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

SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate

REPORT TO CITY CENTRE SOUTH DATE 18/09/2006 AND EAST PLANNING AND HIGHWAYS AREA BOARD

REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM

SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS

SUMMARY

RECOMMENDATIONS

SEE RECOMMENDATIONS HEREIN

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

FINANCIAL IMPLICATIONS N/A PARAGRAPHS

CLEARED BY

BACKGROUND PAPERS

CONTACT POINT FOR ACCESS Howard Baxter TEL NO: 0114 2734556 Chris Heeley 0114 2736329

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

Application No. Location Page No.

05/01618/FUL Land At Archways, Leadmill Road And Shoreham Street 7 Sheffield

05/02302/FUL 29 Raven Road Sheffield 15 S7 1SB

06/00143/FUL Curtilage Of 250 Millhouses Lane Sheffield 20 S11 9JA

06/00370/FUL 75 Milton Street, 83 Headford Street And Land At Milton Lane, Thomas Street And Hodgson Street 25 Sheffield S3 7WG

06/00386/FUL Site Of Cornhill Works 91-99 Edward Street 44 Sheffield S3 7GA

06/00389/LBC Site Of Cornhill Works 91-99 Edward Street 65 Sheffield S3 7GA

06/00850/FUL Site Of 73-77 West Street, Site Of Carver Street Car Park And Former NUM Headquarters 70 Holly Street Sheffield

06/00854/CAC Site Of 73-77 West Street, Site Of Carver Street Car Park And Former NUM Headquarters 94 Holly Street Sheffield

06/00858/LBC Site Of 73-77 West Street, Site Of Carver Street Car Park And Former NUM Headquarters 96 Holly Street Sheffield

3 06/01130/FUL Garage Site In Front Of 301-305 Morland Road 98 Sheffield S14 1TL

06/01657/FUL 15 Whirlow Park Road Sheffield 111 S11 9NN

06/01811/CHU AEU House 49 Furnival Gate 120 Sheffield S1 4QQ

06/01904/CHU Kingdom 1 Burgess Street 126 Sheffield S1 2HF

06/02058/CHU Site Known As 90 Broad Street 131 Sheffield S2 5TG

06/02189/FUL 756 Barnsley Road Sheffield 136 S5 6SY

06/02421/FUL 18 Pinstone Street Sheffield 143 S1 2HN

06/02562/FUL Hall Of Residence Stephenson Hall Oakholme Road 148 Sheffield S10 3DG

06/02602/FUL Site Of 408 City Road Sheffield 153 S2 1GD

06/02646/FUL Working Mens Club 2 Dara Street 161 Sheffield S9 1NY

06/02669/FUL 612 Staniforth Road Sheffield 170 S9 4LN

06/02802/CHU Units 2-4 & 6 First Floor Level Store C 31-32 Orchard Square 175 Sheffield S1 2FB

06/02803/FUL Site Of 186, 188, 192, 196 And Printing House Solly Street 181 Sheffield S1 4BB

06/02826/CAC Site Of 186, 188, 192, 196 And Printing House Solly Street 195 Sheffield S1 4BB

06/02989/FUL 32 Grange Crescent Sheffield 197 S11 8AY

5 6 SHEFFIELD CITY COUNCIL

Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The SOUTH Planning And Highways Area Board Date Of Meeting: 18/09/2006

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 05/01618/FUL

Application Type A Full Planning Application

Proposal Alterations to buidling to form 30 residential units and Class B1 office space (Amended 10/03/06)

Location Land At Archways, Leadmill Road And Shoreham Street Sheffield

Date Received 11/05/2005

Team CITY CENTRE AND EAST

Applicant/Agent Harrison Ince Ltd

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the design, use of materials and fenestration detailing of the proposed ground floor infills would give rise to an unsatisfactory appearance, detrimental to both the character of the building and surrounding area. To grant consent therefore would be contrary to Policies IB9 and BE5 of the Unitary Development Plan.

2 The latest flood data indicates that the whole of the development site is situated within Flood Zone 3a where the risk of flooding is high. The flood modelling has revealed that flooding from a 1:100 year event would significantly affect the ground floor of the building and put an unacceptable risk on people and property. Accordingly, with residential development considered to be more flood risk sensitive than commercial development, by adopting a precautionary approach, the proposal to convert the buildings

7 ground floor for student accommodation is inappropriate and would be contrary to the advice given in PPG25: Development and Flood Risk

Site Location

LOCATION AND PROPOSAL

The application relates to a large five storey building in Sheffield’s Cultural Industries Quarter (CIQ). The building occupies a prominent position within the CIQ with road frontages facing Shoreham Street to its west and Leadmill Road to its east. These roads join at a junction just to the north of the site. To the south is a small private road (Piazza), which links Shoreham Street with Leadmill Road.

The building was granted planning permission in February 2001 with student accommodation above and retail, workshops and bar/café uses at ground floor level. Following this grant of planning, while the upper storeys have been occupied,

8 the ground floor area has remained vacant. Timber boarding has been erected to protect the ground floor from vandalism and the like. A set of metal gates along the building’s Leadmill Road elevation leads into a small central courtyard area.

The surrounding area is a mixture of commercial and residential uses with student accommodation being the most prevalent. Facing the site across Leadmill Road is the Leadmill Nightclub.

The building is predominately brick construction with rendered areas at higher level. Features of the building at ground floor include a series of large arched openings along its Shoreham Street frontage, which are considered to add positively to its character and appearance. The applicant is seeking full planning permission to develop the building’s ground floor area to provide Class B1 office accommodation and 30 student residential units. The submitted drawings show that the areas of the building facing Shoreham Street, the piazza and Leadmill Road would all be in commercial use, with the residential units provided facing onto the internal street and also at half level through the provision of mezzanine flooring. As part of the scheme, the internal decking area at first floor level would be removed to create an open central courtyard.

PLANNING HISTORY

00/00768/FUL – Mixed-use development incorporating shared accommodation, workshops, retail, 75 self-contained flats and bar/café – approved 2 February 2001

00/01684/FUL – Amended application for part of site granted permission 9A/0361P to include workshops (Class B1), retail units, 48 residential units – approved 30 October 2001

04/04393/FUL – Alterations to building to form 33 residential units and Class B1 office space – Withdrawn 24 February 2005

06/00959/FUL - Alterations to ground floor facades – Refused 1 June 2006

06/02676/FUL - Alterations to ground floor facades (Resubmission) – Pending

PLANNING ASSESSMENT

Policy Issues

The site is identified within the Sheffield Unitary Development Plan as being within a Fringe Industry and Business Area. Policy IB6 states that the preferred uses in such areas include Business (B1) and General Industry (B2), while small shops (A1) and food and drink outlets (A3) are stated to be acceptable uses.

Policy IB9 of the UDP relates to conditions on development in industry and business areas. Under this policy, it states that development will be permitted on meeting a number of criteria, of these, one seeks that the development does not lead to a concentration of uses which would prejudice the dominance of industry

9 and business in the area and a second that it is well designed and be of a scale and nature appropriate to the site.

Policy BE5 seeks to ensure good design and the use of good quality materials in all new and refurbished buildings and extensions. The principles that should be followed include encouraging original architecture where this does not detract from the scale, form and style of surrounding buildings, the use of special architectural treatment be given to corner sites and that designs should take advantage of the site's natural features.

Policy H16 relates to open space in new housing developments. It states that for new housing developments, developers will be required to ensure that there would be sufficient open space to meet the local needs of people living there. For sites less than one hectare which involve the construction of five or more houses, the developer will be expected to make an appropriate contribution to the provision or enhancement of recreation space in the catchment area of the site in cases where the provision of recreation space is below the minimum guideline or is in need of significant enhancement.

Also of relevance is Policy BE16 of the UDP. This policy relates to development in Conservation Areas, where development proposals are required to preserve or enhance the character and appearance of the CA.

Principle of development

The site is identified within the Sheffield Unitary Development Plan as being within a Fringe Industry and Business Area. The preferred uses in such areas as set out in Policy IB6 of the UDP include Business (B1) and General industry (B2) with acceptable uses being small shops (A1), food and drink outlets and housing (C3). Also material to this application is the ground floor uses approved under the earlier planning permission. While not implemented, planning permission remains extant to convert the building’s vacant ground floor into 9,670 square feet of B1 office/workshop and 4,000 square feet of A1/A3 accommodation.

The proposal has been amended following negotiations with officers. The revised drawings now show the ground floor area of the building would be developed to provide 30 residential apartments and some 18,350 square feet of B1 office accommodation. This varies from the original scheme where the applicant sought a total of 34 apartments and some 9788 square feet of B1 office floorspace, two live- work units and 1055 square feet of retail floorspace.

Of the office accommodation some 12,900 square feet is proposed at ground floor level and the remaining accommodation is proposed by means of mezzanine flooring. Except for the building’s southern elevation facing onto the gated internal street, which would be developed for residential use, all the ground floor areas immediately facing Shoreham Street, Leadmill Road and the Piazza would be in B1 office use. This is central to the development and ensures the building would make a positive contribution to the commercial nature of the CIQ by having active business street frontages along three key elevations.

10 While it is acknowledged that additional accommodation is provided through mezzanine flooring, the revised proposal would increase the amount of B1 office accommodation by nearly 9,000 square feet of B1 office floorspace from the earlier approval and is welcomed. It is important nevertheless that the B1 office accommodation is made attractive to local businesses and ‘fitted out’ prior to the beneficial occupation of the residential apartments with appropriate standard of fixtures and fittings etc. A condition could secure this.

With the above in mind, it is considered that the principle of the developing this building’s ground floor area to provide a mixture of student residential apartments and B1 commercial floorspace is acceptable and would generally accord with Policies IB6 and IB9 of the Unitary Development Plan.

Highway Issues

Parking provision and access in and out of the building remains unchanged to the arrangements already existing on site. This is acceptable given the building's location in the city centre and proximity to key public transport nodes including the railway station. Highway officers raise no objection to the proposal but seek that some secure parking cycle parking facilities be provided. This can be conditioned.

Noise and residential amenity issues

The applicant commissioned specialist acoustic consultants to carry out a noise assessment of the premises and the immediate area to establish the impact on the development from local noise sources, in particular noise generated from the Leadmill Night Club. Noise measurements were recorded at four fixed positions outside first floor windows overlooking each aspect of the building, two of these being from Leadmill Road and Shoreham Street. As expected noise levels varied from each of the four positions with night time noise level contributions generated from the nightclub found to be high. To mitigate the impact of noise, the consultants recommend a number of sound insulation measures including the provision of high performance double-glazing to qualifying room windows and the proposal to use the ground floor areas facing the Leadmill Night Club for commercial offices as opposed to residential is welcomed.

Environmental Protection Services are satisfied with the report’s findings and raise no objections subject to bedrooms, living rooms and office accommodation meeting specified Noise Rating Standards. These can be conditioned.

Design Issues

Officers’ consider that the building’s visual appearance is adversely affected by the boarded-up ground floor and lack of any active frontage. Officers are therefore keen to see the ground floor of the building occupied in the interests of improving the vitality of the area, and bringing activity and interest to the building’s lower ground floor.

Inspection of the plans shows a various external treatments throughout the building’s ground floor elevations. For instance, along the building’s northern

11 elevation and southern elevations, the treatment of the facades include largely rectangular glazed shop windows with horizontal opaque glazed panels above surrounded mostly by a terracotta cladding system. This contrasts to its two road frontages, where a predominance of high curtain walling and glazed units characterise its Leadmill Road elevation, while on its Shoreham Street elevation, the existing arched openings are in-filled using a composite of coloured render, timber boarding and glazing within a metal frame.

While officers welcome the principle of the development and acknowledge that the building would benefit from an active ground floor, it is considered that the proposed treatment of the building’s ground floor facades is poor and likely to harm rather than preserve the character and appearance of the building. The proportions and detailing of the windows vary significantly across the building’s elevations, with some windows having a vertical emphasis and others horizontal. This is considered to create a very haphazard and disjointed appearance at ground floor level, something that is in sharp contrast to the well-balanced and symmetrical proportions of the building’s upper floors. Of specific concern is the treatment of the five archways facing Shoreham Street. These are considered to be overly complicated and too busy on the eye.

Urban Design Officers consider that their appearance would be much improved if their design were simplified and as opposed to the use of a huge variety of materials, fully glazed and frameless units are recommended. Additionally, it is also recommended that the units should be recessed to reveal the original arches as successfully achieved at the HA! HA! Bar in the Peace Gardens. Officers also raise concern with the proposed schedule of materials, where the plans show the use of timber cladding, coloured render, both terracotta cladding and curtain wall systems and granite. Coupled with the variety of different door and window styles among the design, the proposed range of materials proposed is considered to make the ground floor appear complicated and overdressed to the serious detriment of the building.

Flood Issues

The application site lies within a floodplain as indicated on the Environment Agency Flood Zone Maps with Porter Brook flowing to the north west of the site and River Sheaf flowing to the east of the site. The River Sheaf at its closest is approximately 200m to the east of the site while Porter Brook at is closest is approximately 10 to the northwest. Both watercourses are culverted along the reaches closest to the site. River Sheaf culvert starts at Granville Square and continues right down past the site while Porter Brook flows in a deep channel with raised banks and passes through a number of bridges and culverts before discharging upstream of the station.

The Environment Agency categories the site as being within Zone 3: High Risk, meaning that the probability of flood is 1:100. In response to this, the applicant commissioned a Flood Risk Assessment (FRA). The FRA sets out all possible sources of flooding of the site from the two watercourses and the level of risk. Analysis of the risk from flooding is provided through historic flood events, modelling, flood flows and flood levels. Of these, the FRA reports that neither of

12 two flood events that occurred in 1973 impacted on the site, although it does stress the closest extent of the Porter Brook flood came within 20m of the site. However, a modelling study commissioned by the EA found that during a 2% annual probability event, the entire area would be in flood and during a 1% annual probability event the flood levels in Porter Brook would be some 1.2m higher than some areas of the site’s existing aOD levels.

The conclusions drawn from the FRA state that the development would have no impact on flood risk in the surrounding given that the proposal concerns the use of an existing building. It does nevertheless recommend that some precautionary measures should be carried out including raising the finished floor levels of the residential units above the height of the ‘in channel’ design flood elevation for Porter Brook (58.06m aOD) or raising the floor levels by a minimum of 0.3m above the surrounding land.

The application site, as stated above, lies wholly within a high-risk flood zone where the annual risk of flooding is believed to exceed 1%. In such areas, government guidance in PPG25 states that residential and commercial development may be suitable provided that the appropriate minimum standard of flood defence (including suitable warning and evacuation procedures) can be maintained for the lifetime of the development. While such areas may be suitable for residential use, the Environment Agency has lodged an objection to the proposed development on the grounds of being contrary to the advice given in PPG25. They state that because the proposed development relates to an existing building, acceptable mitigation measures will not be applicable and the appropriate standard of defence cannot be guaranteed. The flood modelling revealed flooding from a 1:100 year event would significantly affect the ground floor of this building. Since the use of the ground floor from commercial to residential is more flood risk sensitive given that it is likely to be occupied on a more permanent basis the Environment Agency are concerned that the proposal would put an unacceptable risk on people and property occupying the ground floor and accordingly recommend that the application is refused.

The modelling study provides the best available information on flood risk. It is clear from this that the site lies within a high flood risk area and under flood conditions, the residential apartments on the building’s ground floor could be susceptible to flood. The development of the ground floor to allow part residential use would therefore put an unacceptable risk on people and property occupying the apartments. For this reason, the development is considered to be unacceptable and contrary to the advice given in PPG25.

Open space provision

Policy H16 of the UDP requires developers to make an appropriate financial contribution towards the provision and enhancement of recreation space in areas where the provision is below the minimum guideline. Sheffield City Centre is one such area. Accordingly, based on 30 one-bedroom flats, it has been calculated that a financial contribution of £26,728.50 should be secured for the provision and enhancement of recreational space within city centre.

13 CONCLUSION

The proposal is to develop the vacant ground floor area of this building for a mixture of student residential units and B1 office accommodation. The submitted drawings show the ground floor areas facing Shoreham Street, Leadmill Road and the Piazza would all be in B1 office use. This is considered to be acceptable and would bring about much-needed business frontages to the street to the positive benefit of the CIQ.

However, it is considered that the proposed development raises serious concerns in terms of the proposed external treatment of the building’s ground floor facades and the risk of flooding of the building’s ground floor. The proposed treatment of the facades is considered to be poor and likely to harm rather than preserve the character and appearance of the building while the latest flood modelling data indicates that the building is in a high-risk flood area and under flood conditions would put an unacceptable risk on people occupying the ground floor apartments. For these reasons it is considered that the proposal is unacceptable and contrary to Policies BE5 and BE16 and government advice given in PPG25: Development and Flood Risk. It is therefore recommended that planning permission be refused for the reasons stated.

Case Number 05/02302/FUL

Application Type A Full Planning Application

Proposal Erection of dormer window to rear of dwellinghouse (Amended plan)

Location 29 Raven Road Sheffield S7 1SB

Date Received 29/06/2005

Team SOUTH

Applicant/Agent Mr C Brennan

Recommendation Grant Conditionally

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

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

H14 - Conditions on Development in Housing Areas and SPG - Designing House Extensions BE16 - Development in Conservation Areas

15 or by visiting Sheffield City Council's website at www.sheffield.gov.uk/your- city-council/council-meetings/planning-boards

Site Location

LOCATION AND PROPOSAL

The application relates to a two-storey semi-detached building that fronts onto Raven Road and is within the Nether Edge Conservation Area. The property is an infill site approved in 1967, and is set back approximately 3.8 metres from the line of the front elevation of the adjoining terrace.

The dwelling is of relatively modern design but the surrounding properties along Raven Road consist of traditional terraced dwellings, all of the same architectural style and design with small pitched roof dormers to the front.

A large flat roof dormer extension has been erected at the rear of the property. Planning permission was sought in 2004 for its retention however this was refused. This application proposes primarily to reduce the size of the dormer windows, and replace the full height French windows and Juliet balcony with a conventional window with cill height of 1.1 metres.

RELEVANT PLANNING HISTORY

Planning permission was refused in June 2004 for retention of a rear dormer window to the dwelling house (Application No. 03/04425/FUL) on the ground of:

The Local Planning Authority considers that the dormer windows would introduce an alien roof form into the Nether Edge Conservation Area, which would seriously detract from the architectural and historic character and appearance of the Conservation Area, and create an unacceptable level of overlooking and overbearing impact on the occupiers of neighbouring properties. This is contrary to Policies H14, BE5 and BE16 of the Sheffield Unitary Development Plan.

SUMMARY OF REPRESENTATIONS

One letter of representation has been received, which raises concerns over non- planning issues. (Concerns over damage occurring to neighbouring properties or trespassing).

PLANNING ASSESSMENT

Policy Issues

The site is identified on the Sheffield Unitary Development Plan Proposals Map as being within the Nether Edge Housing Area and the site is also within the Nether Edge Conservation Area. As such the following policies are applicable.

Policy H14 regarding “Conditions on Development in Housing Areas” requires that new buildings and extensions should be well designed and would be in scale and character with neighbouring buildings.

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

Policy BE16 – Development in Conservation Areas states only development which would preserve or enhance the character or appearance of the Conservation Area will be allowed.

Effect on residential amenities

The existing unauthorised dormer features a full height French window with Juliet balcony. The position of the French window lies within in close proximity of the rear

17 boundary of the site, approximately 6.4 metres away. The properties to the rear along Briar Road also have relatively short rear amenity areas, resulting in facing windows between the existing dormer window and rear facing windows of No. 28 and 30 Briar Road being as close as 12.5 metres. The recommended guideline of 21 metres between facing main windows found in SPG Designing Household Extensions Guideline 6, is therefore not met.

It is acknowledged that it is a characteristic of the surrounding street scenes that distances between facing windows do not meet the criteria of 21 meters. However the French windows found on the unauthorised dormer further increased the level of overlooking substantially to a level considered unacceptable. This is owing to their elevated position, their large area of glazing, and their ability to be fully opened and for occupiers to be able to lean over the Juliet balcony.

This application seeks to replace the French doors and Juliet balcony with a more conventional window with a cill height of approximately 1.1 metres. Furthermore the dormer window is proposed to be bought back in from the line of the rear elevation by 0.75 metres. Whilst the 21 metres is still not meet, it is considered that the proposed alterations do considerably decrease the level of overlooking, resulting in it being similar to the situation with the remainder of the street scene.

It was considered that the unauthorised dormer, due to its proximity to neighbouring properties would exert an over bearing influence on occupiers of neighbouring properties. This application proposes to decrease the width of the dormer by reducing it by 1 metre from the adjoining property of 27 Raven Road, and reducing it by 0.9 metres from the other side. It is also proposed to pull the dormer back so it sits 0.75 metres from the existing rear elevation of the dwelling. This overall reduction results in the dormer no longer dominating the roof plane, and having a far less over bearing impact on occupiers of neighbouring properties.

Design and Visual Amenity Issues

The application property lies within the Nether Edge Conservation Area. The surrounding residential properties are all subject to an Article 4 Directive, which further restricted permitted development. The application property and its a adjoining semi are not covered by the Article 4 Directive, as they are not regarded as having any particular merit that contributes to the character of the conservation area.

The existing unauthorised dormer was refused on the grounds that it would introduce an alien roof form into the Nether Edge Conservation Area, which would seriously detract from the architectural and historic character and appearance of the Conservation Area, and create an unacceptable level of overlooking and overbearing impact on the occupiers of neighbouring properties.

This application seeks permission to make alterations to the existing unauthorised dormer as described previously. Subsequently it is considered that the overall massing of the proposed dormer has been reduced, with it no longer over dominating the roof plane on which is sits. Furthermore only a very slight section

18 can be seen from Raven Road, with the majority of views of the dormer being obtained from the rear amenity areas and windows or properties along Briar Road and not a public highway/area.

A concern with the previous application was the colour and profile of the hanging tiles proposed. The applicant has proposed an alternative tile, shown in brochure form. However a condition on the application would secure a sample to be submitted and approved in writing to ensure a satisfactory match is achieved.

ENFORCEMENT

The original application was refused at the Area Board of 07.06.2004 with authority given for enforcement action to be taken to remove the dormer and to re-instate the roof to form a pitched roof. This was on the grounds that the dormer was not in keeping with the character and appearance of the Nether Edge conservation area, and would result in an unacceptable of overlooking and overbearing to the neighbouring properties.

It is considered that this application addresses the issues of design, overlooking and overbearing which are no longer at a level that is regarded as being unacceptable and warranting refusal.

It is however, due to the passage of time, considered necessary to seek further authority from members to pursue enforcement action to seek removal of the unauthorised dormer in the event that construction of this replacement is delayed significantly, or does not occur.

SUMMARY AND RECOMMENDATION

The Local Planning Authority considers that the amended scheme for the dormer proposed in this application would no longer introduce an alien roof form into the Nether Edge Conservation Area. Furthermore the issues of overlooking and overbearing to the occupier of neighbouring properties which were at an unacceptable level have now been addressed, and the scheme no longer warrants are refusal on those grounds.

For these reasons it is recommended that permission be granted and members are asked to authorise the Assistant Chief Executive, Legal and Governance to take any necessary steps, including if necessary enforcement action and the institution of legal proceedings, to secure the removal of the existing unauthorised dormer window.

Case Number 06/00143/FUL

Application Type A Full Planning Application

Proposal Erection of dwellinghouse with integral garage

Location Curtilage Of 250 Millhouses Lane Sheffield S11 9JA

Date Received 10/01/2006

Team SOUTH

Applicant/Agent Jenkinson Associates

Recommendation Minded to Refuse

Subject to:

1 The Local Planning Authority consider that the proposed development, by virtue of its overdeep footprint, overdominant roof, external appearance and poor detailing, gives rise to an unsatisfactory design which would be out of character in the locality and injurious to the amenities of the streetscene, contrary to the aims of Policies BE5 and H14 of the Sheffield Unitary Development Plan.

20 Site Location

LOCATION AND PROPOSAL

The site is located within an area of attractive, up market post war villas, set within large grounds and intermixed with more recent infill housing.

The proposal involves the erection of a 3 storey dwellinghouse, on a plot 15 metres wide x 37 metres long, within the side garden area of No. 250 Millhouses Lane.

The house would be 12 metres wide x 10 metres deep x 9.5 metres high to the ridge and 5 metres high to the eaves. The property would offer the following accommodation.

Ground Floor – garage for up to 3 cars.

21 First Floor – kitchen/diner, living room and 2 bedrooms with en suite showers. Second Floor – 2 bedrooms both with en suites.

SUMMARY OF REPRESENTATIONS

3 letters of objection were received from nearby residents on the grounds that;

The proposed first floor living accommodation would overlook the garden of No. 260 Millhouses Lane and the first floor balconies, proposed at the front of the property, would cause loss of privacy to the bedrooms of nearby properties.

The plans don’t show the size and location of the proposed dwellinghouse accurately in relation to adjoining properties.

A large conifer tree on the site was not shown, but would take up much of the rear garden area and would be much too close to the proposed new house. This tree should be retained for amenity and screening purposes.

The detailing of the plans is poor and the design proposed is out of character. Other recently erected housing in the vicinity has been much more in keeping with the traditional character of the area.

PLANNING ASSESSMENT

Policy Issues

The site is located within a Housing Policy Area and complies with Policy H10 of the Sheffield Unitary Development Plan 1998, which states that housing is the preferred use in such areas.

However, the proposals are considered to be a poor design, contrary to Policy BE5, which requires that new buildings should complement the scale, form and architectural style of surrounding buildings and Policy H14 which requires that the site must not be overdeveloped, or cause serious loss of garden space which would harm the character of the neighbourhood or deprive neighbours of light, outlook or privacy.

Design And Impact

The site is considered to be large enough to accommodate a dwellinghouse, together with adequate car parking and amenity space, for both the existing house and the proposed dwelling house.

The proposed dwellinghouse would be energy efficient, incorporating good insulation, thermal roof glazing, solar gain and photovoltaic panels, for water heating and micro-generation and this is welcomed.

However, the proposed design is considered to be out of character in the streetscene. The roof form is over-dominant, due to the excessive depth of the floor plan and is littered with a mass of openings and photovoltaics, which appear to have

22 been placed without due regard for visual impact. The elevation below has poor articulation, which fails to consider the architecture, character and appearance of nearby properties.

The plans lack sufficient detail to properly describe the proposals in any depth.

In order to accommodate the proposed integral drive through garaging, the development has an over-deep floorplate, which projects 3.5 metres out beyond the existing rear building line. This is continued at 1st and 2nd floor levels, and is contrary to Guideline 4, of the Sheffield City Council, Supplementary Housing Design Guidance, which aims to retain a minimum distance of 10 metres, between main elevation windows and the rear boundary, in order to protect rear garden areas from over-development and loss of outlook.

The proposed design also fails to consider mobility issues and would be difficult to adapt for use by disabled residents.

Highway Issues

There are no highway objections to the proposals, which provide a drive through garage at ground floor level, capable of accommodating 3 vehicles. If the proposals were to be approved it would be necessary to provide 2m visibility splays at the access.

RESPONSE TO REPRESENTATIONS

The side elevation windows are to be obscure glazed and the front balconies have been reduced in size, to avoid overlooking No. 260 Millhouses Lane.

The agent states that the site boundary adjoining No. 260 Millhouses Lane is accurate and that the extension to No. 260 is actually constructed on the boundary.

The agent has confirmed that the large evergreen tree to the rear, is to be retained. It is a species which has a relatively small root ball and would be unlikely to affect the foundations of the boundary wall to No. 260, or the proposed new property.

SUMMARY

The proposals involve the erection of a dwellinghouse, on a side garden at No. 250 Millhouses Lane. The plot is large enough to accommodate a dwellinghouse, with car parking and amenity space, but the design proposed has an over deep floor- plan, an over-dominant roof, too great a projection beyond the rear building line and poor articulation to the front elevation and is considered to be out of character in this location. The proposals also fail to take mobility considerations into account.

The applicant has been offered every opportunity to amend the design, but the amended proposals are still considered to be unacceptable.

23 RECOMMENDATION

The applicant has submitted an appeal for non-determination and it is therefore recommended that the planning inspectorate are informed that the Local Planning Authority are minded to refuse the application, for the reason stated within the agenda papers.

Case Number 06/00370/FUL

Application Type A Full Planning Application

Proposal Erection of 189 apartments in 1 x 6/7 storey block with offices (Class B1 Business), shops (Class A1) Health Club (Class D2 Assembly and Leisure) Restaurant/Cafe (Class A3) and Bar/Drinking Establishments (Class A4) and car showroom on ground floor and basement car parking accommodation (amended description) (As per amended plans 13/00J, 01L, 02L, 03L, 04L, 05J, 06J, 12G, 13G, 14G, 15G, 16F, 17F, 18G, 20A, 21A, 28 & 29)

Location 75 Milton Street, 83 Headford Street And Land At Milton Lane, Thomas Street And Hodgson Street Sheffield S3 7WG

Date Received 27/01/2006

Team CITY CENTRE AND EAST

Applicant/Agent Axis Architecture

Recommendation Grant Conditionally Legal Agreement

Subject to:

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

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

2 The development shall not be begun until the improvements (which expression shall include traffic control, pedestrian and cycle safety measures) to the highways listed below have either;

a) been carried out; or b) details have been submitted to and approved by the Local Planning Authority of arrangements which have been entered into which will secure that such improvement works will be carried out before the buildings are occupied.

Highway Improvements:

25 1) Milton Street footway south side, between Headford Street and Fitzwilliam Street, consisting of widening, lighting and resurfacing details to be in accordance with secondary palettes as defined in the Urban Design compendium.

2) Milton Street consisting of traffic calming works and provision of service lay-by.

3) Thomas Street, Milton Lane, Headford Street and Hodgson Street footways along the site frontage, consisting of surfacing and lighting improvements in accordance with the secondary palettes as defined in the Urban Design Compendium.

4) Review of Traffic Control Orders.

In the interests of improving the environment and safety for occupiers and visitors walking and cycling to the site.

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

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

4 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.

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 used for the sole purpose intended in all instances and be properly maintained.

In the interests of the safety of road users.

6 The number of parking spaces allocated to the commercial uses shall not exceed 30.

26 To ensure that the uses are not over provided with parking in the interests of ensuring sustainable means of travel to the site.

7 The cycle parking shown on the approved plans shall be provided before the flats are occupied and thereafter permanently retained.

In the interests of encouraging sustainable access to the site.

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

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

9 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 in accordance with the approved details within 1 month of the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority. When the above-mentioned landscaping has been carried out, thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced in accordance with the approved details unless otherwise authorised in writing.

In the interests of the amenities of the locality.

10 The above mentioned landscaping scheme shall include details of the green roof and roofgardens.

In the interests of the amenities of the locality.

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

In order to ensure an appropriate quality of development.

12 Large scale details, including materials and finishes, at a minimum of 1:20 scale of the items listed below shall be approved in writing by the Local planning Authority before the commencement of development:

Windows Window reveals and recesses where material change

27 Doors Shopfronts Eaves and soffit details Balconies/balustrades Extract vents

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

In order to ensure an appropriate quality of development.

13 The retail sales area shall not exceed 280sq.m unless otherwise agreed in writing by the Local Planning Authority.

To ensure that the development does not become a retail destination to the detriment of the City Centre Retail Quarter and in accordance with the Sheffield Unitary Development Plan Policy S5.

14 The retail shop (class A1) shall be predominantly used for the sale and display of convenience goods (food, drink, tobacco, cleaning materials, newspapers, sweets) unless otherwise agreed in writing by the Local Planning Authority.

In the interests of ensuring the development is consistant with PPS6 and because a need has only been established for a convenience store.

15 Notwithstanding the terms of the General Permitted Development Order 2005, or any statutory instrument revoking or re-enacting that order, there shall be no permitted change of use from classes A3 and A4 to retail class A1 without planning approval having been first obtained.

To ensure the development does not become a retail obstruction to the detriment of the City Centre Retail Quarter and in accordance with the Sheffield Unitary Development Plan Policy S5.

16 The shop fronts shall be implemented in accordance with the approved plans prior to any of the flats being occupied.

In order to ensure the shopfronts are not boarded up pending initial lettings thereby creating an unattractive streetscene and a hostile pedestrian environment.

17 Prior to any of the flats being occupied a scheme of public art works along with a programme for implementation shall be submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with the approved timescale.

In the interests of the amenities of the locality and UDP Policy BE12.

28 18 A minimum of 25% of the apartments shall be designed to mobility standards, in accordance with the submitted details.

To ensure there is an adequate supply of accessible housing in accordance with Sheffield Unitary Development Plan Policy H7.

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

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

20 Prior to the occupation of any part of the development, a detailed Travel Plan(s), designed to reduce the need for, and impact of, motor vehicles, increase site accessibility and to facilitate and encourage alternative travel modes, shall have been submitted to and approved in writing by the Local Planning Authority. Where there has been a previously approved Framework Travel Plan for the proposed development, the detailed Travel Plan(s) shall be developed in accordance with it. The Travel Plan(s) shall include:

1. Clear and unambiguous objectives and modal split targets;

2. An implementation programme, with arrangements to review and report back on progress being achieved to the Local Planning Authority for written approval of actions consequently proposed, at intervals of one, three and five years from occupation;

3. Arrangements to carry out a user survey(s), the results of which shall be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.On occupation, the approved Travel Plan(s) shall thereafter be implemented, subject to any variations approved in writing by the Local Planning Authority.

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

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

To ensure satisfactory drainage arrangements.

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

To ensure satisfactory drainage arrangements.

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

To ensure satisfactory drainage arrangements.

24 The surface water discharge from the site shall be subject to a reduction of at least 20% compared to the existing peak flow and that the detailed proposals for surface water disposal, including calculations to demonstrate the reduction, must be submitted to and approved in writing by the Local Planning Authority prior to the commencement of building.

To ensure satisfactory drainage arrangements.

25 The buildings shall be used for A1, A3, A4 or D2 purposes only between the hours of 0800 and 0030 on any day.

In the interests of the amenities of the locality and future occupiers of the flats.

26 The amount of B1 office floor space shall be not less than 1668sq.m as identified on the plans attached to the e-mail dated 16/07/06.

In the interests of ensuring that there is a significant office content to the scheme in accordance with UDP Policy IB9(a).

27 The development shall not be begun until arrangements have been submitted to and approved in writing by the Local Planning Authority which will ensure that future occupiers of residential accommodation on the site are made aware that should they choose to open windows on the Thomas Street and Hodgson Street elevations, they would be subject to noise from traffic/business in the area, and that the scheme has been designed to minimise noise nuisance provided the windows are kept closed.

In the interests of the amenities of future occupiers of the flats and in order to minimise the likelihood of complaints that could impact on adjacent business.

28 The development shall not be used for the purposes hereby permitted unless the scheme of sound attenuation works described in the Noise Report dated December 2005 as amended by letter dated 12/04/06 and

30 email dated 18/08/06 has been carried out as specified in the Report and such works shall thereafter be retained.

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

29 Before the development commences full details of the fully ducted mechanical ventilation system shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented before the buildings are occupied and thereafter permanently retained.

In the interests of the amenities of the locality and future occupants of the flats.

30 The commercial units shall not be used unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall:

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

b) Be capable of achieving the following noise levels in the flats or the upper floors:

Bedrooms: LAeq 15 minutes - 35dB (2300 - 0700 hours) Living Rooms: LAeq 15 minutes - 45dB (0700-2300 hours)

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

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

31 No live music or amplified sound shall be played within the D2, A3 and A4 units unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall:

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

b) Be capable of restricting noise breakout from the building to the street to levels not exceeding:

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

(ii) any octave band centre frequency by more than 3 dB when measured as a 15 minute linear Leq.

31 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 occupiers of adjoining property.

32 No deliveries to the commercial units 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.

33 No movement, sorting or removal of waste bottles, materials or other articles, nor movement of skips or bins shall be carried on outside the building within the site of the development between 2300 hours and 0700 hours 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.

34 The restaurant cafe (A3) of pub/bar (A4) 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.

35 The diffuse glazed windows shown on the approved plans shall be provided before the flats are occupied and thereafter permanently retained. In those locations where the only windows serving bedrooms have diffuse glass, details of a design that incorporates an upper pane of clear glass shall be submitted to and approved by the Local Planning Authority unless otherwise agreed in writing by the Local Planning Authority.

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

36 Sound attenuation shall be designed into the office such that internal noise levels should meet noise rating curve NR40 when measured as a 15 minute linear Leq at the Octave band centre frequencies:

31.5 Hz to 8KHz, unless otherwise agreed in writing by the Local Planning Authority.

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

32 37 Before the commercial floorspace is brought into use details shall be submitted to and approved by the Local Planning Authority of arrangements to provide disabled access between the basement car park and ground floor.

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

38 Prior to the car park to the larger building being brought into use, details of directional signage to control the operation of the car park shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented before the car park is brought into use.

In the interests of the safety of road users.

Attention is drawn to the following justifications:

IB6 - Development in Fringe Industry and Business Areas IB9 - Conditions on Development in Industry and Business Areas IB11 - Housing & Residential Institutions in Industry & Business Areas BE19 - Development affecting Listed Buildings H16 - Open Space in New Housing Developments

This informative is intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report by contacting the Planning Records section on 2734215 or by visiting Sheffield City Council's website at www.sheffield.gov.uk/your- city-council/council-meetings/planning-boards

Attention is drawn to the following directives:

1. It is noted that your planning application involves the construction or alteration of an access crossing to a highway maintained at public expense.

This planning permission DOES NOT automatically permit the layout or construction of the access crossing in question, this being a matter which is covered by Section 184 of the Highways Act 1980, and dealt with by:

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

33 For access crossing approval you should contact the Highway Development Control Section of Sheffield City Council on Sheffield (0114) 2736136, quoting your planning permission reference number.

2. As the proposed development abuts the public highway you are advised to contact the Highways Co-ordination Group on Sheffield 2736677, prior to commencing works. The Co-ordinator will be able to advise you of any pre- commencement condition surveys, permits, permissions or licences you may require in order to carry out your works.

3. The developer's attention is drawn to Sections 7 and 8A of the Chronically Sick and Disabled Persons Act 1970, as amended, and to that code or any such prescribed document replacing it. Section 8A sets requirements for access to and facilities at offices and other premises. Section 7 requires a notice or sign to be displayed, indicating that provision is made for the disabled.

If you require any further information please contact Mr B Messider on Sheffield 2734197.

4. The developer's attention is drawn to:

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

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

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

If you require any further information please contact Mr B Messider on Sheffield 2734197.

5. The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services. The 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

34 Protection Service, 2 -10 Carbrook Hall Road, Sheffield, S9 2DB: tel. 0114 2734651.

6. You are advised that residential occupiers of the building should be informed in writing prior to occupation that:

(a) limited/no car parking provision is available on site for occupiers of the building, (b) resident's car parking permits will not be provided by the Council for any person living in the building.

7. The applicant is advised that the structural design of the walls to the basement car park which will support the highway will need approval by the highway authority. A licence will also be needed from the highway authority for any balance overhanging the highway.

Site Location

35 LOCATION AND PROPOSAL

The site is located in the Milton Street Industrial/commercial area between Fitzwilliam Street and Hanover Way. It comprises of the whole block of property defined by Milton Street, Milton Lane, Headford Street and Thomas Street and a smaller site on the corner of Hodgson Street and Thomas Street.

The larger site is mainly occupied by a single and two-storey 1960s workshop and a small three-storey 19th century building on the corner of Headford Street and Milton Lane. The smaller site is used as an un-surfaced private car park.

On the north side of Milton Street opposite the site there is the Taylor’s Eye Witness works. This is a three story grade II listed metal trades building which is still in use for tool manufacturing. To the west there is a Stokes tiles depot, to the south various engineering businesses and to the east a vacant site that has planning permission for a mixed used residential and commercial scheme.

The application proposes clearing the existing buildings and redeveloping the site with two buildings between 5 and 7 storeys high. Permission is sought for the use of the ground floor of the smaller block and two thirds of the ground floor of Milton Street block as offices (approx. 1670 sqm). The remainder of the ground floor will provide flexible space that could be used as offices, car showroom, restaurant/café and a small shop (approx. 560 sqm). 189 flats would be developed on the upper floors, the mix comprising of 27 studio flats, 136 one-bed units and 26 two-bed units. There will be basement car parking accessed from Headford Street and Thomas Street with 93 spaces in total of which six are allocated as disabled bays. 63 spaces will be allocated to the flats and 30 for the commercial uses. Pedestrian access to the development is from Milton Street and Thomas Street for the commercial elements of the scheme and from Thomas Street and Headford Street for the flats.

The development follows the back edge of footpath, although the upper floors on the Milton Street block take an E shaped plan form, which allows for small roof gardens. The building is generally 5 storeys high on the Milton Street frontage rising to 6 storeys at the corners. The 5th floor is set back along most of the Milton Street frontage and along Milton Lane with the sixth floor stepping back further on both these frontages. The smaller block on Thomas Street rises to 7 stories with the upper two floors stepping back at various points.

The design approach is contemporary. Large glazed shop front type window openings are proposed at ground floor level along all the street frontages. The upper floor windows are generously proportioned and grouped together to create an ordered pattern. Some of the upper floor windows have been designed as projecting bays whilst other openings incorporate Juliet balconies; terraced balconies appear at the upper levels where the elevations step back.

The buildings will be predominantly faced in red brickwork with the upper floors and feature elements faced in a ‘zinc like’ metal cladding panel. The Headford Street/Milton Street corner is to be faced in Corten which is a metal rainscreen cladding system.

RELEVANT PLANNING HISTORY

Members may recall that planning consent was granted for a mixed-use commercial and residential scheme on the former Mercedes dealership site immediately to the west of the site in October 2004 (03/03677/FUL).

SUMMARY OF REPRESENTATIONS

Two representations have been received from adjoining businesses on the original scheme.

Stokes Tiles have made the following comments.

- Parking provision for the residential part of the scheme is too low which will bring considerable additional parking demands on the scant on-street parking facilities. Either the parking provision should be increased or the scale of development reduced. Some of the existing parking restrictions are only in force during the normal working day. Overspill parking from the development will use up on street parking and may obstruct delivery access for companies that operate outside the normal working day. The existing parking restrictions should be reviewed in order that no overspill parking occurs on the highway to the detriment of the safe movement of traffic and access to businesses in the area. The development should be designed with off street servicing otherwise the development will further reduce the limited on street parking facilities.

- During construction, access arrangements, hours of working, noise, dust and pollution should be controlled.

- Due to the proximity of the residential development normal loading operations may lead to complaints about noise and disturbance. The residential properties should be adequately insulated to ensure they do not prejudice the operation and employment at Stokes.

Sheffield Artmetal have made the following comments.

- Natural light to the workshop will be seriously reduced due to the height of the development.

- The noise assessment has not properly assessed the noisiest sources of plant. The proposed mitigation works to deal with noise issues such as covering the rear yard are impractical. It is sometimes necessary to work 7 days both during the day and night to meet contract deadlines and the development must not restrict this activity. The Council should impose suitable conditions to ensure employee’s jobs are not put at risk.

37 - Pedestrian and vehicular access is required along Milton Lane and temporary or permanent road closures should not be allowed.

Sheffield Conservation Advisory Group felt concern at the proposed use within the area, given the neighbouring industrial uses and concern at the massing and scale of the development, which was inappropriate and would have a damaging impact on the setting of the Eyewitness Works.

Following discussions the scheme was amended and neighbours were re- consulted. One additional letter has been received raising concerns about the size of the flats and questioning whether they will bring sustainable regeneration. The writer felt the scheme to be appropriate to its setting, in keeping with the listed buildings opposite and considers that it should be faced in red brickwork.

PLANNING ASSESSMENT

Policy Issues

The site falls within a Fringe Industry and Business Area in the Unitary Development Plan. Employment uses, general industry, warehousing and offices are the preferred uses, Policy IB6. Housing is an acceptable use. The justification for this policy advises, “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.”

Policy IB11 states that housing will be permitted only where the development would not further constrain industrial or business development and not suffer from unacceptable living conditions, including noise, other nuisance.

Policy IB9(a) requires that development would not lead to a concentration of uses which would prejudice the dominance of industry and business in the area or cause the loss of important industrial sites. Buisness uses are currently dominant in the area. The application proposes approximately 1670 sqm of B1 (office) floor space with additional flexible floor space that could be used for either offices, car showroom, retail or food and drink uses. The committed office floor space is less than the business/industrial space currently accommodated on the site (approximately 2000 sqm), therefore the proposal will worsen the balance of employment uses in the area. Balanced against this the scheme would replace old unattractive floor space with new space which is more likely to meet current needs. In addition the other non-office uses proposed on the ground floor are uses that will create a more active street frontage and thereby a more attractive environment for residents, these uses could also meet some of residents shopping or entertainment needs. It is therefore concluded that the small reduction in business floor space is outweighed by the benefits to the scheme.

Policy BE19 states that development that affects the setting of listed buildings will be expected to preserve their setting.

38 Retail floor space, (less than 280 sqm) and food and drink uses are acceptable uses under policy IB6. However Planning Policy Statement 6 ‘Planning for Town Centres’ supersedes policy IB6. This requires LPA to consider the need for the development, adopt a sequential approach to site selection and consider the impact on nearby centres. However it is considered that a reasonable case can be put forward for the provision of a small local convenience store and food and drink facilities to serve local need. These uses will help to generate active frontages and a more interesting and varied mixed-use scheme. However in order ensure the retail development serves local needs and does not undermine the New Retail Quarter it is proposed to attach conditions that will limit the retail floor space to no more than 280 sqm and to selling convenience goods. The Retail Quarter development is aimed at non-food shopping and a small convenience shop should not have a significant on this scheme.

In the Devonshire Quarter Action Plan the site lies in the Milton Street Industrial and Business Area the plan identifies housing priority zones, the application site does not lie within one of these zones.

The City Centre Living Strategy was approved as supplementary planning guidance on 28.4.04. It generally encourages the growth of housing in the central area acknowledging the sustainability, vitality, and evening economy benefits. The guidance encourages housing in most areas of the city centre including the Devonshire Quarter subject to living conditions being acceptable (Guideline 1). Guideline 8 states that planning consent will be refused for developments that are unable, through design, technical measures or separation, to prevent noise and disturbance from affecting residents. Agreed technical measures should ensure that the appropriate level of noise insulation could be achieved in any new development, but if this cannot be achieved, then the amenity of residents should take priority and the development would be considered unacceptable.

The Urban Design Compendium identifies the site as falling within the Milton Street Character area, which also includes the Listed Buildings on the north side of Milton Street. The building at the corner of Headford Street and Milton Lane is identified as a building that contributes to the character of the area. The compendium states that buildings should address the street and generally be of 2-5 storeys. It encourages contemporary design and advises that in the character areas building materials should be sensitive to the character.

Design and Listed Building Issues.

The buildings have been designed to address the back edge of footpath and consequently reinforce the historic street pattern. It is intended that a conservation area be designated around the core of historic buildings concentrated on Milton Street and it is likely that back edge of footpath development will be one of the guiding principles for new development.

The Urban Design Compendium advises that buildings should be generally 2-5 storeys high. The main Milton Street block generally accords with this the majority of the block being 4 storeys high with the fifth floor set back. On Milton lane frontage the building is the same height but accommodates an extra storey as the

39 ground floor commercial floor space has a lower floor to ceiling height on this elevation. The Thomas Street and Headford Street corners rise to six storeys but this is considered to be acceptable in order to mark the corners and provide a more varied and interesting streetscape. The Thomas St Hodgson Street block rises up to 7 storeys with the top 2 storeys set back on Hodgson Street and Milton Lane and treated with different materials. On balance this is considered to be acceptable as this block is more remote from the character area and it is likely that storey heights will rise towards the Fitzwilliam Street/Moore Street corner when these sites are redeveloped.

Cross sections have been supplied which show the relationship between the new buildings and the listed Eye Witness Works on the north side of Milton Street. The four-storey element facing onto Milton Street will be approximately one and half storeys higher than the eaves of the Eye Witness Works. Given the width of the street it is considered that the new building will not overwhelm the listed building opposite. Although the building design is contemporary the regular ordering of the window openings, the vertical emphasis and the use of brick facing materials makes reference to the listed building opposite. It is concluded that the redevelopment scheme along with the public realm works referred to below will enhance the setting of the listed works.

Whilst the C19th building at the corner of Headford Street and Milton Lane is identified as contributing positively to the character of the area it has also been unsympathetically altered and its scale and form does not lend its self to being integrated into the scheme. As it is not listed or within a conservation area there is no means of preventing its demolition. The design of the replacement building is good and therefore it is concluded that there is no reasonable basis for resisting the loss of this building.

Milton Lane is a narrow street, just over 6m wide. There is danger that built development along the back edge of footway on both sides of the street would create a canyon effect. However the E shaped plan form means that the level of street enclosure is relieved by the set back elements of the scheme above ground floor level.

The submitted design proposes good contemporary architecture utilising both traditional and modern materials, which is consistent with the guidance in the Urban Design Compendium. There are large glazed openings at ground floor level on all the street frontages, which will create an active and varied street scene. The window openings at upper levels are generous and varied and the designs incorporate projecting bays, balconies and setbacks. Overall the scheme will have a strong positive impact on the street scene replacing the rather non-descript buildings that currently occupy the site.

There are four pedestrian entrances to the buildings, one on Milton Street, two on Thomas Street and one on Headford Street. These will contribute to creating active street frontages. The vehicular access points are on Thomas Street and Headford Street are positioned away from the main pedestrian boulevard along Milton Street.

40 Access Issues

The transport assessment reveals that the new development is likely to generate significantly more traffic that the existing development. However it is concluded that this is unlikely to have a significant impact on the highway network and there is no justification for any junction improvements.

The proposed parking split consists of 30 spaces for the commercial uses and 63 spaces to serve the flats. This will result in a significant number of flats having no parking spaces. Given that the site is well served by public transport and the proximity of shops and services a significant element of car free development is welcomed. As the site is with the City Centre Controlled parking zone during the working day on street parking will be time limited and therefore it is unlikely to be used by residents. Outside the normal working day there will be no charge for using the on street parking bays however during these times the demand from businesses and visitors to the City Centre is likely to be minimal. As on street parking is only permitted in allocated areas there is no reason why it should interfere anymore with delivery access than the current situation. The parking provision for the commercial uses is consistent with the Council’s guidelines

A travel plan framework has been submitted which seeks to minimise travel by the private car. Detailed travel plans will need to be submitted when specific occupiers are known.

As residential uses are being introduced into an industrial area it is necessary and reasonable to insist on the public realm being improved in the interests of providing a more attractive, more secure pedestrian friendly environment. It has therefore been agreed that the following improvements will be carried out.

- Footway widening, repaving, improved lighting and improved street furniture on Milton Street between the Headford Street and Fitzwilliam Street. - Improved paving and lighting to all footways adjoining the site. - Traffic calming works to Milton Street.

Noise Issues

A noise survey has been carried out to assess background noise levels during the day and night and industrial noise sources near the site. The dominant noise source is traffic and the site falls in Noise Exposure Category B during both the day and night except Thomas St, which falls within Category C in the night. The advice in PPG24 ‘Planning and Noise’ is that on Category B sites noise should be taken into account and steps taken to ensure an adequate level of protection against noise for residential development. On Category C sites planning permission should not normally be granted for residential development unless there are other planning reasons, which outweigh the noise issues.

There are however concerns in respect industrial noise from Stokes tiles and Sheffield Artmetal. The former has early morning deliveries on the Thomas Street/ Hodgeson Street frontage and the later has outdoor working and noisy machinery. The applicants have been asked to consider re-designing the scheme to remove

41 bedrooms from the Thomas Street and Hodgeson Street frontages to address the concerns about early morning delivery noise. They have been unable to achieve this but have put forward a very high standard of noise insulation to deal with both these industrial noise sources. This consists of external double-glazing and additional secondary glazing separated by a 100mm gap, which will be applied to the elevations likely to be affected by industrial noise. It is considered that the insulation and ventilation works proposed will protect residents against noise disturbance provided the windows are kept closed. The Environmental Protection Service have advised that if residents do open bedroom windows there are likely to be noise complaints. A condition is therefore proposed which will require future occupiers to be warned that the flats are in an industrial area and have been designed to have windows closed with ventilation provided by mechanical means.

There is still however a risk that if residents open their windows they are likely to be disturbed by early morning loading operations at Stokes tiles on Thomas Street. If complaints arise the Council would be obliged to act under Environmental Protection Act legislation. It is not possible to predict the outcome of this process but a business would have a defence if it were using the best practical means of carrying out its operations and presumably the fact that the flats were designed to have windows closed at night would be taken into account.

Since the application was submitted Sheffield Art Metal have vacated their site and a planning application has been submitted to redevelop their site and an adjacent site for offices and flats. Whilst there is no guarantee that development will go ahead the likelihood that the site will remain in industrial use is significantly reduced.

Archaeology

An archaeological appraisal has been undertaken which reveals that the site was developed for industry and housing in the mid to late C19th. The domestic properties were cleared in the 1960s and a modern engineering works developed on most of the site in the late 1960s. The only C19th property standing on the site is the a much altered industrial building located at the corner of Milton Lane and Headford Street which has been used for a variety of industrial uses. A condition is proposed to secure a programme of further archaeological investigations.

Contamination

A desk based assessment has been carried out which recommends that further investigations are undertaken when the buildings are demolished as parts of the site have been used for industrial purposes where potentially contaminating substances have been used.

Open Space and landscape Issues.

Under the terms of UDP policy H16 and the City Centre Living Strategy the applicants are required to make a contribution in order to meet the open space needs of future residents. In this case the contribution equates to £170,580 and

42 this has been secured by a planning obligation. It is likely to be used to fund improvements to the Devonshire Green open space area.

Within the scheme itself there is limited provision for on site open space. However there are three roof gardens and a number of the flats have access to roof terraces and small balconies. The Milton Street block has also been designed with a wide internal communal spine and atrium which is intended to create a greater sense of community. Given the above and the sites proximity to Devonshire Green the open space provision is considered to be satisfactory.

Disabled Access.

25 % of the units will be designed to mobility standards and the commercial units will be accessible to people with disabilities.

RESPONSE TO REPRESENTATIONS

The following comments relate to the issues not already covered in the report. A condition is proposed to ensure an on street service lay-by is provided on Milton Street.

During construction the control of dust and hours of operation is covered by separate Environmental Protection Act legislation.

The application does not include any proposals to close Milton Lane. Since the original submission further noise assessment work has been carried out at Sheffield Art Metal and amended noise attenuation proposals put forward. This company have now sold the site and a planning application for housing and offices has been submitted on the site.

SUMMARY AND RECOMMENDATION

The proposal is considered to be consistent with policy and the small reduction in business space is outweighed by the benefits of creating new higher quality space. The scale and massing of the scheme is considered to be satisfactory and the design is of a good standard that will enhance the appearance of the area. The design makes reference to the adjacent listed buildings and respects their setting. The environmental quality is considered to be satisfactory for flats given the noise attenuation works proposed. The site is well located in terms of access to shops, services and public transport and will help to integrate Hanover Way mixed use scheme more successfully with the City Centre. Now that Sheffield Art Metal have relocated the site is relatively quite except for the early morning deliveries to Stokes. The noise attenuation works have been designed to address these concerns but there is still a residual risk of noise conflicts between this commercial use and the residential uses. However it is considered that these concerns are not so great as to justify resisting the grant of planning permission given the regeneration benefits of the scheme. It is therefore recommended that planning permission be granted.

Case Number 06/00386/FUL

Application Type A Full Planning Application

Proposal Erection of 41 student apartments with associated management facilities, erection of public house and convenience store, with courtyard above (A4 and A1 uses), alterations to and refurbishment of adjoining Grade II Listed Building to form linking of ground floor to proposed public house, alterations to levels 4 and 5 to form 2 additional student apartments and erection of a glazed staircase

Location Site Of Cornhill Works 91-99 Edward Street Sheffield S3 7GA

Date Received 02/02/2006

Team CITY CENTRE AND EAST

Applicant/Agent Studio One

Recommendation GRA/GC subject to Legal Agreement

Subject to:

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

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

2 Before the development is occupied the private residential element of the wider scheme, approved under planning reference 06/02803/FUL, fronting Solly Street, shall be constructed and ready for occupation.

In the interest of the goals set out within the St Vincent's Action plan.

3 Before the development is occupied all works to the Grade Two Listed Building identified within the approved plans shall have been completed and all relevant conditions within planning application reference 06/00389LBC shall have been discharged to the satisfaction of the Local Planning Authority.

In order to preserve and enhance the character of the Conservation Area and in order to ensure the protection of the Listed Building .

4 The building shall not be occupied until the shell and core of the convenience store and bar are in place this shall include the glazed frontages.

In order to preserve and enhance the character of the Conservation Area and in the interests of the visual amenities of the locality.

5 Before the building is occupied details of a management plan to be imposed in respect the entrance leading to the Listed Building fronting Edward Street shall have been submitted to and approved in writing by the local planning authority and put in place. The measures should include details of the enclosure, measures to ensure access to this walkway is restricted and details of how it is to be illuminated, once in place it shall thereafter be retained.

In the interests of pedestrian safety.

6 Before any work on site is commenced, a landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The scheme shall be carried out in accordance with the approved details within 1 month of the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority. When the above-mentioned landscaping has been carried out, thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced in accordance with the approved details unless otherwise authorised in writing.

In the interests of the amenities of the locality.

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

In the interests of the safety of road users.

8 The building shall not be occupied unless the cycle parking, bin storage and servicing facilities as shown on the approved plans have been provided in accordance with those plans and, thereafter, such facilities shall be retained.

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

9 Prior to the occupation of any unit, details of the external footway resurfacing works to Edward Street & Kenyon Street, including materials to

45 be used, shall have been submitted to and approved in writing by the local planning authority and the said works completed in accordance with those details.

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

10 Prior to the occupation of any unit, the developer shall submit, and receive written approval from the Local Planning Authority, a travel plan linking this proposal with the wider scheme (phase one & two).

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

11 Before the development is commenced, full details of proposals for the inclusion of public art within the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall then be implemented prior to the occupation of the development unless otherwise authorised in writing by the Local Planning Authority.

In order to satisfy the requirements of Policy BE12 of the Unitary Development Plan and to ensure that the quality of the built environment is enhanced.

12 The building shall not be used unless a level threshold has been provided to both the Edward Street entrances into the residential accommodation and the convenience store and bar thereto in accordance with details to be submitted to and approved in writing by the Local Planning Authority and thereafter such level threshold shall be retained.

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

13 No development shall take place until the applicant, their agent, or their successor in title has agreed a programme of archaeological work with the Local Planning Authority, to include submission of detailed reports on both the completed excavation and structural recording, and that programme shall then be implemented and monitored to the satisfaction of the Local Planning Authority.

14 Before development is commenced, a scheme for the reuse of the salvaged stone artifacts from the collapsed retaining wall shall have been submitted to and approved in writing by the Local Planning Authority, and the development shall not be occupied unless such stone artifacts have been reused in accordance with such approved scheme they shall thereafter be retained.

In the archaeological interests of the locality.

15 The surface water discharge from the site is subject to a reduction of at least 20% compared to the existing peak flow and the detailed proposals for surface water disposal, including calculations to demonstrate the reduction, must be submitted to and approved in writing by the Local Planning Authority prior to commencement of development.

In order to mitigate against the risk of flooding.

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

In the interests of satisfactory and sustainable drainage.

17 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 in writing by the Local Planning Authority.

To ensure that the development can be properly drained.

18 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 building shall be occupied or brought into use prior to the 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.

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

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

47 21 Large scale details, including materials and finishes, at a minimum of 1:20 scale of the items listed below shall be approved in writing by the Local planning Authority before the commencement of development:

Windows Window reveals Doors Eaves and verges External wall construction Brickwork detailing Balconies Entrance canopies Stair tower Rooflight over bar

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

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

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

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

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

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

48 26 The landscaped areas must have a separator layer of uncontaminated topsoil/subsoil at least 300 - 500 mm in depth. The details of which must be submitted in writing to the Local Planning Authority for written approval and in place prior to occupation.

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

27 There shall be a cover of inert material of suitable thickness under all soft landing/landscaped areas.

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

28 Any redundant drain unearthed during demolition shall be removed and adjacent contaminated soils chased out.

In order to ensure that any contamination of the land is properly dealt with.

29 If during the groundworks phase of redevelopment suspected localised ground contamination is encountered work in this area shall cease and the situation reported to the Local Planning Authority / Environmental Protection Service and an environmental specialist.

In order to ensure that any contamination of the land is properly dealt with.

30 Excavated soil, which requires disposal off site, should be classified in accordance with the document Guidance on the Disposal of Contaminated soil version 3 (April 01) EA.

In order to ensure that any contamination of the land is properly dealt with.

31 Any coal encountered under proposed foundation must be removed prior to development.

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

32 Details of the depth of cover of topsoil and proposed gas protection measures shall be submitted to the local planning authority for written approval prior to the commencement of the works and carried out in accordance with these details thereafter.

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

33 The applicant shall provide written verification that the remediation has been completed as approved, within 21 days of the approved scheme being completed.

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

34 Before the use of the bar 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 bar 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 bar use to the flats above to levels complying with the following unless otherwise agreed in writing by the Local Planning Authority:

Bedrooms Noise Rating Curve NR25 (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 8kHz).

Before such scheme of works is installed full details thereof shall first have been submitted to and approved in writing by the LPA.

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

35 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

50 installed as approved in writing by the local planning authority before the use is commenced and shall thereafter be retained.

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

36 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.

37 No amplified sound shall be played within the bar except through an in- house amplified sound system fitted with a sound limiter, the settings of which shall have received the prior written approval of the Local Planning Authority.

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

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

(i) 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

when measured at the façade of the nearest noise sensitive premises.

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

39 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 2230 hours and 0800 hours Monday to Saturday and 2200 hours to 0900 hours Sundays and Public Holidays.

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

40 No deliveries to the building shall be carried out between the hours of 2200 to 0800 hours Monday to Saturday and 2200 hours to 0900 hours Sundays and Public Holidays.

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

41 No amplified sound or live music shall be played nor shall loudspeakers be fixed at any time outside the building.

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

42 The fire exit doors shall only be used as an emergency exit and shall not at any other time be left standing open.

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

43 The opening windows/shutters of the bar shall be kept closed between 2000 hours and 0700 hours and shall not at any time be opened otherwise without the prior written approval of the Local Planning Authority.

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

44 The opening hours of the bar shall be restricted to 09.00-2300 hours from Sunday to Thursday and 09.00-00.00 hours on Fridays and Saturdays.

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

45 The opening hours of the convenience store shall be restricted to 08.00 and 22.00 on any day.

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

46 The retail shop (class A1) shall be predominantly used for the sale and display of convenience goods (food, drink, tobacco, cleaning materials, newspapers, sweets) unless otherwise agreed in writing by the Local Planning Authority.

In the interests of ensuring the development is consistent with PPS6.

Attention is drawn to the following justifications:

IB5 - Development in General Industry Areas IB9 - Conditions on Development in Industry and Business Areas

52 IB11 - Housing & Residential Institutions in Industry & Business Areas BE5 - Building Design and Siting BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings St Vincent's Action Plan

Attention is drawn to the following directives:

1. As the proposed development abuts the public highway you are advised to contact the Highways Co-ordination Group on Sheffield 2736677, prior to commencing works. The Co-ordinator will be able to advise you of any pre- commencement condition surveys, permits, permissions or licences you may require in order to carry out your works.

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

You should apply for a consent to:-

Head of Transport and Highways Planning, Transport & Highways Howden House 1 Union Street Sheffield S1 2SH

For the attention of Mr S A Turner Tel: (0114) 2736133

3. The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services.

4. You are advised that residential occupiers of the building should be informed in writing prior to occupation that:

limited/no car parking provision is available on site for occupiers of the building, resident's car parking permits will not be provided by the Council for any person living in the building.

53 Site Location

CONTEXT OF APPLICATION

This application forms phase two of a three-phased residential development for a wider site:

Phase one was approved on 14 March 2006 (05/04271/FUL), for the construction of 18 student apartments, a total of 91 bedrooms in a four-storey block. The phase one site is to the immediate southeast of the application site fronting Solly Street.

Phase three is being presented to Area Board with this application and is to front Solly Street/Kenyon Street, consisting of the erection of 13No. student apartments (65 bedrooms) in a 5/7storey block fronting Kenyon Street and 25No. private flats in a 3/4-storey block fronting Solly Street.

54 The second phase is discussed within the following report.

The three phases have been devised through lengthy negotiation with the applicant who has a current planning approval for 174 student beds on the majority of the site that is to make up phase one & two of the overall development.

The old approval 02/03970/FUL was reviewed in light of the significant changes to this area, discussed further below, most notably its recent emergence as the Well Meadow Conservation Area. It was viewed that the original design of the approved 2002 scheme lacked the appropriate quality.

LOCATION AND PROPOSAL

The application site is largely a vacant section of land fronting Edward Street and Kenyon Street within the St Vincent’s Quarter of Sheffield. A high, predominantly red brick, retaining wall erected after the collapse of the original retaining wall during excavation works, bounds the rear of the site.

Beyond the retaining wall to the rear of the site it is proposed to erect two residential buildings as phase one and three, these buildings are to front Solly Street.

Across Edward Street to the west is a site that is to house the Impact development, which will predominantly be seven to eight storeys in height, the main private residential element of the scheme is expected on site in the near future. It is also the desire of the Council to create Impact Square which will be bounded by both this site and the Impact development.

To the south of the site is the recently completed Castle Works development, which provides student accommodation. The Castle Works scheme ranges from four to five storeys and is a flat roofed contemporary structure.

On the southeast corner of the site is the Grade Two Listed Cornhill Works, a six- storey tower. The upper two floors of this structure are used as residential accommodation linked with the listed element of the building that fronts Solly Street. The lower floors of the tower have had fallen into a serious state of dilapidation until the applicants recently made the building sound.

It is proposed to erect a building ranging from five to seven storeys to house 34 student apartments, 165 beds and a convenience store and bar at ground floor level. The proposal will also restore the listed Cornhill Works to be used partly as a bar and for residential accommodation.

RELEVANT PLANNING HISTORY

Please refer to context of application above.

SUMMARY OF REPRESENTATIONS

55 One representation has been received firstly stating support for the principle of a convenience store in the area but raising a number of objections, which are set out below.

Student Accommodation

- The application is one of many student-dominated schemes in the wider St Vincent’s Area (the letter makes reference to several of these schemes) these schemes hamper the vicinity. Particular reference is made to the migration of students out of the areas during the summer and the negative impact on the sustainability of the area contrary to the goals of PPS1. - The presence of such a large number of students will lead to late night noise and disturbance.

A4 Use

- The addition of this public house could have a detrimental impact on the area. - The area already has the Red House and two social clubs the additional A4 use will erode the residential character of the locality. - The A4 use will create increased late night footfall. - The A4 use seems of an inappropriate scale for this location.

Highways

- The proposal will increase parking, congestion and road safety issues already experienced in the locality.

Open Space

- There is insufficient open space in the locality, this will further increase the demand for open space in the area.

Design

- Scale and massing of the proposal is overbearing creating an excessively high building in a location that would contradict the goals of the St Vincent’s Action Plan (SVAP). The scheme fails to respect the sensitive and historic nature of the site. - The detail of the proposed elevations is not of a sufficient quality it is mundane and monotonous. - The new stairwell added to the listed building appears out of context with the rest if the development. - The roofline appears chaotic and not reflective of the character of the area.

The Conservation Advisory Group

The development would be out of character with the area in terms of its scale and materials; massing relationship to the topography and its architectural treatment, particularly of the roof space. The development would be too high and there is no justification for such a high building at the junction of Edward Street. The group felt

56 that the fact that the development had no active frontages would lead to the loss of townscape and regretted that it provided no off-street parking.

The design has gone through substantial alterations since these comments.

PLANNING ASSESSMENT

Policy Issues

The site is located within the recently established Well Meadow Conservation Area and in compliance with Policy BE16: Development in Conservation Areas, it must meet specific criteria to be deemed acceptable, most notably new development in conservation areas is expected to preserve or enhance the character or appearance of that area.

Policy BE16 also states that buildings, which make a positive contribution to the character or appearance of a Conservation Area, will be retained.

Policy BE19: Development Affecting Listed Buildings states that internal or external alterations will be expected to preserve the character or appearance of the building and, where appropriate, preserve or repair original details and features of interest.

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

The application site lies within a General Industry Area as defined in the Unitary Development Plan (UDP). Policy IB5 describes general industry and warehousing as the preferred uses in General Industry Areas. Housing (use class C3) is described as an unacceptable use as living conditions in industrial environments are not considered to be satisfactory. Moreover, the presence of housing could prejudice the viability of both existing and potential industrial uses.

Policy IB5 states that small shops (no more than 280 square metres) and A4 usage would be acceptable in this General Industry Area.

Policy IB9 also applies. IB9(b) states that “In Industry and Business Areas, new development or change of use will be permitted provided that it would not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions” and IB11(c) says that “housing (C3), including redevelopment, will be permitted only where the development would not suffer from unacceptable living conditions, including air pollution, ground contamination, nearby hazardous installations, noise, other nuisance or risk to health and safety”. If there were no likelihood of environmental problems caused to residents, then the proposal would be acceptable in terms of IB9(b).

St. Vincent’s Action Plan

This inner city area, known as St. Vincent’s, is coming under increasing pressure for new development, which in some cases has raised conflicts with existing UDP

57 policy. Evidence also suggests that the area’s role as a home for manufacturing businesses is declining.

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

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

Two new Housing Opportunity Areas are proposed within the St. Vincent’s Quarter in response to strong housing development interest and large numbers of derelict and vacant premises. The application site is included within one of these areas, seen as an extension of the existing St. Georges Housing Area at the southern end of the quarter. These areas would allow a range of uses of any proportionate mix including housing but excluding industry.

A1 Usage

Although the convenience store is over 280 square metres in light of the changing nature of the area this is viewed as a welcome addition that will provide much needed facilities at the doorstep of new residents, reduce the need for vehicle usage and create an active frontage at pedestrian level.

Tenure

The St. Vincent’s Action Plan also requires that tenures be mixed equally (30:30:30) between social rented, private rented/owner occupied and student tenures. Large schemes should include a significant proportion of more than one tenure.

As the proposal is part of a phased development it is felt that a significant proportion (30%) of apartments throughout the 3 phases should be for private/owner occupied or social. A consideration for this was the current approval for large elements of the entire site for solely student accommodation.

Following discussion between the local planning authority and the applicant phase one and two are proposed to be solely student schemes whilst phase three is to have part private and part student. The calculation has been done based on apartment numbers:

Phase one comprised of 18 student apartments Phase two proposes 34 student apartments Phase three proposes 13 student apartments and 25 private apartments

58 Given these figures the proposed percentage of private apartments is 27.8 percent. It is acknowledged that this fails to hit the target of 30% however this has been the result of height restrictions imposed on the developer to the Solly Street frontage within the phase three development, of which the developer has been extremely cooperative. In light of this the overall provision of mixed tenure in the form private/student apartments is deemed as being in keeping with the spirit of the St Vincent’s Action Plan.

A condition to ensure the delivery of the private apartments will be linked between phase two and three so that phase two cannot be occupied until the private elements of phase three are in place.

Works to Listed Building

The reuse of the lower floors of this Grade Two Listed Building is welcome, particularly given the state of dilapidation these elements of the building had fallen into. Its reuse for residential purposes and as a mezzanine for the public house facilitates modern demands, whilst retaining the important historic features of the building. Following a tour of the building it has been verbally agreed what is to be retained. A condition requesting a full schedule of fixtures and fittings and plans for retention will be attached to any consent granted.

The addition of a modern glazed stair tower to the northeast elevation will ensure the building can be accessed from the courtyard. The addition is lightweight and not considered to cause any excessive detriment to the listed building, particularly when its necessity to ensure the continued use of this building is accounted for.

It is noted that the listed building is to be hidden from public view by much of the proposal, however this was evident on the previous approval and is an unfortunate but unavoidable consequence of the development.

Design

Scale and Massing

The scale and massing of the building was taken with a view to compliment the private element of the Impact Scheme on the opposite side of Edward Street. The Impact scheme was predominantly seven storeys with a corner element reaching eight. Although this scheme needed to be a suitable partner to the Impact building, particularly when Impact Square is in place, it was considered a slightly more modest scale be presented.

This scheme as a result of these considerations is proposed as five storeys with a steady step down from the southwest elevation, reflecting the topography of the land, before rising on both Kenyon Street and Edward Street to a seven-storey corner element, similar to that on the Impact scheme.

The relationship the building enjoys with Cornhill Works on the Edward Street elevation suffers slightly due to its increased height, however this is not considered to cause a level of detriment to warrant the reduction of this section of the building,

59 particularly when the design and material quality is accounted for. It is also noted that the previous approval was of a similar height so this relationship is much the same.

The massing of this scheme again much like the Impact scheme has a number of set backs to soften the scale of the building.

Detail and Articulation

The original scheme was deemed to be unspectacular and failed to present a level of detail and articulation that did justice to such an important conservation area site, particularly as the site also houses a Grade Two Listed Building. The revised elevation to Edward Street/ Kenyon Street is now at a stage whereby this is no longer the case.

The elevation shows primary and secondary planes of brickwork with reveals and varying glazing sizes and relationships. The use of the set backs and copper clad stair towers also adds to the visual interest of the structure and helps create a contemporary building that will make a positive contribution to the design quality of the Well Meadow Conservation Area.

Effect on Residential Amenity

Amenity Space

The proposed external amenity space is spread across two landscaped courtyards, although they are not of an excessive scale, they are deemed as providing a suitable level of provision given the limited nature of the site in this city centre location.

The courtyards will be bounded on all sides by built form including a retaining wall to the east, this is not considered detrimental to the occupants and will give a feel of seclusion and privacy that removes users away from what could be viewed as somewhat hostile environment.

Outlook/Living Conditions

The relationship between the retaining wall and the habitable rooms of the future residents on the buildings rear elevation has been a cause for concern and subject for negotiation throughout the process of the application. The applicants have amended the plans so that the lower floor to the rear (level two) provides a bin store, common room and management suite. As these rooms will not be used as living quarters their presence at this level is deemed to be a welcome solution.

The rear facing windows at levels three and four also sit below the retaining wall, the rooms facing directly onto the retaining wall are in the large majority set seven metres from this wall. Given this distance of seven metres, the tight nature of the site and the fact that by level three the wall is no higher than five metres above the base of these windows, this relationship is viewed as creating a situation that

60 would on balance provide suitable living conditions for the inhabitants of these rooms.

The rooms in the rear elevation of the block fronting Kenyon Street angle towards this retaining wall, due to this levels 3 to 6 caused concern in respect of living conditions. The applicants have placed the communal kitchen/dining rooms closest to the wall, which is welcomed as the time spent within and habitable nature of these rooms is not considered to match that of the study/bedrooms. Neighbouring the kitchen dining room will be study bedrooms.

The applicants have amended the scheme so that these rooms have full-length glazing that is angled away from the retaining wall and gives an aspect over the courtyard. This is considered to be a welcome and innovative design solution to what was a serious constraint of this site.

In light of this it is considered that acceptable living conditions are to be provided for occupants of the proposed building.

The scheme is to be built up to the gable wall of Castle Works to the southwest, this wall has obscured glass block windows, which are to be built up to. This is unfortunate but it was always the understanding that this could be the case, particularly when the earlier approval is taken into account, which is why the windows are designed as they are. As these windows do not serve main habitable rooms this is viewed as acceptable.

Noise and Disturbance

The bar will create a certain level of noise however suitable installation and internal noise levels will be imposed through conditions to ensure the living conditions of surrounding residents are not compromised.

The potential street noise created by the bar element of the proposal whether viewed individually or collectively with other bars in the vicinity is not considered to be significant and will be managed through controls over issues such as closing times.

It is also noted that bringing a night time use to the area will create a degree of vibrancy that it currently lacks and also offers the potential to improve the security of the area through a greater volume of pedestrians using the area at night. The provision of active frontages at pedestrian level is also welcomed.

The potential for noise from the residential element of the development is not noted as a significant influence on the outcome of this proposal particularly bearing in mind the previous approval on the site.

Highway Issues

The proposed development fails to provide any vehicle parking which is not ideal. As the site is located in a sustainable city centre location it can be accessed quite conveniently by varying modes of transport including the Sheffield Supertram, and

61 has access to the variety of diverse uses within the city centre, reducing significantly the reliance on cars. The convenience store and bar are likely in the most part to be used by residents in the locality or people already within the city centre.

It is also noted that given the tight nature of the site the inability to provide parking must be considered a necessary constraint.

The store and bar are to be serviced on street and from a service bay fronting Edward Street raising no highway concerns.

The applicant has agreed to pay £11,832 towards off site lighting and footway improvements. In addition, the footway adjoining the site will be re-surfaced in line with the materials palette identified in the Urban Design Compendium.

Access

The site has presented some difficulty in terms of providing suitable access for all due to its topography. The proposal will incorporate level access from the main Edward Street entrances whilst lifts are to be provided and access to the lower courtyard achieved through Block B and the upper courtyard through Block A. Both the convenience store and bar are to provide level access.

Archaeology.

The applicant is to be required to provide an archaeological report recording features of interest and showing how the stone in the old retaining wall is to be reused, preferably as part of the landscaping.

Warden Scheme

The area and its existing residents and businesses currently suffer from a degree of crime and nuisance. These matters amongst others are being addressed through the Action Plan, including the extension of a successful Street Warden scheme, the applicant has agreed to contribute £7,800 towards this scheme.

Open Space Provision

The open space contribution would be £103,700.00, however the applicant has requested this fee be wavered due to the substantial works that are to be carried out to the Grade Two Listed Building. The applicants have submitted a Structural Conditions Survey of the building carried out by ARP Associates, Charted Consulting Engineers and dated April 2006. This report estimates that for the

62 building to be retained it would cost £345,345.00. Following assessment from the LPA’s Conservation Officer this is considered to be a modest estimate and the real cost could be significantly more than this.

It is also noted that the applicant will be contributing £19,632.00 within a S.106 within this application should consent be granted, £76,216.00 for the phase three element of the scheme and £62,630.00 for the phase one element, securing £158,478.00 in S.106 contributions.

The previously approved scheme although not encompassing the entire site of this phased development was required to contribute only £34,165.00 and given the applicants willingness to reconsider this original scheme, with some commercial benefit, due to its unacceptable design quality the cumulative increase in S.106 contributions is £124,313.00 this offers further reason to accept the request for a reduced S106 for this element of the phased development.

Advertisement of Application

Although the local planning authority advertised this application in the press and placed site notices in the appropriate locations, it failed up until 1 September 2006 to advertise the application as a being contrary to the Unitary Development Plan. As such on 1 September 2006 the relevant site notices were put in place and steps taken to advertise the application in the press as a departure, the statutory period for this publication ends on 21 September 2006.

Should representations as a result of this new publicity be received before Area Board on 18 September 2006 they will be conveyed at this meeting. It is therefore requested that should members be minded to grant the application then subject to no objections being received between this Area Board meeting and the time when the statutory consultation period lapses, that being 22 September 2006, then on 22 September 2006 a decision notice is issued. Should a representation be made in this period then the application will be re-presented at the earliest possible Board Meeting for further deliberation.

SUMMARY AND RECOMMENDATION

The proposed development contravenes Policy IB5 of the UDP, which states that housing is an unacceptable use in General Industry Areas. However, the site is situated within a Housing Opportunity Area as defined in the recently approved St. Vincent’s Action Plan, which will supplement and update existing planning policy for the St. Vincent’s area prior to a major review as part of the new Sheffield Development Framework.

The proposal when viewed in conjunction with the further two remaining phases of the development provides a suitable mixture of housing types in this locality, given the design constraints the applicant was asked to work within.

The impact on the Grade Two Listed Building is viewed as acceptable when balanced against the gain and improvements that are to be achieved through this buildings restoration.

Following revisions the proposal presents a welcome contemporary design with the highest quality of materials and will be a welcome addition to the Well Meadow Conservation Area.

The proposal is therefore recommended to be granted subject to no further representations and subject to the signing of the legal agreement and that listed building consent be granted.

Heads of Terms

A sum of £11,832 shall be paid for off building lighting and footpath improvements. A sum of £7,800 towards the warden scheme for the area is also to be paid.

In the event that a satisfactory S106 planning obligation covering the Heads of Terms set out in the preceding paragraph is not concluded before 22 September 2006 (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

Case Number 06/00389/LBC

Application Type Listed Building Consent Application

Proposal Alterations to and refurbishment of building to form linking of ground floor to proposed public house, alterations to levels 4 and 5 to form 2 additional student apartments and erection of a glazed staircase

Location Site Of Cornhill Works 91-99 Edward Street Sheffield S3 7GA

Date Received 01/02/2006

Team CITY CENTRE AND EAST

Applicant/Agent Studio One

Recommendation Grant Conditionally

Subject to:

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

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

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

Windows Window reveals Doors Eaves and verges External wall construction Brickwork detailing Balconies Entrance canopies Stair tower Rooflight over bar

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

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

4 Masonry shall be pointed or bedded using a lime mortar mix that is weaker than the surrounding masonry. The colour of the new mortar, which should match the original mortar before weathering, should be achieved by the use of appropriate sand. No propriety coloured mixes of pigments shall be used. The joints should be finished flush then brushed back to expose the aggregate and the edges of the adjacent stone. On no account should the joints be struck or finished proud of the masonry face to form strap or ribbon pointing or feathered over the edge of eroded blocks. A sample panel of proposed pointing shall be approved by the Local Planning Authority before the development commences

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

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

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

7 Details of the extent and specification of brick/stone repair and cleaning shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of works and shall thereafter be carried out in accordance with the approved details.

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

8 Repairs and new areas of infill masonry shall match the existing surrounding masonry in bonding, colour, size, shape and texture and in the colour and finished treatment of mortar joints.

In order to ensure an appropriate quality of development.

66 9 There shall be no replacement, alteration or repair of any part of the original roof structure without the prior approval, in writing, of the Local Planning Authority of details of timbers to be removed, altered and repaired and details and specifications of all new replacement timber members.

In order to ensure that inappropriate alterations are avoided

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

In order to ensure an appropriate quality of development.

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

In order to protect the original fabric of the building and the character and appearance of the Conservation Area.

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

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

15 Details of the new internal floor structure and its abutment with the existing building structure shall be approved in writing before the development commences.

In order to ensure an appropriate quality of development.

67 16 A schedule of all fixtures and fittings, with a photographic record, and details of their retention, repair, removal or relocation shall be approved in writing by the Local Planning Authority before the development commences. The development shall then be carried out in accordance with the approved schedule

In order to protect the character of the original building

17 Details and locations of all new fixtures and fittings shall be approved in writing by the Local Planning Authority before the development commences. The development shall then be carried out in accordance with the approved details

In order to ensure an appropriate quality of development.

18 Details and locations of all new decorative works shall be approved in writing by the Local Planning Authority before the development commences. The development shall then be carried out in accordance with the approved details

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

20 Details of installations and alterations arising from the requirements of fire protection, means of escape, acoustic attenuation and insulation, natural and mechanical ventilation, disabled access and the provision of natural and artificial lighting shall be approved in writing by the Local Planning Authority before the development commences.

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

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

BE19 - Development affecting Listed Buildings

This informative is intended as a summary of the reasons for grant of listed building consent. For further detail on the decision please see the application report by contacting the Planning Records section on 2734215 or by visiting Sheffield City Council's website at www.sheffield.gov.uk/your- city-council/council-meetings/planning-boards

Site Location

For report please see 06/00386/FUL

Case Number 06/00850/FUL

Application Type A Full Planning Application

Proposal Two 6-storey mixed use blocks comprising offices (B1) with ground floor retail and bar restaurants (A1, A2, A3, A4) and associated car parking (As amended by plans dated 31 July 06)

Location Site Of 73-77 West Street, Site Of Carver Street Car Park And Former NUM Headquarters Holly Street Sheffield

Date Received 03/03/2006

Team CITY CENTRE AND EAST

Applicant/Agent DLM Architecture

Recommendation Grant Conditionally

Subject to:

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

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

2 Before the development is commenced, full details of the proposed external materials including sample panels erected on site shall have been submitted to and approved in writing by the Local Planning Authority.

To ensure that the proposal does not adversely affect the character and appearance of the City Centre Conservation Area and setting of adjacent listed buildings and in the interest of the amenity of the area.

3 The Class A3 & A4 (Food and Drink) units shall be used for the above- mentioned purpose only between 0730 hours and 0030 hours on any day.

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

4 No development work, including ground clearance and demolition work shall take place unless and until the developer, their agent or their successor in title has secured the implementation of a programme of archaeological work

70 in accordance with a written scheme of investigation that has been submitted to and approved in writing by the Local Planning Authority.

5 Before development commences details of the lift and its operation, located in the pedestrian link between Holly Street and Carver Lane shall be submitted to and approved in writing by the Local Planning Authority. The link shall not be used unless such approved detials have been implemented unless otherwise agreed in writing by the Local Planning Authority.

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

6 Before the development is commenced, the public short-stay car parking spaces to be lost due to the development shall have either:- (a) been replaced at a location within the Central Shopping Area (as defined in the Sheffield Unitary Development Plan) or at a location no more that 200 metres from its boundary which is land on the City Centre side of Sheffield's inner ring road; or, (b) details have been submitted to and approved by the Local Planning Authority of arrangements which have been entered into which will secure the replacement of the car parking spaces in a location referred to in (a) or within the proposed car parking provision on the site, within a period of 2 years from the commencement of the development, unless otherwise agreed in writing by the Local Planning Authority.

In order to comply with Policy T24 of the Sheffield Unitary Development Plan.

7 Prior to any works starting on site, details of the following issues shall be submitted to and approved by the Local Planning Authority.

- Link road design to adoption standards between Carver Street and Carver Lane, including long and cross sections, drainage, lighting and retaining wall details along the southern boundary of the road.

- Servicing details for all units that will require access from Holly Street.

- Details including Structural calculations of all basement walls that will act as a support to the public highway.

- Shower/changing facilities for the office units

- Supertram cable connections to the new building frontage onto West Street.

- Details of all external footways/roads that are to be resurfaced.

71 The development shall not be occupied unless the approved details have been implemented.

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

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

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

9 Before the development is commenced, details of the means of ingress and egress for vehicles engaged in the construction of the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the arrangements for restricting the vehicles to the approved ingress and egress points. Ingress and egress for such vehicles shall be obtained only at the approved points.

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

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

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

11 The office development shall not be used unless the cycle parking accommodation for 28 cycles as shown on the approved plans has been provided in accordance with those plans and, thereafter, such cycle parking accommodation shall be retained.

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

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

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

72 13 Prior to the occupation of any part of the development, a detailed Travel Plan(s), designed to reduce the need for, and impact of, motor vehicles, increase site accessibility and to facilitate and encourage alternative travel modes, shall have been submitted to and approved in writing by the Local Planning Authority. Where there has been a previously approved Framework Travel Plan for the proposed development, the detailed Travel Plan(s) shall be developed in accordance with it. The Travel Plan(s) shall include:

1. Clear and unambiguous objectives and modal split targets;

3. Arrangements to carry out a user survey(s), the results of which shall be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets. On occupation, the approved Travel Plan(s) shall thereafter be implemented, subject to any variations approved in writing by the Local Planning Authority.

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

14 The office accommodation hereby permitted shall not be occupied unless a scheme of sound attenuation works has been installed and thereafter retained. Such a scheme of works shall be capable of achieving Noise Rating Curve NR45. (Noise Rating Curves should be measured as a 15 minute linear at the octave band centre frequencies 31.5kHz to 8kHz)).

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

15 No live or amplified music shall be played within the building unless a scheme of sound attenuation works has been submitted to and approved in writing by the Local Planning Authority and the approved details have been installed and thereafter retained. Such a scheme of works shall;

Be capable of restricting noise breakout form the building to street levels not exceeding:

(i) The background noise levels by more than 3dBA when measured as a 15 minute Laeq

(ii) Any octave band centre frequency by more than 3 dB when measured as a 15 minute linear Leq

73 In the interests of the amenities of the locality and occupiers of the proposed dwelling.

16 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 and 0700 hours.

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

17 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.

18 Before the use of the development is commenced, a Validation Test of the sound attenuation works shall have been carried out and the results submitted to and approved by the Local Planning Authority. Such Validation Test shall: a) Be carried out in accordance with an approved method statement, b) Demonstrate that the specified noise levels have been achieved. In the event that the specified noise levels have not been achieved, then notwithstanding the sound attenuation works thus far approved, a further scheme of sound attenuation works capable of achieving the specified noise levels and recommended by an acoustic consultant shall be submitted to and approved by the Local Planning Authority before the use of the development is commenced. Such further scheme of works shall be installed as approved in writing by the Local Planning Authority before the use is commenced and shall thereafter be retained.

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

19 No externally mounted equipment, 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 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.

74 20 Details of the location and type of any fume extraction systems serving food preparation areas shall be submitted to the Local Planning Authority prior to installation.

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

21 Before the development is commenced a Phase 1 and 2 Risk Assessment, to characterise the contamination on site and propose a remediation scheme to ensure safe redevelopment, shall have been submitted to and approved in writing by the Local Planning Authority. Should any previously unsuspected contamination be encountered during the development, the Local Planning Authority shall be notified within one working day of its discovery, together with any proposed amendments to the proposed remediation scheme. The development shall then be carried out in accordance with the approved scheme and the applicant shall provide written verification that the remediation has been completed as approved, within 21 days of the approved scheme being completed.

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

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

To prevent pollution of Water Environment.

23 Before development commences details shall be submitted to and approved in writing of the method of maintenance and security of the pedestrian link between Holly Street and Carver Lane which shall be kept open to the public at all times unless otherwise authorised by the Local Planning Authority.

In the interests of the amenities of the locality.

24 Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage form parking areas and hardstandings shall be passed through trapped gullies installed in accordance with a scheme previously submitted to and approved in writing by the Local Planning Authority.

To prevent pollution of the Water Environment.

25 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.

75 26 The site shall be developed with separate systems of drainage for foul and surface water on site.

To ensure satisfactory and sustainable drainage arrangements.

27 Notwithstanding the general approval for mixed A1/A2/A3/A4 uses at ground floor level of the residential and office blocks facing West Street, Holly Street and Carver Street non A1 retail uses shall be restricted to the following percentages on each linear frontage:

a) Holly Street 33% b) West Street 50% c) Carver Street 33%

Unless otherwise authorised in writing by the Local Planning Authority.

In order to comply with policies controlled in the Unitary Development and the Devonshire Quarter Action Plan.

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

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

29 No development shall take place until details of the proposed means of disposal of 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.

30 The surface water discharge from the site is subject to a reduction of at least 20% compared with the existing peak flow and that detailed proposals including calculations to demonstrate the reduction must be submitted to and approved in writing by the Local Planning Authority.

To ensure satisfactory and sustainable drainage arrangements.

31 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.

32 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.

33 The fire exit doors shall only be used as an emergency exit and shall not at any other time be left standing open.

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

34 The office development shall not be used unless suitable access and facilities for people with disabilities, both to and within the residential and office development and also within the curtilage of the site, have been provided but, before such access and facilities are provided, full details thereof shall have been submitted to and approved in writing by the Local Planning Authority. When the access and facilities have been provided, thereafter such access and facilities shall be retained. (Reference should also be made to the Code of Practise BS8300).

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

35 The details, specifications and finish of the new windows, including elevations and sections, shall be approved in writing by the Local Planning Authority before the commencement of each phase of the development. Drawings shall be of a minimum of 1:10 scale and shall include details of proposed section sizes at a minimum of 1:1 scale. [Details shall include: reveal depths, double glazing, secondary glazing, shutters, mouldings, architraves, location of trickle vents]. Thereafter each phase of the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

37 Large scale details, including materials and finishes, at a minimum of 1:20 scale, of the items listed below shall be approved in writing by the Local

77 Planning Authority before the commencement of each phase of the development:

Plant Cladding Gutters Windows Window reveals Doors Eaves and verges External wall construction Brickwork detailing Balconies Entrance canopies Car park grilles including public art works Car park entrances Brise-soliel

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

In order to ensure an appropriate quality of development.

38 Before development commences details of the materials to be used in hard landscaping around the site and abutting the Barkers Pool/Holly Street area shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be used unless such approved details have been implemented by the Local Planning Authority.

In the interests of the amenities of the locality and to protect the character and setting of the Listed Building and the City Centre Conservation Area.

Attention is drawn to the following justifications:

S3 - Development in the Central Shopping Core S10 - Conditions on Development in Shopping Areas BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings BE22 - Archaeological Sites and Monuments

78 Attention is drawn to the following directives:

1. As the proposed development will involve the closing/diversion of a highway(s) you are advised to contact the Principal Engineer of Highway Information and Orders, Development Services, Howden House, 1 Union Street, Sheffield, S1 2SH, as soon as possible.

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

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

3. As the proposed development abuts the public highway you are advised to contact the Highways Co-ordination Group on Sheffield 2736677, prior to commencing works. The Co-ordinator will be able to advise you of any pre- commencement condition surveys, permits, permissions or licences you may require in order to carry out your works.

5. Before the development is commenced, a dilapidation survey of the highways adjoining the site shall be jointly undertaken with the Council and the results of which agreed in writing with the Local Planning Authority. Any deterioration in the condition of the highway attributable to the construction works shall be rectified in accordance with a scheme of work to be agreed with the Local Planning Authority.

6. The developer is advised that all works on the public highway must be co- ordinated with and where necessary, make allowance for, the City Council's telecommunications (metropolitan network) strategy, you should contact Andy Bennett (0114 7236249) for further information.

7. As the proposed development is located near to the track and wires of the South Yorkshire Supertram you are advised to contact South Yorkshire Supertram Limited at 11 Arundel Gate, Sheffield , S1 2PN, (Telephone Sheffield (0114) 2728282) to establish whether or not the system is affected.

8. The developer is advised that he will be required to fund the costs involved in reviewing/amending the existing TRO's and providing new TRO's that are necessary to this development.

79 9. As the development is likely to involve the erection of hoardings to enclose the site during construction, the developers attention is drawn to the Councils strategy to control fly-posting.

Part of the strategy is to accept fly-posting on such hoardings under the terms set out in the Council statement below. The aim is to avoid fly-posting in more sensitive locations and you are asked to support this objective by not taking action to prevent such bill-posting, though you may wish to direct the activity to specific hoardings at the site.

STATEMENT OF SHEFFIELD CITY COUNCIL

UNAUTHORISED BILL POSTING - CIRCUMSTANCES IN WHICH THE COUNCIL WILL NOT TAKE ACTION TO REMOVE, OR OBSCURE POSTERS, OR TO PROSECUTE THOSE RESPONSIBLE

1. This statement is made solely in respect of the Council's function as a Local Planning Authority and the powers thereby conferred upon it. It does not relate to any other powers possessed by the Council or its actions in respect of any property in which it has an interest.

2. This statement does not confer any legitimacy on the sticking of posters/bills on structures or property without the consent of the owner or other person having an interest in that property, nor legitimacy under the Town and Country Planning Acts or any other relevant legislation.

3. This statement does set out, as far as possible the locations, and circumstances in which bill-posting may normally take place without the adverse affect on public amenity or highway safety being of such a degree that the Council would deem it necessary to take action against those carrying out, or benefiting from, the activity or to remove or deface the offending advertisement.

4. Given that it is not possible to specify every location or circumstance which may occur in practice the Council reserves the right to take whatever action it deems necessary without notice in respect of unauthorised bill- posting notwithstanding part 3 above.

5. Bill-posting on the following structures would not normally result in action being taken under the Planning Acts.

(a) Hoardings screening development sites.

(i) Only bill-posting on hoardings to sites where building work is underway shall be generally exempt from action being taken by the Council. In all other cases bill-posting shall not take place unless the Council have been notified and subsequently confirmed that they are not minded to take action in respect of a specific site.

(ii) The posters shall be displayed and maintained in a neat and tidy manner with a border left above the posters and at least 0.5 metre between the bottom of any poster and ground level.

(iii) Existing authorised advertisements or artwork shall be respected.

10. The applicant should be aware that canopies or balconies overhanging the highway will require a licence (contact Highways Co-ordinator, Tel No. 0114 2736136)

11. The applicant is advised that access to Holly Street from Balm Green does not continue to Division Street and public realm, works around the City Hall truncates vehicular access accordingly.

12. 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.

13. The developer is encouraged to consider linking the development to the Sheffield Combined Heat and Power System in the interest of ensuring the sustainability of the development.

81 Site Location

LOCATION AND PROPOSAL

The site, of just under 0.5 ha, lies between Carver Street and Holly Street. It includes the new building which was constructed for the NUM some years ago and the car park which runs up to West Street Lane. The NUM building is currently linked to the listed Water Works building (now used as Lloyds Bar). The site runs across Carver Lane to include the public car park on Carver Street, adjoining the former Kendal Works, (now the Crystal Bar). To the east is the City Hall and its environs, having been recently refurbished both internally and the public realm. The land rises between Division Street and Holly Lane by approximately 4 metres.

The site also includes two buildings on West Street, one of which is the unemployment centre, a single storey, flat roofed building and the other is a

82 Victorian brick-built building, three storeys high with a boarded up shop front at ground floor.

The site lies within the City Centre Conservation Area and in tandem with this application Conservation Area Consent has been submitted for the demolition of these buildings which are not listed (06/00854/CAC). The old Water Works building on Division Street is listed Grade II and a listed building application has been submitted to cover the alterations required when the modern extension is removed (ref: 06/00858/LBC). These applications are also on this agenda and this report deals with the issues raised in all of the applications.

The former Kendal Works, now the Crystal Bar on Carver Street, adjoins the site and is also listed Grade II. The City Hall lies on the opposite side of Holly Street and is Grade II* listed.

It is proposed to construct 2 buildings on the site, separated by Carver Lane. On land between Holly Street and Carver Street the NUM building will be demolished. Block A/B will lie between Holly Street and Carver Lane on the site of the demolished NUM building and car park. Although it will outwardly appear as a single building there will be two office units, one, for the NUM to replace their previous building. The block will be between five and seven storeys high with a colonnaded ground floor facing Holly Street for which a variety of uses are proposed, (retail and food and drink). There will be a pedestrian link between Holly Street and Carver Lane which due to changes in level will have steps and a lift. This will connect through to Caver Street via a new vehicle/pedestrian route to the south of block C.

Block C consists of a free standing office block bounded by West Street, Carver Street and Carver Lane and includes the site of demolished buildings between West Street and West Street Lane. As per blocks A and B there will be a colonnaded ground floor which fronts West Street and part way along Carver Street, again with proposed retail and food and drink uses. The Carver Street ground floor also includes the main office entrance and an entrance to three floors of car parking (levels 3, 4 and 5). A further entrance off the roadway off Carver Street provides access to a half level of car parking.

The building is up to seven storeys high including the car park levels fronting Carver Lane and six levels to West Street, both elevations including a set back of two floors.

Main facing materials proposed are stone to Holly Street and southern elevations of block A with zinc panelling and glass at the top two level. The top two levels on block C will also include zinc and glass panelling and there will be a five storey glazed element on Carver Street close to its junction with West Street.

All elevations include aluminium powder coated channelling between panels and the other main facing material apart from the elevations referred to above is brick.

83 RELEVANT SITE HISTORY

Planning approval was granted, subject to the signing of a legal agreement by the Area Board of 13 June 2005 for the following three applications on the site;

04/04964/FUL

Full planning approval was given for mixed use development comprising of 2x6- storey office buildings with A1/A2/A3/A4/B1 uses on ground floor, first floor car parking, erection of 115 flats in a 1x7/8-storey block with A1/A2/A3/A4/B1 and car parking on ground floor and basement car parking.

04/04962/LBC

Listed building consent was given for the demolition of the rear of 2-12 Division Street (former NUM Headquarters, Holly Street).

04/04963/CAC

Conservation area consent was given for the demolition of buildings known as 73- 77 West Street.

The following three applications on the site were approved on 23 April 2003, the outline planning approval being subject to the completion of a legal agreement:

02/03644/OUT

Outline planning approval was given for the erection of a mixed use development comprising of 2x5-storey office buildings with A3 use on ground, first and mezzanine floors erection of 62 flats in 1x7-storey block with A1/A3 use on ground/first floors and car parking accommodation.

02/03645/LBC

Listed building consent was given for the demolition of the rear of 2-12 division Street (former NUM Headquarters, Holly Street).

02/03646/CAC

Conservation area consent was given for the demolition of buildings known as 73- 77 West Street.

SUMMARY OF REPRESENTATIONS

Four letters and emails have been received commenting on and raising concerns about the proposals. Issues raised are:

- 77-73 West Street should not be demolished and the buildings refurbished including the NUM building. The latter should be converted to a department store.

84 - Loss of car parking

- Loss of privacy and a large block would be visually intrusive.

- Further bars on West Street would exacerbate existing problems for residents adjacent to the site.

- The height of the building is such that views will be lost

- Redevelopment of the site is welcomed however the previous Urban Splash scheme was preferable. There should be more adventurous development in Sheffield with less red brick

English Heritage advice on the proposal, as submitted, is as follows

“English Heritage has commented on several occasions on earlier proposals to redevelop this site. We have been broadly content with the footprint and principle of development although we have been critical of the loss of the c19th corner building to west Street and of the architectural response to the adjacent listed buildings especially in relation to the heights of the new blocks.

We have discussed these concerns with the current applicant’s architect (30 November 2005) and consider that the scheme as now formally submitted has responded to several of these issues. The most critical part of the new scheme is its architectural response to the City Hall particularly to the Burgess Street corner. The photomontage suggests a high level corner facing the City Hall which is unresolved and unfinished. We advise that this prominent elevation should be re- visited to secure a more sensitive response.

We did comment previously on the plant provision and on the height of the corners especially to building ‘c’ and advise that the council satisfies itself that progress has been made on these elements to reduce any overbearing impact which these may have on the City Hall and Kendal Works in particular.

Conservation Advisory Group

The meeting of 24 April 2006 had the following points to make:

“The Group felt that the treatment of the junction of the building with the former Sheffield Waterworks Department Building was unsatisfactory, the development was too high and was of lower architectural quality and greater in height than the previous scheme. The Group felt that the treatment of the frontage overlooking the City Hall was also unsatisfactory and the development would have a damaging impact on the setting and appearance of the City Hall.”.

CABE (Commission for Architecture and the Built Environment) were consulted but are unable to comment on the scheme.

PLANNING ASSESSMENT

85 Statements of national and regional policy support development of main town centre uses in town and city centres. Main town centre uses include shops, cafes and restaurants. The Unitary Development Plan shows the land as part of the Central Shopping Area. Policy S3 states that the preferred uses in the Central Shopping Area are shops (A1), offices open to the public (A2), food and drink outlets (A3-A5). Office (B1) is identified as an acceptable use. The proposals are therefore consistent with Policy S3.

Development of a significant amount of office floorspace would be in line with current government guidance in PPS6, that identifies offices as a main town centre use. Part of the site is within the City Centre Housing Priority Zone. In relation to this, Policy H12 states, housing (C3) will be expected to form a significant proportion of any new development”. Furthermore, Policy S1 allocates the majority of the site as a “Development Site in the City Centre”. This states that proposals for the site should include housing and retail uses. The proposals are therefore contrary to the UDP in this regard. However, it is considered that PPS6 outweighs this UDP Policy in this particular case, and there is potential for housing in many other parts of the City Centre. The recent Arup research into employment land requirements has identified the need to retain significant amounts of employment land, so office sites in the City Centre will be required to deliver employment uses wherever possible.

It should also be noted that the emerging City Centre Masterplan (by EDAW) identifies a need for high quality, prestigious locations at the top end of the office market, especially as the Heart of the City is now mostly accounted for . This site, located adjacent to the recently refurbished City Hall and the award winning public realm in Barkers Pool, lends itself to a prestigious office location. It should be noted that the new Masterplan has no status but does reflect the changing nature of the City Centre’s function/role.

The effect of the proposal on the New Retail Quarter (NRQ) is a material consideration. The Interim Planning Policies for the NRQ give the Council’s planning principles for assessing development at the NRQ. Cabinet approved these on 24 July 2002. This requires that the Council will not permit major additional retail floor space that would prejudice the development of the NRQ. This proposal is not considered to contain such floor space.

Policy BE16 of the Unitary Development Plan requires that applications within conservation areas possess sufficient information for their impact upon the area to be judged acceptable. It also requires that such developments preserve or enhance the character and appearance of the conservation area.

The Devonshire Quarter Action Plan contains proposal 7.2, which states that a maximum of one third of the linear ground floor frontage in any one block on Carver Street will be permitted to change to non-shopping uses. There are currently no shopping uses on this side of Carver Street, except for the second- hand furniture shop in No. 77 West Street. It was therefore considered appropriate for a Class A1 shop use to be incorporated into the block fronting Carver Street, as proposed.

86 The Action Plan has site briefs for the main potential redevelopment sites in the Quarter and the application site is one of these. The brief proposes the demolition of all three buildings proposed for removal in the application. It shows a mixed use block of up to six storeys on the West Street/Carver Street corner, West Street Lane having been closed and built over. Another mixed use block is proposed to Holly Street. A new public route is shown between Kendal Works and the new building on Carver Street.

The Sheffield City Centre Urban Design Compendium identifies the site within the Heart of the City Quarter but acknowledges an overlap with the Devonshire Quarter as it historically formed part of development started in the early 19th Century. A mixed use including offices and flats with shops and food and drink uses at ground level, to address the streets surrounding City Hall, is proposed on the site in the Compendium.

The application proposals are in part in line with the Action Plan and Urban Design Compendium, however this proposal has no residential element as opposed to the previous full and outline approvals. It should however be taken into account that within the Devonshire Quarter and the adjacent West Street more housing sites have been developed than originally identified. This proposal also retains more of the existing street pattern.

Thus the proposed uses are considered to be consistent with City Centre Policies and national guidelines and the principles of the land uses (i.e. office, shopping and food and drink uses) were established by the previous full and outline approvals and a similar footprint utilised. The changes between the approved and the current proposal are the subject of the following section.

Design and Heritage Issues

As in the report to the Area Board for the previous scheme (04/04960/FUL etc), the following description will be split into two as Carver Lane forms an obvious boundary between the two areas and building blocks. There have been progressive changes in the height and appearance of the proposed buildings as well as the change in the overall uses to offices in this application as compared with the approved full and outline applications. These approvals also set the standards for height and quality of design of the buildings against which the current proposals are compared.

A) The area between Carver Lane and Holly Street

The 1980’s extension to the listed Water Works building will be demolished except for the glazed link which is used as part of Lloyds Bar. Opinions vary on the architectural merit of the extension (most are probably negative). At the very least, it has character and quality materials have been used, but it is a building which shows little regard for its surroundings, the character of the conservation area and the listed building it is linked with as it is such a monumental block. Its loss would not be detrimental to the heritage of the area provided that the replacement building is appropriate. The applicant proposes that the glazed link will be re-clad to better match the listed building i.e. with brick work and stone string courses.

The office blocks A and B present a single façade facing City Hall of seven storeys including the ground floor. Towards the middle of this elevation is a full height recess, which breaks up the massing facing City Hall, over the pedestrian link through the building. A further feature on the corner adjacent to the old Waterworks building is a cut-away on the third and fourth floors including a balcony. The colonnaded ground floor facing Holly Street will contain a mixture of uses to create active frontages to take advantage of the new pedestrian areas provided. Materials on this elevation are mainly stone and glass. The top two floors have been set back and faced with glass panelling to reduce the impact of the height of the building. Plant will be housed on the roof screened by aluminium louvers.

The southern elevation will be clad in stone to complement the Waterworks building. Again the top two floors are glass clad, with bris-soleil shading, to reduce its impact in relation to the listed building. Small windows have also been added to the western side of this elevation to break up the clad area.

Its western elevation contains six floors of offices as land rises to the west. To improve the street level environment along Carver Lane as it will lose an active street frontage, windows will also be provided on the mezzanine floor. Facing materials are mainly brick with the top two floors of glass and zinc. ‘C’ shaped channels articulate and break up these areas. As per the Holly Street elevation the top two floors are set back with bris-soleil shading on these windows. The northern elevation is also brick clad for four floors with a stone wrap around from the Holly Street elevation and zinc cladding to the top two floors. Groups of windows provide relief in this cladding.

As originally submitted blocks A and B had areas of tile cladding at the top two floors. The quality of such materials was questioned as they made the building appear top heavy. Similarly details on the end elevations, for example brick on the southern elevation and tiling on the northern, were not considered acceptable in terms of quality.

In comparison with the office block approved in application number 06/04964/FUL the building is of a similar height but with a different set back for the top two floors facing Holly Street. That is, the current scheme is set further back on the fifth floor but forward on the sixth. The elevation facing the Waterworks building on the current plans also has a deeper set back of the top two floors than the previous approval. Other differences are a shallower ground floor than previous although it is still 3.8 metres deep with signage above the recess, and larger plant housings.

Amendments to the proposals as originally submitted have resulted in a significantly improved design, although slightly higher than the previous approval. This is subject to the submission of suitable materials and detailing such as reveals, which can be controlled by condition. Overall blocks A and B contribute positively to the City Centre Conservation Area and do not adversely affect the setting and character of listed buildings.

88 B) The area between Carver Lane and Carver Street

This is the area currently used as a car park and occupied by two buildings on West Street. The proposed office block will result in the demolition of these buildings and full justification for the loss of these buildings was established by the last two approvals. The main block is a maximum of six storeys high with set backs on the fifth and sixth floors. These are designed to reduce the building’s impact on Carver Street opposite the listed ‘Walkabout’ building and the listed Crystal Bar to the south. The set back on Carver Lane will assist in reducing the canyon affect of this block and blocks A and B on the street.

Car parking levels will front Carver Lane, one floor of Carver Street and the new link between Carver Street and the pedestrian link to Holly Street. To improve the appearance of the building at street level in these areas the car park grills will include public art. Access to the car parking is off Carver Street to levels 3, 4 and 5 containing 60 spaces, and a separate entrance on the new road link off Carver Street provides access to level 1 containing 21 spaces, five of which as to disabled standards. A cycle store is situated on level 1.

A major feature of the previously approved design for block C was an ‘ L’ shaped zinc clad element which extended from the West Street frontage and continued along Carver Lane. This was higher than the outline approval but was considered acceptable because of the quality of design. As part of the block was to be used for flats the elevations also included balconies and had an extra floor.

This proposal has one floor less as floor to ceiling heights are higher for offices. The top two floors between Carver Street and West Street have a glass and zinc cladding element that is set into the building similarly to the previous residential scheme but widens behind to provide extra accommodation. This element forms a five-storey glass clad projection on to Carver Street, close to its junction with West Street. Overall block C is higher than the previous approval by 2 metres.

The elevations of the block are brick clad to the fourth floor. Window panels have been staggered along with powder coated aluminium channels to provide a variation and interest on these levels. On the Carver Street elevation there is also the five-storey glass clad element referred to above. At fifth and sixth floors zinc cladding is proposed to complement blocks A and B and to ‘lighten’ the appearance of these floors.

To the south the listed Crystal Bar is a significantly lower building than block C and the relationship between the mass of the two buildings is not ideal. However the previous scheme was higher in part where it adjoined the Crystal Bar, adjacent to Carver Lane. The current scheme whilst slightly higher overall has been cut back at 5th and 6th floor level where it adjoins the Crystal Bar. In addition the upper two floors have extra glazing introduced to lighten this appearance. Extra windows and a recess add further detail and break up the brick areas on the lower floors.

Active frontages are provided at street level with shop fronts, except on part of Carver Lane. The colonnaded frontage set back provides a strong architectural feature in the street scene.

Although the previously approved scheme was lower and had strong and colourful detailing this proposal has been designed to reduce its impact on surrounding listed buildings and the street scene. Some floors of the southern elevation are in fact set back further than the previous approval. Thus although not ideal, the design is considered acceptable and does not adversely affect the setting and character of listed buildings.

Amenity Issues

The main amenity issue is the impact of the ground floor food and drink uses an adjoining residents and the proposed offices.

Reference has already been made to the canyoning effect of the higher buildings facing onto Carver Lane. In part this is less of an issue as there is no residential element in block C that would overlook this area. In order to reduce the overall impact of the buildings the top floors have been set back and there is a wider distance between buildings than previously approved. At ground level the pedestrian routes have been improved to create a non threatening environment by adding windows to the ground floor of blocks A and B and applying public art to car park voids on block C.

Concern is also raised about the intensification of an existing problem of noise from food and drink uses in the area for residents of flats opposite. This is an area where such uses are acceptable in principle. In order to prevent noise breakout both from the frontages of the proposed units and to the floors of offices above and to control odours, such details will be conditioned. Hours of opening for food and drink uses have been relaxed by the Government and for example the Crystal Bar now has a closing time of 3.00 a.m. However it is considered reasonable, in order to protect the amenities of adjoining residents to limit the opening hours of the food and drink uses to 0030 hours.

Highways and Transportation

It is proposed that vehicles will service most of the development from Carver Lane but due to changes in levels, the southern office block on Holly Street is serviced from Holly Street. Car parking is restricted to block C unlike the previous approval this is beneficial in that it simplifies the vehicular and pedestrian access arrangements.

To further address this concern a dedicated segregated footway for pedestrians has been included in the plans. Materials used will be consistent with the material palette zones as provided in part 3.3 of the Urban Design Compendium. Adoption of the link is a requirement of the Highways Authority and its design to adoption standards is to be conditioned. The applicant is also seeking closure of part of West Street Lane and amendments to Carver Lane

Unlike the approved outline scheme the proposal as submitted offers no opportunity for any public car parking. The proposal would result in the loss of short stay parking spaces off Carver Street and Holly Street. Policy T24 of the

90 Unitary Development Plan states: “all other developments in the City Centre on sites used as short stay car parks will be required to provide replacement parking”. Replacement on site of some of these spaces may be an option. Alternatively financial contributions could be made to off site provision of short stay parking elsewhere in the area. A condition is proposed to achieve this.

A Transport Assessment has been submitted the slight increase in traffic generated will not to have a significant impact on the operation of highways in the vicinity.

The development is in an excellent location for public transport access with buses and Supertram on West Street. A travel Plan will be conditioned.

Archaeology Issues

Prior to the previous approval being determined trial pits were dug and an initial assessment submitted. Although none of the remains identified by the initial trenching are of such archaeological importance that the South Yorkshire Archaeological Service would object to this proposal, a programme of archaeological mitigation will be required. This is due to sufficient evidence demonstrating that significant remains survive of the 18th and 19th Century metal trade works and other workshops and potential for remains relating to the medieval period. Of particular importance is the area between Carver Street and Carver Lane which has not been disturbed since the workshops were demolished. Thus a condition for implementation of archaeological work is included.

Access issues

Following discussion an amended Access Statement has been submitted. The Applicant intends to ensure that the buildings are designed in accordance with the requirements of current Government Legislation, the Council’s Disability Design Standards and the Department of Transport ‘Inclusive Mobility’. Mobility standards will be conditioned. Conditions are proposed to ensure the development will be carried out in accordance with the submitted access statement.

The new pedestrian link between Holly Street and Carver Lane contains flights of stairs due to the difference in levels. Whilst this will be an attractive feature, stairs on their own are not acceptable. A ramp of the correct gradient requires many zig –zags to absorb the level difference. Therefore a lift has been included along side the steps, details of its operation are covered by condition.

Other Issues

Concern has been expressed about loss of privacy and over-dominance of the development. There are flats on West Street (West Point) to the north of block C and to the south on Division Street (Cambridge Court).

Notwithstanding the height of block C the top two floors are not full width and there is over 80 metres separation to Cambridge Court and 35 metres from block A.

91 Residential development to the north of West Street is separated by West Street a busy thoroughfare by at least 18 metres and greater distances for the top two floors which are set at a receding angle on West Street. It should also be taken into account that the nature of the use of block C has changed to offices would not normally be occupied at night and will not have habitable rooms facing the existing flats. Thus it is not considered that the proposal will result in overlooking or loss of privacy.

Distances of all blocks from residential development to the south, as described above, are such that the buildings are not considered to be overbearing. The principle of a high building on West Street has been established by the previous approval and although this proposal is 2 metres higher there is adequate separation for a City Centre site such as this.

The loss of view is not a planning issue.

Issues relating to the impact on adjacent retained buildings of the massing and height of the proposal and the demolition of buildings are also dealt with elsewhere in this report.

CONCLUSION AND RECOMMENDATION

The proposed mix of uses in part concurs with Unitary Plan Policies, the Devonshire Quarter Action Plan, Sheffield City Centre Urban Design Compendium, Government Planning Policies and the emerging City Centre Masterplan. The increased office content will meet a need in the City Centre for prestigious office floorspace. The earlier planning approval established the principle of office, retail and food and drink uses, acceptance of demolition of buildings on West Street and the NUM headquarters on Holly Street, which are not considered to have a negative impact on the Conservation Area.

The height of block A is similar to the previous approval and the design and materials were considered to complement the setting of the City Hall. The facing materials on the south elevation of Block A have been changed to complement the listed waterworks building. Although Block C is slightly higher than the previous scheme (2m) the applicant has taken steps to reduce its impact in the street scene. This has been achieved by reducing the massing on the West Street/Carver Lane frontage and cutting back the upper 2 floors and introducing more glazing where it adjoins the Crystal Bar.

Although the design of Block C is not considered to be of such high quality as the previous approval, it should be taken into account that the residential element of the previous scheme provided the opportunity for greater articulation and colour through the provision of balconies.

The applicant has met the majority of concerns raised by officers by amending the height, quality of materials and elevation details. Benefits accruing from the scheme are the demolition of the NUM headquarters, a building which is out of character with the area, and its replacement with buildings that complement the City Hall and adjacent Barkers Pool along with the provision of more office space in

92 the City Centre. Although it has not been possible to provide an active street frontage along most of Carver Lane, public art will be provided at ground floor level on block C and glazed openings on the ground floors of blocks A and B. The buildings are also set further apart as opposed to the previous approval in order to reduce the canyon affect of the blocks on Carver Lane. A high quality link has also been provided between Holly Street and Carver Street

The interests of occupiers of the offices and existing residential development adjacent to the site will be protected through sound attenuation conditions.

A mix of retail and food and drink uses and offices open to the public at ground floor level as proposed will complement existing ground floor uses on Division Street and West Street. Subject to a suitable mix to prevent over dominance of non retail uses, such development is acceptable.

It is concluded that although the design is not equal to the quality of the previous approval it is considered to be acceptable on balance given the benefits of the scheme. The overall development is also considered to be consistent with the relevant land use policies and therefore it is recommended that planning permission, Conservation Area consent and Listed Building consent be granted.

Members are also requested to confirm that they:

(a) Raise no objection to the proposed stopping up of the areas of highway shown hatched on the plan that is on display at this meeting, subject to satisfactory arrangements being made with Statutory Undertakers with regard to any of their mains services that may be affected and suitable alternative routes being created,

(b) Authorise the Assistant Chief Executive (Legal and Governance) to take all necessary actions on this matter under the powers contained within either:

(i) Section 116 of the Highways Act 1980, or (ii) Section 247 of the Town and Country Planning Act 1990 depending upon which statute is appropriate at the time of processing the stopping up Order.

Case Number 06/00854/CAC

Application Type Conservation Area Consent Application

Proposal Demolition of 73 and 75-77 West Street (Amended plans received 31 July 2006)

Location Site Of 73-77 West Street, Site Of Carver Street Car Park And Former NUM Headquarters Holly Street Sheffield

Date Received 03/03/2006

Team CITY CENTRE AND EAST

Applicant/Agent DLA Architecture

Recommendation Grant Conditionally

Subject to:

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

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

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

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

Attention is drawn to the following justifications:

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

BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings

94 This informative is intended as a summary of the reasons for grant of conservation consent. For further detail on the decision please see the application report by contacting the Planning Records section on 2734215 or by visiting Sheffield City Council's website at www.sheffield.gov.uk/your- city-council/council-meetings/planning-boards

Site Location

For report see 06/00850/FUL

Case Number 06/00858/LBC

Application Type Listed Building Consent Application

Proposal Demolition of the rear of 2-12 Division Street (former NUM Headquarters, Holly Street) (Amended plans dated 31st July 2006)

Location Site Of 73-77 West Street, Site Of Carver Street Car Park And Former NUM Headquarters Holly Street Sheffield

Date Received 03/03/2006

Team CITY CENTRE AND EAST

Applicant/Agent DLA Architecture

Recommendation Grant Conditionally

Subject to:

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

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

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

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

Attention is drawn to the following justifications:

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

BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings

Site Location

For report see 06/00850/FUL

Case Number 06/01130/FUL

Application Type A Full Planning Application

Proposal Erection of 7No. dwellinghouses and a two-storey building to form 2No. flats (as per amended drawings received on 06/06/06 and additional level drawings received 31/7/2006)

Location Garage Site In Front Of 301-305 Morland Road Sheffield S14 1TL

Date Received 27/03/2006

Team SOUTH

Applicant/Agent Coda Studio

Recommendation Grant Conditionally

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

3 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 in accordance with the approved details within 1 month of the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority. When the above-mentioned landscaping has been carried out, thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced in accordance with the approved details unless otherwise authorised in writing.

98 In the interests of the amenities of the locality.

4 Nothwithstanding the drawings approved as part of this consent the integral garage to Unit 06 is not hereby approved. Prior to the commencement of development details of an amended ground floor plan shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved detail.

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

5 Nothwithstanding the drawings approved as part of this consent, the location of the parking spaces numbered 12 and 13 on drawing number 1276/01 Revision A are not hereby approved. Prior to the commencement of development an amended layout plan which provides Plots 08 and 09 with external amenity space provision. shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of potential future occupiers of the relevant units.

6 The dwellings shall not be used unless the car parking accommodation for fourteen cars (thirteen external spaces and one integral garage within Unit 07) as shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

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

7 Prior to the dwellings being occupied a statement giving details of how the parking spaces shall be allocated to the units and visitor spaces shall be submitted to and approved in writing by the Local Planning Authority. The parking spaces shall be managed in the agreed form unless otherwise agreed in writing by the Local Planning Authority.

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

8 The layout of the turning area to the south of parking spaces numbered 8 to 11 is not hereby approved. Prior to the commencement of development a drawing showing amendments to this turning area shall be submitted to and approved in writing by the Local Planning Authority, unless otherwise agreed in writing by the Local Planning Authority.

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

9 The bathroom windows on the elevation of Units 08 and 09 facing north shall be glazed with obscure glass to the satisfaction of the Local Planning Authority and shall not at any time be glazed with clear glass without the prior written agreement of the Local Planning Authority

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

10 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (and any order revoking and re- enacting the order) no windows or other openings shall be formed in the:

-west elevation of Plot 01 -east elevation of Plot 05 -north elevation of Plot 06

hereby permitted without the prior written consent of the Local Planning Authority.

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

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

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

12 Before the development is commenced full details of the boundary treatment shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

In the interests of the appearance of the development and of highway safety.

13 Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 3.0 (three) metres either side of the centre line of the sewers, which cross the site.

In order to allow sufficient access for maintenance and repair work at all times.

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

In the interests of satisfactory and sustainable drainage.

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

100 shall be subject a reduction of at least 20% compared to the existing peak flow, and calculations demonstrating the reduction shall form part of the submission and approved details.

To ensure that the development can be properly drained.

16 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.

17 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.

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

In the interests of the safety of road users.

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

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

20 Before any work on site is commenced a dilapidation survey of the surrounding highways shall be jointly carried out and agreed with the Local Planning Authority and any remedial works required as a result of the development shall be carried out to the satisfaction of the Local Planning Authority prior to the properties being occupied.

101

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

Attention is drawn to the following justifications:

BE5 - Building Design and Siting H5 - Flats, Bed-sitters and Shared Housing H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas LR8 - Development in Local Open Spaces

Attention is drawn to the following directives:

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

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

You should apply for a consent to:-

Head of Transport and Highways Planning, Transport & Highways Howden House 1 Union Street Sheffield S1 2SH

For the attention of Mr S A Turner Tel: (0114) 2736133

102 3. The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services.

4. As the proposed development abuts the public highway you are advised to contact the Highways Co-ordination Group on Sheffield 2736677, prior to commencing works. The Co-ordinator will be able to advise you of any pre- commencement condition surveys, permits, permissions or licences you may require in order to carry out your works.

103 Site Location

LOCATION AND PROPOSAL

The application site is located to the west of Morland Road, from where it is accessed and to the east of Raeburn Road properties. The site originally incorporated a total of twenty garages, which have now been demolished. In addition the site also incorporates an area (approximately 0.11hectares) which is categorised as Local Open Space.

The area of land is located within a Housing Area, as allocated in the Adopted Sheffield Unitary Development Plan.

The application seeks consent to erect five x 2 bedroom terraced type dwellings, two x 3 bedroomed semi-detached dwellings and a single building including two x 2

104 bedroom flats. These would be served by 13 dedicated parking spaces, and a single integral garage. These would be accessed directly from Morland Road. The garages were accessed via a different access taken from the site’s southern perimeter, which would be blocked up as part of the proposed works.

RELEVANT PLANNING HISTORY

There is no planning history relating to the current application site.

SUMMARY OF REPRESENTATIONS

Following direct consultation with neighbouring occupiers, one written representation has been received. Consultation on the most recently amended drawing has been carried out, any responses received prior to the Board meeting will be summarised at that meeting.

SUMMARY OF REPRESENTATIONS RECEIVED

The representation can be summarised as follows:

- Proximity of development to boundary - Overlooking and loss of privacy - Potential loss of light, depending on building height. Could have an impact upon property value - No timescale for construction, potential impact on amenities of neighbouring occupiers. Request for additional information in this regard, including working hours.

PLANNING ASSESSMENT

Policy Issues

The application proposes the construction of 7 dwellings and 2 apartments on a site which was partly previously developed, and partly Greenfield. Central Government guidance (PPG3 – Housing) requires maximisation of the re-use of previously developed land to promote regeneration and minimise the amount of Greenfield land taken for development. The site is a mix of Greenfield and previously developed land, and is considered to be acceptable in PPG3 terms since the site is located in an existing urban area, with reasonable local infrastructure provisions. In addition there is not a deficit of local open space within the vicinity of the application site. The proposal would also not have a detrimental impact upon the Council achieving its brownfield development targets. The site is approximately 0.213 hectares in area, and the density level of the site would equate to approximately 42 dwellings per hectare, which complies with the government’s guideline of between 30 and 50 dwellings per hectare.

The site lies within a Housing Area as defined within the Adopted Unitary Development Plan. Policy BE5 “Physical Design and Siting” requires any new buildings, amongst other things:

105 to complement the scale, form and architectural style of surrounding buildings.

Policy H10 “Development in Housing Areas” identifies Housing (Class C3) as being the preferred use within this area. The proposal is also required to be assessed in regards to Policy H5 “Flats, Bed-Sitters and Shared Housing”, Policy H14 “Conditions on Development in Housing Areas”, H16 ”Open Space in New Housing Developments” and Policy LR8 “Development in Local Open Spaces”.

Policy H5 part (a) only permits proposals of this nature if a concentration of the use would not cause serious harm to existing residents. Part (b) requires the living conditions for the proposed occupants to be satisfactory. Part (c) requires adequate off-street parking to be provided.

Amongst other things, Policy H14 states that applications for new development or changes of use will be considered to be acceptable where:

(a) new buildings and extensions are well designed and would be in scale and character with neighbouring buildings, (c) not over-develop a site or deprive existing residents of light, privacy or security, (d) provide safe access to the highway network and adequate off street parking (g) it would comply with policies for the Built and Green Environment as appropriate (h) it would comply with policy LR8

Given that the proposal includes more than 5 dwellings, Policy H16 requires the provision of a commuted sum toward off-site open space improvements, where there is a deficiency in Open Space in the locality, or where Open Space is in need of improvement.

Policy LR8 states that development of local open space would not be permitted where (a) it would involve the loss of recreation space which:

(i) serves a Housing Area and where provision is at or below the minimum guideline,

(ii) is in an area where residents do not have easy access to a Community Park

(b) where it would comply with the conditions of policy LR5.

Impacts upon Existing Open Space Provisions

The proposal incorporates development of an area of local open space. As such assessment of the application in regards to policy LR8 and PPG17 is necessary.

Existing open space provisions are above the minimum guidelines, and residents have easy access to a Community Park. On this basis the development of the open space would satisfy the requirements of policy LR8. National Planning Policy Guidance Note 17 requires developers to consult the local community and demonstrate that their proposals are widely supported. No such

106 evidence has been formally submitted, but it should be noted that the during the course of the sale of the land by the Council, Gleadless Valley Tenants and Residents Association supported the proposed sale. The open space area is understood to have been used for dumping purposes, and it was not fulfilling its purpose as a local open space. It is therefore considered that the requirements of Planning Policy Guidance Note 17 have been adequately met.

Overall, the loss of the open space is considered to be acceptable in regards to UDP policy LR8 and the relevant national planning guidance.

Impact upon the Street Scene and Amenities of Neighbouring Occupiers

The area is comprised of terraces of properties, built post World War II. The primary position from where the development would be viewed is at the Morland Road frontage. The revised drawing shows a single building incorporating two flats, with fenestration details and French doors facing Morland Road. The proposal therefore contributes an active frontage to Morland Road. The remaining dwellings are considered to be compatible within the local vicinity. Overall, the proposed development is considered to be compatible within the surrounding street scene, and the scheme is considered to satisfy the relevant provisions of policy BE5 and part (a) of policy H14 of the UDP.

In regards to the impacts of the proposal upon the neighbouring occupiers the following comments can be made. The two bedroom dwellings in the northern portion of the site potentially have an impact upon neighbouring dwellings to the west, north and east. It is considered that the proposed separation distances in relation to dwellings which would directly face the proposed dwellings would, in most cases, exceed 21metres. The distance from 307 Morland Road to the nearest proposed dwelling would fall below 21metres (approximately 18.5metres, with the proposed dwelling set approximately 1.5metre above the level at 307 Morland Road). The combination of this shortfall and the level difference is considered to be acceptable within this particular context. For example the relationship between the two terraces at 301-305 and 307-313 incorporates a shorter separation distance and similar level differences to the proposed relationship. On this basis it is considered that it would be difficult to resist the granting of consent.

The two outer dwellings in this set of five, plots 1 and 5, would be positioned so to avoid having an overbearing impact upon the existing properties located in closest proximity, either in visual terms or as a result of loss of direct light. On this basis it is considered that the proposal would have an acceptable impact upon the amenities of neighbouring occupiers.

The pair of three bedroom properties and the building including two flats (plots 6 and 9) are positioned to the south of the terrace of properties at 301-305 Morland Road, and would be set approximately 2metres above the level of these neighbouring units. The proposed dwellings would be set a minimum of 14.5metres approximately from these neighbouring dwellings. The facing proposed elevation incorporates two small bathroom windows, and there are therefore no opportunities for overlooking in connection to this elevation.

107 Notwithstanding the level difference the distance of separation would be acceptable and be considered to avoid the proposed buildings having a harmful impact upon the amenity of existing neighbouring occupiers.

Overall, it is considered that the impacts of the proposal upon the neighbouring occupiers are considered to be acceptable, avoiding harmful impacts on privacy, overbearing impacts and loss of light. As such the relevant provisions of Policy H14 of the UDP are considered to be satisfied.

Amenity Provision for Occupants of the Proposed Apartments

Each of the proposed units of accommodation would be considered to provide satisfactory levels of accommodation internally, with appropriate windows arrangements giving ventilation and natural day-lighting. The proposed dwellings would be provided with adequate garden area/s within their curtilages. The proposed flats are provided with an area of private amenity space to the south of the building that would be of appropriate area. This would adjoin the building, and as such the ground floor flat would be subject to use of the space by occupants of the first floor flat. It is not considered that this would necessarily result in privacy impacts, as sensitive use of the space would prevent the occurrence of such impacts. Overall, this element of the proposal is considered to be acceptable and to satisfy the relevant elements of Policy H5 of the UDP.

Highways Issues

The proposal involves a total of thirteen external parking spaces, and one garage within one of the three bedroomed dwellings, a total of fourteen off-street spaces. The UDP general standards for parking space provision would require a total of sixteen parking spaces. Therefore, the proposal would represent a minor shortfall below the UDP parking standards. However, it should also be noted that PPG3 would require a maximum of 1.5 spaces per proposed dwelling. Which for this development would lead to a requirement for 13.5 spaces. Based upon this requirement the proposal would be considered to be satisfactory. It is therefore considered that it would be difficult to support an argument for refusal.

In addition to this matter a number of issues have been raised by the Highways Development Control Officer. The amended site layout plan, is considered to be largely acceptable, with the exception of a small amount of alteration to provide acceptable turning radii within the main body of the site. It is considered to be reasonable to require this minor alteration by condition. It is also added that the integral garage to the northern most of the three bedroomed dwellings (plot 6) would not be accessible. It is therefore recommended that a condition be added to any consent granted requiring the submission of an alternative floor plan not including a garage.

The level details submitted with the application show that appropriate gradients can be achieved over the site.

108 Overall, the proposal is considered to be acceptable in regards to its impacts upon highway safety issues.

Contribution to Open Space Provisions in Vicinity

Given that the proposal includes more than 5 dwellings, a commuted sum toward off-site open space improvements will be required under UDP policy H16. Following an assessment of existing provisions it has been established that whilst the existing provisions exceed the minimum guidelines, existing facilities are in need of improvement, and therefore the developer is required to make a contribution to the provisions or improvement of recreation space in the catchment area. Based upon the provisions of the Open Space in New Housing Development Supplementary Planning Guidance a contribution of £6,952.50 is required.

Therefore, the below recommendation is subject to the completion of a Section 106 agreement relating to this issue.

Other Matters

A consultation response has been received from Yorkshire Water, suggesting a series of conditions. The Council’s Drainage section have also provided comments in this regard, which can be taken incorporated within Yorkshire Water’s comments.

COMMENTS UPON REPRESENTATIONS

The majority of points raised are dealt with in the main body of the report. In regards to the remaining matters the following comments can be made:

The issues relating to proximity of the proposed dwellings to neighbouring properties, and the related matters of loss of light and harmful visual impact are dealt with above. However, it can also be added that the written comments were received from an occupant of a property on the east side of Morland Road. It is therefore considered that the proposal would avoid having a harmful impact upon the amenities of the occupants of this property, such that would be sufficiently significant to support an argument for refusal.

The queries relating to uncertainty on the timescale for construction are noted. However, there are only powers within planning legislation to require commencement of development, but no authority to impose completion deadlines exists. It is possible to restrict hours/periods of working to prevent harmful impacts upon the amenities of neighbouring occupiers, under other legislation. It is therefore considered that it would be unreasonable for the planning process to restrict working in regards to this development.

SUMMARY AND RECOMMENDATIONS

The proposal seeks planning permission to erect five x two bedroom dwellings, two x three bedroom dwellings and two x two bedroom flats in a single building.

109

Assessment of the proposal is subject to the provisions of UDP policies BE5, H5, H10, H14 and LR8. The proposed buildings are considered to be in keeping with the existing street scene. It is considered to avoid having a harmful impact upon the amenities of neighbouring dwellings, by over-dominance, overbearing or overlooking/loss of privacy outcomes. The proposal is considered to be acceptable in highway safety terms. A commuted sum is required in the form of a legal agreement toward enhancement of recreation facilities within the catchment area.

Overall, the proposal is considered to be acceptable and approval, subject to the completion of a legal agreement and appropriate conditions is recommended.

110

Case Number 06/01657/FUL

Application Type A Full Planning Application

Proposal Demolition of existing house and erection of two dwellinghouses

Location 15 Whirlow Park Road Sheffield S11 9NN

Date Received 03/05/2006

Team SOUTH

Applicant/Agent Mr James Fielding

Recommendation Grant Conditionally

Subject to:

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

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

In order to ensure an appropriate quality of development.

3 All areas of external masonry shall be in natural stone, a sample of which shall be submitted to and approved in writing by the Local Planning Authority before the commencement of the development.

In order to ensure an appropriate quality of development.

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

Reconstituted slate sample;

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

111 In order to ensure an appropriate quality of development.

5 All new windows shall be constructed with a minimum 100mm reveal depth.

In the interests of the visual amenities of the locality.

6 The windows on the side elevation of the dwellinghouses shall be glazed with obscure glass to the satisfaction of the Local Planning Authority and shall not at any time be glazed with clear glass without the prior written agreement of the Local Planning Authority.

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

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

To ensure satisfactory drainage arrangements.

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

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

9 Before the development is commenced, details of the proposed surfacing, layout and marking out of the car parking accommodation shall have been submitted to and approved in writing by the Local Planning Authority. The dwellings shall not be used unless the car parking accommodation has been provided in accordance with the approved plans and thereafter such car parking accommodation shall be retained for the sole use of the development hereby permitted.

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

10 The existing boundary wall fronting Whirlow Park Road shall be retained and details of the proposed treatment of any new access through the wall shall be submitted to and approved in writing by the Local Planning Authority before work on site is commenced and the dwellinghouses shall not be used unless such treatment has been carried out in accordance with the approved details.

In the interests of the amenities of the locality.

11 The proposed new boundary fence shall be provided as indicated on the plans before the use of the dwellinghouse is commenced.

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

12 Before the development is commenced full details of the proposals for storage of dustbins shall have been submitted to and approved by the Local Planning Authority.

112

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

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

In the interests of the safety of road users.

14 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 in accordance with the approved details within 1 month of the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority. When the above-mentioned landscaping has been carried out, thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced in accordance with the approved details unless otherwise authorised in writing.

In the interests of the amenities of the locality.

15 Before work on site is commenced, full details of the access and facilities for people with disabilities, as shown on the plans, shall have been submitted to and approved in writing by the Local Planning Authority and the dwellinghouses shall not be used unless such access and facilities have been provided in accordance with the approved plans and thereafter such access and facilities shall be retained.

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

16 No trees, shrubs or hedges existing within the site of the development shall be destroyed or otherwise removed and no tree shall be lopped or topped, without the prior written agreement of the Local Planning Authority, but if notwithstanding this condition any tree, hedge, part of a hedge or shrub is removed or destroyed or damaged to such a degree that in the opinion of the Local Planning Authority its removal is necessary, then a replacement shall be planted of a species and size to be approved by the Local Planning Authority prior to planting. Any such replacement shall be cultivated and maintained for 5 years and any failure within that 5 year period shall be replaced with like species unless otherwise agreed in writing by the Local Planning Authority.

113 In the interests of the visual amenities of the locality.

17 Before any work on site is commenced full details of the measures to be taken to protect the existing trees within and/or adjoining the site of the development during demolition and construction works shall be submitted to and approved in writing by the Local Planning Authority. These measures shall include means of preventing the ground beneath the canopy of such trees and/or hedges from being disturbed or used for storing materials of any kind.

In the interests of the visual amenities of the locality.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas H15 - Design of New Housing Developments

Attention is drawn to the following directives:

1. It is noted that your planning application involves the construction or alteration of an access crossing to a highway maintained at public expense.

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

For access crossing approval you should contact the Highway Development Control Section of Sheffield City Council on Sheffield (0114) 2736136, quoting your planning permission reference number.

2. The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact

114 Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services.

3. The applicants are advised that the storage of building materials on the highway is an obstruction of the footway/highway and that all building materials should therefore be stored within the site.

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

5. The applicant is advised to contact the Council's Development Services, Land Drainage Group, 2-10 Carbrook Hall Road, Sheffield, S9 2DB (Telephone Sheffield 2735847) to seek approval for the proposed drainage arrangements, as soon as possible, prior to the commencement of development.

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

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

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

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

115

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

Site Location

116 LOCATION AND PROPOSAL

The proposal involves the demolition of a large villa at 15 Whirlow Park Road and the erection of 2 villas on the site, with integral double garages and forecourt car parking and turning facilities for 2 more cars per property.

The site is 28 metres wide on the frontage, widening to 46 metres at the widest point, is over 100 metres deep and can easily accommodate 2 large dwellinghouses. The proposed houses will each be 16.8m wide x 11m deep x 9m high to the highest point of the ridge and 6.6m high to the highest point of the eaves and will provide the following accommodation;

Ground Floor - double garage, kitchen / breakfast room, lounge, dining room, hall, utility room and wc.

First Floor - 5 bedrooms, 2 with en-suite bathrooms and a bathroom.

Second Floor - bedroom with en-suite bathroom.

SUMMARY OF REPRESENTATIONS

21 letters of objection were received from local residents, on the grounds that;

- The proposals will cause a loss of valuable garden / green-space and change the character of the road, setting a precedent for developments of a similar nature. Two similar schemes are under construction on nearby sites. Please minimise loss of trees and boundary screening.

- The recent developments on this road have raised concerns about storage of building materials, lorries, etc, on the roadside with consequent damage to road verges and this would be of particular concern for this site, since the access adjoins a small roundabout with limited visibility. Can conditions be applied which will help to control this?

- The proposed houses are too large and the height, at 11.5 metres high, at the rear, would be over-dominant viewed from 3 Forest Edge, which is lower down the slope and could suffer loss of outlook, if the side boundary trees and shrubs are removed. The red brick proposed would be out of place and white render to match the existing house would be preferred.

- Please ensure that no side elevation windows overlook 17 Whirlow Park Road.

PLANNING ASSESSMENT

Policy Issues

The site is located within a Housing Policy Area and housing is the preferred use, under policy H10 of The Sheffield Unitary Development Plan 1998.

117

There are no policy objections to the proposals. The site provides adequate access, circulation area, car parking and turning facilities, screening, outlook and garden area, without undue loss of privacy or amenity to adjoining properties and is considered to comply with policies H14 and H15, which require that sites are not overdeveloped but are well designed, with adequate car parking facilities and are in scale and character with the area without depriving residents of light, privacy, security, or serious loss of garden space.

Highway Issues

The proposals will provide an integral double garage and 2 car parking spaces per property, together with on site turning facilities and this is considered to be appropriate, for six bed-roomed, suburban villas.

Design and Impact

Whirlow Park Road, has a variety of (mainly 1980’s) styles and designs and the design of the proposed houses (which are to be constructed in stone and reconstituted slate, rather than the red brick originally intended) are considered to be satisfactory. The footprints have been reduced slightly to ensure a minimum of 2 metres of circulation space around each house and this is now acceptable. Both properties will have larger than average front and rear garden areas.

The amended plans reduce the height of the proposed housing so that it will be no higher than the existing house. No. 3, Forest Edge at the rear is some 40 metres away and should not be unduly affected by loss of privacy or outlook, since the boundary trees are to be retained as a screen.

The proposals include side elevation windows and these are to be obscure glazed to avoid loss of privacy, to 13 and 17, Whirlow Park Road.

The proposals back onto a woodland at the rear and a wooded roundabout at the front.

RESPONSE TO REPRESENTATIONS

The site is large enough to accommodate 2 large houses and still retain far larger than average front and rear garden areas.

The height of the proposed housing has been reduced slightly, so that the ridgeline is no higher than the existing house and this is considered to be satisfactory.

The wooded rear garden area and the side boundary trees are to be retained, as screening for 3 Forest Edge.

The proposed side elevation windows, which face towards Nos. 13, and 17 Whirlow Park Road, are to be obscure glazed to avoid loss of privacy.

118 A condition is proposed to ensure that building materials will not be stored on the site frontage during the development.

SUMMARY

The proposals involve the demolition of a large villa and the erection of 2 stone dwelling-houses with reconstituted slate roofs and integral double garages on the site.

The site is not located within a Conservation Area and the existing house is of no great architectural merit, so there are no objections to it’s demolition.

The site is large and is easily able to accommodate two large houses with appropriate car parking and turning facilities and larger than average front and rear garden areas without undue impact upon adjoining properties.

The site is well wooded and the proposals will retain most of the existing trees, ensuring adequate screening for No. 3 Forest Edge to the rear.

RECOMMENDATION

The proposals are recommended for approval subject to appropriate conditions.

119

Case Number 06/01811/CHU

Application Type Planning Application for Change of Use

Proposal Use of part ground floor and first floor as a nightclub

Location AEU House 49 Furnival Gate Sheffield S1 4QQ

Date Received 16/05/2006

Team CITY CENTRE AND EAST

Applicant/Agent Escafeld Design

Recommendation Grant Conditionally

Subject to:

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

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

2 The building shall be used for the above-mentioned purpose only between 1000 hours and 0600 hours on any day.

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

3 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.

4 No movement, sorting or removal of waste bottles, materials or other articles, nor movement of skips or bins shall be carried on outside the building within the site of the development between 2300 hours and 0700 hours Monday to Saturday and between 2300 hours and 0900 hours on Sundays and Public Holidays.

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

5 The fire exit doors shall only be used as an emergency exit and shall not at any time be left standing open.

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

6 No externally mounted plant or equipment for heating, cooling or ventilation purposes, nor grilles, ducts, vents for similar internal equipment, shall be fitted to the building unless full details thereof have first been submitted to and approved by the Local Planning Authority, and once installed such plant or equipment should not be altered without prior written approval of the Local Planning Authority.

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

7 No amplified sound shall be played within the building except through an in- house amplified sound system fitted with a sound limiter, the settings of which shall have received the prior written approval of the Local Planning Authority.

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

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

a) Be based on the findings of an approved noise survey of the application site, including an approved method statement for the noise survey, b) Be capable of restricting noise breakout from the building to the street to levels not exceeding:

(i) the background noise levels by more than 3 dB(A) when measured as a 15 minute Laeq, (ii) any octave band centre frequency by more than 3 Db when measured as a 15 minute linear Leq.

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 occupiers of adjoining property.

9 Before the use of the building for the purposes hereby permitted is commenced, written confirmation shall be given to the Local Planning

121 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.

10 Before the use of the development is commenced, a Validation Test of the sound attenuation works shall have been carried out and the results submitted to and approved by the Local Planning Authority. Such Validation Test shall:

a) Be carried out in accordance with an approved method statement,

b) Demonstrate that the specified noise levels have been achieved.

In the event that the specified noise levels have not been achieved, then notwithstanding the sound attenuation works thus far approved, a further scheme of sound attenuation works capable of achieving the specified noise levels and recommended by an acoustic consultant shall be submitted to and approved by the Local Planning Authority before the use of the development is commenced. Such further scheme of works shall be installed as approved in writing by the Local Planning Authority before the use is commenced and shall thereafter be retained.

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

Attention is drawn to the following justifications:

S3 - Development in the Central Shopping Area and S10 - Conditions on Development in Shopping Areas

122 Site Location

LOCATION AND PROPOSAL

The site of the application is the part ground and first floor of the former AEU building. The building has 10 floors and has been mainly used for offices. It adjoins Howden House, Derwent House and Redvers House and an electrical retailer. The main aspect is over the roundabout at the junction with Arundel Gate, Eyre Streetand Furnival Gate.

The premises are serviced from the rear off Union Lane.

The nearest living accommodation is over the former McDonalds at the corner of Furnival Gate with The Moor and over the Ha-Ha Bar on St. Pauls Parade. There are planning permissions for a residential developments on the corner of Furnival

123 Gate and Pinstone Street and for the site of the former Register Office on Arundel Gate. Butchers Works across Arundel Gate is being converted to housing but this is some distance away.

Permission was granted in 2003 for conversion of part of the Redvers House building into a café/bar with a 0300 hours closing. There is currently an undetermined application for a night club on this site, 06/01562/FUL refers.

The applicants are requesting permission for a use which will be similar in character to a previous permission for two bars and a restaurant, 05/00971/FUL, which had permission to close at 0230 hours and a subsequent permission 05/04017/FUL which changed the closing time to 0600 hours. The internal layout has changed from the previous permission but still shows the dance floor at the first floor. The current layout does not show any kitchen areas but still shows upper and lower bars.

The addition of a stage makes it clear the operation is that of an entertainment venue with dancing and not a bar/café/restaurant within Use Classes A3/A4.

SUMMARY OF REPRESENTATIONS

None received.

PLANNING ASSESSMENT

Policy and Noise Related Issues

The site is located within the Central Shopping Area and Policy S3 Development in the Central Shopping Areas indicates the use may be considered on its merits as it is no longer identified in the menus. Amendments to the Use Classes Order have clearly made night clubs sui generis. The previous inclusion as part of Class D2 gave more specific policy support.

Policy S10 Conditions on Development in Shopping Area, criterion (b) refers to the living conditions of residents. It is a major consideration, amplified by the City Centre Living Strategy and the Draft Interim Guidance agreed by Cabinet in January 2005. The area considered suitable for night time activities in the City Centre Living Strategy, begins on the opposite side of Furnival Gate and already has a number of operating night clubs. The application site is not considered to be materially different, especially as it is outside the area identified for 12.30am closing in the Interim Guidance.

Residents with a city centre cannot expect the same levels of amenity as in other parts of the City. Sound insulation installed in buildings to keep noise in and out if constructed to the specification set by the officers of the Environmental Protection Service, should deal with the problem. The major night time problem is street noise caused by people and traffic and the solution to that lies in the proper insulation of the dwellings and their location at levels above the street. Most new residential proposals in this area are above street level as the new buildings proposed, have active frontages.

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This particular site does not have areas around it suitable for late night congregation and being next to a roundabout is an unattractive area for late night congregation as well as being constantly in public gaze. There are alternative routes for dispersal of people into areas where there is no housing. The external areas near to the building are all in public highway and similarly unattractive.

Highway Issues

The premises are serviced from the established entrance off Union Lane. The frontage faces the roundabout and whilst vehicles can use lay-byes in Furnival Gate and Arundel Gate, these are used by buses and cars during the day. They are available during the night for private cars and taxis to pick up and drop off and are located away from potential residents.

Access Issues

AEU House was built during the early 1970s and application number 05/0971/FUL included proposals for refurbishment of the building which would update it. This work has already commenced as part of that application.

SUMMARY AND RECOMMENDATION

As the proposed use will not operate during the day, except as a bar, it is unlikely to cause any disturbance to the workers within the building or any adjoining by the passage of any noise. The sound insulation agreed as the conditions as part of 05/00971/ FUL would be also suitable for a night club use, taking account of the building’s use for only a further three hours extra to what already has been approved. The use meets the requirements of policy and supplementary guidance and is not likely to directly impact existing or future residents to any unacceptable degree.

The application is recommended for approval with conditions.

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Case Number 06/01904/CHU

Application Type Planning Application for Change of Use

Proposal Use of nightclub as casino

Location Kingdom 1 Burgess Street Sheffield S1 2HF

Date Received 19/05/2006

Team CITY CENTRE AND EAST

Applicant/Agent DLP Consultants Ltd

Recommendation Grant Conditionally

Subject to:

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

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

2 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.

3 Prior to the use commencing details shall be submitted to and approved in writing by the Local Planning Authority demonstrating that sufficient and adequate facilities will be in place to handle the refuse storage for the site.

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

4 Before development commences details of covered cycle parking shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented before the use commences and thereafter permanently retained.

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In the interests of encouraging sustainable travel to the site in accordance with PPG13.

5 The development shall not be begun until the improvements (which expression shall include traffic control, pedestrian and cycle safety measures) to the highways listed below have either;

a) been carried out; or

b) details have been submitted to and approved by the Local Planning Authority of arrangements which have been entered into which will secure that such improvement works will be carried out before the building is brought into use.

Highway Improvements: Resurfacing of the footpath along the site front of Burgen street in accordance with the primary pallate of the Urban Design Compendium.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

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

Attention is drawn to the following directives:

1. The applicant is advised to consider designing out the fire doors which open out over the highway.

127 Site Location

LOCATION AND PROPOSAL

The application site is the former Odeon cinema, currently the Kingdom Nightclub in Barkers Pool. Adjoining uses are shops and offices. The application relates to the upper floors of the building (approx 3500 sqm), which are located above the shops, that front onto Barkers Pool.

The application proposes a change of use to a Casino. The plans show the pedestrian entrance to be off Burgess Street which would provide access to the main gaming room at first floor level including a bar area. The next level provides access to 3 clubrooms that are referred to as providing gaming and entertainment, each of which incorporates a small dance floor and bar. A further clubroom is

128 provided on a mezzanine level, which includes a gaming floor, dining room and bar. No external alterations to the appearance of the building are proposed.

RELEVANT PLANNING HISTORY

Planning permission was granted in January 1996 for the conversion of the cinema into licensed bars and dance clubs and erection of fire escape in service yard, (95/02340/FUL).

SUMMARY OF REPRESENTATIONS

One letter has been received that is signed by 22 people. It appears to be a general objection to Casinos and does not specifically refer to the application proposal; it states that the creation of jobs and attraction of revenue to the city does not justify the negative social consequences and misery caused by gambling.

PLANNING ASSESSMENT

Policy Issues.

The application site lies in the central shopping area as identified in the Unitary Development Plan. Policy S3 states that shops, offices used by the public, food and drink outlets and housing are preferred uses. Leisure and recreation facilities are preferred uses. Before the recent changes to the use classes order were made Casinos fell within the Leisure and recreation use class. Casinos are now defined as uses on their own and do not fall into any use class. However it was clearly the intention of UDP policy S3 that Casinos are acceptable uses in the Central Shopping Area.

Policy S10 sets out conditions for development in shopping areas. This states that changes of use should not lead to a concentration of uses that would prejudice the dominance of preferred uses in the area or its principle role as a shopping centre. They should also be adequately served by transport facilities and have appropriate access to off-street parking facilities. As the application site is already in use as a non-preferred use rather than a preferred use and will change to another non- preferred use it will not alter the balance of shopping uses in the City Centre. In addition the application largely relates to floor space above ground floor level where none shopping uses are more appropriate.

Planning Policy Statement 6: Planning for Town Centres states that leisure and entertainment uses including casinos are main town centre uses. It seeks to promote these uses within existing town and city centres.

The application site falls within the area covered by the Supplementary Guidance For the New Retail Quarter application and within the boundary of the retail quarter outline permission. The proposal is not considered to be contrary to any of the ten guidelines set out in the Supplementary Planning Guidance. The Retail Quarter Outline application proposes the demolition of the application building and its replacement with shops and flats. Hammersons will need to acquire the site either

129 by agreement or through a compulsory purchase, which is the case regardless of this application.

A separate licence is required for a Casino this is administered by the Councils as licensing authority.

Amenity Issues.

The site adjoins offices and shops and there is no residential accommodation close by. The existing nightclub is open through the night and the planning permission only restricts operations during the day due to the potential conflict with other daytime uses. Environment Protection Service have advised that there have been no noise complaints in connection with the nightclub use and the noise levels from music played in a casino are likely to be much lower. Given this there is considered to be no need to impose conditions on hours of operation or sound insulation.

Access Issues.

There is no dedicated parking to serve the application site. However the site is well served by public transport including the tram, (Cathedral Square), bus stops on Pinestone Street and taxi rank on Barkers Pool. It will also be served by existing city centre public car parks, which are likely to be less intensively used at the peak casino operating times. The pavement that serves the existing entrance is level and the building entrance is level and can accommodate wheelchair users. Alterations to the interior of the building to facilitate disabled access will be covered by the building regulations.

RESPONSE TO REPRESENTATIONS

The objections are to the principle of Casinos and relate to concerns about problem gambling. Casinos are however a legitimate form of development and the planning authority needs to concern itself with land use impacts rather than moral considerations.

SUMMARY AND RECOMMENDATION

Currently planning policy promotes the provision of Casinos in town centres. Therefore the proposed change of use is acceptable in principle. The application site is in a sustainable location and well served by a variety of means of transport. There are no sensitive uses near the site and therefore there is no need to restrict opening hours. The site is to be redeveloped as part of the New Retail Quarter development and this proposal will not prejudice the implementation of this scheme. It is therefore recommended that planning permission be granted.

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Case Number 06/02058/CHU

Application Type Planning Application for Change of Use

Proposal Use of land for car sales (application under Section 73 to vary condition 1 (expiration of temporary permission) as imposed by planning permission 04/02346/CHU)

Location Site Known As 90 Broad Street Sheffield S2 5TG

Date Received 02/06/2006

Team CITY CENTRE AND EAST

Applicant/Agent Mr Ian Simms

Recommendation Refuse with Enforcement Action

Subject to:

1 The Local Planning Authority consider the continued use of the land for car sales would conflict with the objectives of Policy MU3 of the Unitary Development Plan to bring forward the successful redevelopment of land in the policy area where the uses will include those identified as preferred/acceptable in the policy menus, due to the disturbance from on- site activities, lack of permanent buildings and the open nature of the site.

2 The Local Planning Authority consider the continued use of the land for car sales is prejudicial to the outlook and amenities of existing and future residents due to the close proximity of noisy activities on the site, general untidiness and lack of permanent buildings, it is therefore considered to be contrary to UDP Policy MU11.

Attention is drawn to the following directives:

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

131 Site Location

INTRODUCTION

An application for the use of this site for car sales, 04/02346/CHU, was refused by the Board 24th August 2004 and then allowed on appeal for a 1 year trial period.

The Council’s case for refusal and at appeal was based on Policy MU3 Broad Street Mixed Use Area where car sales uses are considered on merit. It was considered the use would deter the development of the preferred and acceptable uses in the policy menus.

LOCATION AND PROPOSAL

132 The site of the application is a piece of land which is built over a railway cutting on a line running into Sheffield Station. It faces out on to Broad Street but is accessed from Stepney Street which runs down the side. To the rear of the application site is land which was the subject of a planning application for residential development, granted by the Board in November 2003. The buildings which were there in 2004 have now been demolished.

The area around the site has currently a mix of uses, including some shops, facing Broad Street. However, the adjoining area to the south-east of the railway is entirely residential and the opposite side of Broad Street has permission for a mixed use apartments/student accommodation/office and small retail scheme which has just commenced.

The site is surrounded by a wire netting fence with barbed wire on top and cars are displayed behind it. The area is elevated from the back edge of pavement by about 1.5m. A Portacabin type office and shed are at the rear. The access is ramped up from Stepney Street.

Car repairs also take place in the open air as there is no building available. Tools and materials are scattered about the site. There are cars parked in the adjoining Stepney Street which are connect with the use.

An adjoining use on the Broad Street frontage is a vehicle storage compound and contains a transporter.

REPRESENTATIONS

One letter has been received from a resident objecting to the untidiness of the site, noise from the continuous banging of car doors and a dog barking day and night.

Two other residents have written on non-planning matters and supplied correspondence, commenting on the previous application.

The applicant has read the first representation on the web site and responded to deny there are any problems, stating they do not open late, she can’t hear car doors above the noise of traffic and trams. The dog is for guarding and barks at people passing by. People bang car doors in the car parks of the flats and taxis go there all the time.

PLANNING ASSESSMENT

Policy Issues

The relevant policies are MU3 Broad Street Mixed Use Area and MU11 Conditions on Development in Mixed Use Areas.

The policy position on the use of this site has not changed since the original application was submitted and refused, although the granting of two permissions mentioned above on adjoining sites for housing has been a departure from the approved policy.

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The land use proposed whilst not referred to as being unacceptable, does not support the developments which are indicated on the preferred and acceptable menus in the policy.

The use as operated on the site does not involve a building or the curtilage of one which could be developed in a way which could attractive and improve the appearance of the area. A major scheme for housing and offices has been granted across Broad Street from the site which will set the standard for future developments and probably be an incentive for others. The application site has a permission for housing to the rear which does not have a major road frontage, just an access off Stepney Street.

The use of the road frontage for open storage of vehicles would be no incentive for the development of the land at the rear for housing or any other use. Because of where the land is located, buildings cannot be erected but it can be included within a curtilage and used for open space or a properly landscaped car park in another development. Now the buildings have been removed from the site at the rear, the two areas have become more viable as a development site.

On balance therefore the continuation of the use as car sale would deter the development of the adjoining land for development and would be contrary to policies of the Broad Street Mixed Use Area.

Highway Issues

The use of the land as it has been operating, has had no separate visitor parking and cars related to the use have been seen parked in adjoining highways. Broad Street is a route into the Park Square roundabout and carries considerable traffic at peak periods. Parked vehicles would be a hazard.

Residential Amenity Issues

The use of the site for car sales has had an impact on adjoining residents. When the application was previously submitted there were many complaints as the application was retrospective. The Inspector allowed the appeal on the basis there were no firm proposals for any adjoining site except for the housing to the rear. He argued the use should be allowed because there would be difficulty in finding uses for the site. He considered the site was sheltered from existing residents by adjoining levels and distance. A trial period was allowed.

The basis of that decision has now changed. New dwellings are being built opposite. Buildings which once gave some shelter from noise to residents to the south and east, are now demolished. The whole area will begin to have a different character once the major development opposite is complete and occupied. Offices may become the major land use as required by policy and the proximity to the City Centre will be an incentive, but it will also in the widest sense have a more residential character, similar to the housing area which is adjoining.

134 The Inspector also failed to control the opening hours and it seems like the use may have carry on into the evening on some occasions. A letter from the applicant complaining about an objector suggests this does not happen.

SUMMARY AND RECOMMENDATION

The continuation of this use is clearly a disincentive for investment and is likely to be the cause of more complaints as more people come to live on Broad Street. The use has continued to be intrusive in the street scene because of the elevated position of the wire fence and cars. The site overall is relatively untidy with signs on cars, bunting and equipment.

The application is therefore recommended for refusal.

ENFORCEMENT

The Board are requested to authorise enforcement action and all necessary steps to cease the use.

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Case Number 06/02189/FUL

Application Type A Full Planning Application

Proposal Erection of 3/4 storey building to form 10 apartments (Amended plans dated 5th September 2006)

Location 756 Barnsley Road Sheffield S5 6SY

Date Received 13/06/2006

Team CITY CENTRE AND EAST

Applicant/Agent Paul Higgins

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority considers that owing to the restrictive light and outlook from the three proposed gable windows on the southern elevation, due to their proximity to the neighbouring building, future occupants of these habitable rooms would suffer from unacceptable living conditions. The proposal is therefore contrary to Policy H5 and H14 of the Sheffield Unitary Development Plan

2 The Local Planning Authority considers that owing to the buildings form, layout and elevational detail the scheme presents an unacceptable design, which in turn has a detrimental impact upon the locality. The proposal is therefore contrary to Policy H14 and Policy BE5 of the Sheffield Unitary Development Plan and the strategic objectives of the Transform South Yorkshire Housing Market Renewal Area Strategies.

136 Site Location

LOCATION AND PROPOSAL

The site sits on the eastern side of Barnsley Road, five hundred metres to the north of the Northern General Hospital and to the immediate south of the new Longley Park Sixth Form College.

When approaching the site from the south there are five recently erected two- storey red brick townhouses with dormer windows, these dwellings achieve access via Tideswell Road, which is to be shared with the proposed apartments. The new college to the north is of contemporary design and offers a welcome contrast to the traditional two-storey red brick semi detached and terraced dwellings that make up the majority of the surroundings.

137 Currently on the site is a mainly rendered dwelling house that, due to the topography of the land, falls from a single storey property at the rear to a two storey property at its frontage, although the presence of a high stonewall to the front boundary allows for the dwelling to retain an appearance of a bungalow.

The site is bordered on its Barnsley Road boundary by a 2.2-metres stonewall, to its Tideswell Road elevation by a brick wall of varying height, reaching two-metres and a three-metre high brick wall sits on the rear boundary.

It is proposed to alter a previously approved scheme 05/04084/FUL, which granted consent for the erection of 4-storey block to create 10 apartments. The alterations include:

- The infilling of the rear elevation, which was originally approved with a stepped appearance, the infilling allows for further internal space to be created. - Alterations to the detail and treatment of the proposed elevations. - Internal alterations including the relocation of bedrooms to the rear of the building and inclusion of additional bedrooms.

RELEVANT PLANNING HISTORY

The site has recently gained consent for the erection of 4-storey block to create 10 apartments (05/04084/FUL).

Four of the five townhouses that are to share an access with the proposed apartments gained consent in 2003 (03/00320/FUL)

The fifth town house also gained consent in 2003 (03/02084/FUL)

SUMMARY OF REPRESENTATIONS

One representation has been received objecting, as the proposal would result in the area being overpopulated.

PLANNING ASSESSMENT

Policy Issues

The site lies within a Housing Area as defined within the Sheffield Unitary Development Plan, Policy H10: Development in Housing Areas states that housing is the preferred use.

As the proposal is to be for the creation of 10 apartments Policy H5 of the Unitary Development Plan states that planning permission will be granted for the creation of flats only if:

-A concentration of these uses would not cause serious nuisance to existing residents; and -Living conditions would be satisfactory for occupants of the accommodation and for their immediate neighbours; and

138 -There would be appropriate off-street car parking for the needs of the people living there.

In addition Policy H14: Conditions on Development in Housing Areas states that new development or change of use in such areas will be acceptable only if certain criteria is met, including:

- New buildings and extensions are well designed and would be in scale and character with neighbouring buildings; and - New development would be well laid out with all new roads serving more than five dwellings being of an adoptable standard; and - The site would not be over-developed or deprive residents of light, privacy or security, or cause serious loss of existing garden space which would harm the character of the neighbourhood; and - It would provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians.

Policy H15: Design of New Housing Developments sets out a number of criteria that the design of new housing developments are expected to meet. In this regard, Policy BE5: Building Design and Siting is also particularly relevant, for example, BE5 (a) states that new buildings should compliment the scale, form and architectural style of surrounding buildings.

It is also noted that the site sits within the new Housing Market Renewal Area and design principles have been adopted for such areas to ensure appropriate quality is attained.

Effect on residential amenities

The properties to the west of the site are set two-metres below the highway they are however set over twenty-nine metres from the front boundary of the site, the building itself is to be set forty-one metres from these properties.

In respect of the properties to the rear (east) of the site the building will be set no closer than 16.7-metres from the rear boundary and over twenty-five metres from the rear elevations of these properties, it is also noted that the properties to the rear of the site are set slightly above.

It is viewed that these distances ensure the amenity of the neighbouring dwellings in respect of outlook, privacy and light is protected.

The college sits to the north of the site and offers no amenity problems in respect of this development and the townhouse to the south has a blank gable and the careful siting of this proposal will ensure no amenity issues arise in respect of this dwelling.

Highway Issues

The site sits on a main bus route and therefore has good access to public transport in the light of this it is considered on balance to be acceptable to provide one space

139 for each apartment limiting to an acceptable degree any demands on current on- street parking within the area.

The current access is used by five townhouses and is finished to an adoptable standard, the intensification of this access is not viewed as causing detriment to its surrounding due to its limited residential scale. The properties to the rear will be separated from the parking area by a three-metre high boundary wall creating a buffer between these areas.

Access Issues

The application site faced significant access issues due to its restrictive topography. The parking had to be located to the east of the plot to incorporate the existing access road and due to the significant fall in levels from the parking spaces to the building wheelchair access is unachievable. Therefore wheelchair users will have to use the footway on Tideswell Lane and enter from the cycle/pedestrian gateway. This situation is not ideal, however given the steeply slopping nature of the site it has proved unavoidable.

Access from the pedestrian entrance from Tideswell Road to the main access to the rear of the development is reasonably level and will not provide wheelchair users any further difficulty.

The site provides two apartments designed for disabled users both of which can be accessed from the Barnsley Road elevation further easing the conflict between suitable access and the topography of the site.

Amenity Space

The site offers some amenity space to the rear and a further level well sized space to the front, protected by the existing boundary walls allowing a sufficient degree of privacy whilst shielding potential traffic noise from Barnsley Road.

Open Space Requirement

An Open Space requirement of £6950 would be required under the terms of Policy H16 of the Unitary Development Plan.

Outlook and Living Conditions

The majority of the habitable rooms within the scheme offer resident’s sufficient outlook and living conditions. There are however three windows marked down as serving studies on the buildings southern elevation that are to be set only one- metre away from the gable wall of the recently erected townhouse to the south.

The Local Planning Authority has concerns that these windows could potentially serve as bedrooms given their size. Whether used as a study or third bedroom it is not considered that acceptable outlook from, or light into, these habitable rooms could be achieved and as such suitable living conditions cannot be provided.

140 In light of this the proposal is considered to be contrary to:

- Policy H5 of the Sheffield Unitary Development Plan, which states that planning permission will be granted for the creation of flats only if living conditions would be satisfactory for occupants of the accommodation and for their immediate neighbours - Policy H14 of the Sheffield Unitary Development Plan, which states new development will only be permitted provided the site would not be overdeveloped or deprive residents of light.

Design

The site is within the Transform South Yorkshire Housing Market Renewal Area, which means that a great emphasis is placed on design quality as this is recognised as a major factor in housing market change and the regeneration of the area.

Transform South Yorkshire has 3 strategic objectives:

- To achieve a radical improvement in the character and diversity of neighbourhoods - To improve housing quality - To increase the range of housing types and tenures

These objectives were at the forefront of achieving the design quality reflected within the 2005 scheme, which underwent substantial negotiation and design alteration before it was presented to Area Board.

The site is also to the immediate south of the Longley Park Sixth Form College, which has uplifted the design quality of the vicinity.

A key feature of the previous approval was the stepping of the central element of the building allowing the proposal to create a visual feature whist ensuring both the front and rear elevations were broken up, guarding against a potential uninteresting elongated bulky elevation.

The loss of the 3 distinct elements, which the building was previously broken down into, have also reduced the impact of the corner element which formed a key part of the original scheme in providing a distinctive focus to the development, the increase in mass now deprives the building of this main feature.

Variations in the level of detail have also had a negative impact upon the building. Window detailing previously portrayed in the design have now been removed, while over elaborate use of juliet balconies within the new scheme has detracted emphasis from key window groupings.

With regard to the design of the building there has been a definite step backwards in terms of quality with the cumulative affect of distinct changes to the building’s form, layout and elevations having an unacceptable detrimental impact upon the overall design quality of the building.

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In light of this the proposal is considered to be contrary to:

- Policy H14: Conditions on Development in Housing Areas, which states new buildings will only be acceptable if they are well designed and would be in scale and character with neighbouring buildings.

- Policy BE5: Building Design and Siting, which states that new buildings should compliment the scale, form and architectural style of surrounding buildings.

- The Transform South Yorkshire Housing Market Renewal Area’s strategic objectives, which include improving housing quality.

SUMMARY AND RECOMMENDATION

Whilst the proposal offers suitable provision in terms of amenity space and parking provision its design alterations from the previously approved scheme has been a definite step backwards in terms of quality creating an unacceptable detrimental impact.

The internal alterations have also resulted in the inclusion of three gable windows in the southern elevation. These windows are located within one metre of the neighbouring property and serve habitable rooms, this relationship is not deemed to allow the future occupants suitable living conditions.

The proposal is recommended for refusal.

142

Case Number 06/02421/FUL

Application Type A Full Planning Application

Proposal Use of bank for Class A1 (shops)/Class A3 (restaurants and cafes) (Amended plan 23rd August 2006)

Location 18 Pinstone Street Sheffield S1 2HN

Date Received 21/06/2006

Team CITY CENTRE AND EAST

Applicant/Agent A A Design

Recommendation Grant Conditionally

Subject to:

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

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

2 The building shall be used for the above-mentioned purpose only between 0800 hours and 2300 hours on any day.

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

3 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.

Attention is drawn to the following justifications:

1. The decision to grant planning permission and impose any conditions has been taken having regard to the policies and proposals in the Sheffield

143 Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance.

S2 - Development of Frontages in the City Centre¿s Retail Core

Attention is drawn to the following directives:

1. The applicant is advised that the signage indicated on the submitted drawings is not approved as a part of this permission and will require separate advertisement consent. To discuss arrangements for obtaining such consent, and to request application forms, the applicant should contact the Planning Transport and Highways on Sheffield (0114) 2734215.

144 Site Location

LOCATION AND PROPOSAL

The site of the application is the former Newcastle Building Society which occupied the cellar, ground and first floor of the end unit of the building, known as Palatine Chambers, facing over the Peace Gardens and the Town Hall. There are 3 further floors of offices above the proposed use. The site is within the city Centre Conservation Area but the building is not listed although it is of considerable character.

The ground floor of the building is entirely taken up by a mix of retail uses and there is a financial institution use next door across the service road at 16 in an adjoining building. There is another café/sandwich shop at 24 and the applicant’s other pasty/sandwich shop at 42.

145 The applicants propose a mixed use operation with a café taking up the majority of the retail floor space on the ground and first floors, including space over the adjoining shop, the remainder being for food sales. The lower floor is staff and storage.

The applicants do not intend to prepare food on the site but bring it from their premises at Nursery Street. One oven is shown at the rear for baking, similar to the basis on which they cook pasties at 42. Consequently no external flue extraction system is proposed, except for the system to vent the building for normal air circulation which will be via existing grills in wall to the rear.

SUMMARY OF REPRESENTATIONS

Two letters have been received from the operators of the café sandwich shop at 24.

Their main objection is made on the basis of the loss of trade and the impact this may have on the viability of the business. This is not a planning reason.

They state also there will be a health and safety issue due to the build up of rubbish in the yard and rats and tramps going through bins.

PLANNING ASSESSMENT

Policy Issues

The site is within the Retail Core of the City Centre where food and drink outlets are an acceptable use in Policy S2 Development of Frontages in the City Centre’s Retail Core. This is a location where the acceptable uses do not over dominate the policy area to the disadvantage of the preferred Class A1 uses. The use as a mixed one is effectively more Class A1 (Shops) on the ground floor than Class A3 and would give the impression of being more shop than café with the shop counter being the most obvious. The retail sales and takeaway aspect of the use would be likely to account for most of the footfall. The seating areas shows 56 places but only 8 on the ground floor at counters against the windows.

The use is clearly a mixed one and not a café with ancillary take-way or retail sales. However it does comply in principle with the policy.

The application as amended does not now include any alterations to the exterior of the building so the design policies in Conservation Areas do not apply. The applicants are proposing to use the existing contemporary shop front which has floor to ceiling glazing on front and sides with a corner door.

Access Issues

The threshold to the entrance has already been levelled and the door is wide enough for wheel chair access. The constraints of the building make the use of the

146 upper floor impossible for wheelchair users, although the ground floor is completely level.

Venting Issues

The way the premises would be operated would indicate that venting equipment, specific to a cooking range, would not be required. Taking into consideration the buildings’ location in a conservation area and the three floors of offices above not in the applicant’s control, this would normally be a serious consideration as a substantial piece of external equipment would be required if an internal flue could not be used. The external equipment would be inappropriate in a conservation area if not out of site at the rear and then located so as not to disturb workers or potential residents. This site is particularly sensitive opposite the Town Hall.

Should the use change to a use within Classes A3-A5 and operate with a complete hot-food menu, there might be difficulty in installing the equipment.

Hours of Operation

During pre-application discussions it was indicated that the use would principally be a daytime and early evening operation, taking account of the limited menu. However, a condition limiting hours is recommended.

SUMMARY AND RECOMMENDATION

The proposed use complies with policy and since it is a café not preparing the majority of food on site, the immediate appearance of this end of the building and the appearance of the conservation area, are not compromised.

The application is therefore recommended for grant.

147

Case Number 06/02562/FUL

Application Type A Full Planning Application

Proposal Erection of a temporary building

Location Hall Of Residence Stephenson Hall Oakholme Road Sheffield S10 3DG

Date Received 06/07/2006

Team SOUTH

Applicant/Agent Department Of Estates

Recommendation Grant Conditionally

Subject to:

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

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

2 The use shall cease on or before the 18th September 2007.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

H14 - Conditions on Development in Housing Areas BE16 - Development in Conservation Areas BE17 - Design & Materials in Areas of Special Character or Historic Interest BE5 - Building Design and Siting

148 Site Location

LOCATION AND PROPOSAL

The site is within the grounds of Stephenson Hall on Oakholme Road, Endcliffe which is a Sheffield University Hall of Residence. Stephenson Hall is a large four and five storey stone and brick building, located between Oakholme Road and Westbourne Road. The proposal is to locate temporary portacabins next to the northwest corner of the Hall, at the site where it is opposite Birkdale School. Here, Stephenson Hall is a utilitarian looking brown brick and stone building with tall windows. There is an area of hardstanding that lies next to the Hall. Between this and the site boundary, which is a high stonewall, is a grassed area and a small building, which abuts the stonewall. The portacabins would be located on the hardstanding and part of the grassed area and their purpose would be to provide a

149 temporary kitchen facility during construction works. The application is for a temporary period of 12 months.

The proposal comprises three portacabins. The door from the existing dining room at Stephenson Hall leads to a short corridor 6 metres long that links to two small portacabins, each 3.4 by 2.4 metres that abut Stephenson Hall. In front of this is a longer portacabin 12.0 x 2.6 metres. They would all be single storey, grey and flat roofed.

REPRESENTATIONS

None have been received.

PLANNING ASSESSMENT

Policy

The Unitary Development Plan for Sheffield (U.D.P) indicates that the site is part of a housing policy area and also within a Conservation Area. Policy H.10 sets out uses, which are both acceptable and unacceptable in housing policy areas but there is no change in use on the site, so no land use change. Policy H.14 deals with conditions on development in housing areas and states that:

- new buildings should be well designed in scale and character with neighbouring buildings.

- there should be no overdevelopment, loss of privacy or harm caused to the neighbourhood.

- appropriate parking should be provided.

Policy BE5 Siting and Design states that temporary buildings will be permitted only where they meet short term operational needs, would not be in a prominent location or Conservation Area.

Policy BE16 deals with development in Conservation Areas and this states that development should preserve or enhance the quality of the Conservation Area.

Policy BE17 states that a high standard of design, using traditional materials and a sensitive approach, should be adopted.

It is considered that the main issue with this application is the impact on the character of the Conservation Area.

Siting, Layout and Design

Stephenson Hall is a large building that covers an extensive area along Oakholme Road and it dominates the area. The proposal in terms of scale and massing is extremely modest and would be dominated by Stephenson Hall and the large trees in the area. There is sufficient land available to accommodate the proposal, which

150 would allow adequate circulation around them. No trees or building would be affected. The design is extremely basic and functional being flat roofed with a grey, cladding exterior.

Impact on Conservation Area

The character of the Conservation Area at Oakholme Road and Westbourne Road is established by large stone villas in mature gardens with large trees.

The quality of Stephenson Hall is below that of many of the stone villas and it does not contribute as much to the Conservation Area, in visual terms, as the houses. However, it is of stone and surrounded by mature trees and stone walls.

The visual quality of the portacabins is poor and not, generally, acceptable in a Conservation Area. If this was a proposal for a permanent use, the application would be unacceptable. However, it is only for a 12-month period while works are carried out to the interior of Stephenson Hall. Also, the portacabins are screened from public view by the stone wall along Oakholme Road. They can only be seen from the access between the walls leading to Stephenson Hall.

Members should also be aware that numerous portacabins have been erected in the area, which are associated with the Student Village works. These are permitted development, for a limited period, and arguably, some of these, particularly those at Endcliffe Vale Road have a greater impact on the Conservation Area than the application at Stephenson Hall.

Consequently, when set against policy B.E.16 of the U.D.P, the detrimental impact would be limited, for a short period and no long term harm to the Conservation Area would result.

With respect to Policy BE5, the application conflicts with this in that it is in a Conservation Area. However, for the reasons stated it is considered that significant harm would not result so a recommendation for refusal would not be reasonable.

Design and External Materials

The design and quality of external materials is not acceptable in a Conservation Area but for the same reasons as stated in the preceding section of this report, there would be no long term harm, so no conflict with policy B.E.17.

Remaining Issues

There are no implications for highways and parking. The application is for a temporary kitchen replacing the existing internal facility. All movement from the portacabin will be into the main building and there will be no impact on vehicle or pedestrian movement, servicing or parking.

There is a door leading from the main portacabin onto the existing grassed area that has a level threshold.

151

SUMMARY AND RECOMMENDATION

The proposal is to erect three single storey, grey portacabins next to Stephenson Hall at Oakholme Road, Endcliffe. They would be for a temporary use of 12 months. Due to the poor quality of the design and appearance, the proposal would not be acceptable in the Conservation Area on a permanent basis. However, for a 12 month period it would be acceptable because the site is screened from public view, it would be dominated by existing development and there are numerous portacabins already in the locality associated with Student Village works.

The application is considered to be acceptable as it would not cause long term harm to the Conservation Area and is recommended for conditional approval.

152

Case Number 06/02602/FUL

Application Type A Full Planning Application

Proposal Erection of 8 flats for people with support needs and associated staff rooms

Location Site Of 408 City Road Sheffield S2 1GD

Date Received 04/07/2006

Team CITY CENTRE AND EAST

Applicant/Agent SYHA Architects

Recommendation Grant Conditionally

Subject to:

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

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

In order to ensure an appropriate quality of development.

3 Before work on site is commenced, details of a suitable means of site enclosure shall be submitted to and approved in writing by the Local Planning Authority and the flats shall not be used unless such means of site enclosure has been provided in accordance with the approved details and thereafter such means of site enclosure shall be retained.

In the interests of the amenities of the locality.

4 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 in accordance with the approved details within 1 month of the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority. When the above-mentioned landscaping has been carried out, thereafter the

153 landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced in accordance with the approved details unless otherwise authorised in writing.

In the interests of the amenities of the locality.

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

In the interests of the safety of road users.

6 Before the development is commenced, details of the proposed surfacing, layout and marking out of the car parking accommodation shall have been submitted to and approved in writing by the Local Planning Authority. The flats shall not be used unless the car parking accommodation has been provided in accordance with the approved plans and thereafter such car parking accommodation shall be retained for the sole use of the development hereby permitted.

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

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

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

8 Car parking accommodation shall be provided in accordance with the approved plans and shall not be enlarged unless approved in writing by the Local Planning Authority.

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

9 The development shall not be begun until the improvements (which expression shall include traffic control, pedestrian and cycle safety measures) to the highways listed below have either;

a) been carried out; or

154

Highway Improvements: The existing footway adjacent to the site on City Road for the length of the development should be excavated and relayed to Sheffield City Council’s specification and to the satisfaction of the Local Planning Authority.

To enable the above-mentioned highways to accommodate the increase in traffic, which, in the opinion of the Local Planning Authority, will be generated by the development.

10 The surface water discharge from the site is subject to a reduction of at least 20% compared to the existing peak flow and that the detailed proposals for surface water disposal, including calculations to demonstrate the reduction, must be submitted to and approved by the Local Planning Authority prior to the commencement of development.

In order to mitigate against the risk of flooding.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas BE5 - Building Design and Siting

Attention is drawn to the following directives:

1. It is noted that your planning application involves the construction or alteration of an access crossing to a highway maintained at public expense.

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

155 For access crossing approval you should contact the Highway Development Control Section of Sheffield City Council on Sheffield (0114) 2736136, quoting your planning permission reference number.

3. You are advised that residential occupiers of the building should be informed in writing prior to occupation that:

(a) limited/no car parking provision is available on site for occupiers of the building, (b) resident's car parking permits will not be provided by the Council for any person living in the building.

4. The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services. The 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.

156 Site Location

LOCATION AND PROPOSAL

The application site comprises of a former car repair yard with associated single storey workshop buildings, located on the western side of City Road, between two 2 storey stone built end terrace properties.

The rectangular shaped site measures approximately 45 metres long and 13 metres wide and slopes down to the south west away from the highway.

To the north east, on the opposite of City Road, is Sheffield Cemetery. To the south west, beyond the heavily planted rear site boundary, the site backs onto a playground and an adjoining green space on the periphery of the neighbouring housing estate.

157 Outline planning consent was approved in April 2004 for a residential development on the application site. Permission is now being sought for the erection of a block of 8 flats for people with support needs (Use Class C3).

RELEVANT PLANNING HISTORY

04/00972/OUT Outline consent was granted in April 2004 for a residential development.

SUMMARY OF REPRESENTATIONS

Two objections were received in connection with the proposed development. The concerns raised include:

- The development will restrict day light to the side facing dining room window and rear garden of 402 City Road. - The development, along with others in the vicinity, will have an adverse impact on the character and appearance of the area. - The occupants of neighbouring dwellings will suffer from additional noise from the development. - Increased traffic and pedestrian movements will harm road safety in the locality.

Objectors also raised a number of non-planning issues, including the fact that this is a development (‘half-way house’) for people with some support needs. However, Circular 13/87 (paragraph 26) states that planning authorities should be concerned with land use planning considerations and with the impact of a proposed development upon the environment. The identity of the user or the type of person to be accommodated by reference to age or other characteristics is not a land-use planning consideration.

PLANNING ASSESSMENT

Policy Issues

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

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

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

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

Design Issues

The proposed development comprises of a three storey stone fronted building with a slate clad pitched roof. The building is considered to reflect the scale and proportions of the adjoining terraced properties and incorporates a small front walled garden typical of neighbouring dwellings. Doors and windows are generally traditional in proportion, with the exception of a large feature window serving the staircase, which adds a welcome, contemporary element to the design and helps to form a robust yet sensitive frontage that will not detract from the character of the area.

The projecting wing adjacent the building’s south east facing elevation is set back from the main frontage and clad in pale render to give it a lighter appearance. This element of the design was originally intended to be cantilevered over the driveway. However, the scheme has had to be amended to incorporate concrete support beams and columns which, whilst not ideal in visual terms, are located far enough back into the site not to harm the overall appearance of the development.

Effect on residential amenities

The proposed development projects little beyond the mass of the neighbouring dwellings and complies with the guidelines set out in the Council’s supplementary planning guidance ‘Designing House Extensions’. As such it is considered that the proposed building will have little impact upon the amenities of the occupants of adjacent properties.

There are two ground floor dining room windows in the side elevation of number 402 City Road, to the north west of the application site. However, this room also receives light from a window in the building’s rear elevation and, as the two properties remain separated by the width of the driveway at number 402, it is considered that any loss of light is not sufficient to warrant a refusal.

Given the nature of residential accommodation proposed, occupants are unlikely to own vehicles and so parking in the building’s rear garden is restricted to four staff spaces. So few cars are unlikely to harm the enjoyment of the adjoining rear gardens and will clearly result in far fewer vehicle movements than the previous garage use.

Highway Issues

Parking for 4 vehicles is provided to the rear of the proposed flats and accessed via a driveway adjacent the south eastern site boundary. The driveway is restricted to a minimum width of 3.290 metres by the columns supporting the wing which projects from the south eastern side elevation. However, due to the restricted parking levels (to serve staff only) and confirmation that the fire service have no objection and do not require access

159 to the rear of the site, the proposals raise no highway safety concerns.

Drainage

As the development entails the discharge of surface water into a watercourse, a condition is proposed to restrict peak flow and avert capacity/flooding concerns.

Open Space Contribution

Policy H16 of the Unitary Development Plan requires developers to make a financial contribution towards the provision or enhancement of public open space within the vicinity of the application site. However, open space financial contributions which amount to less than £2000 are no longer collected from developers. The contribution in this instance was calculated at £1977.60.

SUMMARY AND RECOMMENDATION

The proposed development of 8 one bedroom flats for people with support needs raises no policy issues and will not harm the character and appearance of the area nor significantly impact upon the amenities of the occupants of neighbouring properties. Furthermore, the development is considered to be a significant improvement, in terms of the general amenities of the area, on the former vehicle repair garage which previously occupied the site.

This application is therefore recommended for approval subject to the following conditions.

160

Case Number 06/02646/FUL

Application Type A Full Planning Application

Proposal Erection of 11 dwellinghouses (As per amended plans received 22nd and 31st August 2006)

Location Working Mens Club 2 Dara Street Sheffield S9 1NY

Date Received 30/06/2006

Team CITY CENTRE AND EAST

Applicant/Agent Mr J Fielding

Recommendation GRA/GC subject to Legal Agreement

Subject to:

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

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

2 The surface water discharge is restricted to a maximum of 10 litres per second total (being a reasonable practical maximum for this site of less than 1 hectare), and detailed proposals for surface water disposal, including calculations to demonstrate the reduction, must be submitted to and approved by the Local Planning Authority prior to commencement of building.

In order to mitigate against the risk of flooding.

3 Unless otherwise agreed in writing by the Local Planning Authority no building or other obstruction shall be located over or within 4.0 (four) metres either side of the centre line of the sewer, which crosses the site.

In order to allow sufficient access for maintenance and repair work at all times.

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

To ensure satisfactory drainage arrangements.

161 5 No development shall take place until details of the proposed means of disposal of foul and surface water drainage including details of any balancing works and off-site works have been submitted to and approved by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

6 Unless otherwise agreed in writing by the Local Planning Authority there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

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

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

In order to ensure an appropriate quality of development.

8 Before development commences Woodbury Road and Dara Street shall be constructed to adoptable standards, with a 5.5metre carriageway and 2 metre footway to the site frontages. The opposite side of Woodbury Road to the development site shall incorporate a 450mm service margin (750mm) if street lighting is to be installed.

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

9 The turning area shall be provided in accordance with the approved plans and thereafter shall be retained.

In the interests of the safety of road users.

10 Before the development is commenced, details of the means of ingress and egress for vehicles engaged in the construction of the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the arrangements for restricting the vehicles to the approved ingress and egress points. Ingress and egress for such vehicles shall be obtained only at the approved points.

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

11 At all times that construction works are being carried out equipment shall be provided to the satisfaction of the Local Planning Authority for the effective cleaning of the wheels and bodies of vehicles leaving the site so as to prevent the depositing of mud and waste on the highway but before the development is commenced full details of such equipment shall have been

162 submitted to and approved by the Local Planning Authority. When the above-mentioned equipment has been provided thereafter such equipment shall be used for the sole purpose intended in all instances and be properly maintained.

In the interests of the safety of road users.

12 The development shall not be occupied until the telecommunications equipment within the site has been removed to the satisfaction of the Local Planning Authority.

In the interests of the amenities of the locality.

13 The surface water discharge is restricted to a maximum of 10 litres per second total (being a reasonable practical maximum for this site of less than 1 hectare) and the detailed proposals for surface water disposal including calculations to demonstrate the reduction must be submitted to and approved by the Local Planning Authority prior to commencement of development.

In order to mitigate against the risk of flooding.

Attention is drawn to the following justifications:

H4 - Housing for People on Low Incomes H10 - Development in Housing Areas H16 - Open Space in New Housing Developments T25 - Car Parking in Residential Areas BE5 - Building Design and Siting

Attention is drawn to the following directives:

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

You should apply for a consent to: -

Head of Transport and Highways Planning, Transport & Highways Town Hall Extension Sheffield S1 2HH

For the attention of Mr S Turner Tel: (0114) 2734383

164 Site Location

LOCATION AND PROPOSAL

The application site consists of an area of land measuring approximately 0.26 hectares, which contains the vacant Working Men’s Club, associated car parking and a telecommunications mast to the rear. It is located on the west side of Dara Street, at the junction with Woodbury Road.

The site is bounded by a corner shop and residential terraces to the south, and to the north by Woodbury Road, an unadopted highway that gives access to the rear of properties on Standon Road. To the north-west are a series of disused and overgrown allotments.

165 The application seeks full planning permission for the erection of 11, three- bedroomed dwellinghouses, comprising two storey terraces with integral garages, an attached corner house with an integral garage, and a two-storey detached dwelling with a detached garage.

PLANNING HISTORY

Planning permission was granted in 1996 for the installation of telecommunication equipment (application for determination if approval required for siting and appearance). Reference: 96/02492/FUL.

An application for planning permission for the erection of 11 dwellinghouses was withdrawn in 2006. Reference: 06/00701/FUL.

REPRESENTATIONS

There has been one representation regarding this application from the Brightside/Shiregreen Area Panel.

The panel are opposed to the application on the grounds of overdevelopment and loss of regeneration options for the Working Men’s Club.

ASSESSMENT

Policy Issues

The application site is located within a Housing Area, as defined in the UDP and therefore policies BE5, H10, H14, H16 and T25 would apply.

Policy BE5 states that ‘new buildings should complement the scale, form and architectural style of surrounding buildings.’

Policy H14 requires new buildings to be well designed and in scale and character with neighbouring buildings; new development to be well laid out and not be overdeveloped, not deprive residents of light, privacy or security and have appropriate off-street parking and not endanger pedestrians.

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

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

The site is also within the Housing Market Renewal Area. There is no requirement for affordable housing on the site, as assessed by the guidance in operation at the

166 time the application was submitted. Informal planning guidance was prepared and it is considered the proposal generally complies with the principles of the guidance.

Planning Policy Guidance 3 (PPG3) – ‘Housing’ encourages the development of new housing on previously developed sites, in preference to the development of Greenfield sites, and the development of sites that are in sustainable locations, close to existing facilities and which are acceptable by a choice of modes of transport.

Layout and Design Issues

The original layout was considered to be highway dominated. Blank gables were proposed and the development did not respond well to the main corner where Dara Street joins Woodbury Road. Several design improvements have been made to the current scheme. The detailed design is traditional in approach but incorporates contemporary features. The breaks in the building to wrap it around the corner enable windows on corners to be part of the modelling. The use of balconies and projections of the building both front and rear add interest and remove any suggestion of flat elevations. The main material is brickwork with natural dark slate roofing and painted hardwood windows. The front driveways are to be constructed from block paving.

The layout is a mix of different house types including two-storey terraces, a detached and semi-detached dwellinghouse. Houses both face the new access road and the rear of the site, giving surveillance of the public and private areas from fronts and rears.

The differences in sizes and design add interest to the appearance of the site as well as offering a variety of house types for the private market in the Housing Market Renewal Area. The designs incorporate contemporary brick and timber detailing, dormers and balconies and hardwood windows. The houses have 1.1m high walls with metal railings to the front and timber fences separating the rear gardens. As part of the development, some hard and soft landscaping would be introduced.

The existing phone mast to the North-East boundary of the site is to be removed at the applicant’s expense. The resiting of the telecommunications equipment would be the subject of a new application, which would be considered on its individual merits.

Highways

Vehicular access to the site will be achieved via Dara Street and onto the unadopted Woodbury Road. The scheme will include the improvements to Dara Street and Woodbury Road to widen and make good the dilapidated surface to an adoptable standard, which will benefit the area and its users.

The amended scheme also shows the construction of a new public footpath to link with the existing footpath at the corner of Standon Road and Dara Street, thus improving pedestrian access to and around the site.

167

With regard to parking provision, the application provides 2 off-street car parking spaces for each of the three-bedroomed properties, comprising a mixture of integral garages and driveways. The car parking provision is in line with Council guidelines for properties of the size intended.

Residential Amenities

The development has been designed so as to meet the needs of the future occupants. Windows are suitably located so as not to raise concerns about overlooking, and all houses would have an acceptable outlook. Boundary treatments ensure minimum levels of privacy are maintained and there is adequate amenity space provided to the rear of the dwellinghouses.

The relationship between the proposed dwellings and existing housing is adequate to maintain privacy and will not result in excessive overshadowing.

Mobility Housing

2 of the 11 units (22%) have been redesigned to fully meet the requirements of the Mobility Housing Supplementary Planning Guidance, which is considered to be an acceptable provision given the constraints of the site.

Drainage

The proposed development is considered acceptable, subject to appropriate drainage arrangements being put in place. Conditions have been attached.

Open Space/S106 Legal Agreement

An assessment of Open Space provision within the locality of the site has been undertaken. It demonstrates that the area has a provision of Open Space, which is above minimum guidelines, having an overall provision of 16.25 hectares per thousand population. The minimum guideline is 4.1-4.3 hectares.

In accordance with Policy H16 of the UDP, the developer is therefore required to make a contribution to the enhancement of existing open space. The location of which will need to be decided in conjunction with the Area Panel. A Unilateral Undertaking under Section 106 of the Town and Country Planning Act, 1990, needs to be signed to secure a contribution of £10,884.

RESPONSE TO REPRESENTATIONS

The redevelopment of the site to form residential accommodation would result in the removal of an eyesore and is the preferred use for the site as identified in the Unitary Development Plan. Furthermore, the redevelopment of the site will support the objectives of the Housing Market Renewal Area. Differing house types are being provided on an accessible brownfield site. No alternative proposals for the redevelopment of the vacant Working Men’s club have been put forward.

168 CONCLUSION & RECOMMENDATION

The site is located within an existing Housing Policy Area, where the proposed development for 11 dwellinghouses, is a preferred use, in accordance with Policy H10.

The proposed development is considered acceptable in design terms and would not compromise the character of the area, such that it would be injurious to the visual amenities of the locality.

Occupiers of existing residential properties within the immediate vicinity are unlikely to be adversely affected by the proposed development, Suitable and sufficient off-street car parking has been provided and there are no significant implications in terms of highway safety.

Subject to the imposition of conditions and a unilateral undertaking the proposed development is considered acceptable.

The applicants have not at the time of drafting this report submitted a Section 106 agreement and therefore the scheme does not comply with Policy H16. Since the application is acceptable in all other matters, a dual recommendation is appropriate in this case.

HEADS OF TERMS

A financial contribution in the sum of £10,884 towards the enhancement of open space within the relevant catchment area is required in accordance with Policy H16 of the adopted Unitary Development Plan and adopted SPG Open Space Provision in New Housing Development.

In the event that a satisfactory Section 106 planning obligation covering the Heads of Terms set out in the preceding paragraph is not concluded 3 days before the major application target date (29th September 2006) (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

169

Case Number 06/02669/FUL

Application Type A Full Planning Application

Proposal Use of ground floor of building for the sale of take-away hot food (A5 - hot food take-aways)

Location 612 Staniforth Road Sheffield S9 4LN

Date Received 10/07/2006

Team CITY CENTRE AND EAST

Applicant/Agent Mr Zamir Yousuf

Recommendation Grant Conditionally

Subject to:

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

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

2 The fume extraction details provided are not hereby approved and further details shall have been submitted to and approved in writing by the Local Planning Authority, this amended extraction system shall be in place before the use commences and thereafter retained in full working order.

To ensure adequate fume extraction is achieved and to protect the amenities of the locality.

3 The property shall be used for the above mentioned purpose only between 0900 hours and 2300 hours on any day.

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

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

In the interests of the amenities of the locality.

170 5 The hot food takeaway shall not be occupied unless sound insulation measures have been implemented, details of which shall have been submitted to and approved in writing by the Local Planning Authority prior to installation. Thereafter the approved sound insulation measures shall be retained.

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

Attention is drawn to the following justifications:

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

Attention is drawn to the following directives:

1. The applicant is advised that any external alteration to the building including the replacement of the exiting shutters could require planning consent and advise should be sought prior to any work commencing.

2. The applicant is advised that a separate advertisement consent will be required for any new signage on the building.

3. The applicant is advised that the revised flue extraction system should be installed in the existing chimneystack, terminate at pot level and be fitted with a low resistance cowl. The flue and associated equipment should also be fitted with anti-vibration mounts.

171 Site Location

LOCATION AND PROPOSAL

The application relates to a two-storey end terrace rendered property set within a District Shopping Centre. Number 612 currently has a ground floor D1 use with residential above, it is a building that has several unattractive additions including a large hoarding on its gable wall, a flat roofed front dormer window and solid metal shutters.

No. 612 is set within a row of seven properties, which have varying uses at ground floor. Number 610 adjoining the site is used for solely residential purposes as is 604. The majority of other ground floor uses in the immediate vicinity of the property are commercial in nature. The properties to the rear of the site fronting

172 Swale Gardens are residential including number 2 and 4, red brick bungalows set to the immediate rear.

It is proposed to change the ground floor use from D1 to A5 (Hot Food Takeaway) including the provision of associated extraction equipment.

RELEVANT PLANNING HISTORY

Use of shop for the sale of takeaway hot food was withdrawn in 1991 (91/00898/FUL).

Alterations to shop front, construction of rear dormer window, erection of rear external stairway and formation of rear doorway (00/00722/FUL)

SUMMARY OF REPRESENTATIONS

There has been one letter of representation expressing the following concerns:

- There are already enough takeaways in the locality. - The proposal will create noise disturbance.

PLANNING ASSESSMENT

Policy Issues

The application site is set within a District Shopping Centre, Policy S7: Development in District and Local Shopping Centres states that the proposal sits within the acceptable use category.

Policy S10: Conditions on Development in Shopping Areas, sets out certain parameters which development or change of use within shopping areas must be in compliance with, these are;

Development or change of use should:

- Not lead to a concentration of uses which would prejudice the dominance of preferred uses in the Area or its principal role as a Shopping Centre; and - Not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions, including air pollution, noise, other nuisance or risk to health or safety; and - Be served adequately by transport facilities and provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians.

Dominance of Use

Dominance is defined in the Unitary Development Plan as taking up over 50% of the policy area. This District Shopping Centre has 55 percent of its units currently in A1 usage and as the proposal will not alter this ratio, as it is changing from a D1 use, the proposal is in compliance the relevant policy.

173 Highway Issues

This site lies in a sustainable location in respect of ease of access from different modes of transport. However, given its nature it is likely to be used by pedestrians who have already frequented the area or by residents of surrounding properties, traffic generation will therefore be minimal.

Design Issues

The proposed location for the extraction flue on the buildings gable wall is not considered acceptable and for this and environmental reasons a further extraction system will need to be submitted before the use commences.

The applicant has confirmed that no further external alterations are to occur. A directive will accompany any consent advising that should external alterations occur in the future further planning consent would be required.

Effect on residential amenities / Environmental Issues

612 Staniforth Road has a number of residential properties in its immediate vicinity including properties fronting Swale Gardens, set to the rear of the site. The most prevalent is the upstairs flat and number’s 610 and 604 Staniforth Road.

It is noted that No. 608 Staniforth Road is used as a hot food takeaway with a historic consent gained in 1979. This existing takeaway attracts people to this row of terraced properties for a similar use and the cumulative affect of a further A5 use in this section of the District Shopping Centre it not viewed as overly detrimental. It is also noted that the premises is set well within the District Shopping Centre and residents living in such areas such expect are certain level of disamenity in terms of noise and smell from such uses.

In light of the above and managed appropriately through planning conditions, the proposal is not viewed as having an overly detrimental impact on the surrounding residential usage with opening hours limited and insulation provided to protect surrounding occupants.

The planning conditions will also require the applicant provide a bin to ensure litter issues in the area are not exasperated.

SUMMARY AND RECOMMENDATION

The proposed change from a D1 use to a hot food takeaway (A5) raises no policy concerns in this District Shopping Centre, whilst the sustainable location ensures that there are no highway issues.

Given the surrounding residential uses suitable mitigation measures will be imposed through planning conditions to ensure any impact on amenity is manageable and limited.

This application is therefore recommended for approval.

174

Case Number 06/02802/CHU

Application Type Planning Application for Change of Use

Proposal Use of first-floor of shop for Class A3 (Restaurants and Cafes) purposes

Location Units 2-4 & 6 First Floor Level Store C 31-32 Orchard Square Sheffield S1 2FB

Date Received 14/07/2006

Team CITY CENTRE AND EAST

Applicant/Agent Colman Architects

Recommendation Grant Conditionally

Subject to:

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

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

2 This development shall not be carried out in isolation and should be implemented in accordance with the scheme approved under planning reference 02/01031/FUL for the extension and alterations to Units 4 - 6 Orchard Square approved on 2nd July 2002, and the scheme approved under planning reference 05/04236/FUL for the alterations and extensions to shop units 2 - 3 and repairs to areas in front approved on 10th April 2006, unless otherwise agreed and approved in writing by the Local Planning Authority.

The carrying out of this development in isolation would result in unacceptable piecemeal development detrimental to ease of access and facilities for disabled persons at all time and the visual amenities of the locality.

3 The café shall not be used for the purpose hereby permitted unless suitable apparatus for the arrestment and discharge of fumes or gases has 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.

175 In the interests of the amenities of the locality and occupiers of adjoining properties.

4 The cafe shall be used for the above-mentioned purpose only between 0700 hours and 2330 hours, Mondays to Saturdays, and 0700 hours and 2300 hours on Sundays and Public Holidays.

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

5 Notwithstanding the terms of the Town and Country Planning (Use Classes) Order 1987, or any statutory instrument revoking and re-enacting that Order, the café/restaurant shall be used solely for the use hereby permitted and shall not be used for any other purpose within Class A3.

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

Attention is drawn to the following justifications:

S3 - Development In The Central Shopping Area BE15 - Areas and Buildings of Special Architectural or Historic Interest BE16 - Development In Conservation Areas BE17 - Design and Materials in Areas of Special Architectural or Historic Interest

Attention is drawn to the following directives:

1. The applicant is advised that any new signage or external alterations would require separate advertisement and full planning consent respectively.

176 Site Location

LOCATION AND PROPOSAL

The application site is located in the south-eastern corner of the Orchard Square shopping centre, within the Fargate Area of the Central Shopping Area and the City Centre Conservation Area. Excluding entrance points, Orchard Square is enclosed on all boundaries and contains a variety of A1 – A5 uses ranging from well-known high-street names to smaller independent businesses (e.g. arts and crafts, record shops etc.). The buildings range from 2 – 4 storeys high.

This application proposes to change the use of the existing shop unit for Class A3 (restaurants and cafes) purposes. The existing shop unit (Store C) contains Evans’ Ladieswear which, as observed from the Case Officer’s site visit, appears to be currently closed to the public.

177

This application site is at first floor level and accessed via a walkway which, in turn, is accessed via several staircases within Orchard Square. The units to the immediate north of the application site contain a record shop and craft market. The Unit to the immediate south (Unit 6) is currently empty (at first floor), however an application to convert its ground and first floor into a café was approved in July 2002 (02/01031/FUL – see ‘Planning History’ below).

RELEVANT PLANNING HISTORY

There is extensive planning history for the Orchard Square shopping centre. The most relevant applications relate to proposed alterations to the south-eastern corner of the shopping centre and are discussed below.

Permission was approved in July 2002 (Application Number: 02/01031/FUL) to extend and alter shop units for Classes A1 (retail) and A3 (restaurants and cafes) purposes. The works comprised a single storey front extension to 3 existing groundfloor retail units, and the change of use of one of the smaller units, currently occupied by Outrage shoes, to a café (use class A3). Additionally, a café terrace was approved on the roof of the extension as well as a replacement external access to allow access from the first floor walkway to the groundfloor of Orchard Square.

An application was approved in July 2005 (Application Number: 05/04236/FUL), which constitutes an extension to the above application (02/01031/FUL). The proposal included the extension of the three adjacent ground floor units, and the first floor terraced area. The proposal also incorporates alterations to meet DDA requirements for the shops to be incorporated into the previously approved schemes including the repaving of the areas to the front of the units.

SUMMARY OF REPRESENTATIONS

There have been no representations regarding this application.

PLANNING ASSESSMENT

Policy Issues

The application site lies within the Retail Core of the Central Shopping Area. The proposal affects a first floor unit and therefore a change of use would not be contrary to Policy S2 or Policy S10 as both policies predominantly relate to the development of ground floor frontages in retail areas (i.e. the city centre’s Retail Core).

Policy S3 is relevant to this assessment as it applies to development in the Central Shopping Area other than at ground floor level and states that a preferred use will include Food and Drink Outlets (A3). The application is for A3 use (Restaurants and Cafes) and is therefore consistent with Policy S3.

178 While Orchard Square lies within the Retail Core Shopping Area, it is situated off the main shopping thoroughfare. Consequently, the upper floor units have never traded very successfully as shops. With the closure of the Square’s Food Court (now TK Maxx) some years ago, there is much less A3 use in this area than originally planned. Furthermore, the current major shopping investment in Fargate and the New Retail Quarter is noted as a major source of shops in the city centre and therefore the loss of this unit would not be significant. By virtue of the above, the Council’s Forward and Area Planning section and City Development Division raise no objection to the application.

The application site lies within the City Centre Conservation Area. As such, a principle issue to consider is the impact of the development on the character and appearance of the Conservation Area. Policy BE16 of the UDP relates to development in Conservation Areas and advises that permission will only be granted for development that would preserve or enhance the character or appearance of the Conservation Area. Policy BE15 confirms that development that would harm the character or appearance of a Conservation Area will not be permitted. Additionally, Policy BE17 advises that a high standard of design using traditional materials and a sensitive and flexible approach to alterations and extensions to buildings in Conservation Areas will be expected. These UDP policies reflect advice contained within PPG15: Planning and the Historic Environment.

The Council’s Urban Design and Conservation Team have stated that they do not wish to comment on the proposed use. The main alterations to the building, that would have the greatest impact on the special character and appearance of the building, have been previously established under previous applications (see ‘Planning History’). The proposal is therefore considered acceptable and concluded to be in accordance with Policy BE15, BE16 and BE17 of the UDP.

Highway Issues

The proposed development raises no highway implications and is thus considered acceptable in such terms.

Design Issues

This application proposes a change of use. There are no external alterations or extensions proposed as part of this application as they have previously been approved under previous applications (see ‘Planning History’), whereby the proposed external works were considered to be smart and sympathetic additions to the Orchard Square Shopping Area.

The main internal alteration comprises the removal of an internal wall between Store C (application unit) and Unit 6 (existing A3 permission approved under 02/01031/FUL) in order to create a large café unit.

By virtue of the above, and the imposition of relevant conditions, it is concluded that the proposed development raises no design issues.

179 Access Issues

It is considered that the access arrangements relating to the units positioned in the south-eastern corner of Orchard Square have previously been established under previous planning applications (see ‘Planning History’). Furthermore, conditions are attached to these approvals to ensure ease of access and facilities for disabled persons at all times.

An email has been received from the applicant’s agent confirming that it is their intention to provide pedestrian access (lift and stairs) to the proposed A3 space via the groundfloor of Unit 6. Although currently let to outrage shoes, the agent has also confirmed that the groundfloor of Unit 6 shall be transformed into the groundfloor element of the large A3 restaurant and café proposed at this location.

By virtue of the above, it is concluded that the proposed development raises no significant access issues. The Council’s Access Officer has verbally confirmed that there is no objection to the proposal, subject to a condition ensuring that the proposed works shall not be carried in isolation but in accordance with the scheme approved under applications 02/01031/FUL and 05/04236/FUL. This condition should be attached to any approval.

SUMMARY AND RECOMMENDATION

The proposed change of use from shop (A1) to a café (A3) raises no policy concerns in this location. Given the nature of the proposal there are no design issues. Furthermore, the relationship between proposal and use offer no concerns from a conservation, highway and access perspective.

It is concluded for the reasons outlined above that the proposal complies with Policies BE15, BE16, BE17 and S3 of the Sheffield UDP. The application is therefore recommended for approval, subject to conditions.

180

Case Number 06/02803/FUL

Application Type A Full Planning Application

Proposal Erection of 13No. student apartments (65 bedrooms) in a 5/7storey block fronting Kenyon Street and 25No. private flats in a 3/4 storey block and a courtyard fronting Solly Street (As per amended plans 17th August and 1 September 2006)

Location Site Of 186, 188, 192, 196 And Printing House Solly Street Sheffield S1 4BB

Date Received 24/07/2006

Team CITY CENTRE AND EAST

Applicant/Agent David Chapman Associates

Recommendation Grant Conditionally Legal Agreement

Subject to:

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

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

2 Before the student element (fronting Kenyon Street) of the hereby approved scheme is occupied the private residential element (fronting Solly Street) of the hereby approved scheme shall be constructed and ready for occupation.

In the interest of the goals set out within the St Vincent's Action plan.

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

In order to ensure an appropriate quality of development.

A sample panel of the proposed masonry shall be erected on the site and shall illustrate the colour, texture, bedding and bonding of masonry and

181 mortar finish to be used. The sample panel shall be approved in writing by the Local Planning Authority prior to the commencement of the building works and shall be retained for verification purposes until the completion of such works.

5 Large scale details, including materials and finishes, at a minimum of 1:20 scale of the items listed below shall be approved in writing by the Local planning Authority before the commencement of development:

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

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

In order to ensure an appropriate quality of development.

In the interests of the amenities of the locality.

7 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 the prior written approval of the Local Planning Authority.

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

8 At all times that 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

182 commenced full details of such equipment shall have been submitted to and approved by the Local Planning Authority. When the above-mentioned equipment has been provided thereafter such equipment shall be used for the sole purpose intended in all instances and be properly maintained.

In the interests of the safety of road users.

9 The building shall not be occupied unless the cycle parking and bin storage facilities as shown on the approved plans have been provided in accordance with those plans and, thereafter, such facilities shall be retained.

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

10 Prior to the occupation of any unit, details of the external footway resurfacing works to Solly Street & Kenyon Street, including materials to be used, shall have been submitted to and approved in writing by the local planning authority and the said works completed in accordance with these details.

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

11 Prior to the occupation of any unit, the developer shall submit, and receive written approval from the Local Planning Authority, a travel plan linking this proposal with the wider scheme (phase one & two).

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

12 Before the development is commenced, full details of proposals for the inclusion of public art within the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall then be implemented prior to the occupation of the development unless otherwise authorised in writing by the Local Planning Authority.

In order to satisfy the requirements of Policy BE12 of the Unitary Development Plan and to ensure that the quality of the built environment is enhanced.

13 The building shall not be used unless a level threshold has been provided to both the Kenyon Street and Solly Street entrances thereto in accordance with details to be submitted to and approved in writing by the Local Planning Authority and thereafter such level threshold shall be retained.

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

14 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

183 that has been submitted to, and approved in writing by the Local Planning Authority.

In order to mitigate against the risk of flooding.

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

In the interests of satisfactory and sustainable drainage.

To ensure that the development can be properly drained.

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

19 The development shall not be used for the purposes hereby permitted unless the scheme of sound attenuation works described in the attached specification for the glazing and ventilation of the Noise Report dated September 2005 produced by Hepworth Acoustics has been carried out as specified in the Report and such works shall thereafter be retained.

These works shall be capable of achieving the following design criteria:

Inside Bedrooms: LAeq15min not exceeding 35dB (2300 to 0700 hours)

Inside Living Rooms: LAeq15min not exceeding 45dB (0700 to 2300 hours)

184 Outdoor Areas / Balconies: LAeq1 hour not exceeding 55dB (0700 to 2300 hours)

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

20 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 the proposed dwellings.

21 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:

Be carried out in accordance with an approved method statement 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 A before the use is commenced and shall thereafter be retained.

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

22 Before the development is commenced a Phase 1 and Phase 2 Risk Assessment, to characterise the contamination on site and propose a remediation scheme to ensure safe redevelopment, shall have been submitted to and approved in writing by the Local Planning Authority. Should any previously unsuspected contamination be encountered during the development, the Local Planning Authority shall be notified within one working day of its discovery, together with any proposed amendments to the proposed remediation scheme. The development shall then be carried out in accordance with the approved scheme and the applicant shall provide written verification that the remediation has been completed as approved, within 21 days of the approved scheme being completed.

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

185 23 Before development commences full details including a sectional diagram and gradients of the access ramp into the Kenyon Street entrance shall have been submitted to and approved in writing by the Local Planning Authority this ramp shall be in place before the Kenyon Street element of the development is occupied.

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

Attention is drawn to the following justifications:

IB5 - Development in General Industry Areas IB9 - Conditions on Development in Industry and Business Areas IB11 - Housing & Residential Institutions in Industry & Business Areas BE5 - Building Design and Siting BE16 - Development in Conservation Areas St Vincent's Action Plan

Attention is drawn to the following directives:

You should apply for a consent to:-

Head of Transport and Highways Planning, Transport & Highways Howden House 1 Union Street Sheffield S1 2SH

186 For the attention of Mr S A Turner Tel: (0114) 2736133

4. You are advised that residential occupiers of the building should be informed in writing prior to occupation that:

limited/no car parking provision is available on site for occupiers of the building, resident's car parking permits will not be provided by the Council for any person living in the building.

Site Location

187

CONTEXT OF APPLICATION

This application forms the final phase of a three-phased residential development for a wider site:

Phase one was approved on 14 March 2006 (05/04271/FUL), for the construction of 18 student apartments, total of 91 bedrooms in a four-storey block. The phase one site is to the immediate southwest of the application site fronting Solly Street.

Phase two is being presented to Area Board with this application and is to front Edward Street/Kenyon Street, consisting of a large student scheme a public house and convenience store and the renovation of a Grade Two Listed Building.

The third phase is discussed within the following report.

LOCATION AND PROPOSAL

The application site is currently occupied by an unspectacular single storey pitched roofed building, used at present for light industry. The site is set within the Well Meadow Conservation Area.

Adjoining the site to the southwest is a recently cleared section of land, which will accommodate phase one of this three-phased development (05/04271/FUL). Set further to the southwest and adjoining the future phase one development is a grade two-listed building erected in the late 1800’s and originally used as a cutlery and silverwork workshop. This listed building is three storeys in height with a pitched roof and constructed with red brick, the most prominent building material in this location.

To the northeast of the site, on the junction of Solly Street and Kenyon Street is the Red House Public House, which although not listed is still a building of note in the locality, it is two storeys in height with a white rendered façade.

The immediate vicinity’s further buildings of significance that front Solly Street are four/five stories in height and are erected in predominantly red brick, Provincial House to the south is the most notable of these.

188 Land beyond the site’s rear boundary falls away steeply and is supported by a high retaining wall.

It is proposed to erect 13No. student apartments (65 bedrooms) in a 5/7storey block fronting Kenyon Street and 25No. private flats in a 3/4-storey block fronting Solly Street, both blocks will have external amenity space in the form of courtyards.

RELEVANT PLANNING HISTORY

Please refer to context of application above.

SUMMARY OF REPRESENTATIONS

Five letters of a similar format have been received expressing no objection to the application.

PLANNING ASSESSMENT

Policy Issues

Policy BE16 also states that buildings, which make a positive contribution to the character or appearance of a Conservation Area, will be retained.

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

189

St. Vincent’s Action Plan

This inner city area, known as St. Vincent’s, is coming under increasing pressure for new development, which in some cases has raised conflicts with existing UDP policy. Evidence also suggests that the area’s role as a home for manufacturing businesses is declining.

Tenure

As the proposal is part of a phased development it was is felt that a significant proportion (30%) of apartments throughout the 3 phases should be for private/owner occupied or social. A consideration for this was the current approval for large elements of the entire site for solely student accommodation.

Phase one comprised of 18 student apartments Phase two proposes 34 student apartments Phase Three proposes 13 student apartments and 25 private apartments

Given these figures the proposed percentage of private apartments is 27.8 percent. It is acknowledged that this fails to hit the target of 30% however this has been the result of height restrictions imposed on the developer to the Solly Street frontage,

190 of which the developer has been extremely cooperative. In light of this the overall provision of mixed tenure in the form private/student apartments is deemed as being in keeping with the spirit of the St Vincent’s Action Plan.

A condition to ensure the delivery of the private apartments will be linked between phase two and three so that phase two cannot be occupied until the private elements of phase three are in place.

Conservation Area Consent for Demolition

The building to be demolished is a relatively unattractive predominantly brick built building that offers little to the character of the conservation area, indeed its removal and replacement with a contemporary building of suitable design will enhance the character of the area.

Design Issues

Solly Street/Private Accommodation

It was felt that rather than create a replica of the pitched roofed buildings in the area, the site offered the potential for a contemporary building that sat comfortably within its surroundings and complemented the approach taken for phase one of this development, whilst expressing its own independence in terms of design detail.

The scheme has been reduced by a storey from the original submission allowing the scale and massing to be extremely respectful of the existing built form of this Solly Street frontage. The northern section of the elevation is three storeys and sits at the same height as the Red House Public House. The form of the building then steps steadily along Solly Street until it reaches the Phase One development. The steps allow for an important vertical emphasis to be retained, reduce the bulk of this elevation and respond to the topography of the site.

The proposal is to be finished primarily in red brick, the dominant material in the area. The proposal is also to encompass elements of varying materials reflective of the industrial character of the area.

There is an entrance feature central to the scheme that rises above the brick elements of the elevation, this along with the recessed balconies and variations of glazing, in terms of size and detail, ensures that this elevation has a significant degree of welcome visual interest that adds positively to the Well Meadow Conservation Area.

Kenyon Street/Student Accommodation

The student accommodation presents a scale and massing fronting Kenyon Street that, as with the Solly Street frontage, has been reduced through negotiation with the applicants. The eastern half of the elevation is set below the ridge of the Red House while the western half of the building steps down again from this height ensuring the topography of the land is addressed.

191

The scale and massing must also be read in conjunction with the phase two scheme which is also under assessment at this Area Board. The phase two development will be set a floor above Phase Three allowing a gradual stepping of this building to what is viewed as the key corner of Edward Street and Kenyon Street, were a strong architectural statement is to be made and the scheme is to reach its highest point. In these respects the scale and massing of phase three presents an appropriate relationship with the relevant elements of the phase two development and the Red House.

Phase three also proposes to have an additional two storeys set back from the Kenyon Street frontage on its western block. Given this set back the additional storeys are not going to be significantly visible from the surrounding locality given the topography of the land, narrow nature of the streets and other built form, including phase two, upon its completion.

The detail of the student element of the scheme offers a variation in design that is welcome in this location, which has seen many schemes that use similar architectural approaches to detailing buildings, particularly student blocks. The full length glazed windows and the central feature with enclosed balconies shows a bold and forward thinking design approach that will hopefully act as a catalyst for encouraging variation in such developments.

Materials are to be conditioned so that the applicant is aware that natural materials are only to be accepted in this conservation area location, whilst 1:20 detailed plans, highlighting the quality of the finish, will also be submitted and approved before development commences, ensuring the best quality of design and finish.

Effect on residential amenities

It is acknowledged that the proposed external amenity space is relatively small considering the level of accommodation proposed, however, given the city centre location of the scheme this provision is not considered to be so poor to resist the proposal on this basis.

Noise and Land Contamination reports have been submitted with the application and it is considered that suitable residential amenity can be provided thorough the imposition of conditions.

Highway Issues

There is no parking provided on the site. The proposed development does not give rise to any significant highway concerns due to its sustainable city centre location. The applicant has agreed to pay £4,350 towards off site lighting and footway improvements. In addition, the footway adjoining the site will be re-surfaced in line with the materials palette identified in the Urban Design Compendium.

Archaeology.

192 A suitable condition will be attached to this application to ensure the archaeological interests of the site are protected or recorded.

Open Space Provision

The Open Space Assessment for the area surrounding the site has confirmed that there is an under provision of recreation space within the area to meet the needs of people living there. The applicant has agreed to make a contribution to the enhancement of open space within the vicinity of the site, in accordance with the requirements of Policy H16 of the UDP and the City Centre Living Strategy. The sum of £64,266 is to be contributed, with potential for an element of this to be put into the Impact Square scheme, to be undertaken by the applicant, should this scheme come to fruition.

Warden Scheme

Advertisement of Application

Although the Local Planning Authority advertised this application in the press and placed site notices in the appropriate locations, it failed up until 1 September 2006 to advertise the application as a being contrary to the Unitary Development Plan. As such on 1 September 2006 the relevant site notices were put in place and steps taken to advertise the application in the press as a departure, the statutory period for this publicity ends on 21 September 2006.

Should representations as a result of this new publicity be received before Area Board on 18 September 2006 they will be conveyed at this meeting. It is therefore requested that members be minded to grant the application subject to no objections being received between this Area Board meeting and the time when the statutory consultation period lapses, that being 22 September 2006, then on 22 September 2006 a decision notice can be issued. Should a representation be made in this period then the application will be re-presented at the earliest possible Board Meeting for further deliberation.

SUMMARY AND RECOMMENDATION

193 The proposal offers two contemporary buildings that add vitality to the Well Meadow Conservation Area whilst offering suitable living conditions for the residents and protecting the existing amenity enjoyed by surrounding uses.

The proposal is therefore recommended for approval, subject to no further objections being received by 22.09.06.

Heads of Terms

A sum of £64,266 shall be paid to the Council towards the enhancement of open space within the catchment area of the site. A sum of £4,350 shall be paid for off building lighting and footpath improvements. A sum of £7,600 towards the warden scheme for the area is also to be paid.

194

Case Number 06/02826/CAC

Application Type Conservation Area Consent Application

Proposal Demolition of single-storey workshop buildings

Location Site Of 186, 188, 192, 196 And Printing House Solly Street Sheffield S1 4BB

Date Received 29/07/2006

Team CITY CENTRE AND EAST

Applicant/Agent David Chapman Associates

Recommendation Grant Conditionally

Subject to:

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

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

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

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

Attention is drawn to the following justifications:

195 St Vincent's Action Plan

Site Location

For report see application number 06/02803/FUL

196

Case Number 06/02989/FUL

Application Type A Full Planning Application

Proposal Retention of a bay window and door

Location 32 Grange Crescent Sheffield S11 8AY

Date Received 28/07/2006

Team SOUTH

Applicant/Agent M Maroof

Recommendation Refuse with Enforcement Action

Subject to:

1 The Local Planning Authority considers that owing to the inappropriateness of the material and the poor quality of detailing the retention of the UPVC windows would result in an unacceptable loss of character to the Nether Edge Conservation Area, and as such would be contrary to Policies BE5, BE15 and BE17 of the Unitary Development Plan for Sheffield.

Attention is drawn to the following directives:

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

197 Site Location

LOCATION AND PROPOSAL

The application relates to a traditional two storey, brick built semi-detached dwelling house. The property is located within the Nether Edge Conservation Area and a Housing Area as designated in the adopted Unitary Development plan. The property is also within the area covered by the Article 4(2) Direction, which effectively removes Permitted Development rights for a number of dwellings within the Conservation Area, in relation to minor works to those properties.

The application seeks permission for the retention of UPVC glazed windows, which have been installed to the property, permission was not sought for the installation of the windows.

198 RELEVANT PLANNING HISTORY

There is no relevant property history to the property.

SUMMARY OF REPRESENTATIONS

There have been no representations regarding this application.

PLANNING ASSESSMENT

Policy

Policy BE5 of the adopted Unitary Development Plan states that,

“ Good design and the use of good quality materials will be expected in all new and refurbished buildings and extensions c) All extensions should respect the scale, form, detail and materials of the original building”

Policy BE15 states that,

“ Development which would harm the character or appearance of Listed buildings, Conservation Areas or Areas of Special Character will not be permitted”

Policy BE17 states,

“ In Conservation Areas and Areas of Special Character high standard of design using traditional materials ….will be expected for ..alterations and extensions to existing buildings.”

The retention of the UPVC windows, which have been installed in the subject property would not preserve or enhance the character or appearance of the Conservation Area. The UPVC windows are brown, woodstain effect windows. UPVC does not reflect the traditional detailing of the timber windows, nor is it a traditional material within the Conservation Area. The character of the Nether Edge Conservation Area is timber doors and windows with traditional detailing. The application is therefore contrary to Policies BE5, BE15 and BE17 of the adopted Unitary Development Plan.

The door and infill to the porch area is timber in construction and is considered to be acceptable and does not undermine the character of the Conservation Area, and this part of the installation is considered acceptable.

SUMMARY AND RECOMMENDATION

The application for the retention of UPVC windows would result in an unacceptable loss of character to the Nether Edge Conservation Area, and would be contrary to Policy BE5, BE15 and BE17 of the adopted Unitary Development Plan.

199 It is for the above reasons that this application is recommended for refusal and that the Assistant Chief Executive Legal and Governance be authorised to take all necessary steps, including enforcement action and the institution of legal proceedings, to secure the removal of the UPVC windows. Any subsequent replacement windows would by virtue of the Article 4(2) Direction require Planning Permission.

200