design and Conservation Issues
The majority of the site is located within the Porter Brook Conservation Area, which although diverse in character, is a microcosm of the architectural and industrial heritage of the City running along the Porter Brook. Within the vicinity of the site there are a varied range of original buildings with a highly evolved character. This character has been reflected in the varied form and massing of the first phase of development on the western end of the site. While the former Wards Brewery Tower is of considerable height, the height of buildings elsewhere is much lower, especially toward the Porter Brook and in adjacent areas along Napier Street.
The proposed building design incorporates a reduced palette of materials (principally red brick and glass) to that used on Phase 1 of the development, which is to be welcomed and more in keeping with the character of the area. However the design as proposed is in the form of one monolithic block, which gives the scheme a very massive and commercial appearance with little relationship with the character of the conservation area. This is particularly apparent on the Harrow Street elevation and, consequently, on views to the site within the surrounding area, especially those from the city centre, where the bulk and repetitive nature of the proposal would be very prominent. While the building steps down towards Napier Street it remains of much greater height than development along the street.
In spatial terms the height and massing of the building is excessive in relation to the width of Harrow Street, which is a relatively narrow cross street rather than a main thoroughfare. The mass of the development therefore “borrows” space from the adjoining site to the east, which is currently developed at a much lower scale. If permitted and similar development were to be carried on the adjoining site, Harrow Street would become an oppressive and canyon- like environment, heavily overshadowed by the proposed development. The location of parking entrances and the lack of active edges along Harrow Street would greatly add to the poor quality of the environment.
20 In the previous office scheme the massing was relieved by the setting back of upper floors. The loss of this element increases the apparent mass of the development. The approach of developing the site as a single block was previously based on commercial grounds, namely that the large floorplate was critical in order to attract a tenant for the offices. This argument was accepted by officers at that time in order to achieve a commercial scheme on this important site in line with its land use designation within the Unitary Development Plan and the associated underlying regeneration and mixed use objectives for the site as a whole.
However, given the changed nature of the scheme, it necessary to re-examine the design of the building. In order to break down the mass of the development the scheme would greatly benefit from being broken down into a series of blocks, which would give a much improved setting to the development as whole and relate better to the conservation area. Linking into this and in line with UDP Policy GE17 is the strategic aim of opening up the Porter Brook through the site. This would improve the environmental quality of the site, enhance the outlook for occupiers of the flats, provide an important recreation space in this area, which is highly deficient in informal space, and aid permeability through the site by extending the valuable pedestrian and cycle route.
The lack of any informal space at ground floor level creates a very poor residential environment, exacerbated by the inclusion of parking decks at ground floor, which give further hostility to the pedestrian environment. The first phase of the scheme benefits from a much better environment, due to the more substantial setting back of the scheme from the main road and from the Porter Brook and its walkway to the rear, together with the incorporation of extensive active frontages. A similar approach should be considered for the second phase of the development now that the nature of the uses proposed have changed.
On the basis of the above concerns it is considered that the proposal in its present form is unacceptable and should be refused on design grounds.
CONCLUSION
In conclusion it is considered that the fundamental issues that need to be addressed when considering this revised proposal are those of land use policy and of design.
The city is short of high quality office accommodation and this scheme will lead to a reduction of available sites to the detriment of the continued regeneration aims of the city. The previously approved mixed use scheme reflected the Government’s planning guidance contained in PPG3 and PPG13 and met the requirements of the informal planning guidance issued at the time the site was being marketed. The scheme as now submitted would deny the city the opportunity of creating much needed quality office development and
21 would be contrary to Policies IB1, IB6 and IB9 of the Unitary Development Plan.
Whilst it is accepted that the design of the proposal could be re-examined, it is considered that the design in its current form is poor. However the design as proposed is in the form of one monolithic block, which gives the scheme a very massive and commercial appearance with little relationship with the character of the conservation area. The lack of setting back of upper floors increases the apparent mass of the development when compared to the previous office approval and the lack of any informal space at ground floor level creates a very poor residential environment, exacerbated by the inclusion of parking decks at ground floor, which give further hostility to pedestrian movements around the site. Given the lack of informal open space in the locality a real opportunity to redress this balance by the opening up of the Porter Brook to the advantage of the proposed residents, is missed by this proposal. Having regard to these issues it is considered that the proposal is contrary to Policies BE5, BE15, BE17 and GE17 of the Unitary Development Plan.
On this basis, officers recommend that the application should be refused in its current form.
22 Case Number 03/00789/FUL
Application Type a Full Planning Application
Proposal Erection of 6 flats and 25 dwellinghouses (As amended plans received 29.08.2003)
Location Land Off Sandstone Road Sheffield
Date Received 10/03/2003
Team CITY CENTRE AND EAST
Applicant/Agent The Architectural Design Studio
Recommendation Grant Conditionally Subject to the completion of a Legal Agreement
Subject to:
1 The development shall be begun not later than the expiration of five 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, full details of the proposed external materials shall have been submitted to and approved by the Local Planning Authority.
In the interests of the visual amenities of the locality.
3 No development shall take place until the applicant, 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 arrangements are made to record or preserve in situ, considerable archaeological remains present on a development site, as mitigation.
4 The development shall be carried out in accordance with all aspects of the ground investigation report (number 1583, compiled by Michael D Joyce Associates, dated 10th January 1996) which shall be adhered to in every detail, unless otherwise agreed in writing by the Local Planning Authority.
23 In order to ensure the stability of the road construction.
5 The development shall not begin until the improvements (which expression shall include traffic control and pedestrian and cycle safety measures) to the highways listed below have either;a) been carried out; orb) details have been submitted to and approved by the Local Planning Authority of arrangements which have been entered into which will secure that such improvement works will be carried out before the development is brought into use.Highway Improvements:Road Safety scheme covering the length of the extension, and the existing length of Sandstone Road up to the junction with Sandstone Drive.
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.
6 Prior to the improvement works indicated in the above condition being carried out, full details of these improvement works shall have been submitted to and approved by the Local Planning Authority.
To enable the above mentioned highway to accommodate the increase in traffic which in the opinion of the Local Planning Authority will be generated by the development.
7 The existing car parking arrangements are not approved. Before the development is commenced, full details of the revised parking arrangements shall have been submitted to and approved by the Local Planning Authority and thereafter such parking arrangements shall be implemented and maintained.
In the interests of complying with the requirements of Planning Policy Guidance Note 3 - 'Housing'.
8 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.
9 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 deposition 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
24 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.
10 The dwellings shall not be used unless 2 metres x 2 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 traffic safety and the amenities of the locality.
11 The gradient of the driveways shall not excees 1:12.
In the interests of traffic safety and the amenities of the locality.
12 Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 3 metres of the line of the sewer, which crosses the site.
In order to allow sufficient access for maintenance and repair work at all times.
13 The site shall be developed with separate systems of drainage for foul and surface water.
In the interest of satisfactory and sustainable drainage.
14 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.
15 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.
16 Before the development is commenced, full details of the proposed measures to be implemented to ensure that the existing reservoir drainage system is maintained at all times throughout the course of the construction works, shall have been submitted to and approved by the
25 Local Planning Authority. The developer shall be responsible for reparing damage carried to the pipework during such works.
To ensure satisfactory drainage arrangements.
17 Before the development is commenced, full details of the measures to be implemented to prevent surface water run-off from the development site to the existing properties on Beacon Road shall have been submitted to and approved by the Local Planning Authority. Such measures shall thereafter be implemented and maintained.
In the interests of the amenities of the locality and occupiers of adjoining property.
18 Prior to the commencement of development, full details of the proposed management and future maintenance arrangements for the areas of incidential open space associated with the development shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the landscaping shall be maintained in accordance with the agreed arrangements.
In the interests of the visual amenities of the locality.
19 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 use 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.
20 The above-mentioned landscaping scheme shall include detailed proposals for the translocation of the existing heather species on the site to an approved location. The translocation shall be carried out in accordance with a detailed method statement which shall be submitted to and approved by the Local Planning Authority.
In the interests of nature conservation.
21 The existing informal footpath that runs between plots 8 and 9 of the development and 67 and 69 Beacon Road shall be made up to adoptable standards before the houses are occupied.
In the intests of pedestrian safety.
Developers attention is drawn to the following directives:
26 1. The applicant is advised that noise and vibration from demolition and construction sites can be controlled by Sheffield City Council under Section 60 of the Control of Pollution Act 1974. As a general rule, where residential occupiers are likely to be affected, it is expected that noisy works of demolition and construction will be carried out during normal working hours, i.e. 0800 to 1800 hours Monday to Friday, and 0800 to 1300 hours on Saturdays with no working on Sundays or Public Holidays. Further advice, including a copy of the Council's Code of Practice for Minimising Nuisance from Construction and Demolition Sites is available from the Environmental Protection Service, 2-10 Carbrook Hall Road, Sheffield, S9 2DB: Tel - 0114 2734651.
2. 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 developer should be aware that the size of the development is such that it would be prudent to investigate the ground conditions on the site before proceeding further. Information and advice on ground conditions is available from Building Standards, Barkers Pool House, Burgess Street, Sheffield, S1 2HF. If any coal shaft, adit or other coal working is encountered, no work must be carried out without the authorisation of the Local Planning Authority.
4. The applicant is advised that some buildings in the vicinity of the application site are adversely affected by the migration of methane gas from a former landfill site. It is not possible to predict accurately where the methane gas may be emitted. You are therefore advised to take precautionary measures to exclude gas from the building. Detailed advice can be obtained from the Building Standards Department of the Directorate of Environmental Services and Standards.
5. The applicant is advised to contact the Council's Design and Property, (Drainage and Bridges Division), 2-10 Carbrook Hall Road, Sheffield, S9 2DB (Telephone Sheffield 2734456) to seek approval for the proposed drainage arrangements, as soon as possible, prior to the commencement of development.
6. The applicant is advised that Yorkshire Electricity recommend that the developer consult with YEDL, Divisions 98 Aketon Road, Castleford, WF10 5DS, before committing to and commencing work on site. If a new supply or alteration to an existing supply is required you shall contact IUS New Connections, Cargo Fleet Lane, Middlesborough, TS3 8DG (Telephone 01642-258005).
27 Site Location
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N 0 E 1 C S LO O S CL E N O AC BE LOCATION AND PROPOSAL
The site is a slender strip of land, approximately 280 metres long and varying between 35 and 45 metres in width. The land generally slopes steeply down from north to south and is bounded by a reservoir and the rear gardens of houses on Sandstone Drive to the north and by the rear gardens of houses on Beacon Road to the south. To the west of the site is a large expanse of open space with a network of public footpaths which link through to Wincobank Wood and beyond. The site has a variety of scrub and vegetation dispersed across it, which appears to have regenerated over a number of years. It appears that the site could have been the subject of tipping at some point in the past.
It is proposed to develop the site for residential purposes by forming a continuation of Sandstone Road. The first part of the road would run below the embankment to the reservoir with 4 pairs of semi-detached houses and a row of 3 town houses constructed on the south-eastern side of the road (with rear gardens backing onto rear gardens of houses on Beacon Road). These houses would be 2 storeys at the front and 3 at the rear to accommodate the change in levels. As the road continues into the site there would be a further group of 7 pairs of semi-detached houses on the north-western side of the road (with rear gardens backing onto rear gardens of houses on Sandstone
28 Drive). These houses would be 3 storeys at the front and only 1 at the rear, again to accommodate the severe change in levels across the site.
At the end of the cul-de-sac it is proposed to erect a small apartment block, accommodating six 2 bedroomed flats in a one and two storey block, together with a public footpath to access the open space beyond. Where an embankment is formed to support the road (between the road and the rear gardens of houses on Beacon Road) this would be heavily landscaped to retain a green link through the site. Further landscaping would be introduced at the bottom of the embankment to the reservoir and adjacent to the apartment block.
PLANNING HISTORY
90/2212P – Outline planning approval for residential development on the site was granted on 26th March 1991.
93/1053P – Full planning permission for 28 dwellinghouses on the site was granted on 9th May 1995.
A small part of the road relating to the above development was constructed but this was subsequently not deemed to be a lawful commencement of development because many of the conditions of the development requiring details to be approved ‘before the commencement of development’ had not been complied with.
SUMMARY OF REPRESENTATIONS
Original submission
A petition containing 331 signatures was received, together with 11 individual letters from local residents objecting to the proposals on the following grounds
- increased noise & disruption due to heavy vehicles and building work - increased traffic following the occupation of the houses causing congestion and difficuly for emergency service vehicle access - increased air pollution, dust and debris resulting in health and safety issues to local children - threat to local wildlife (foxes, birds, frogs etc) and loss of recreation space contrary to council policies - devaluation of existing houses if the houses are to be housing association properties and possible increase in crime levels (non planning reason) - privacy and overlooking problems being caused to existing houses - site is Greenfield land – should be a preference for building on Brownfield land - loss of natural habitat area – approx 40-50 trees, bushes, gorse and ferns - concern over potential damage to the reservoir and associated pipework - proposed flats out of keeping with the character of the area - no indication of materials to be used in the development - loss of views, outlook and sunlight to existing houses
29 - potential drainage and land slippage problems causing damage to existing gardens - overdevelopment of the site - land is Green Belt and should not be built upon - the site has the potential for roman remains to be present
Sheffield Forgemasters, whilst having no objections to the proposed development in principle, are concerned about any impact the development might have on the operation of the reservoir. In particular they are concerned that the pipework underneath the proposed line of the road is at shallow depth and that this needs to be protected from any damage which might occur as a result of construction works. The new road also needs to accommodate adequate drainage in the unlikely event that an overflow of the reservoir occurs at any point.
Amended submission
Following notification about the amended proposals a further 4 letters of objection were received re-iterating the above points.
PLANNING ASSESSMENT
Policy Issues
The site is allocated as an Open Space Policy Area in the Unitary Development Plan (UDP), as well as being designated as an Area of Natural History Interest and a Green Link. It is identified in the Open Land Survey as informal recreation space, having a number of desire lines through it from nearby houses and from the wider open space area adjacent. However it is not of good recreational quality being unmanaged and unmaintained. The area is scrubland which has colonised the site, similar to other such areas which are left unmaintained. The most interesting and unusual feature of the vegetation on site is the existence of areas of heather.
The UDP Recreation Space Assessment shows that the catchment area is well above the guideline for informal open space, having 9.79 hectares per thousand population (the minimum requirement being 4.1-4.3 hectares) and is just below the minimum guideline for formal open space, having 1.47 hectares per thousand population (the minimum requirement being 1.7-1.9 hectares). Total provision is 11.26 hectares per thousand, almost double the minimum requirement of 6.00. Having regard to these figures, the development of this site would be allowed under the terms of Policy LR7 of the UDP, subject to improvements being made to existing open space, because its loss would take the provision down to 10.20 hectares per thousand, still well in excess of the minimum requirement.
Planning Policy Guidance Note 17 states that existing open space, sports and recreational buildings and land should not be built on unless an assessment has been undertaken which has clearly shown the open space or the buildings to be surplus to requirements.
30 The main objective of PPG17 is to ensure that there are sufficient local networks of high quality and well managed and maintained open spaces, sports and recreational facilities. The main consideration in this instance appears to be the issue of severance of a Desired Green Link and the ecological consequences of this. Under Policy LR5 (a) and (c) any development of this site would need to demonstrate that a high quality landscaped green link can be maintained through the site and that a public footpath access to the adjacent open space is retained.
Under Policy H16 of the UDP the developer is also required to contribute towards the enhancement of off-site recreation space in the catchment area of the site in line with Supplementary Planning Guidance on open space provision in new housing developments.
Planning Policy Guidance Note 3 - Housing
Under the terms of PPG3 the site is classed as ‘Greenfield’ and as such it is necessary to examine how the site performs in relation to the criteria in paragraphs 31 and 32 of this guidance. Although the presumption is that previously developed sites should be developed before Greenfield sites, PPG3 does not prevent greenfield development if it can be shown to be more sustainable.
It is considered that Sandstone Road is in a reasonably sustainable location for new housing – close to jobs and frequent bus services and not too far from local shops (about 800-1000 metres on Upwell Street). The development can also make use of existing infrastructure.
Highways Issues
There are no, in principle, highways objections to the proposed extension of Sandstone Road. The existing stretch of Sandstone Road needs to be upgraded to a Class 5A road to accommodate the site traffic, and the new road and part of Sandstone Road (stretching from the site to the junction with Sandstone Drive) would need to be traffic calmed.
Because the new highway would be supported by a retaining embankment it would be imperative that the road is constructed in accordance with the geotechnical survey that was undertaken as part of the previous approval.
The levels of car parking indicated on the plan as submitted are considered to be too high when compared with the requirements of Planning Policy Guidance Note 3. This needs to be revised and a condition is proposed to seek amendments to the provision.
A public footpath is indicated at the end of the new road to link into the adjoining open space area and an informal route that currently runs between plots 8 and 9 to Beacon Road is required to be formalised to ensure that public access is maintained as existing.
31 Design Issues
The width of the development site and its topography dictate that it is only possible to develop the site on one side of the road, although this gives the opportunity to retain a green corridor through the area.
Two house types are proposed, together with the small block of flats at the end of the cul-de-sac. They are of traditional appearance with brick facings and tiled roofs. The houses have gable ends and the flats have a hipped roof construction.
Existing houses in the vicinity of the site are all of brick construction and largely traditional 2 storey semi-detached properties. It is considered that the proposed new development will be in keeping with the general theme of the area.
A series of cross-sections have been submitted in support of the proposal to demonstrate the impact of the development on the contours of the land and on the amenities of occupiers of adjoining houses. It is considered that the split-level design of the houses makes good use of the changing levels and allows for the formation of usable garden areas, as well as ensuring that the impact on adjoining properties is minimised.
A landscaping scheme has been submitted in support of the proposals, which will enhance the setting of the development and compensate in part for the loss of the existing vegetation on the site, with new tree and shrub planting.
Archaeology Issues
In view of the proximity of the site to the Roman Ridge an archaeological evaluation of the site was necessary as part of the previous application. This was carried out by ARCUS in 1993. The findings revealed no trace of the Roman Ridge in this area and suggested that 19th/20th century landscaping works have had a serious adverse impact upon any remains that may once have survived in this area.
The South Yorkshire Archaeology Service have advised that an archaeological watching brief should be maintained during ground disturbance works and have recommended a condition to secure this.
Residential Amenity Issues
The layout of the proposed dwellings has been amended to take account of neighbours concerns in respect of privacy and overlooking issues. As mentioned earlier cross sections have also been submitted at regular intervals across the site to show the impact of the development on the existing houses above and below the site. In most cases these sections demonstrate that, due to the steepness of the land there is very little in the way of direct overlooking because, in most instances the houses look over the top of each other.
32 Window positions on Plot Number 11 have been revised to the gable elevation at the side (as opposed to at the rear) to ensure that overlooking to the houses below does not occur. In all cases houses are set well beyond the minimum distances usually required, due to the severe level changes. It is considered that privacy issues have been satisfactorily addressed by the proposals.
It should be borne in mind that the area has suffered from fly-tipping and nuisance from motorbikes in the past and this problem will be eradicated as a result of these proposals to the benefit of many local residents.
Landscape and Ecology Issues
The site is currently part of an Area of Natural History Interest in the UDP and is of particular importance because of the areas of heather that have colonised it, which is particularly unusual in Sheffield, and supports a variety of fauna. The Green corridor status of the site is considered important to aid the movement of species.
In order to mitigate against the loss of this scrub land the Ecology Service have recommended that the important heather species should be translocated to the proposed highway embankment, together with the introduction of other native species, to ensure that it performs a proper Green link function. The landscape architects have been made aware of this requirement and it is covered by condition.
Open Space Issues
As mentioned above, the catchment area of the site is well above the minimum guideline requirements for recreation space provision but in line with Policy H16 and LR7 the developer is required to contribute to the upgrade of existing space in the locality. Various areas are in need of enhancement, including the playground at Brightside Recreation Area, new formal sports provision, and woodland management and footpath improvements etc in Wincobank Wood.
Because the development of this site involves the loss of an existing recreation area the contribution has been calculated using Table 1 of the Supplementary Planning Guidance, which in this case amounts to a contribution of £39,460 which needs to be secured via a legal agreement.
Drainage Issues
There have been groundwater problems on part of this site in the past, which may be groundwater issuing from the steep hillside or connected to the reservoir or its pipe system. In addition it is believed that the private drain from numbers 105-137 runs along the hillside through the area and will need to be diverted or re-laid by the developer. This issue is covered by condition.
33 The developer must also ensure that no groundwater or surface water run-off is allowed to discharge onto the properties on Beacon Road below the site either during or after construction. This issue is also covered by condition.
Education Issues
The area is not one which is identified in the Supplementary Planning Guidance as one that has a shortage of school places and as such no contribution is required towards the provision of education facilities in the area.
SUMMARY AND RECOMMENDATION
It is acknowledged that this is a difficult site to develop due to its steeply sloping nature. However it is considered that the applicants have addressed this issue well by the use of split-level house types which accommodate the change in levels without the necessity of big retaining structures. The cross sections demonstrate that the development will not have an overbearing impact on neighbouring dwellings.
The loss of the scrubland is partly compensated for by the introduction of a landscaped strip and also by off-site contributions towards open space enhancements. The loss of the open space is acceptable in principle in policy terms in the UDP due to the high level of provision in the locality. Furthermore, the site performs reasonably well against the criteria set out in Planning Policy Guidance Note 3 and there are no significant highways concerns in respect of the proposals.
Having regard to the above the application is recommended for approval subject to the signing of a legal agreement to secure off-site open space improvements.
PROPOSED HEADS OF TERMS
On the commencement of development the developer is required to pay the sum of £39,460 to the council towards the provision or enhancement of public open space within the catchment area of the site.
34 Case Number 03/01738/FUL
Application Type a Full Planning Application
Proposal Use of part of building for prayer purposes (Application under Section 73 to vary Condition 1 imposed by planning permission 9A/0633P - Sole use of building as community centre)
Location 27-29 Rothay Road Sheffield S4 8BD
Date Received 08/05/2003
Team CITY CENTRE AND EAST
Applicant/Agent Hameed Al-Asaly
Recommendation Grant Conditionally
Subject to:
1 Notwithstanding the terms of the Town and Country Planning (Use Classes) Order 1987 or any statutory instrument revoking and re- enacting that Order, the building shall be used solely for the use hereby permitted and shall not be used for any other purpose within Class D1 including as a prayer room or mosque, without the prior approval of the Local Planning Authority.
In the interests of the amenities of the locality and occupiers of adjoining property.
2 The building shall be used for the above-mentioned purpose only between 0830 hours and 2100 hours on any day.
In the interests of the amenities of the locality and occupiers of adjoining property.
3 The playing of live or amplified music/sound shall not be permitted on site, unless otherwise authorised in writing by the Local Planning Authority.
In the interests of the amenities of the locality and occupiers of adjoining property.
4 Within a period of 6 months from the date of this approval, a scheme of works to protect the occupiers of adjacent dwellings from noise, shall have been implemented, details of which shall have been submitted to
35 and approved by the Local Planning Authority prior to installation. Thereafter the approved scheme shall be retained.
In the interests of the amenities of occupiers of adjoining property.
5 Notwithstanding the terms of condition 1 above, the upper floor of the building may be used for the purposes of a prayer room/mosque, between 1215 and 1415 hours on Fridays only, until 27th April 2005. Thereafter such use shall cease.
In the interests of the amenities of occupiers of neighbouring residential property, and to enable progress to be made towards obtaining alternative premises to house the mosque facility.
6 Within one month of the date of this permission, the applicant shall submit full details of proposals for the management and supervision of car parking associated with the use. Following approval of such proposals by the Local Planning Authority, such measures shall be implemented and thereafter retained.
In the interests of traffic safety and the amenities of the locality.
Developers attention is drawn to the following directives:
1. The above conditions are imposed in the interests of compliance with Policy H14 of the Unitary Development Plan for Sheffield.
36 Site Location
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St Thomas's Church
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7 1 1 6 Centre
LOCATION AND PROPOSAL
The application site is located at the junction of Rothay Road and Hawkshead Road, and consists of a two-storey building, with a frontage of approximately 18m, forming one half of a terrace of properties running from Hawkshead Road to Birdwell Road. Immediately adjoining the building is a terraced dwelling, with a mosque located on the corner of Rothay Road and Birdwell Road completing the terrace. The area surrounding the site is dominated by high density, terraced, residential property.
The ground floor of the building is currently used by the applicant as a community and training centre, under a permission granted in October, 2001(Ref.00/01306/FUL). That permission contained a condition which states that ‘Notwithstanding the terms of the Town and Country Planning (Use Classes) Order 1987 or any statutory instrument revoking and re-enacting that Order, the building shall be used solely for the use hereby permitted and shall not be used for any other purpose within Class D1, including as a prayer room or mosque, without the prior approval of the Local Planning Authority’.
Despite the condition, the building was used for prayer purposes, and enforcement proceedings commenced in accordance with authority given by the Board on 8th October, 2001. Subsequently the applicant submitted an
37 appeal against the imposition of the condition, which was due to be considered at an informal hearing in October, 2002. The applicant then withdrew the appeal just before the hearing. Following withdrawal of the appeal, officers had been involved in the gathering of evidence for a prosecution.
However, the use of the building for prayer purposes then ceased, and the applicant has submitted this current application, which seeks to amend the condition outlined above, to allow prayers to take place within the building on Friday lunchtimes, between the hours of 1215 and 1415, and at no other time.
The two-hour period specified by the applicant is to allow for time changes March and October. In fact, the Friday prayer typically lasts for 30 minutes, with 15 minutes either side of that involving arrivals and departures (1 hour in total).
The applicant has stated that the Arabic speaking community in Brightside, Fir Vale, Firth Park, Wensley and Grimesthorpe have no large hall for the important Friday prayer.
RELEVANT PLANNING HISTORY
Planning Permission was granted in 1978 for the use of the building as a staff training centre and Co-op guild, with a condition restricting the use to ‘a staff training centre and Co-op guild…. and not for any other purpose’ (Ref. 78/6489P)
Planning Permission was refused in 1990, for use of the building as offices, owing to lack of car parking. This application was subsequently allowed on appeal. (Ref.90/0630P)
Planning Permission was granted for the continuation of the use of the building as a community centre in October 2001 (Ref:00/01306/FUL). It is this permission that the current application seeks to amend.
SUMMARY OF REPRESENTATIONS
4 objections have been received to the proposals from neighbouring residents, on the following grounds:- - the building has been used for this purpose illegally for the last five years, - excessive car parking in a residential area, - cars park illegally, - access for emergency vehicles is often blocked, - the scheme has destroyed the local community, - other suitable mosques exist close by, - occupiers of the mosque did not comply with previous conditions, - local residents are threatened by visitors to the premises (non-planning reason), - building work takes place without any permission, - people sleep in the building,
38 - the building is used from 0430 to 0230 hours, - the building will be overcrowded and be a fire hazard (non-planning reason) - accidents will occur due to the associated levels of car parking,
PLANNING ASSESSMENT
Policy Issues
The site is identified by the Unitary Development Plan for Sheffield as being within a Housing Area. Within such areas, community uses are an acceptable use in principle, in the terms of Policy H10. However, Policy H14 seeks to ensure that developments in Housing Areas do not lead to noise, excessive traffic levels or other nuisance for people living nearby. These matters are considered in the sections below.
Impact on Residential Amenity
The building lies adjacent to dwellings to the north and east, and those on the opposite side of the road are within 15m of the building. The high-density nature of the area is such that the use of the building inevitably has some impact on the amenity of occupiers of neighbouring residential property. In this particular case the impact results from the activities associated with arrivals at, and departures from the building.
On arrival at the building and on departure, potential for disturbance to residents is caused by car doors banging, and vehicle engines starting. In addition members of the mosque tend to gather outside the property in large groups for periods of 10-15 minutes, usually after the prayer, which results in loud conversation taking place on the forecourt and adjacent footpaths, opposite residential property.
The condition imposed on the previous consent for the building means that mosque members have to use the adjacent, smaller mosque for prayers. The size of the group has now grown to such a level that all members cannot be accommodated within the building. The applicant has stated that in recent weeks, with the small mosque full, members have been praying outside the building on Fridays.
Beyond the religious festivals such as Ramadan, or Eid, the Friday lunchtime prayer is the busiest and best attended prayer session for all mosques. Prior to the use of the upper floor of the building ceasing it accommodated in the region of 130 people per session on a Friday. Further survey information, submitted at officers request, has identified that over a three-week period in July and August on average over 160 persons attended the mosque each Friday. The survey identifies that this number of people results in, on average, 34 vehicles visiting the area.
This number of visitors to the premises over a concentrated period has the potential to generate disturbance to residents, in such a densely developed
39 location. However, whilst this is the busiest prayer time, it is also the time when the fewest number of residents vehicles are parked on the streets surrounding the site. The mosque committee has also recently been managing car parking by its users in a way that relieves some of the problems of illegal parking on pavements, and across private drives.
This is not to say that the use, its parking, and gatherings on the pavements after prayers do not create some degree of nuisance for local residents. The application however proposes that this be limited to the one hour it takes for the prayer to be held and for mosque users to arrive at, and leave the premises. It is also necessary to note that whilst the application site can accommodate larger numbers than the existing smaller mosque, the activity takes place in the locality in any event, albeit on a reduced level.
In this context it is considered that as such disturbances would be limited to this very short period of time each week, the increased level of nuisance to residents, over and above that which occurs with use of the smaller mosque, is minimised, to the extent that it is considered unreasonable to resist the use of the building for prayers during this period on amenity grounds.
Highways issues
The site has no facility for the provision of off street car parking. The site is however within easy walking distance of bus services on Carlisle Street East, Upwell Street, and Holywell Road. The survey information provided by the applicant is in line with officers own observations at the site. In the middle of most weekdays Rothay Road is not heavily parked, Hawkshead Road has higher levels of on street parking, and Birdwell Road has sporadic parking.
The roads are then full of parked cars on Friday lunchtimes, coinciding with the prayer meeting. Parking from the mosque users spreads onto several of the surrounding highways, which means that for a limited period residents are inconvenienced by an inability to park close to their homes. However, whilst such inconvenience is recognised as being frustrating, it is for a very short period, and does not lead to significant highway safety problems. As stated above the previously experienced haphazard and illegal parking appears to have been eradicated by measures put in place by the Mosque committee.
In this context it is not considered that the proposal could reasonably be resisted on highway safety grounds. It is also however considered appropriate to formalise the supervision and management of car parking associated with the use by an appropriate condition.
Period of Consent
The applicant has referred in the supporting letter accompanying the application, to the need for the centre to take steps towards obtaining alternative, larger premises for mosque/community centre, acknowledging that the location is not ideal for such a facility.
40 It is considered that given the proximity of the site to dwellings, and the inconvenience and disturbance to residents (albeit for a limited period each week), consent should be given for a period of eighteen months, to allow for progress to be made towards alternative premises being secured for the mosque facility.
There is a clear need for such a facility within the locality, and at present the existing smaller mosque cannot accommodate all persons wishing to attend. A temporary consent would reflect the special circumstance of this case, and allow the group to be accommodated for the busier Friday prayer within the larger building, whilst remaining in use of the smaller building at other times.
Ramadan
The applicant has requested, outside the parameters of this application, that the building be available for use for the period of Ramadan (approximately one month, commencing on October 26th), as the smaller mosque is undergoing building work. Officers do not have the authority to grant such a request in the absence of a planning application for that purpose. Prayers during Ramadan commence as early as 0430 hours, and would finish around 2100 hours. The later prayer in particular, attracts large numbers. Surrounding highways are more heavily parked with residents home from work, and the disturbance to residents at this time is considered unacceptable. It is therefore considered that any such request would be difficult to support.
SUMMARY AND RECOMMENDATION
The proposal seeks to vary the existing conditions attached to the permission for use of the building as a community centre, to allow use for prayer purposes between 1215 and 1415 hours on Fridays. This will allow larger prayer gatherings to take place, which currently cannot be accommodated within the existing adjacent mosque facility.
The proposal will result in heavily parked local highways, and consequently a degree of nuisance, inconvenience and disturbance to neighbouring residents. However, such disturbances will be limited to a very short period each week and will allow a valuable community facility to operate more effectively. For this reason, it is recommended that permission is granted for a period of eighteen months to enable the applicant to progress attempts to secure alternative premises for the longer term.
41 Case Number 03/01765/FUL
Application Type a Full Planning Application
Proposal Alterations to building for use as extension to sauna massage at No.270 Sheffield Road
Location 268 Sheffield Road Tinsley Sheffield S9 1RD
Date Received 12/05/2003
Team CITY CENTRE AND EAST
Applicant/Agent Mr G Bennett
Recommendation Grant Conditionally with Enforcement Action
Subject to:
1 The building shall be used for the above mentioned purpose only between 0900 hours and 2330 hours, Mondays to Saturdays and 0400 hours and 2300 hours on Sundays and Public Holidays.
In the interests of the amenities of the locality and occupiers of adjoining property.
2 There shall be no live or amplified sound audible outside the premises.
In the interests of the amenities of the locality and occupiers of adjoining property.
3 The alterations to the shop front are not approved as part of this consent.
In the interests of the visual amenities of the locality.
Developers attention is drawn to the following directives:
1. The Director of Legal and Administrative Services has been authorised to take all necessary steps, including enforcement action and the institution of legal proceedings, if necessary, to secure the re- instatement of the original shop front or suitable alternative replacement. The Local Planning Authority will be writing separately on this matter.
42 h D t A Site Location a O P R
g D n i L IE w F o F T E D H A S 3
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LOCATION AND PROPOSAL
The site consists of a shop within a local parade adjoining Junction 34S of the M1 Motorway and the Sheffield and Tinsley Canal. The premises are already being used as a massage/sauna business. There is a pedestrian route to the rear of the premises which links into the subway system under Junction 34S and provides access to Sheffield Road on the west side of the roundabout.
A massage/sauna use already exists at No. 270 which was granted permission in March 2001. The applicants are applying to extend this into the adjacent property.
REPRESENTATIONS
A petition and an individual letter objecting to the ‘establishment of a sex shop’ at 266/268 have been received. The petition is signed by 317 people. The grounds of objection are as follows:
- the use is inappropriate where children and family people walk past to the shops and on route to Meadowhall - it would reduce the amenities of residents and other people who pass the site
43 - it would increase traffic and the increase in standing and turning vehicles would be a traffic hazard - it will increase crime and fear of crime - it would harm the status of the residential area - it would lower the standards of decency - it would harm community relations - visitors park outside other shops to avoid being seen entering the premises - premises and staff are likely to be subject of attacks from the local community - it is turning into a red light area.
PLANNING HISTORY
Planning permission was granted for the use of No. 270 as a massage parlour in March 2001, application 01/00345/FUL refers.
PLANNING ASSESSMENT
Policy Issues
The site lies in a local shopping parade as identified on the Unitary Development Plan (UDP) Proposals Map. A massage parlour/sauna is a use on its own. Therefore, in policy terms it needs to be decided on its merits. Policy S10 states that changes of use will be permitted where they would not lead to a concentration of uses which would prejudice the dominance of the preferred shopping use. In this case, retail uses do not dominate at present and there is also a high vacancy rate. Given these considerations and the benefits of maintaining a use in the building, it is considered that the proposal should not be turned down on policy grounds.
Amenity Issues
There are flats above the adjacent shops, the nearest being next door at No. 266 Sheffield Road. None of the objections refer to noise and disturbance being a problem and the existing massage parlour has operated for several years. There are only a small number of customers present at the premises at any one time and this is unlikely to change significantly if the extension is granted. It seems unlikely that customers would wish to draw attention to themselves when entering and leaving the premises by creating noise which is likely to disturb others. It is therefore concluded that the proposal should not have an unacceptable impact on local residents.
A number of the grounds of objections relate to moral issues. Moral scruples are not a material planning consideration and therefore should not be given weight in determining this application.
No evidence has been produced to show that the proposal would result in an increase in crime. In any case, issues associated with any illegal activity taking place in the premises or associated with attacks on people or property are a matter for the police and not the Planning Authority. Fear of crime can
44 be a planning consideration as it affects the amenity of the area. However, there would have to be clear evidence that this would be likely to result from the implementation of the proposal for it to be given any significant weight. In this instance, it is considered that the issue should not be afforded significant weight. Fear of crime is likely to be associated with a number of complex factors including the physical environment, the lack of activity and surveillance, and it would be difficult to justify a reason for refusal on this basis.
Access Issues
This parade of shops is served by approximately 20 off-street parking spaces with additional parking available on street. This is considered to be adequate and the proposed use is likely to have a lower parking demand than many alternative retail uses. Given this, there is no reason why the proposal should worsen traffic safety.
The applicants have indicated that access to the premises will be through the existing shop at No. 270 which already has permission.
Other Issues
One of the grounds of objection is that the proposal will worsen community relations. There is a risk of conflicts between certain elements of the local community and the users and operators of the facility. However, this is largely a matter for the police and not a land use planning consideration.
SUMMARY/RECOMMENDATION
Given the lack of demand for retail uses in this parade the change of use is considered to be acceptable in principle. There is no reason why there should be a significant impact on the amenity of the area or on traffic safety. It is therefore recommended that planning consent is granted.
Unauthorised alterations have been carried out to the shop front. The glazed areas have been blocked up and rendered leaving two small windows which are out of proportion with the building. It is therefore recommended that Members also authorise the necessary enforcement and legal action to secure the reinstatement of the original shop front or a satisfactory alternative.
45 Case Number 03/01770/CAC
Application Type a Conservation Area Consent Application
Proposal Demolition of buildings
Location Lancaster Complex Ball Street Sheffield S3 8DB
Date Received 23/05/2003
Team CITY CENTRE AND EAST
Applicant/Agent Tatlow Stancer Architects
Recommendation Grant Conditionally
Subject to:
1 The buildings shall not be demolished before a contract for the carrying out of works of redevelopment of the site has been made in accordance with Planning Permission granted under Reference 03/01771/FUL, and evidence of such contract has been supplied to the Local Planning Authority.
In order to protect the existing industrial activities on the site prior to the redevelopment commencing.
46 Site Location
50.6m
T
k l E 28 a E
W R T BU S R o TO lo Y N r R e C OA t D a R Regent Works W E LB P
N E E P S Garage E N D
LA N E NEEPSEND LANE T E E R T 50.3m S L L A B
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FB W & 3 a 2 rd El B BM 51.25m C dy 1 R Cornish Sub Bruce Works Sta 50.9m Works
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36
Demolition
The existing buildings on the site are of no historic value, being a group of more modern workshops, poorly presented to Ball Street and to the River Don. They form an unsightly group in a prominent position in the Kelham Island Conservation Area, close to several listed buildings.
Their demolition would allow redevelopment, enhancing the site and the area generally.
RECOMMENDATION
Grant, subject to the recommended condition
47 Case Number 03/01771/FUL
Application Type a Full Planning Application
Proposal Erection of 1 x 5-storey building with 3 retail/business units and 27 apartments
Location Lancaster Complex Ball Street Sheffield S3 8DB
Date Received 23/05/2003
Team CITY CENTRE AND EAST
Applicant/Agent Tatlow Stancer Architects
Recommendation Grant Conditionally
Subject to:
1 The development shall be begun not later than the expiration of five 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 full details of the proposed render to the walls shall have been submitted to and approved by the Local Planning Authority.
In the interests of the visual amenities of the locality.
3 The type and colour of the galvanised steel balustrades and gratings to the balconies shall be to the satisfaction of the Local Planning Authority and a sample of the galvanised steel proposed to be used shall be submitted to and approved by the Local Planning Authority before work is commenced.
In the interests of the visual amenities of the locality.
4 Before the development is commenced, full details of the proposed external works shall have been submitted to and approved by the Local Planning Authority.
In the interests of the visual amenities of the locality.
5 Before the development is commenced, full details of the proposed external fixtures and fittings, including CCTV, Satellite dishes and
48 aerials, lighting, and rainwater goods shall have been submitted to and approved by the Local Planning Authority.
In the interests of the visual amenities of the locality.
6 The development shall not be used unless the car parking accommodation shown on the plans has been provided and surfaced to the satisfaction of the Local Planning Authority and thereafter such car parking accommodation shall be retained.
In the interests of traffic safety and the amenities of the locality.
7 Before work on site is commenced, details of suitable and sufficient cycle and motor cycle parking accommodation within the site shall have been submitted to and approved by the Local Planning Authority and the development shall not be used unless such cycle and motor cycle parking has been provided in accordance with the details approved and thereafter such cycle and motor cycle parking shall be retained.
In the interests of traffic safety and the amenities of the locality.
8 Before work on site is commenced, details of a suitable means of site enclosure shall be submitted to and approved by the Local Planning Authority and the development shall not be used unless such means of site enclosure has been provided to the satisfaction of the Local Planning Authority and thereafter such means of site enclosure shall be retained.
In the interests of the visual amenities of the locality.
9 No dwelling which is shown on the plans to be provided with screen walls shall be used unless such screen walls have been erected to the satisfaction of the Local Planning Authority and thereafter such screen walls shall be retained.
In the interests of the amenities of the locality and occupiers of the proposed dwelling.
10 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 buildings 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.
49 11 Before the development is commenced, full details of the riverside public footpath/cycleway (including construction details, alignment, materials, drainage, lighting railings, gates, fixings and signing) shall have been submitted to and approved by the Local Planning Authority.
In the interests of traffic safety and the amenities of the locality.
12 Before construction of the riverside public/footpath cycleway is commenced, full details of the retaining structure supporting the public footpath/cycleway (including a dilapidation survey and structural calculations) shall have been submitted to and approved by the Local Planning Authority, and any necessary remedial works to such structure shall first have been completed in accordance with details which shall have been approved by the Local Planning Authority.
To ensure ease of access and facilities for disabled persons at all times.
13 The riverside public footpath/cycleway shall have been completed and open for public use not later than 6 calendar months after the first occupation of the flats hereby approved.
To ensure that the riverside public footpath/cycleway is duly completed as part of the development.
14 The two westernmost flats on each floor shall be designated Mobility Housing Accommodation and shall be fitted with:-(a) 1500mm wheelchair turning circles in bathrooms(b) 1200mm minimum width to corridors and landings(c) 800mm clear opening door widths within a 900mm structural opening(d) staircase access to ambulant disabled standards.
To ensure ease of access and facilities for people with disabilities at all times.
15 Before work on site is commenced, full details of suitable access and facilities for disabled persons, both to and within the buildings and also within their curtilage, shall have been submitted to and approved by the Local Planning Authority, and the development shall not be used unless such access and facilities have been provided in accordance with details that shall have received the prior written approval of the Local Planning Authority, and thereafter such access and facilities shall be retained.
To ensure ease of access and facilities for people with disabilities at all times.
16 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 installed in
50 accordance with Paragraphs 5.2 to 5.6 and 5.8 of the Noise Report by Hepworth Acoustics dated April 2003 and shall thereafter be retained,b. Include a fully ducted alternative ventilation system with in-line silencers, full details of which shall first have been submitted to and approved by the Local Planning Authority, and shall not be installed otherwise without the prior written approval of the Local Planning Authority.
In the interests of the amenities of the future residential occupiers of the building.
17 The residential accommodation shall not be occupied unless a scheme of sound attenuation works has been installed to the side ground floor wall between the residential and retail/business units, 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: Noise Rating Curve NR 25 (2300 to 0700 hours),Living Rooms:Noise Rating Curve NR 35 (0700 to 2300 hours),(Noise Rating Curves should be measured as a 15 minute linear Leq at the octave band centre frequencies 31.5 kHz to 8 kHz),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 residential occupiers of the building.
18 Before the use of any of the ground floor commercial units in the building for Food and Drink purposes (Use Class A3) is commenced a scheme of sound attenuation works shall have been installed and thereafter retained. Such a scheme of works shall:a) Be based on the findings of an approved noise survey of the application site, including an approved method statement for the noise survey,b) Be capable of restricting noise breakout from the Use Class A3 use to the street to levels not exceeding:(i) the background noise levels by more than 3 dBA when measured as a 15 minute LAeq,(ii) any octave band centre frequency by more than 3 dB when measured as a 15 minute Leq, c) Be capable of restricting noise breakout from the Class A3 use to the flats to levels complying with the following:Bedrooms: Noise Rating Curve NR 25 (2300 to 0700 hours),Living Rooms: Noise Rating Curve NR35 (0700 to 2300 hours),(Noise Rating Curves should be measured as a 15 minute linear Leq at the octave band centre frequencies 31.5 kHz to 8 kHz), Before such scheme of 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 locality and of the residential occupiers of the building.
51 19 Before the use of any of the ground floor commercial units in the building for Food and Drink purposes (Use Class A3) is commenced, suitable apparatus for the arrestment and discharge of fumes shall have been installed. Before such apparatus is installed full details thereof shall have been submitted to and approved by the Local Planning Authority, and thereafter retained and operated for its intended purpose.
In the interests of the amenities of the locality and occupiers of adjoining property.
20 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.
21 Before the use of the building for the purposes hereby permitted is commenced, written confirmation shall be given to the Local Planning Authority that the approved scheme of sound attenuation works has been installed in the building in full.
In the interests of the amenities of the locality and occupiers of adjoining property.
22 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 the interests of the amenities of the locality and occupiers of adjoining property.
23 No amplified sound shall be played within the Retail/Business units hereby approved except through an in-house amplified sound system
52 fitted with a sound limiter, the settings of which shall have received the prior written approval of the Local Planning Authority.
In the interests of the amenities of the locality and occupiers of adjoining property.
24 No movement, sorting, or removal of waste bottles, materials or other articles, nor movement of skips, 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.
25 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.
26 No amplified sound or live music shall be played nor shall loudspeakers be fixed at any time outside the building in the vicinity of the Retail/Business units hereby permitted.
In the interests of the amenities of the locality and occupiers of adjoining property.
27 No chairs or tables for customers or others shall at any time be placed outside the Retail/Business units hereby permitted without the prior written approval of the Local Planning Authority.
In the interests of the amenities of the locality and occupiers of adjoining property.
28 The Retail/Business units hereby approved shall be used for Food and Drink purposes (Class A3) only between the hours of 0900 and 2330 Monday to Saturday and 0900 to 2300 hours on Sundays and Bank Holidays.
In the interests of the amenities of the locality and occupiers of adjoining property.
29 Before the buildings are first occupied, all landscaped areas shall be covered by at least 500 mm of clean soil.
In the interests of public safety.
30 Any areas of unsuspected contamination identified during the development works shall be reported immediately to the Council's
53 Environment Protection Service at 2-10 Carbrook Hall Road, Sheffield 9 (Tel: 0114 273 4659). The building hereby approved shall not be occupied unless details of an appropriate remediation strategy shall have been submitted to and approved by the Local Planning Authority, and unless the implementation of such approved remediation works shall have been confirmed in writing as satisfactory by the Local Planning Authority.
In the interests of public safety.
31 The buildings hereby approved shall not be occupied without the submission to the Council's Environmental Protection Service of a post- remediation Validation Report providing details of remediation and testing undertaken during the development works. Such Validation Report shall provide details of: a) all material removed from the site including copies of waste consignment notes, andb) testing to confirm that any material brought onto the site for landscaping purposes is uncontaminated.
In the interests of public safety.
32 No development shall take place without the prior implementation of a programme of archaeological work in accordance with a written scheme of investigation that shall first have been submitted to and approved in writing by the Local Planning Authority.
To ensure that the archaeological features which lie within or adjacent to the site are recorded prior to the commencement of the development and are protected during the carrying out of the development.
33 Notwithstanding the Travel Plan submitted 7 October 2003 and before the development is commenced, a further Travel Plan shall have been submitted to and approved by the Local Planning Authority and thereafter shall be operated. Such further Travel Plan shall be based on the particulars contained in the Travel Plan already submitted and shall specify: a) clear and unambiguous objectives and modal split targetsb) a programme of implementationc) submission of progress performance reports to a specified timescaled) provision for monitoring, regular review and improvement. The further Travel Plan shall be reviewed annually, or at such other intervals as the Local Planning Authority shall have approved in writing and such regular reviews shall be submitted to and approved in writing by the Local Planning Authority.
In the order to promote sustainable travel to and from the site.
34 Once approved the further Travel Plan shall not be subsequently altered or modified without the prior written approval of the Local Planning Authority.
54 In order to promote sustainable travel to and from the site.
35 Within 6 months of the first occupation of any of the buildings hereby approved, written confirmation shall be provided to the Local Planning Authority of the establishment of the Travel Plan Works Group described in paragraph 3 of the Travel Plan hereby approved.
In order to promote sustainable travel to and from the site.
36 Before the development is occupied works to the trees on the river bank adjoining the site shall be carried out in accordance with a maintenance scheme which shall be submitted to and approved by the Local Planning Authority.
In the interests of visual amenity and safety of the public using the proposed riverside walk.
37 The development shall not be occupied unless all vehicular areas have been hard surfaced, sealed and drained in accordance with details that shall first have received the written approved of the Local Planning Authority.
In the interests of traffic safety and the amenities of the locality.
38 The gradients within the site shall not exceed 1 in 12, unless otherwise agreed in writing by the Local Planning Authority.
In the interests of traffic safety and the amenities of the locality.
39 Not later than 3 months from the first occupation of the development, the footway to Ball Street shall have been rebuilt in accordance with details that shall first have been submitted to and approved by the Local Planning Authority.
In the interests of traffic safety and the amenities of the locality
40 The development shall not be used unless all redundant vehicular crossings have been permanently stopped up and reinstated to footway, and the means of vehicular access shall be restricted solely to the access points indicated on the approved plans.
In the interests of traffic safety and the amenities of the locality.
41 Prior to the development commencing, details shall have been submitted to and approved in writing by the Local Planning Authority to ensure no surface water from the site discharges onto the adjacent highway.
In the interests of traffic safety and the amenities of the locality.
55 42 Prior to the development commencing, details shall have been submitted to and approved in writing by the Local Planning of appropriate bicycle/motorcycle changing, showing, locker and clothes drying facilities for staff, to be provided and thereafter retained, unless otherwise approved in writing by the Local Planning Authority.
In the interests of traffic safety and the amenities of the locality.
43 Before the development is commenced, full details of car park boundary treatments are to be submitted to and approved in writing by the Local Planning Authority, the approved boundary treatments to be provided and thereafter retained.
In the interests of traffic safety and the amenities of the locality.
44 The site shall be developed with satisfactory systems of drainage for foul and surface water.
In the interests of satisfactory drainage
45 No development shall take place until details of the proposed means of disposal of surface water drainage, including details of any balancing and off-site works, have been submitted to and approved by the Local Planning Authority.
To ensure that the development can be properly drained.
46 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.
To ensure that no surface water discharges take place until proper provision has been made for their disposal.
Developers attention is drawn to the following directives:
1. The applicant's attention is drawn to the need for all necessary highway consents and licences relating to the works to be obtained by the contractor at least four weeks in advance of works commencing. Contact Paul Turner (0114) 2736137.
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.
56 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 hours to 1800 hours Monday to Friday, and 0800 hours to 1300 hours on Saturdays with no working on Sundays or Bank 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. You are advised to ensure that any external lighting installed on the site complies with the guidance of the Institute of Lighting Engineers in their document "Guidance Noted for the Reduction of Light Pollution", in order to prevent loss of amenity from obtrusive lighting. This is available from the Institute of Lighting Engineers (Tel: 01788 576492. Fax: 01788 540145).
5. You are advised that the River Don is designated as a SSI (Site of Scientific Interest)/ANHI (Area of Natural History Interest) and therefore in line with policies contained in the Unitary Development Plan should be protected during development of the adjacent site. The River and its banks are the habitat of the Water Vole, which is protected by inclusion on Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) in respect of Section 9(4). Under this legislation the habitat of the water vole is protected, and states that any work on areas that water voles use must be protected. The Act also says that it would be an offence to disturb water voles while they are using such a habitat. Kingfishers are also recorded from this area of the River Don. These birds are protected by legislation in The Wildlife and Countryside Act 1981 (as amended). In addition to the protection that most wild birds are afforded under the Act, Kingfishers appear on Schedule 1. This lists birds, which are protected by special penalties. Kingfishers nest in a variety of places including under bridges and in suitable holes in walls and other structures. Therefore care must be taken in relation to the walls adjacent to the River Don and its banks when any construction work is carried out including the construction of the riverside walk. As a general guideline any work carried out should be outside the bird-breeding season. This is usually taken to be the end of February to the end of July. Species Conservation Advice is attached. The applicant should contact the Ecology Unit if they require further advice on any of the points above. (Tel: 0114 273 4481).
6. You are advised that the riverside footpath/cycleway may also be required to allow emergency access to the river bed from Ball Street. No obstructions should be placed in the way of such access. Further
57 information may be obtained from the Environment Agency Tel: 0113 213 4909.
Site Location
50.6m
T
k l E 28 a E
W R T BU S R o TO lo Y N r R e C OA t D a R Regent Works W E LB P
N E E P S Garage E N D
LA N E NEEPSEND LANE T E E R T 50.3m S L L A B
El Sub Sta e ag ar G
L AN CA ST ER S TR El Tk E 9 ET Sub Sta 0 Works Neepsend Rolling Mills R s k iv r e o Works r W D n 5 io o 4 n L 3 4
Lancaster Complex
5 FB 6
FB W & 3 a 2 rd El B BM 51.25m C dy 1 R Cornish Sub Bruce Works Sta 50.9m Works
W e ri Ball Bridge
C
O 0 R 1 N to I 4 S
H T S E T E R 1 4 R E t o 4 T E 6 S T L s Cornish Place L k A or B
W
8 be 6 lo G
12
7
6
o
t
7 4 Weir
14 -35 - 9 fe 8 if cl Bro rn okl a ks yn h or Wo W W rks
3
2 7 7
36
LOCATION AND PROPOSAL
This riverside site is occupied by a number of workshop buildings adjacent to the Ball Street Bridge over the River Don. Access is currently from Ball Street.
The site lies on a historic stretch of the River Don within the Kelham Island Conservation Area, with many listed buildings close by. Cornish Place (Grade 2*) is directly across the river, with Brooklyn Works (Grade 2) across Ball Street. Both Ball Street Bridge and Kelham Weir next to the site are Grade 2 listed. Lion Works across Ball Street, although unlisted, contains the rear wall to a crucible furnace. The building at the corner of Ball Street and Lancaster Street was formerly a street corner public house typical of the area.
The proposal is to demolish all existing buildings and erect new flats for sale with ground floor commercial units in a faceted block. The scheme includes a section of riverside footpath and cycleway, joining Ball Street next to the proposed commercial units, closing the existing access. Vehicular access will
58 be from Lancaster Street and Neepsend Lane at the rear, via a courtyard with a number of car parking spaces.
The applicants have revised the scheme for their own reasons. The elevations have been simplified, and a link block to the adjoining Ball Street/Lancaster Street development (still under consideration) has been provided, with an extra ground floor commercial unit. The riverside walk will now run within the site to Ball Street, instead of bridging the goit and breaking through the parapet to the listed Ball Street Bridge.
PLANNING HISTORY
On 27 July 2002 permission was granted on the adjoining rolling mills site for 2 x 4 storey and 1 x 6 storey residential blocks, 1 x 4 storey office block, 53 parking spaces, and a section of riverside footpath and cycleway. The scheme included the reuse for office purposes of the former Victorian office block on Neepsend Lane, and the use of land across Neepsend Lane for 77 parking spaces. A phasing condition ensured that the business space would be provided.
The proposed centre block by the river has since been reduced from 6 storeys with a car park beneath to 4 storeys with a residential ground floor. This is considered an improvement.
A financial contribution of £30,000 towards a public art footbridge over the river accompanied the approved scheme. At the north end of the site a small area to be retained for open space has since been found to contain the remains of a crucible furnace.
Another current proposal for land on Neepsend Lane, Lancaster Street and Ball Street (No’s 03/01880/FUL and 03/01881/CAC) accompanies the present application. This revises the original permission by converting the Victorian office block to 16 flats and relocating the workspace in a new 3 storey block, with the retention of the former public house facade on the street corner. This will be reported in the near future.
Both the current applications, ie the present scheme and the revised Neepsend Lane scheme, are intended to complement the scheme already approved, and complete the whole site.
SUMMARY OF REPRESENTATIONS
One objection letter received: (1) 24 full time jobs located on this site (2) Significant threat to the viability of all these businesses.
English Heritage: No Comment. Defer to the detailed scrutiny of specialist conservation officers on design matters.
Conservation Area Advisory Group: The Group felt that there was inadequate information on the context and detail of the proposal to determine the
59 application, but the Group expressed no objection in principle to the proposed location, height and footprint of the residential development (22 July 2003)
Area Co-ordinator: No comment.
Upper Don Walk Trust: Detailed finishes should be in sympathy with setting, be it historic, industrial or modern. Tarmac and block paving may be inappropriate. Adoption is crucial, and future maintenance should be minimal. Positive dialogue needed to develop appropriate options.
Sheffield One: Welcome the investment in the City Centre on this prominent site, subject to detailed design and listed building issues. Request favourable consideration.
ASSESSMENT
Policy
The site lies within a General Industrial Area in the Unitary Development Plan, and Policy IB5 lists offices (Business Use Class B1) as acceptable, and residential as unacceptable. It also lists as acceptable small shops under 280 square metres gross floor area, offices used by the public, and food and drink. Policy IB9 requires that (a) the dominance of industry and business in the area should not be prejudiced, (b) any residents should not have unacceptable living conditions, (c) buildings should be well designed, and of a scale and nature appropriate to the site, and (d) development should be adequately served by transport facilities with safe highway access and appropriate off-street parking.
Policy BE16 requires development to preserve or enhance the character or appearance of Conservation Areas, retaining buildings making a positive contribution, and encouraging redevelopment of sites detracting from their character.
Policy GE17 requires the protection of rivers and streams for the benefit of wildlife, the setting back of new development from the banks of major rivers, and the creation of a continuous public footpath along one bank of major rivers, except where this would conflict with important nature conservation interests or public safety. The River Don is a major river.
Policy GE20 requires on-site protective measures as necessary to overcome flood risks, otherwise development will not be permitted.
Policy GE25 requires effective treatment of any land contamination, otherwise development will not be permitted.
Policy H2 states that Inner Sheffield and the City Centre is one of two main locations for housing development. The site is outside the City Centre, but within Inner Sheffield.
60 Policy H7 encourages all new housing developments to have a minimum of 25% of units to Mobility Housing standards.
Policy H16 requires new housing developments to have some kind of open space provision for the benefit of residents.
Policy T21 requires car parking provision where it would meet the operational needs of businesses, and be essential for the viability of new development. Car Parking should also comply with the Parking Guidelines. However, Planning Policy Guidance 3 and 13 converts these to maximum requirements.
Land Use
This site is on the edge of a General Industrial Area. The Cornish Place flats across the river are in the Kelham Mixed Use Area, where Housing is a preferred use.
The previously approved scheme on the adjacent rolling mills site consisted of 98 flats and 2,910 sq metres of business workspace. It was considered acceptable although contrary to the UDP because of (a) its marginal position within the general industrial area, (b) its awkward shape, making future industrial use unlikely, (c) the opportunity to provide a riverside walk in line with planning policy, and (d) the managed workspace is likely to employ around 215 office jobs, well in excess of the numbers formerly employed on the rolling mills site.
The first three considerations apply with equal force to this proposal. In relation to the fourth, the revised overall balance of uses on the all the sites needs to be borne in mind.
On the original scheme, the middle residential block by the river has already been reduced from 34 flats to 32 (referred to above). The former offices are now to be changed from business space to 16 flats as part of the other proposal still under consideration (03/01880/FUL). Together with the 27 flats in this application, the total residential will be 139 flats, a slight increase.
The business space, now to be located in new buildings on Lancaster St (03/01880/FUL), is to be a total of 2,191 square metres, a slight reduction on the original, although a bigger site. However, the managed workspace proposed is still capable of accommodating about 200 employees, a reasonable figure compared with the previous industrial uses.
The 1998 Business and Land Survey gives figures for North West Sheffield (UDP Area 2), in which this site is located. It shows that relative to the City as a whole this Area does not suffer from a shortage of land that is readily available for industrial development. It is also close to the Central Area (UDP Area 10), which is relatively well provided with industrial land.
61 The four retail/ business units on the ground floor are each 60 to 70 square metres gross floor area, making 262 square metres in total. This complies with policy and is acceptable.
Exceptionally, this mix of uses on this site, including an important length of riverside footpath, is considered acceptable in principle without setting a precedent for the development of other industrial land nearby.
Noise
According to the applicants’ noise report, the site lies within Noise Exposure Category C, requiring sound attenuation works to ensure satisfactory living conditions. At present, the main noise source is road traffic. However, there are numerous industrial uses nearby that could recommence at any time and work all hours.
The following sound attenuation measures are covered by condition: (a) acoustic glazing to the flats, (b) alternative ducted ventilation to the flats to a high standard, (c) acoustic separation of the ground floor retail business units from the ground and upper floor flats, (d) Noise breakout from any ground floor Food and Drink Use, (e) Validation of all the above.
Conditions also control outdoor seating, hours of use and external loudspeakers to any Food and Drink use, external plant and equipment, delivery hours, and movement of skips, bottles etc at night.
Such measures will ensure that satisfactory living conditions are provided for future residents.
Contaminated Land
The site is only slightly contaminated, most of it being covered with concrete slab. This can be dealt with by covering all landscaped areas with 500mm of topsoil, with precautionary conditions to require remediation of any unsuspected contamination.
Flood Risk
The applicants have designed the scheme so that the finished ground floor level is 600mm above the 1 in 100 year flood level. This arrangement meets the Environment Agency’s requirements.
Design
The architects have responded with imagination to the historic surroundings. The faceted building fits well into the space available, returning by the old goit next to Ball Street Bridge. The riverside footpath and cycleway is 3 metres wide next to that already approved on the adjoining site, widening to 8 metres next to its junction with Ball Street. This could be an attractive spot, especially if a shop or cafe were to occupy some or all of the ground floor units.
62 As with the adjoining scheme, the patio level to the ground floor flats is 600 mm above the riverside footpath, to allow residents a view over their boundary wall without passers-by on the footpath being able to see in.
The 5 storey building is to be a maximum of 16.5 storeys high, matching almost exactly the height of Cornish Place across the river, and continuing the scheme already approved. The facets have monopitched roofs each behind an angled parapet, the top floor being set back slightly to add visual interest. The elevations are well relieved by balconies and windows of various sizes.
Three of the ground floor units are within the main block. The fourth is housed in a 3 storey building with upper floor links to the business space proposed on the adjoining site.
The main walls are to be in a subdued red brick (Baggeridge Oxidium red multi), similar to Brooklyn Works across the river. The top floor and the shadow gap between the facets are to be in through coloured render of a colour to be approved. The staircase and lift shafts at the rear are to be in cedar cladding.
The roof is to be in grey/silver single ply membrane with aluminium cladding to the eaves parapet. Windows will be in grey powder coated aluminium, with galvanised steel for the balconies and exposed steelwork.
The choice of materials is considered to blend a domestic and industrial feel in a contemporary style, fitting well with this prominent and important site in the Conservation Area. Overall, the scheme makes a successful composition that will considerably enhance the surrounding area.
Mobility Housing
Of the 27 flats, 10 have bathrooms with 1500 mm turning circles for wheelchairs. This gives satisfactory provision well in excess of the 25% required by planning policy. The provision of satisfactory doorwidths etc for these flats is covered by condition.
Open Space Provision and Public Art
The applicants have asked for the financial contributions for open space and public art to be considered together for the whole site covered by all three applications. This is considered reasonable in this instance.
A sum of £135,135 would be required towards open space provision for all 139 flats. In the scheme already approved, the riverside walk was accepted in lieu of payment. Indeed, it is likely to cost more, considering the need to construct it to an adoptable standard, with surfacing, railings, lighting, gates, bollards and so on. Although in partnership with a commercial developer, the applicant’s role as a social housing provider needs to be taken into account. So also does the Planning Obligation under Section 106 already signed for
63 £30,000 towards a public art footbridge across the river to Waterloo Walk. In the circumstances, the proposed 250 metres of footpath is acceptable in lieu of an open space contribution.
No further public art contribution is considered necessary.
Ecology
There are no ecological objections to the scheme. In fact, the opening up of the riverside for recreation is supported.
However, care will be needed because of the trees, mainly crack willow and alder, within the river channel. The River Don and its banks are classified as a Site of Scientific Interest in the Sheffield Nature Conservation Strategy and as an Area of Natural History Interest in the Unitary Development Plan. It also forms part of the network of Green Corridors and Links within the City.
The wooded bank is used by many species of birds, notably Kingfisher. Water Vole have been reported along this stretch of the river. Both species are protected under the Wildlife and Countryside Act, and intentional damage to their nests, eggs, places of shelter would be an offence, as would to kill or injure the birds or animals themselves.
The applicants’ obligations are covered by a directive, and specific advice from English Nature can be forwarded with the decision notice.
Archaeology
The buildings on site formed part of the Lion Steel Works and later the Ball Street Works, which were mainly used for the manufacture of shovels and spades. They have since been heavily altered and rebuilt leaving little above ground of interest, except for the frontage to the River Don. Here there are a number of blocked windows indicating a former basement level. Any internal features may be sealed beneath the floor of the modern building above. Borehole information suggests a depth of made ground, potentially indicating earlier floors and dumps of material associated with metal working.
There is thus some potential interest. Prior evaluation is not possible, and there is a need for investigation, recording, observation during demolition, and investigation of below ground deposits. It is important to establish whether more detailed excavation and recording is required, and if so to undertake that work. This is covered by condition.
Phasing
The applicant intends to build this development after most of the residential and workspace element in the other applications. In order to let the retail/business units on this site, the riverside walk would need to be complete at least near Ball Street.
64 As a precaution, the completion of the riverside walk is conditioned for 6 months after the first occupation of the flats.
Highways Matters
The main issue is the riverside footpath /cycleway, which needs to be to an adoptable standard. Full details are needed (including construction details, alignment, materials, drainage, lighting, railings, gates, fixings, and signs) as well as a structural survey of the wall to the river bank.
This is covered by conditions, as are other matters such as parking, surfacing, 1 in 12 gradients, redundant vehicular crossings, reinstatement of the Ball Street footway, rainwater discharges to the highway, cycle and motorcycle parking, cycle lockers and shower facilities, and boundary treatments.
In addition, further details are required of the Travel Plan, to ensure implementation to a timescale, improved monitoring and review. This is also conditioned.
Existing Industrial Occupiers
Five existing firms occupy the Lancaster Complex at present, engaged in a variety of manufacturing activities.
Written assurances have been received to the effect that: (a) the owner of the complex is discussing relocation with his tenants, (b) he is identifying alternative properties with vacant possession in nearby locations, (c) he has set aside a compensation package to assist, (d) a market survey indicates that approximately 40 industrial units are available within a 3 mile driving distance of the site, (e) two tenants have started to make their own arrangements.
The situation is fluid, but it is hoped that other accommodation will be available to all tenants by January 2004.
RESPONSE TO REPRESENTATIONS
See report above.
CONCLUSION
This proposal, along with that for the adjoining site on Lancaster Street and Ball Street still under consideration (03/01880/FUL), will complete the whole site and allow the development approved last year on the rolling mills site to proceed.
The proposal is considered to be a welcome mixed use addition to recent developments along the River Don, enhancing a special site in the conservation area and providing an important section of riverside footpath and cycleway.
65 RECOMMENDATION
Grant, subject to the recommended conditions.
66 Case Number 03/02157/REM
Application Type an Approval of Reserved Matters
Proposal Erection of 100 apartments in a 1 x12-storey building with ground floor A1 use (retail)
Location Riverside Exchange Bridge Street Sheffield
Date Received 19/06/2003
Team CITY CENTRE AND EAST
Applicant/Agent Hadfield Cawkwell Davidson
Recommendation Reserved Matters Approved Conditionally Subject to the completion of a Legal Agreement
Subject to:
1 Before the following works are commenced, full details thereof shall be submitted to and approved by the Local Planning Authority:i) facing materials including a sample panel of the facing brickworkii) the balconies and supporting columnsiii) the gates between the building and the multi-storey car parkiv) the roofv) the shop frontvi) external lightingvii) external cycle stands.
In the interests of the amenities of the locality and occupiers of adjoining property.
2 The development shall not be used until facilities for the collection of waste for recycling have been provided in accordance with details which have been agreed by the Local Planning Authority.
To encourage sustainable development.
3 Before the development is commenced, full details of external paving and soft landscaping shall be submitted to and approved by the Local Planning Authority, proposals for the soft landscaping shall include a minimum of 500 mm of clean material as a capping layer.
In the interests of the amenities of the locality.
4 The soft landscaping shall be provided by the end of the first planting season following the use of the building commencing.
In the interests of the amenities of the locality.
67 5 When the above-mentioned landscaping has been carried out thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced to the satisfaction of the Local Planning Authority.
In the interests of the amenities of the locality.
6 The design of the proposed service bay is not hereby approved, full details of which shall be submitted to and approved by the Local Planning Authority prior to provision.
In the interests of traffic safety and the amenities of the locality.
7 The use of the development shall not be commenced until the following works have been carried out or provided:i) external pavingii) external lightingiii) service bayiv) the gatesv) cycle parking.
In the interests of the amenities of the locality.
8 The development shall not be used unless the noise attenuation works described in the acoustic survey report by Hoare Lea have been provided.
In the interests of the amenities of the locality and occupiers of the proposed dwellings.
9 Unless otherwise agreed in writing a fully ducted ventilation system shall be provided to the residential accommodation in accordance with details which shall be submitted to and approved by the Local Planning Authority.
In the interests of the amenities of the locality and occupiers of the proposed dwellings.
10 The development shall not be used unless works to prevent the transmission of noise from the ground floor retail use to the flats above have been installed in accordance with details which shall have been submitted to and approved by the Local Planning Authority.
In the interests of the amenities of the locality and occupiers of the proposed dwellings.
11 No service deliveries to or refuse collections from the shop unit shall take place outside the period 0800 - 2200 hours on any day.
In the interests of the amenities of the locality and occupiers of the proposed dwellings.
68 12 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 the proposed dwellings.
13 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 thereafter retained.
In the interests of the amenities of the locality and occupiers of the proposed dwellings.
Developers attention is drawn to the following directives:
1. As the proposed development will involve the closing/diversion of a footpath(s) you are advised to contact the Director of Legal and Administrative Services, Town Hall, Sheffield, S1 2HH, as soon as possible with a view to the necessary authority being obtained for the closure/diversion of the footpath(s) under Section 257 of the Town and country Planning Act 1990.
2. The applicant is advised that the decision to approved the application has been influenced by the quality of the design and the Local Planning Authority expects that the quality will be retained and reflected in the details of the items for which approval is still required.
3. The applicant should install any external lighting to the site to meet the guidance provided by the Institute of Lighting Engineers in their document "Guidance Notes for the Reduction of Light Pollution". This is available from the Institute of Lighting Engineers, telephone 01788 576492 and Fax Number 01788 540145.
4. Noise and vibration from demolition and construction sites can be controlled by Sheffield City Council under Section 60 of the Control of
69 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.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 Sheffield City 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. Telephone Number 0114 2734651.
Site Location
Foster 47.2m
9
8 4 t M 7 Cracknell o
t 6 I B
1 o 4 L M
0 1 o L
0 1 t S 4
4 1 A 7 . N 4 D 5 Fos ter m S
Works
Warehouse 47.9m
E PLUM LAN Foot Bridge
4
0
Works 7
TREET 5 PLUM S
W
o
W orks r k
s
M I L L
S
5 5 A N Multistorey Car Park D S
D
e
p
o
t W orks Depot 1 Works 9
L O V E S 2 T
R 1
E 5 E T 46.9m
Works 33 ST LOVE
LOCATION AND PROPOSAL
This part of the Exchange Brewery site lies at the junction of the spine road with Bridge Street. It adjoins a new multi-storey car park and across the spine road are new flats which are now fully occupied.
Originally submitted as the erection of 110 apartments and ground floor Class A1/A3 use, the scheme is now for 100 apartments and Class A1 shop use at
70 ground floor. The building would be eleven storeys in height; it would be the tallest building on the site and in the local area.
PLANNING HISTORY
Outline permission has been granted for a mix of uses at the site including residential. The application site itself has permission for the erection of a four storey office block of the same design as those which have now been erected. An application to erect a further two storeys on the adjoining multi-storey car park has also been submitted (ref: 03/02158/FUL).
REPRESENTATIONS
One letter has been received commenting that the building is too high in comparison with existing buildings. That the building would block out much of the light to their flat on the adjoining site and adversely affect the property’s value.
ASSESSMENT
Policy Issues
Planning permission has already been granted for the use, this is a reserved matters application. However, the whole Exchange Brewery site is allocated as a Fringe Industry and Business Area in the UDP and the preferred uses must remain the dominant use. For that reason the outline permission contains a condition requiring 50% of the Exchange Brewery site to be used for Class B1 business purposes.
Design and External Appearance
At the height proposed it is essential that the building has sufficient quality to justify its prominence in the area. The applicant has submitted photomontages which show views of the building from various positions in the locality. The adjoining flats vary in height, the highest block is eight storeys but this is the most distant block. The blocks nearest to the application site are six storeys high. It should be noted that the south elevation is deliberately fairly blank except for the top three stories because it adjoins the multi-storey car park. This assumes that the car park will be increased in height but the application for this has still to be determined.
It is a good design principle for tall buildings to have a distinct tower-like form rather than be bulky and slab-like. This building has a fairly small footprint because of the restricted dimensions of the site. Therefore it retains a vertical emphasis without the need to have a higher ‘tower’ section as is commonly now employed on larger buildings. It is considered that the proportion of horizontal length to height is acceptable.
71 The main architectural feature is the distinct curve of the north elevation which is further emphasised by using curved projecting balconies to the flats on this elevation. Balconies of various forms are used on the other elevations as well, giving an interest and providing large areas of glazing.
Each of the long elevations i.e. facing Bridge Street and the River Don, has a projecting section which is rendered and contains balconies, this gives further vertical emphasis and increased variety to these sides.
Part of the top two floors is also rendered but the main facing material is brick. However, it is proposed that a light coloured buff brick is to be used and the render will be white. This is a deliberate departure from the red brick which has been used ubiquitously on the rest of the development and should give a feeling of lightness to the building’s appearance. The balconies will be steel with glass infill panels, the use of glass is important because of its lightness and transparency. The shop unit will have a fully glazed frontage on the north elevation which extends round the whole of this curved elevation.
It is considered that the above features will produce a building which has a quality which justifies its height and therefore prominence in the Riverside area.
Residential Amenity – Future Occupiers of the Building
Members have expressed their concern over the lack of facilities such as shops and restaurants/bars at this site, when they considered recent applications. Partly as a result of this the application proposed either of these uses on the ground floor of the building. However, a Class A3 use surrounded by residential property is a source of potential noise and disturbance problems and on this large site the potential exists to locate such a use elsewhere. Therefore, permission is now sought for shop use (Class A1) only, the applicants consider that a convenience store could be attracted here. The developer is now looking to provide a Class A3 use nearer to the office uses and the riverside walk.
The flats will still require glazing and ventilation designed to attenuate road noise and a structure which prevents noise conduction from the shop unit.
Residential Amenity – Occupiers of Adjoining Buildings
Members may recall that planning permission has been granted for a nine storey block of flats located on an adjoining plot of land between the new bridge and the spine road. If permission is granted the earlier proposal will not go ahead. The applicants intend that the rest of the site (adjoining the river) will be used for offices and the building would be over four metres lower than the approved residential block (25m v 29.5m). The applicants suggest, therefore, that though the application building is eleven storeys its affect (in terms of daylight and sunlight) on the nearest existing flats will be offset by a better situation for the flats in the existing block adjoining the riverside, i.e. those closest to the block which has permission. However, having examined
72 the daylight and sunlight effect in detail the result of building an eleven storey residential block instead of the approved four storey office block on the application site is so substantial that the overall shading affect, though offset, is generally increased.
To analyse whether the effects are acceptable a computer model showing the shading effects on both the nearest existing residential blocks has been used and the affects on daylight (i.e. the ambient level of light) and sunlight (i.e. direct unimpeded sunlight) have been studied against Building Research Establishment (BRE) guidelines.
The BRE methodology for daylight requires that a percentage figure for what is called the Vertical Sky Component is found at the affected windows. The lowest flats are at first floor level and therefore to show the worst effects two were chosen on the riverside block (Block E) and one on the Bridge Street block (Block D). There is however one flat at ground floor level on Block D and this was also considered (window D). All are below guideline figure of 27% no matter which scheme is built but a comparison of the two schemes shows the following:
Consented Scheme Current Scheme Result Vertical Sky VSC Component
Block E-Window 23.50% 23.25% No change A Block E-Window 20.50% 23.25% Improvement B Block D-Window 24.25% 22.25% Worse C Block D-Window 23.75% 20.50% Worse D
This demonstrates that the effects on daylight are not substantial but will improve slightly for those in the riverside flats and vice-versa for those on Bridge Street.
In respect of sunlight the BRE recommend that 25% of the annual probable sunlight be available at the reference point including at least 5% in the winter months. This was analysed for both windows in Block D, i.e. those most affected by the proposed development. It was found that they had 50% of the annual sunlight and 11% in the winter months i.e. double the recommended level.
Due to the most significantly affected elevations on the existing blocks, facing south they benefit from a high level of sunlight and though no analysis has been undertaken, probably a higher level of daylight than many City Centre flats including some within the courtyard of the same complex, especially those facing north. Therefore, while some existing residents will experience a
73 diminution in the level of daylight and sunlight they enjoy, the resultant levels are not unacceptable especially for a City Centre apartment development.
However, it is considered that both the nine storey development and the application development together would result in the unacceptable increase in shading of the existing flats. Therefore, the applicant has given a unilateral undertaking under Section 106 to the effect that only one of these developments will take place. This will also help to ensure that the requirement to develop at least 50% of the site for Class B1 purposes is not infringed.
Highway and Transport
No parking provision is made on site but the applicants intend to make 72 spaces within the multi-storey car park available for the residents. Servicing will take place from a service layby on Bridge Street. Cycle parking will be provided within the building.
Open Space Provision
Policy H16 requires that open space be provided in residential developments or contributions be made to its creation or improvement in the locality. Condition No. 16 of the outline permission makes the requirements of Policy H16 explicit in respect of the Exchange Brewery development. Therefore, the legal agreement referred to above will include the payment of £57,120 for the improvement or creation of open space within a 1 kilometre radius of the site. It is probable that the money will be used to help provide a ‘pocket’ park on Nursery Street adjoining the new bridge.
Access and Facilities for People with Disabilities
Two mobility flats are provided on each floor giving 20% provision which is considered acceptable. Disabled parking is available in the car park adjoining. The shop will be fully accessible.
CONCLUSION
The principle of residential development has already been established and the majority of the Exchange Brewery site will remain available for business development as UDP policy requires, if approval is granted.
The main issue concerns the height of the proposed building in respect of urban design and shading the existing flats to the north. It is considered that provided there is no diminution of the quality of the building shown on the submitted drawings, it will make a positive contribution to the built environment of the riverside area. Provided that only one of the tall residential blocks, which will have been approved next to the existing flats, is actually developed, existing residents would not suffer from an unacceptable reduction in the daylight and sunlight their dwellings receive. The developer has
74 provided a unilateral undertaking guaranteeing that only one block will be built.
This building will further the regeneration of the Exchange Brewery site and the mix of uses being created there will be enhanced by the inclusion of a shop facility to serve both residents and employees.
It is therefore recommended that planning approval be granted subject to the unilateral undertaking and the attached conditions.
75 Case Number 03/02558/LBC
Application Type a Listed Building Consent Application
Proposal Re-signage of public house
Location Cambridge Street Sheffield
Date Received 07/07/2003
Team CITY CENTRE AND EAST
Applicant/Agent S R Signs Ltd - Mr B Menzer
Recommendation Grant with Enforcement Action
Subject to:
1 The development shall be begun not later than the expiration of five years from the date of this decision.
In order to comply with the requirements of the Planning (Listed Buildings and Conservation Areas) Regulations 1990.
Developers attention is drawn to the following directives:
1. The Director of Legal and Administrative Services has been authorised to take all necessary steps, including enforcement action and the institution of legal proceedings, if necessary, to secure the removal of the unauthorised signs. The Local Planning Authority will be writing separately on this matter.
76
Site Location
6
1 o 1
t
t o
1 7 2 Cinema
o 36 32 t 38
ET 0
STRE 1 N o
ISIO 1 to 31 t
DIV 8 Cambridge Court
S 4 t 3 o n FB B e a
r
2 B k 1 E e U l r R S s u G b P E S o E S
at o l
6 S S 3 l
0 u 2 H
S
o b t T o S
8 R u t
2 a E s
e
2 E 2 Multistorey T
St Matthew's Car Park 4 Church PH 2
W orks 26
B
A 3
C 1 K PH
F 4 I E 5
L
D
S
C A tion M a
Salv
B 8 R
3 rmy I A D G itadel
E C
0 S 3 T R
Car Park E
E
T
Walk TCBs Bethel EET S STR
4 GES 8
3 UR 6 PH SS B 1 CRO 8
t o
1 2 4
0
8 l 3 E ta LB PH Su b S 6 7
8
7 0 PH
1 0 4 to 5 8
7 80.8m
Fire 2 1 8 0
Car P ark 4 82.3m 11 5
Station 2 19 1
dy Def 0 B 7 16 Ward
CR
4 T 4 C
EE P 5 3 HAR
83.8m TR 5 L H ES ON S 8 STRE INGT ET LL 3 E C W 7 R 3 Bank
9 8 1 8
4
1
83.5m Grosv enor 0
3
6
1
0 1 9 3 SM House 2 9 5 Hotel
C
7 4
M A 1
S 6 M 1 9
6 7 B 9 R
T I EE D TR NS G 4 TO y E 7 G a LIN 0 L w E S 0 W b T 1 u 2 S 0 1 4 0
1
1
T 2 E 5 4 E o t R 2 2
3 4 T
S 7 S Multistorey Car Park ub wa E y N 0 O 3 3 T S 6 0 IN 1 CHARTER SQUARE P
LOCATION AND PROPOSAL
The application site is located on the western side of Cambridge Street, and is bounded to the north by Bethel Walk, and to the west by Backfields. It consists of two, three storey buildings, no’s 34 and 38 Cambridge Street, currently used as a public house. The public house consists of two separate elements, each with their own identity, The Cutler, and Stardust Bar.
No 34 Cambridge Street is a Grade 2 Listed Building, and both properties lie within the City Centre Conservation Area, surrounded by buildings in commercial use, with John Lewis Sports and Toys store to the north, and to the east, on the opposite side of Cambridge Street, the principal John Lewis store.
The proposal involves the installation of new signage to the premises following refurbishment. The signs consist of two panel signs, a projecting sign, and an individual letter sign on the Cambridge Street elevation; and a pole mounted sign, two panel signs and two banner signs on the rear (Backfields) elevation.
77 RELEVANT PLANNING HISTORY
Planning Permission and Listed Building Consent were granted in May 2003, for internal and external alterations to the building (Ref: 03/00473/FUL, and 03/00474/LBC)
SUMMARY OF REPRESENTATIONS
No representations have been received following neighbour notification and publicity given to the application.
PLANNING ASSESSMENT
Policy Issues
The proposals do not affect the existing use of the building, and as such they raise no fundamental land use policy issues.
Policies BE15, BE16, and BE19 of the Unitary Development Plan for Sheffield relate to alterations to Listed Buildings, and to Buildings within Conservation Areas. They require such alterations to preserve or enhance the character and appearance of such buildings.
Policy BE13 relates specifically to Advertisements, and states that illuminated advertisements will be permitted if they would not harm the character or appearance of the area.
The specific policy issues raised are considered below.
Impact Upon Amenity and Character and Appearance of Listed Building And City Centre Conservation Area
The proposed signage adopts a design involving a white background with dark coloured lettering, and stainless steel lettering. On the Cambridge Street elevation of the building, the white panel signs read as part of the white render of the building, and the individual letter sign is applied to the render via a runner bar. The projecting sign is a low-key sign set just above fascia height. This is the most important and most prominent elevation of the building. Although it has been altered it retains much of its original character. It is considered that the proposed signs are well co-ordinated, complement the refurbished building, and do not detract from the character and appearance of the building.
The rear elevation of the building is a new rear section, built within the last 10 years, and as such, although it lies within the Conservation Area, it does not have the same level of character as the Cambridge Street elevation. The proposed signs on this elevation are not considered to be excessive in number or size, and are sensibly located on the building.
78 ENFORCEMENT
Some of the signs proposed have already been installed on the building, having been erected without consent. Other signage, also erected without consent, exists on the building in locations where other elements of the proposals are to be located.
The signage that has been erected, and does not form part of these proposals is garish in its appearance and in the case of the Cambridge Street elevation involves an internally illuminated box sign. These signs, along with a further 5no. A3 size poster panels, erected on the Listed Building, are considered unacceptable, as they have an adverse effect upon its appearance. It is therefore requested that Members give authority for the Head of Legal and Administrative Services to take all necessary steps including if necessary enforcement action and the institution of legal proceedings to secure the removal of the unauthorised signs.
SUMMARY AND RECOMMENDATION
In summary the proposed advertisements are considered to be acceptable in terms of their impact upon amenity, and upon the character and appearance of the Listed Building and the Conservation Area. It is therefore recommended that Advertisement Consent and Listed Building Consent are granted for the proposed signs, and that authority be given for the institution of legal proceedings and if necessary enforcement action to secure the removal of unauthorised signs on the building.
79 Case Number 03/02560/ADV
Application Type an Advertisement Consent Application
Proposal Re-signage of public house at 34-38 Cambridge Street
Location Cambridge Street Sheffield
Date Received 07/07/2003
Team CITY CENTRE AND EAST
Applicant/Agent S R Signs Ltd
Recommendation Grant with Enforcement Action
Developers attention is drawn to the following directives:
1. If a voltage exceeding 650 is to be used, the Chief Fire Officer, South Yorkshire Fire and Rescue Service, Wellington Street, Sheffield, S1 3FG should be consulted as to the position of the fireman's switch before the installation is carried out.
2. The Director of Legal and Administrative Services has been authorised to take all necessary steps, including enforcement action and the institution of legal proceedings, if necessary, to secure the . The Local Planning Authority will be writing separately on this matter.
80
Site Location
6
1 o 1
t
t o
1 7 2 Cinema
o 36 32 t 38
ET 0
STRE 1 N o
ISIO 1 to 31 t
DIV 8 Cambridge Court
S 4 t 3 o n FB B e a
r
2 B k 1 E e U l r R S s u G b P E S o E S
at o l
6 S S 3 l
0 u 2 H
S
o b t T o S
8 R u t
2 a E s
e
2 E 2 Multistorey T
St Matthew's Car Park 4 Church PH 2
W orks 26
B
A 3
C 1 K PH
F 4 I E 5
L
D
S
C A tion M a
Salv
B 8 R
3 rmy I A D G itadel
E C
0 S 3 T R
Car Park E
E
T
Walk TCBs Bethel EET S STR
4 GES 8
3 UR 6 PH SS B 1 CRO 8
t o
1 2 4
0
8 l 3 E ta LB PH Su b S 6 7
8
7 0 PH
1 0 4 to 5 8
7 80.8m
Fire 2 1 8 0
Car P ark 4 82.3m 11 5
Station 2 19 1
dy Def 0 B 7 16 Ward
CR
4 T 4 C
EE P 5 3 HAR
83.8m TR 5 L H ES ON S 8 STRE INGT ET LL 3 E C W 7 R 3 Bank
9 8 1 8
4
1
83.5m Grosv enor 0
3
6
1
0 1 9 3 SM House 2 9 5 Hotel
C
7 4
M A 1
S 6 M 1 9
6 7 B 9 R
T I EE D TR NS G 4 TO y E 7 G a LIN 0 L w E S 0 W b T 1 u 2 S 0 1 4 0
1
1
T 2 E 5 4 E o t R 2 2
3 4 T
S 7 S Multistorey Car Park ub wa E y N 0 O 3 3 T S 6 0 IN 1 CHARTER SQUARE P
For report see 03/02258/LBC
81 Case Number 03/02694/FUL
Application Type a Full Planning Application
Proposal Erection of glazed entrance porch
Location Northern Counties Housing Association 20 Westfield Terrace Sheffield S1 4GH
Date Received 15/07/2003
Team CITY CENTRE AND EAST
Applicant/Agent Windle Cook Architects Ltd
Recommendation Refuse
For the following reason(s):
1 The Local Planning Authority consider that the proposal would detract from the special architectural and historic interest of Zion Chapel, a Grade II Listed Building. In this respect the proposal is contrary to Policy BE19 "Development Affecting Listed Buildings" of the Unitary Development Plan for Sheffield.
82 C
O
N
G
R Site LocationE S
S
O S
T R R A E N E G
T Sta
ub E
o S t
S
1 0
8 1
T 12
R
9
E 30 5
E 1 2
T
6 1
13 0 5
1
0
8 3
2 13
1
0 9
1 1
1 0 7 44 1 to 1 ET 40 STRE 1 PITT
6
14
1
1 LB 9
1 0 2
15 1
8 6
B 2
2
4
M 1
2 0 3 2 9 16 1 3 to 2 1 . 5 e 1 u 7
7 en 0 v 3
1 Re
m 1 d 2 n
5 la
o
t In e
1 ic 3 f 7 Of 178 PH
95.20m 182 BM W orks
1 98 2 to 1 1 184 9 EET 0 TR 20 ST S WE
208 2
1
2 5
210 1 Royal Plaza 5 1
3 3
1 7 l to 93
Phoeni x Court
1
9
W
1
5
1 E
1
4 S 9 T
F I PH E F L l 1 o D 3 c 3 1 T k t t o E o 2 1 7 3 to R n 1 3 R H A o C u E s
e
0 2 El Sub Sta ANE L L THIL WES Car P ark rt Cou BM 91.20m kton
Floc
7 1
6 7
6 to 7 3 PH 6 7 90.2m 5 1 3
t 9 o
6
4 2
7 Eldon Court 92 ET PH
STRE
96 ON I 8
IS 9
IV 9
D 1 TCB 0 6 9
1 1 3
50 9
0
5 5
9
1 152 E 7 Westfield
148 L 89.3m
D 1
1 0 06 9 House 1 9 1 O
46 N
S 6
1 5
140 0
T 0 1 5 26 R
DE E 16 1
VO E 1
N 1 1 3
S 24 1
HIRE T
S 1
5
TREET 1
1
3 2
2 1
32m
8. 1
8 2
7
M t
B o R
1 2 9 C O
A C N K N I I N
Car P ark T CBs N 8 G G
1 H S W arehouse T A 4 R M 5 E
E S T NE T LA R T I RE SH E 87.5m R ON EV E A D The Forum F T A
L G
A
R k c S a 4 T r R T 7 E Car P ark le E c T y C Car P ark
LOCATION AND PROPOSAL
The site consists of frontage and entrance hall to former Mount Zion Chapel on Westfield Terrace converted to office use for Northern Counties Housing Association. The frontage is stone clad with a classical faēade with two columns either side of the entrance. This is accessed by steps through a gateway and level pathway to the right.
It is proposed to erect a glazed entrance porch set behind the columns, full width, but with a sloping roof up to the bottom of a window over the entrance door. The entrance door will be sliding, this is to enable the lobby area to be enlarged with a disabled reception desk.
RELEVANT SITE HISTORY
An original full size screen behind the columns was recommended for refusal by CAG in 1983. A report to the South West Area Board on the 15 October 1990 Application No. 89/1851P noted that : “CAG recommended refusal of original scheme because of the affect of development upon the Listed frontage of the adjacent Zion Chapel. The amended scheme (which omitted the glazed screen completely) significantly reduces the impact of the
83 development upon the Zion Chapel and improves the appearance in the street scene.
SUMMARY OF REPRESENTATIONS
None received.
PLANNING ASSESSMENT
Policy Issues
The Zion Chapel is a Grade II Listed Building, relating specifically to the facade. Policy BE19 refers, this states that: “Proposals for internal or external alterations which would affect the special interest of a Listed Building will be expected to preserve the character and appearance of the building and where appropriate, to preserve or repair original details and features of interest.”
In this case the original proposal was considered to adversely affect the external appearance of the Listed Building.
Alternative schemes were investigated however it is considered that no porch is appropriate in this classical faēade. This is reinforced by the original application and earlier CAG comments referred to above.
The applicant wishes to have the applications determined as per submitted.
RECOMMENDATIONS
Taking the above issues into account the application as submitted is not considered acceptable and it is therefore recommended that the Area Board refuse the application.
84 Case Number 03/02696/LBC
Application Type a Listed Building Consent Application
Proposal Erection of glazed entrance porch
Location Northern Counties Housing Association 20 Westfield Terrace Sheffield S1 4GH
Date Received 15/07/2003
Team CITY CENTRE AND EAST
Applicant/Agent Windle Cook Architects
Recommendation Refuse
For the following reason(s):
1 The Local Planning Authority consider that the proposal would detract from the special architectural and historic interest of Zion Chapel, a Grade II Listed Building. In this respect the proposal is contrary to Policy BE19 "Development Affecting Listed Buildings" of the Unitary Development Plan for Sheffield.
85 C
O
N
G
R Site LocationE S
S
O S
T R R A E N E G
T Sta
ub E
o S t
S
1 0
8 1
T 12
R
9
E 30 5
E 1 2
T
6 1
13 0 5
1
0
8 3
2 13
1
0 9
1 1
1 0 7 44 1 to 1 ET 40 STRE 1 PITT
6
14
1
1 LB 9
1 0 2
15 1
8 6
B 2
2
4
M 1
2 0 3 2 9 16 1 3 to 2 1 . 5 e 1 u 7
7 en 0 v 3
1 Re
m 1 d 2 n
5 la
o
t In e
1 ic 3 f 7 Of 178 PH
95.20m 182 BM W orks
1 98 2 to 1 1 184 9 EET 0 TR 20 ST S WE
208 2
1
2 5
210 1 Royal Plaza 5 1
3 3
1 7 l to 93
Phoeni x Court
1
9
W
1
5
1 E
1
4 S 9 T
F I PH E F L l 1 o D 3 c 3 1 T k t t o E o 2 1 7 3 to R n 1 3 R H A o C u E s
e
0 2 El Sub Sta ANE L L THIL WES Car P ark rt Cou BM 91.20m kton
Floc
7 1
6 7
6 to 7 3 PH 6 7 90.2m 5 1 3
t 9 o
6
4 2
7 Eldon Court 92 ET PH
STRE
96 ON I 8
IS 9
IV 9
D 1 TCB 0 6 9
1 1 3
50 9
0
5 5
9
1 152 E 7 Westfield
148 L 89.3m
D 1
1 0 06 9 House 1 9 1 O
46 N
S 6
1 5
140 0
T 0 1 5 26 R
DE E 16 1
VO E 1
N 1 1 3
S 24 1
HIRE T
S 1
5
TREET 1
1
3 2
2 1
32m
8. 1
8 2
7
M t
B o R
1 2 9 C O
A C N K N I I N
Car P ark T CBs N 8 G G
1 H S W arehouse T A 4 R M 5 E
E S T NE T LA R T I RE SH E 87.5m R ON EV E A D The Forum F T A
L G
A
R k c S a 4 T r R T 7 E Car P ark le E c T y C Car P ark
For Report see 03/02694/FUL
86 Case Number 03/03017/FUL
Application Type a Full Planning Application
Proposal Installation of a 21 metres high lattice telecommunications tower with 6 antennas, 2 dishes and equipment cabinet
Location Kam House Park House Lane Sheffield S9 1XA
Date Received 21/08/2003
Team CITY CENTRE AND EAST
Applicant/Agent Turner & Partners (Kevin Lo)
Recommendation Grant Conditionally subject to the completion of a Unilateral Agreement
Subject to:
1 The development shall be begun not later than the expiration of five 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, full details of the colour finish to be applied to the proposed mast and associated equipment cabins shall have been submitted to and approved in writing by the Local Planning Authority.
In the interests of the visual amenities of the locality.
87 Site Location
Worldways House
Warehouse
M 1
Warehouse
Warehouse 3
Gas Governor
Travelling Crane
LOCATION AND PROPOSAL
The site is located within a designated fringe industry and business area as defined in The Sheffield Unitary Development Plan, to the north east of a strategic Road (M1). The existing site comprises of a disused 3-storey office/storage building. The site is accessed off Park House Lane and is set 3 metres below the highway level. To the west of the site is grass verging and tree coverage adjacent to the M1 Motorway. A 2.5 metre high fence forms the boundary of the site
It is proposed to construct a 21m lightweight lattice mast with 6 Antennas, 2 300mm dishes and associated ground based equipment cabins. This application is a revised location 50 metre south east of the previously approved planning permission 9B-5408P.
RELEVANT PLANNING HISTORY
Planning permission has been granted previously on the site, Application Reference: 9B-5408P for a 21 metre High Lattice Mast with 6 antennas and equipment cabins in June 2001.
88 SUMMARY OF REPRESENTATIONS
Highways - No objection. Coal Authority – No objection or implications. Sheffield City Airport – no objection 1 letter of representation has been received from the Highways Agency regarding the possible implications of a structural failure of the mast and it falling on the adjacent Motorway located 20 metres away
PLANNING ASSESSMENT
Policy Issues
The site is located within a Fringe Industry and Business Area as defined within the UDP.
Policy IB6 states that development proposals for uses not listed in the policy will be decided on their individual merits. Policy IB9 states that development will be permitted where it would not lead to a concentration of uses which would prejudice the dominance of industry, where it would be well designed with buildings and storage of a scale and nature appropriate to the site and where it would comply with policies of the built and green environment as appropriate.
Policy BE14 ‘Telecommunications’ of the Sheffield UDP states that; ‘Telecommunications development should be sited and designed so as to minimise its visual impact, subject to technical and operational considerations and new equipment should share masts or be sited on existing structures where this is technically and economically possible. Health Issues
Current guidance from the government PPG8 on telecommunications (August 2001) states,
‘Health considerations and public concern can in principal be material considerations in determining applications for planning permission and prior approval. Whether such matters are material in a particular case is ultimately a matter for the courts. It is for the decision-maker (usually the Local Planning Authority) to determine what weight to attach to such considerations in any particular case.
However, it is the Government’s firm view that the planning system is not the place for determining health safeguards. It remains Central Government’s responsibility to decide what measures are necessary to protect public health. In the Government’s view, if a proposed mobile phone base station meets the ICNIRP guidelines for public exposure it should not be necessary for a local planning authority, in processing an application for planning permission or prior approval, to consider further the health aspects and concerns about them’
89 In this case, the applicant has confirmed that the proposal will meet ICNIRP standards for general public emission.
Design & Amenity Issues
The mast will be located within an industrial area, but due to its height will be prominent from surrounding areas and local viewpoints. The mast will be set away from residential properties, and will be seen within the context of existing industrial buildings and development in the vicinity. As mentioned previously there are a number of industrial and commercial buildings ranging from 3 to 5 stories in close proximity to the proposed mast.
This application is an amendment to the previously approved application in relation to the siting of the mast. The mast is of a lightweight lattice construction and the associated equipment cabins replace what is an existing pump and oil tank brick bunded area. It is not considered that the amended location of the mast would cause significant harm the visual amenities of the locality.
The equipment compound will be at a low level and will be screened by the existing tree coverage to the west. Due to the height of the proposed mast, it will be visible above existing buildings and from the surrounding vicinity. However as the locality is commercial in nature tall structures are not considered uncommon or out of character. Therefore the proposal is considered acceptable in terms of design and is not considered to detrimentally effect the visual amenities of the area.
SUMMARY AND RECOMMENDATION
Taking the above into account, although the mast will be visually prominent, it is not considered that the mast will detrimentally effect the visual amenities of the locality to a sufficient degree to warrant the refusal of this application, In view of this, it is recommend that permission be granted subject to a uni- lateral undertaking by the developer that the site should be used as an alternative to the previous permission Ref: 9B/5408P
A structural integrity report requested by the Highways Agency has been submitted, and it is anticipated that a favourable response will be received, which will be reported verbally at the Area Board meeting.
90 Case Number 03/03320/OUT
Application Type an Outline Planning Application
Proposal Erection of building to be used as a hot food takeaway (Use Class A3), including drive through facility
Location Car Park At 722 Prince Of Wales Road Sheffield
Date Received 10/09/2003
Team CITY CENTRE AND EAST
Applicant/Agent The Bond Bryan Partnership
Recommendation Grant Conditionally
Subject to:
1 The development shall not be commenced unless and until full particulars and plans thereof shall have been submitted to the Local Planning Authority and planning approval in respect thereof including details of (a) siting, (b) design, (c) external appearance, (d) access and (e) landscaping (matters reserved by the 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:- (i) the expiration of five years from the date of this decision; or (ii) 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.
91 4 The building shall not be used unless all redundant accesses 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.
5 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 properly maintained.
In the interests of traffic safety.
6 Prior to being discharged into any watercourse, surface water sewer or soakaway system all surface water drainage from parking areas and hardstandings shall be passed through a petrol/oil interceptor designed and constructed in accordance with details to be approved by the Local Planning Authority.
To prevent pollution of the Water Environment.
7 Building operations shall not commence until details of the surface water and sewage disposal proposals serving the site have been submitted to and approved in writing by the Local Planning Authority.
To ensure satisfactory drainage arrangements.
8 The building shall be used for the above mentioned purpose only between 0800 hours and 2330 hours, Mondays to Saturdays and 0800 hours and 2300 hours on Sundays and Public Holidays.
In the interests of the amenities of the locality and occupiers of adjoining property.
9 The building shall not be used for the purpose hereby permitted unless suitable apparatus for the arrestment and discharge of fumes or gases has been installed. Before such equipment is installed details thereof shall have been submitted to and approved by the Local Planning Authority. After installation such equipment shall be retained and operated for the purpose for which it was installed.
In the interests of the amenities of the locality and occupiers of adjoining property.
92 10 The building shall not be used for the above mentioned purpose unless suitable receptacles for the disposal of litter have 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.
11 Notwithstanding the terms of the Town and Country (Use Classes) Order 1987, or any statutory instrument revoking and re-enacting that Order, the building shall be used as a restaurant, cafe or takeaway and shall not be used for any other purpose within Class A3 without the prior approval of the Local Planning Authority.
In the interests of the amenities of the locality and occupiers of adjoining property.
12 The odour control equipment referred to in condition 9 above shall include an electrostatic precipitator, filters and an odour neutraliser unless otherwise agreed in writing by the Local Planning Authority.
In the interests of the amenities of the locality and occupiers of adjoining property.
13 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 Part 3 class A3, or any order revoking or re-enacting that order, no change of use to retail class A1 shall take place without the prior permission of the Local Planning Authority.
The application is an out of centre site and retail class A1 uses would be contrary to local and national planning policy which seek to promote such uses within existing shopping centres.
Developers attention is drawn to the following directives:
1. The applicant is advised that the Planning Authority would like to see the building positioned closer to the Prince of Wales Road frontage with car parking to the rear. Landscaping should be provided to all boundaries of the site.
2. As the proposed development will abut the public highway you are advised to contact the Highways Co-ordinator (Tel: Sheffield (0114) 2736677) as soon as possible with a view to discussing the proposed threshold levels and the obtaining of all necessary consents relating to the public highway.
3. 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
93 matter which is covered by Section 184 of the Highways Act 1980, and dealt with by:Assistant Head of HighwaysPlanning, Transport & HighwaysHowden House1 Union Street Sheffield S1 2SHFor access crossing approval you should contact the Highway Co-ordinator in that Department of Sheffield (0114) 2736136, quoting your planning permission reference number.
Site Location
WB 68.5m Works
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n B M d F W 68.80m
7
6 7
7 1 8 7 1 2
70.5m
5
5
7
D
A
O
R
S
E
L
A
U
W n d F
O Car Park
E
C
N
I
R
P
3
4
7
72.4m
1
2 4
7 1
68.6m Path
73.1m
6
5 2
Shelter
LOCATION AND PROPOSAL
The site is part of the former D McKee car park and has an area of approximately 0.3 hectares. To the south and east of the site are housing areas, to the north and west there are offices, engineering workshops and open space.
The application is outline with all the details reserved for future applications.
An indicative layout plan has been submitted which shows a single storey building positioned in the centre of the site with parking and circulatory space around. A landscaped strip is shown to the Prince of Wales Road frontage and to the rear of the site. Vehicular access is shown at the northern end of the site at the same point as an existing access to the car park.
94 REPRESENTATIONS
Two letters of objection have been received from neighbours on Prince of Wales Road. The grounds of objection are:
- it will add to traffic congestion, residents will have greater difficulty getting into and out of private drives and ambulances will have more difficulty making pick ups - the location is unsuitable as the road narrows and it is close to a bus stop. Vehicles will have difficulty turning right into and out of the site and there will be conflicts with the Halsall Avenue junction - it will add to pollution and adversely affect health - children and old age pensioners walking along Prince of Wales Road will be involved in accidents - noise disturbance from car stereos - the use will attract drug users, burglars, muggers and undesirable youths, which will result in increased crime - there will be increased litter which will attract vermin - it should be built on vacant land or housed in vacant shops - the area is already well served by food and drink uses.
PLANNING HISTORY
02/03259/FUL – Planning permission granted for refurbishment and use of the Davy McKee seven storey building as offices.
PLANNING ASSESSMENT
Policy Issues
The application site falls within a General Industry Policy Area in the Unitary Development Plan. Preferred uses are general industry and warehousing and food and drink uses are also acceptable. Development should ensure that industry and business uses remain dominant in the area and residents do not suffer from unacceptable living conditions. In this case, even if this proposal is permitted, business and industrial uses will remain dominant. Amenity issues are considered below.
Access Issues
The application site is part of the former Davy McKee office and works car park. The permission to change the use of the offices (02/03259/FUL), established that some of the parking was surplus to requirements, based on current guidelines. A condition was attached to the above permission which limited parking for the offices to 295 spaces. Parking for the workshops is provided adjacent to the building. The area of surplus parking forms the basis of the current application site.
It is considered that there may be a small overall increase in traffic generated by this proposal as compared to the previous use as office/works parking.
95 However, during the morning and evening peak periods the traffic generation will be lower.
The indicative plan shows the access at the northern end of the site. This same access currently serves the whole 455 space car park. As a result of the proposal most of the 295 offices spaces and about 40 spaces for the drive through will be served from this point. Given the reduced parking numbers and reduced peak hour generation this is an improvement over the previous situation and is considered to be satisfactory in highway safety terms. Although approval is not being sought for the access at this stage, the indicative location is approximately 70m from Halsall Avenue and therefore the risk of conflicts is minimal.
The recently completed highway improvements allowed for a protected right turn lane into the site. Therefore, there should be no particular problem with turning right into the site. There could be long delays for vehicles turning right out of the site and there is a risk that drivers will become impatient and take chances. However, this risk is less than the previous use of the site.
The likely access position is considered to be sufficiently separated from the pedestrian crossing and bus stop to not cause significant safety concerns. The proximity of the pelican crossing helps in terms of creating gaps for vehicles to enter Prince of Wales Road and also provides safe pedestrian links to the site.
The overall marginal increase in traffic generation, as compared to the use of the site as a car park, will not be noticeable in terms of nearby residents accessing and egressing their drives.
Amenity Issues
The nearest houses to the edge of the site are approximately 35m to the south and 40m to the west on the opposite side of Prince of Wales Road. The new building is likely to be even further away from housing as it is likely that there will be parking and landscaping around the perimeter of the site.
The site is already affected by traffic noise due to the high volumes of traffic using the outer ring road. Given that the site does not directly adjoin residential properties and given the existing noise climate, it is considered that noise from use will be within acceptable limits provided the operating hours are controlled.
As the building will be a new construction and is separated from residential properties, officers are satisfied that modern odour control equipment can adequately control cooking odours.
Litter can be a problem with food and drink uses but the Planning Authority can only reasonably require litter bins to be provided within and adjoining the site. On appeal, planning inspectors do not normally consider concern about
96 litter to be sufficient on its own to justify refusing planning permission. This is partly because local authorities have other powers to deal with litter.
As the traffic generation is only likely to increase by a small amount overall, it is considered that there is no basis for resisting this proposal on the grounds that pollution will cause health problems.
Design Issues
The design of the building and site layout is reserved for future approval. These types of restaurants tend to be single storey buildings with parking and vehicle circulation areas around the building. Given that the site is currently a large car park there is no reason why a drive through with associated landscaping cannot contribute positively to the streetscene.
RESPONSE TO REPRESENTATIONS
There is no reason why an access to a restaurant should be any worse for pedestrian safety than an access to as car park. The new access will be designed to today’s standards in order to minimise the risk of accidents. There is no evidence to support the view that a restaurant will result in an increase in drug users etc., in the area.
Whilst the application site is not vacant land, it is under used brownfield land. Drive through restaurants do not lend themselves to existing vacant shops. Whilst it would be desirable to accommodate the use within the local shopping centre, it is not considered to be a key town centre use which might justify resiting the proposal on this basis.
The existence of other food and drink uses in the locality is not a planning reason for rejecting this proposal.
SUMMARY/RECOMMENDATION
The proposal is consistent with the Development Plan policies, can be accessed safety and should not have a significant impact on the amenities of local residents. It is therefore recommended that planning consent is granted.
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