Planning Applications Numbered

SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate

REPORT TO CITY CENTRE SOUTH DATE 29/01/2007 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 Lucy Bond TEL NO: 0114 2734556 Chris Heeley 0114 2736329

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

Application No. Location Page No.

06/02316/FUL Office World 1 Eyre Street 7 Sheffield S1 4QW

06/02708/FUL Ecclesall Lawn Tennis Club Carter Knowle Road 25 Sheffield S7 2DX

06/03060/ADV 19-23 Clifton Street Sheffield 31 S9 2DQ

06/03148/FUL Grange Farm Norton Avenue 35 Sheffield (Named The Hayloft,The Dairy, The Cruck Barn, The Farmhouse, The Stables, Hereward's Road, S14)

06/03151/LBC Grange Farm Norton Avenue 48 Sheffield (Named The Hayloft,The Dairy, The Cruck Barn, The Farmhouse, The Stables, Hereward's Road, S14)

06/03986/FUL Land Adjoining And Rear Of 136 Albert Road 53 Sheffield

06/04110/RG3 Devonshire Green Devonshire Street 62 Sheffield

06/04145/FUL Site Of 85 To 125 The Moor, 7-19 Cumberland Street, 6 Cumberland Way, 166 Eyre Street And 70 2 To 14 Earl Street Sheffield

3 S1 4PG

06/04146/HDZ Castle Waste Services Limited Arden Works 102 Bacon Lane Sheffield S9 3NH

06/04147/FUL Site Of 9-33 Earl Street, 150-156 Eyre Street, 'SWAG' Warehouse, Earl Way/Union Lane 107 Sheffield S1 4PY

06/04211/FUL Sports Ground Bawtry Road 125 Sheffield

06/04304/CHU Ground Floor Unit Coode 130 7 Millsands Sheffield S3 8NR

06/04333/FUL Kelham Island Sheffield 135 S3 8RY

06/04588/FUL First Floor Brook House 557 Ecclesall Road 143 Sheffield S11 8PR

06/04609/FUL 30 Bingham Park Crescent Sheffield 156 S11 7BH

06/04614/CAC Office World 1 Eyre Street 160 Sheffield S1 4QW

06/04642/FUL 16-26 Blenheim Mews Ecclesall Road South 164 Sheffield (1-30 Exc 13 Blenheim Mews)

4 06/04682/FUL 279A Fulwood Road Sheffield 170 S10 3BD

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: 29/01/2007

LIST OF PLANNING APPLICATIONS FOR DECISION OR INFORMATION

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

Case Number 06/02316/FUL

Application Type A Full Planning Application

Proposal Erection of a part 6, part 9 and part 17 storey office block (Use Class B1) and a hotel (Use Class C1) in a part 6, part 10 storey block including café/bar (Use Class A3/A4) at ground and lower-ground floor with basement car parking (amended scheme)

Location Office World 1 Eyre Street Sheffield S1 4QW

Date Received 19/06/2006

Team CITY CENTRE AND EAST

Applicant/Agent Urban Innovations

Recommendation GRA/GC subject to Legal Agreement

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

3 A sample panel of the proposed masonry (brick and stone cladding) 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 Large scale details at a minimum of 1:20 of the items listed below shall shall be approved in writing by the Local Planning Authority before the commencement of development:

Windows Window and brickwork reveals Doors Eaves and verges Plinths External wall construction Brickwork detailing Safety railings Entrance canopies Vents Glass joins to include details of the corner-to-corner glass Rainwater goods Details of all external lighting to include methods of fixing to the building

The details shall include a section drawing at a scale of 1:20 of each elevation(s) where there is a change in material.

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

In order to ensure an appropriate quality of development.

5 The development 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, full details of suitable and sufficient cycle parking accommodation within the site shall have been submitted to

8 and approved in writing by the Local Planning Authority and the 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.

7 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.

8 Prior to the commencement of development, further details of the allocation of spaces within the basement car park in respect of the hotel and office uses shall be submitted to and approved in writing by the Local Planning Authority. The car park shall then be managed in accordance with the approved details and thereafter retained.

To ensure an appropriate balance in the provision of parking accommodation in accordance with Policy T21 of the Adopted UDP.

9 Before any work on site is commenced, a landscape scheme for the internal courtyard/atrium shall have been submitted to and approved by the Local Planning Authority to include details of access to this space. 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

9 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 Notwithstanding the terms of the Town and Country Planning (Use Classes) Order 1987, or any statutory instrument revoking and re-enacting that Order, the lower ground floor leisure space shall be used solely for the purpose of indoor sport and leisure use and for no other purpose within Use Class D2 (assembly and leisure) without the prior written approval of the Local Planning Authority.

To ensure an appropriate ancillary facility to the main use of the building and in accordance with Policy IB6 of the Adopted UDP.

11 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) the café/bar/restaurant areas indicated at ground and lower ground floors shall only be used in accordance with Classes A3 or A4 of the Town and Country Planning (Uses classes) Order 1987 (as amended) unless otherwise approved by the Local Planning Authority.

In order to define the permission.

12 Prior to the use of the development commencing, all approved apparatus for the arrestment and discharge of fumes or gases detailed in the plans, which forms part of a scheme to protect the occupiers of adjacent dwellings from odour, shall have been installed. 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.

13 Before work on site is commenced, full details of suitable access and facilities for people with disabilities, both to and within the development and also within the curtilage of the site, shall have been submitted to and approved in writing by the Local Planning Authority and the development shall not be used unless such access and facilities have been provided in accordance with the approved plans. Thereafter such access and facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).

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

14 Prior to the commencement of development a signage strategy shall be submitted to include the location and type of signage to be required and the proposed method of fixing to the building. The signage strategy shall be implemented in accordance with the approved details and thereafter retained.

In order to ensure an appropriate quality of development.

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

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

16 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.

17 The developer shall give a minimum of 21 days notice of the commencement of any work on site to the Local Planning Authority and the South Yorkshire Archaeology Service (Development Services, Howden House, 1 Union Street, Sheffield, S1 2SH tel. 0114 2736428 / 6345). Thereafter, the developer shall afford access at all reasonable times to the staff of the SYAS or such suitably qualified person(s) nominated by them, in order that any works involving ground disturbance or the alteration of building(s) can be observed and any features or finds of archaeological interest recorded.

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

18 Prior to the commencement of development, further details of the method and programme of implementation of the range of sustainable measures outlined in the applicants Energy and Sustainability Report shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved measures and thereafter retained.

To encourage the conservation of energy and other natural resources in accordance with Policy BE5 of the Adopted Unitary Development Plan.

19 Prior to the commencement of development, further details of the provision of Green Roofs within the development shall be submitted to and approved in writing by the Local Planning Authority. Details shall include the extent of cover and type of Green Roof and the proposed maintenance regime. They shall be implemented as approved prior to the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority.

To encourage the conservation of energy and other natural resources in accordance with Policy BE5 of the Adopted Unitary Development Plan.

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

To ensure satisfactory drainage arrangements.

21 Before the development is brought into use, or in accordance with a timescale to be agreed by the Local Planning Authority, the footway adjoining the site shall be resurfaced in accordance with the secondary palette of materials as set out in the Urban Design Compendium in accordance with details to be submitted to the Local Planning Authority prior to the commencement of development.

In the interests of the locality and to meet the objectives of the Urban Design Compendium and Policy BE5 of the Adopted Unitary Development Plan.

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.

IB6 - Development in Fringe Industry and Business Areas IB9 - Conditions on Development in Industry and Business Areas BE5 - Building Design and Siting BE15 - Areas and Buildings of Special Architectural and Historic Interest BE16 - Development in Conservation Areas BE17 - Design & Materials in Areas of Special Character or Historic Interest

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

12 Attention is drawn to the following directives:

1. The applicant is advised to note the contents of the consultation response letter from Yorkshire Water dated 25th July 2006 in respect of water supply and wastewater.

Site Location

LOCATION AND PROPOSAL

The application site is prominently located on the Furnival Square roundabout and was previously occupied by Officeworld. It is a large 960 square metre non-food retail ‘shed’ that has been vacant for some time. The site is bounded on all sides by roads with Eyre Street to the north, Eyre Lane to the south, Duke Lane to the West and Furnival Street to the east.

13 The existing building occupies approximately one-third of the site, fronting Eyre Lane, with the remaining area to the rear providing a hard-surfaced car park with a number of trees on the boundary to Eyre Lane. Vehicular access to the site is currently achieved from Eyre Lane. The site slopes from north to south with a change in level of approximately 1 metre from Eyre Street to Eyre Lane.

The surrounding area is mixed in character with predominantly commercial premises in the locality along Eyre Lane as well as a number of new mixed-use developments in the locality. Opposite the site on Eyre Lane is a three-storey brick built commercial Furnival Works building (occupied by Jennic) adjacent to which is Challenge Works, which has planning permission for its alteration and extension to a 4/5 storey building to form office use with student flats above. To the northeast of the site, on the opposite side of Furnival Street is the former Sterling Works for which permission was granted in 2005 (04/04256/FUL) for the erection of 68 apartments in a 7-storey (top floor set back) block. To the south, on the corner of Eyre Lane and Matilda Street is Gatecrasher nightclub, a modern two to three storey metal clad building.

The Officeworld site falls within the Cultural Industries Quarter (CIQ), as defined in the Urban Design Compendium. It also lies within the CIQ Conservation Area.

This is a full planning application proposing the demolition of the existing Officeworld building and its redevelopment to provide a mixed-use building comprising 14,218 square metres of office space, a 250-bedroom hotel (11,318 square metres), 450 square metres of leisure space (Use Class D2), 200 square metres of café/restaurant use (Use Class A3) and plant accommodation. There are two distinct elements to the proposal:

- The tower fronting Furnival Square, which is designed as a landmark feature and extends to 17 floors to Eyre Street; this accommodates the principle office space; - A lower building wrapping around the tower that extends to 10 storeys (hotel floors) fronting Eyre Street dropping to seven around the remainder of the building to Duke Lane and Eyre Lane with the top two floors glazed and set back by at least 3 metres from the street façade. This element incorporates the hotel to Eyre Lane, Duke Street and part of Eyre Street with additional office accommodation to the remainder of the building on Eyre Lane.

At ground floor level fronting Eyre Street and Duke Lane is the hotel restaurant/café and the hotel entrance. The office entrance is accessed from Furnival Square. An atrium/courtyard is also provided within the core of the block to provide an outdoor space in connection with the hotel as well as providing an additional light source for accommodation within the block. Due to the change in levels across the site, a further café is proposed at lower ground floor level at the corner of Eyre Lane/Furnival Street with the remaining lower ground floor area to be used as meeting space in connection with the hotel use, leisure space and to accommodate some plant. At basement level, a 94-space car park is proposed with access from Eyre Lane.

14 Architecturally, the proposed development is modern in approach. The tower has been designed to respond to Furnival Square to which it presents a high quality fully glazed central lozenge that is flanked by two stone vertical elements that ensure the tower is visually grounded onto Eyre Lane and Furnival Street. The glazed tower incorporates coloured glazed look-a-like ceramic panels with pressed metal channels to break-up the expanse of glass and provide visual interest to this significant elevation. Importantly, the glazing incorporates openable windows.

Fronting Eyre Street, the architecture has evolved to deliver a visual separation between the office and the hotel. A stone clad vertical bay with punched windows fronts the office ‘tower’ whilst the hotel is constructed with a brick frame with a 310mm reveal behind which is a glazing system. The hotel glazing also incorporates glazed ceramic look-a-like panels and includes a vertical laminated timber detail, which coincides with the hotel bedroom dividing wall so that the fenestration of the brick bays responds to the layout of the bedrooms behind. This provides a highly modelled elevation and again, the hotel incorporates openable windows.

Double height glazing is incorporated at ground and first floor to ensure an open and active façade to the street but is tempered by the timber louvre system to ensure that the scheme presents a human scale to the street. This treatment to the hotel is repeated to the Duke Lane and Eyre Lane. The two upper floors to the hotel on Duke Lane and Eyre Lane, however, are fully glazed and will incorporate glass-to-glass joints to ensure an appropriate finish.

Almost 50% of the Eyre Lane elevation forms part of the office accommodation and the scheme has been revised to provide a pure elevation in the sense that the exterior reflects the interior use. As such, the framework is stone clad and the glazing system reflects that of the tower element.

This application represents a significant revision to the scheme submitted for consideration in June. The original scheme presented a less defined tower element to Furnvial Square extending up to a maximum of 11 storeys, falling to nine storeys along Furnival Street. The tower element was constructed in a combination of a curtain walling system, terracotta tile system and terracotta render, which were considered of insufficient quality for this key site. To Eyre Lane, the form of development reflects the current submission with a 9-storey block interspersed with a vertical terracotta bay feature albeit that it was proposed in white render, which again, was inappropriate within the CIQ Conservation Area. To Duke Lane and Eyre Lane, the proposal extended to eight storeys, which was considered inappropriate in relation to the scale of these streets. The application has since been the subject of extensive negotiation in an attempt so secure a scheme that delivers an appropriate quality of development on this prominent city centre site and a suitable scale of development within the CIQ.

RELEVANT PLANNING HISTORY

An application for the demolition of Officeworld, an unlisted building within the CIQ Conservation Area, is considered subsequently (06/04614/CAC).

15 The following application is also relevant to note:

06/01289/RG3: Use of land as short stay public pay and display car park (change of use planning application under Regulation 3 - 1992) Approved: 31.05.2006

SUMMARY OF REPRESENTATIONS

The application was advertised by way of site notice, press notice and neighbour notification. One letter of objection was received from Gatecrasher Nightclub who objects to the development principally on the grounds that the residential development will give rise to complaints regarding the future use of the nightclub. Gatecrasher advises that there has been considerable investment into sound attenuation measures to the building but there is limited scope for further work. They have submitted their own assessment of the applicant’s noise assessment, which raises concerns at the way in which the applicant’s noise assessment was undertaken and analysed. This is considered further in the report below.

The following statutory responses have also been received:

Conservation Advisory Group: In respect of the original design, the Group felt that the proposed development would conflict with the brief for the site and the requirements of the Urban Design Compendium. The Group considered that the scheme was over-development by at least five storeys, the design was bland and the materials were inappropriate. The Group observed that the development should respect the buildings behind the site including the listed Georgian Building on Eyre Lane, through a step down arrangement, with the development perhaps being slightly higher on the elevation adjacent to the roundabout, and also felt that the proposed courtyard would be too dark and there should be a simpler palette of materials.

English Heritage: English Heritage were consulted on a scheme previous to this and considered that the design, materials height and massing were not well related to the site and neighbouring developments and that some modifications would be needed before the development would make a positive contribution to the city centre. In particular, English Heritage suggests revisiting the fenestration format of the hotel and office and the proportions of glazing and solid. English Heritage has recently been re-consulted on the latest plans and any additional comments will be reported directly to Board.

The previous scheme was also considered by the Council’s external Design Panel who provided a comprehensive range of comments, the essence of which is summarised below:

- The urban design approach was welcomed but there were concerns in respect of the architecture and the public realm: - The Panel felt that the architectural approach and expression requires considerable reworking in order to realise a successful building, and that the architectural design should develop out of a more rigorous environmental and contextual analysis;

16 - The tower elevations were considered clumsy and dated in expression and did not provide a convincing expression of the aspiration for a sustainable ‘breathing’ façade; - There was concern that on the long elevations the major structural bays will be compromised by the infill cladding and glazing; - The Panel was concerned by the mixed architectural expression, with the same treatment for office and hotel on Eyre Lane despite different architectural treatment to the office onto Furnival Square; - The Panel considered that the site could take a tall building, but it would require architecture of much more integrity than the current scheme to succeed.

The applicant has since revised the proposal following the receipt of Design Panel comments, which is addressed in the report below. Furthermore, the Design Panel are to be reconsulted on the latest proposals, the outcome of which will be reported directly to Planning Board.

PLANNING ASSESSMENT

This application proposes the redevelopment of a prominent vacant site within the City Centre to deliver a mixed-use scheme that will deliver new office space and a hotel with ancillary leisure and café facilities. The principle issues to consider in the determination of this proposal include:

- Principle of development – policy and land-use; - Design considerations; - Impact on the CIQ Conservation Area; - Archaeology; - Highways; - Noise; - Sustainability.

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

Principle of development: Policy and Land Use

The application site is designated as a Fringe Industry and Business Area within the current Adopted Unitary Development Plan. Policy IB6 of the UDP advises that within such areas, employment generating uses such as Business (Use Class B1), General Industrial (B2) and Warehousing (B8) are preferred but a range of other uses including hotels (C1), leisure (D2) and food and drink outlets (A3) would also be acceptable. Policy IB9 of the UDP advises that the preferred uses (i.e. employment) should remain dominant within Fringe Industry and Business Areas.

It is relevant to note that PPS6 supersedes the policy for Fringe Industry and Business Areas in its treatment of such uses and requires edge of centre development of main town centre uses to satisfy the tests of need, scale, sequential test, impact and accessibility. However, it is considered that the site is

17 sufficiently close to the Central Shopping Area to enhance its vitality and have a positive impact and, as such, is acceptable in principle.

In terms of the mix of uses, it is noted that the office element accounts for approximately 54% of the uses on the site, which would ensure that preferred uses remain dominant in accordance with Policy IB9. The principle of small food and drink outlets and leisure space also accords with Policy IB6 as they are deemed acceptable uses.

This application proposes office, hotel, food and drink and leisure uses of which the office floorspace is predominant. Accordingly, the principle of development is considered to comply with relevant policies within the Adopted Unitary Development Plan and national planning guidance.

Design Considerations

Policy BE5 of the Unitary Development Plan seeks to achieve good design and the use of good quality materials with a respect for the scale, form and architectural character of the area. Within the Urban Design Compendium, the Cultural Industries Quarter is identified as a location to establish a cultural enclave where the principle of development is ‘repair’ and ‘recovery’ to enhance the existing character and activity of the area whilst embracing new development opportunities. It suggests that the appropriate scale of buildings is generally 3-5 storeys with some scope for taller buildings to Howard Street and Granville Square.

The scale of development has been a fundamental issue in the negotiation of this proposal and is a key consideration in determining the application. It is acknowledged that the site is constrained by the need to deliver a key gateway building to Furnival Square and Eyre Street, which is a primary route, whilst also addressing the scale of Eyre Lane to the rear of the site and Duke Lane, which are clearly secondary streets in both their scale and function.

The initially submitted scheme presented nine storeys to Duke Lane and Eyre Lane, which were considered inappropriate in relation to the width of these streets to the extent that the proposal would be over-bearing and detrimental to the character of the Conservation Area. The architectural response to this issue in the current scheme is two-fold:

- To both Duke Lane and Eyre Lane the fundamental scale of development has been reduced to deliver an enclosure ratio of 0.5, which is determined to be an appropriate relationship of built form to street width in the Urban Design Compendium. It effectively determines that the built form should be no greater than twice the width of the road. This has been achieved on the basis that although providing seven storeys of accommodation, the hotel floor to ceiling heights are only 2.7 metres and the top two floors are fully glazed and recessed by 3 metres from the main façade so they are not visible from street level;

- As a consequence of reducing the massing to Eyre Lane and Duke Lane, the scale of development fronting Furnival Square, within the ‘tower’

18 element was increased to the 17-storeys currently proposed. This has been assessed by the Council in terms of its impact on both long and short views within the City and to the City. Furnival Square is a key city centre location that is appropriate to accommodate a gateway building. Whilst it does not lie within a designated ‘tall building zone’ as defined in the Urban Design Compendium, it is considered that on the basis of the extensive assessment and modeling of the proposal in relation to existing and future development, its impact on the city skyline will not be detrimental. This is further reinforced by the significant enhancement to the quality of materials that has now been achieved with a high quality glazing system incorporating ceramic look-a-like panels and pressed metal channels to break the expanse of glazing.

In terms of design, it must be acknowledged that the proposal has been the subject of extensive negotiation since the original submission to the extent that the entire design approach has been substantially revised. Significantly, the materials palette has been simplified to incorporate a high quality glazing system detailed above, natural stone cladding, a red stock brick and laminated vertical timber panels to the hotel. Given its location within the CIQ Conservation, the use of natural stone and red brick is entirely appropriate whilst the extensive areas of glazing and ceramic look-a-like panels are also acceptable in principle. A full sample panel will be submitted prior to Board, details of which will be reported directly and conditioned accordingly. It is also important to note that the scheme now incorporates windows that open that will provide further articulation to the elevations.

The concept of the brick frame to the hotel and a stone frame to the lower floors of the office block is welcomed and is a consequence of extensive negotiation. It is considered that the frame, within which the glazing is significantly recessed, provides a simple but effective mechanism to deliver modeled yet highly articulated elevations, with the play of shadow and light providing further depth. The successful delivery of such a design approach is wholly dependent upon the quality of the finish and it is for this reason that the applicant is required to submit a sample panel prior to determination.

It is considered that this revised scheme represents a distinct design approach of a quality appropriate to this key gateway location, whilst also respecting the scale and form of buildings within the Conservation Area to the rear of the site. The elevations will provide visual interest and depth and to this extent, the proposal is considered to be of a sufficient quality and character in accordance with Policy BE5 of the UDP.

Impact upon the CIQ Conservation Area

The application site lies within the CIQ Conservation Area. As such, its impact on the character of the Conservation Area must be assessed. In the context of the Unitary Development Plan, Policy BE15 advises that developments that would harm the character or appearance of a Conservation Area will not be permitted. Policy BE16 determines that development in Conservation Areas must preserve or enhance the character or appearance of the Conservation Area whilst BE17

19 advises that within Conservation Areas, a high standard of design using traditional materials and a sensitive approach will be expected.

The application site lies on the fringes of the Conservation Area and the existing building was of a markedly different character to the more traditional industrial buildings within the CIQ. It is acknowledged that the proposed development utilises traditional materials in the form of red brick, stone cladding which is considered sympathetic to the Conservation Area, in accordance with BE17.

In terms of its impact, there is no doubt that the scale of development will ensure that it is highly visible both from within the Conservation Area as well as other parts of the City. It is relevant to acknowledge, however, that it is complex site having to address the gateway opportunity presented by the Furnival Gate frontage as well as the need to relate to the very traditional scale of Eyre Lane, where existing buildings are no higher than 4 storeys in height. It is considered that the proposal has achieved this balance with a significant reduction in scale to Eyre Lane in relation to the original proposal; as a result, the eaves height to the hotel has been reduced to 18.6 metres, which is equivalent to approximately 4 ½ to five office storeys, which is consistent with the Urban Design Compendium. The eaves height increases to 24.4 metres on the corner of Eyre Lane with Furnival Street but this is consistent with the height of Sterling Works opposite.

As noted above, the proposed design is considered to be sufficiently modelled and of a quality in terms of both design and materials, that is appropriate to the City Centre. Furthermore, the proposal is a significant improvement upon the existing site building, which detracts from the character of the CIQ Conservation Area. Thus, it is concluded that the proposal will enhance the character of the Conservation Area in accordance with Policies BE15 and BE17 of the UDP.

Impact upon the amenity of nearby residential occupiers

Whilst the surrounding area is currently predominantly commercial in character, it is important to note that Challenge Works, which lies opposite the site on Eyre Lane, has planning approval for a four and five storey mixed-use development comprising office space with student accommodation above, which is currently under construction. The student accommodation is sited on the upper floors Eyre Lane. The building presents four storeys to Eyre Lane with the fifth floor set back by approximately 1 metre. The eaves height of Challenge Works is broadly consistent with that of the hotel onto which it faces, creating a scale of built form that is appropriate to the CIQ and characteristic of other parts of Eyre Lane in terms of its extent of enclosure. Moreover, it is also relevant to note that the tower element lies to the northwest of Challenge Works and is therefore unlikely to impact upon its daylight or sunlight. As such, it is considered that the proposed development will not be unduly detrimental to the amenity of future occupiers.

20 Archaeology

The applicant submitted a desk-based assessment of the archaeological significance of the site and how it might be affected by the proposed development, including the analysis of core samples. The assessment determines that the site was enclosed agricultural and pastures land until the late eighteenth century when it was developed into an industrial cutlery and steel works. These works remained until the late 1960s when they were demolished to make way for the Furnival Square roundabout and latterly, the existing Officeworld building. However, evidence suggests that the former works occupied the entire site and there is therefore potential for archaeological remains relating to the site’s early industrial past, where it has not been disturbed by modern construction, particularly along the Eyre Lane frontage. On the basis of the archaeological report it is determined that further assessment may be necessary prior to construction and a condition to this effect is proposed.

Highways

The application proposes the provision of a 92-space car park at basement level with access from Eyre Lane. Highways Development Control raise no concerns in respect of the car park or parking numbers subject to the provision of suitable pedestrian/vehicle inter-visibility splays. Further details of the allocation of the car park to either the office or hotel users will be required as a condition of this approval.

The application also includes the provision of a taxi/coach drop-off area on Eyre Street, utilising and extending the existing bus stop that adjoins the site. Highways Development Control does not object to this approach in principle although further details have been requested in respect of proposed kerb lines. Members will be updated on this issue at Planning Board.

The applicant submitted a Sustainable Travel Plan prepared by Mott MacDonald in support of the application, the purpose of which is identified as providing a framework document to assist future occupiers to prepare Travel Plans to encourage sustainable modes of transport. The document highlights relevant planning policy guidance as well as the sustainable development ethos of PPS1 and the provisional target set out in the South Yorkshire Local Travel Plan of ensuring that single occupant vehicle users make no more than 60% of trips. The document recognises that the site is highly accessible by public transport, situated five minutes walk from Sheffield mainline railway station, within 500 metres of a Supertram stop and well serviced by bus routes. Consequently, the Travel Plan recommends a number of measures to be implemented by future occupiers. The document acknowledges that reduced provision of car parking spaces is a major factor that influences the number of employees and visitors arriving by single occupancy vehicle. This application proposes only 92 spaces, which is lower than the Council’s maximum parking standards. To encourage cycle users, sufficient cycle parking will be required in addition to the provision of staff shower and changing facilities within the offices, which will, in any event, be a condition of this approval. Additional measures recommended by the travel plan include the development and maintenance of a travel database for employees or residents; the

21 provision of discounted travel passes for staff and the easy availability of local transport information. Consideration will also be given to car-pooling or car clubs.

It is considered that the submitted travel plan provides a good basis for the development of future travel plans specific to future occupiers and a relevant travel plan condition is therefore proposed seeking to set and agree appropriate travel plan targets and mechanisms. The application will also be required to contribute to the Council’s City Centre Connect signage scheme to a value of £16,500, to be secured by means of a S106 agreement.

Noise

The applicant submitted a full noise assessment in support of the proposal in accordance with PPG24 Planning and Noise, which categorised the site to fall within Noise Exposure Category B (Noise should be taken into account when determining planning applications) and Category C (Planning permission should not normally be granted. Where it is considered that permission should be given, for example because there are no alternative quieter sites available, conditions should be imposed to ensure a commensurate level of protection against noise). The assessment then sets out appropriate glazing measures to protect the future occupiers of the hotel from background noise.

It is relevant to note that Gatecrasher nightclub have raised an objection to the hotel development and also submitted a critique of the noise report submitted by the applicant. The principle concern is the outbreak of noise from the roof of Gatecrasher. EPS have attempted to access the roof area to take noise measurements but have so far been not been provided with access and thus, cannot categorically state whether the noise outbreak will be an issue. EPS advise that it is relevant to note that the proposal relates to hotel accommodation rather than permanent residential accommodation and in addition, the applicant has advised that it would not be in their commercial interest for residents of the hotel to be disturbed by external noise and will therefore ensure that the glazing is of a sufficient standard. A full update from EPS will be provided directly to Planning Board but it is considered that sufficient acoustic glazing can resolve potential concerns.

Sustainability

An Energy/Sustainability Report was submitted with the application to outline the sustainable approach to development. It identifies a range of measures that have been taken into account in the design of the building such as its orientation and making the most of natural daylight and ventilation. It also promotes measures that will be incorporated into the building’s operation, such as maximising the use of energy efficient light bulbs and introducing a range of lighting controls.

More significantly, the report identifies that the district heating system in operation in Sheffield could be a realistic option as a heat source alternative to a gas fired source, which would reduce the carbon footprint of the building. The introduction of Green Roofs has also been explored with the applicant and will represent a

22 condition of this approval to seek further details of the extent and type of Green Roofs.

The revised scheme now integrates windows that open, which will assist in the provision of natural ventilation and reduce the energy demand of the building in this regard.

The report demonstrates that considerable thought has been given to the sustainable approach of this building. It is proposed that a further condition is attached to seek further confirmation of implementation of measures outlined in the report.

RESPONSE TO REPRESENTATIONS

The objection raised by Gatecrasher is considered in detail in the noise section of the report. It is also considered that the concerns raised by English Heritage and CAG in terms of scale, design and material have also been addressed in the report above.

The applicant has sought to address a number of the concerns raised by the Council’s external design panel. The overall quality of the materials has been significantly enhanced since the previous submission and the modelling to the elevations now reflects the function of the building. Moreover, scheme now incorporates windows that open, which addresses the Panel’s concern in respect of a sustainable breathing facade. As noted above, Design Panel’s comments on the current revised scheme will be reported directly to Planning Board.

SUMMARY

The mixed-use development of Officeworld will contribute to the regeneration of this key site on Furnival Square and deliver a development of some architectural merit providing a new hotel for the City and a significant proportion of high quality office space. It will also provide cafes and restaurants at ground floor level to ensure an active frontage to the street to enliven both Eyre Street and Eyre Lane. It is considered that the principle of development will result in a significant visual improvement to this site in comparison to the existing building, which does not contribute to the character or appearance of the CIQ Conservation Area. As such, it is considered that the development will enhance the character of the Conservation Area. Moreover, the mix of uses is appropriate within the City Centre and in accordance with the site’s designation as a Fringe Business and Industry location.

The application has been the subject of extensive negotiation, assessment and revision. The scale of development has been fully assessed in terms of the impact on the skyline and it is considered that the tower element will not prove detrimental to the amenity of surrounding buildings to warrant a refusal nor will it negatively impact upon the city skyline. It is considered that the scheme now under consideration represents a significant improvement on the original and subsequent submissions and, importantly, now incorporates high quality materials and

23 modelling to the elevations to ensure a development of sufficient architectural quality to warrant a recommendation for planning approval.

RECOMMENDATION

The application is recommended for approval subject to conditions and subject to a Planning Obligation under Section 106 with the following Heads of Terms:

1. The Owner shall pay to the Council on or before the first occupation of the development the sum of £16,500 to be used to contribute to the ‘City Centre Connect’ signage scheme.

Case Number 06/02708/FUL

Application Type A Full Planning Application

Proposal Erection of 6 x 8 m high floodlights to tennis courts

Location Ecclesall Lawn Tennis Club Carter Knowle Road Sheffield S7 2DX

Date Received 12/07/2006

Team SOUTH

Applicant/Agent Ecclesall Lawn Tennis Club

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

In the interests of the amenity of neighbouring properties.

3 The floodlights shall only be used between the hours of 08.00 and 21.00 on any day. This shall be controlled by way of an automated lighting control, the details of which shall be submitted to, and approved in writing by the Local Planning Authority prior to installation.

In the interests of the amenity of neighbouring properties.

4 Within one month of the installation of the lighting columns a validation test shall be carried out to determine the precise spread of illumination and the results shall be submitted to the Local Planning Authority. In the event of this demonstrating that levels of illumination exceed the predicted lighting level contours (by Luminance Pro Lighting Systems Ltd, 07.06.2006), measures shall be implemented to ensure that illumination levels do not exceed those predictions.

25 In the interests of the amenity of neighbouring properties.

Attention is drawn to the following justifications:

LR5 - Development in Open Space Areas LR10 - Improving Open Spaces

26 Site Location

LOCATION AND PROPOSAL

The application relates to a tennis club, accessed from Dunkeld Road, and occupying an area bordered predominantly by residential properties. The site is bounded to the north and east by the rear gardens of properties fronting Carter Knowle Road, to the south by the rear gardens of properties fronting Dunkeld Road and to the west by flats on Bartin Close.

The sole building on site is a single storey clubhouse in the north east corner of the curtilage.

The great majority of the site area is taken by the four full sized tennis courts these being organised in two pairs on a north west/ south east axis. The floodlights that

27 are the subject of this application are intended for the northern most pair of courts, closest to the clubhouse.

The proposal involves the erection of 6 no. 8 metre high lighting columns of 114 mm diameter surmounted by fixed horizontally mounted luminaries (cowls/baffles).

Members will recall that this item was deferred from consideration at the 15th January board to allow a members site visit to take place.

RELEVANT PLANNING HISTORY

There is no history relevant to the determination of this application.

SUMMARY OF REPRESENTATIONS

There have been 21 letters of objection to the scheme from 18 neighbouring properties. One letter was received from Ecclesall Forum and another from the management company representing residents of Munro Court.

Summary of points raised

The proposal would result in:

Increased duration of noise nuisance. Increase in light pollution Development that is out of keeping with character of the area. An increase in on street parking Invasion of privacy Adverse impact on wildlife.

Other matters

Decrease in property value There is poor supervision of children using the courts, excessive bad language and trespass occurring. The application was submitted during the holiday period to avoid adverse comment from neighbours.

PLANNING ASSESSMENT

Policy Issues

The site lies within an Open Space Area as defined in the Sheffield Unitary Development Plan. Relevant policies are therefore:

Policy LR5 ‘Development in Open Space Areas’. This states that development will not be permitted where it would harm the character or appearance of the area or where the proposed use would be incompatible with surrounding land uses.

28 Policy LR10 ‘Improving Open Spaces’. This states that appropriate improvements will be made to public open space which would provide a wider range of outdoor recreation opportunities (including children’s playgrounds and sports facilities) in suitable areas.

Residential Amenity Issues – Physical Presence

The proposed columns are to be slim (114mm diameter) with the luminaire measuring approximately 700mm square by 300 mm deep. The luminaires are ‘fixed mounted’ pointing straight down towards the ground. Both the columns and luminaires would be painted green.

Whilst there are a variety of boundary treatments in evidence on the boundary with neighbouring curtilages and there is a significant fall in level to the courts it is not considered that these factors would necessarily screen the columns from view from the rear elevation windows of neighbouring properties. However, neither is it considered that the erection of such slim columns and small reflector housings would represent an unacceptable presence in terms of visual amenity. The columns are slim and achieve minimum separation distances to properties on Carter Knowle Road and Dunkeld Road of approximately 20 and 27 metres respectively.

Lighting

The proposed luminaries have been designed so as to prevent excessive light spill and glare. From the information provided (lux contour plan for proposal and existing external lighting) Environmental Protection Officers have concluded that the proposed lighting would not have an adverse impact upon occupiers of neighbouring property.

The light levels indicated on the lux contour map assume a flat topography. At the same distances but at elevated levels (as is the case with properties on Carterknowle Road and Dunkeld Road) the illuminance would be lower than that shown on the contour maps. Notwithstanding this, the maximum light levels, even discounting the topographical variation, fall within acceptable levels as specified by the Institute of Lighting Engineers for this type of area.

Light levels on the lux contour map do show a very marginal contravention of recommended levels (by a factor of 1-3 lux) immediately adjacent the east elevation of Munro Court but this does not allow for the elevated position of the flats which should effectively reduce the lux level.

Notwithstanding this information, and for comparison it is worth relating that the moon produces 1 lux, standard street lights produce between 5 and 10 lux and ambient outdoor light at sunrise and sunset (assuming a clear sky) is about 400 lux.

In addition, a powerful wall mounted spotlight and bulkhead lights are already present on this elevation of the building, the levels of light produced being not dissimilar to the likely levels emanating from the floodlights at this location.

However it is recommended that a condition be attached to the consent requiring a post-installation check of lighting levels so that if it is felt that light spillage does not comply with the projected lux levels further measures can be undertaken to reduce this.

Also, in consideration of the reasonably close proximity of the courts to so many residential properties it is also recommended that a curfew for the switching off of the floodlights be imposed to reduce disturbance to the occupiers of neighbouring property. This should be enabled by an automated lighting control

Intensification of Use

During the Summer months (without floodlighting) play on all courts would be possible until perhaps 21:00-22:00. Currently play is more limited in the Winter. The introduction of floodlights would enable a more extensive use of the two courts in question up until 21:00 hours during the winter months.

Subject to the conditioned curfew it is not felt that the additional disturbance caused by continuation of play until 21:00 on two courts during the Winter months represents sufficient grounds for refusal.

Highways Issues

There are a limited number of courts on the site and this would have a self limiting affect on the numbers able to play at any one time and the proposed floodlights would only enable extended play on two courts. As such it is not considered that the proposal would result in significant problems with on street parking.

Other matters

Many of the letters state that the tennis club should introduce some form of discipline to eliminate the use of foul language and the invasion of privacy caused by members going into neighbouring gardens to retrieve balls without permission. Whilst sympathising with residents with regard to inconsiderate behaviour these matters are not planning considerations.

RECOMMENDATION It is considered that the proposed development accords with UDP Policies LR5 and LR10 and so it is recommended that planning permission be granted conditionally.

Case Number 06/03060/ADV

Application Type Advertisement Consent Application

Proposal Retention of illuminated name sign

Location 19-23 Clifton Street Sheffield S9 2DQ

Date Received 04/08/2006

Team CITY CENTRE AND EAST

Applicant/Agent Team Fostering

Recommendation Refuse with Enforcement Action

Subject to:

1 The Local Planning Authority considers that owing to the design, siting and level of illumination, the fascia sign is detrimental to the character and appearance of 19-23 Clifton Street and is therefore contrary to Planning Policy Guidance Note 19: Outdoor Advertisement Consent and Unitary Development Plan Policy BE13: Advertisements.

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 sign. The Local Planning Authority will be writing separately on this matter.

31 Site Location

LOCATION AND PROPOSAL

The application relates to the retention of an illuminated sign on the front elevation of 19-23 Clifton Street. The property appears to have at one stage been split into separate units, these have been merged some time before 1999. The land is designated as a Fringe Industry and Business Area within the Sheffield Unitary Development Plan.

The area surrounding the site is mixed in use between industrial premises and commercial development. Large industrial units flank the site to the northwest and north whilst what appears to be a scrap yard sits to the immediate southeast, although it is shielded somewhat by a high boundary wall.

32 Across Clifton Street is a red brick office development, an associated car park and a Kentucky Fried Chicken outlet. Centertainment is set 230 metres to the southeast and the busy duel carriageway known as Attercliffe Common is set 60 metres to the northwest.

19-23 Clifton Street is a two storey red brick property with a pitched roof. The front elevation of the property has stone cills and lintels and a central arch. This building is of domestic scale and could be regarded as out of context with both the industrial area and the larger scale buildings that surround it.

RELEVANT PLANNING HISTORY

Permission was granted in 1999 for the use of the building as offices (99/01019/FUL).

PLANNING ASSESSMENT

Policy Issues

Planning Policy Guidance Note 19: Outdoor Advertisement Control

Government guidance on advertisements is set out in Planning Policy Guidance Note 19, Outdoor Advertisement Control. This advises that local planning authorities should have regard to the effect of signs on their surroundings and features that contribute to the distinctive character of the area. They should consider the cumulative impact of signs and the scale and massing of existing structures.

Sheffield Unitary Development Plan

Policy BE13: Advertisements, is relevant and states that illuminated fascia signs will only be permitted if they would not be a traffic hazard and not harm the character or appearance of the area due to size, colour or intensity of light.

Design Issues

The front elevation of the buildings offers some degree of symmetry with the central arch and equally spaced first floor windows. The ground floor does offer some variation, however the entire frontage presents a building of a residential scale and an attractive relatively unspoilt appearance.

The sign that is proposed to be retained is set at the same level as the first floor windows and is of a similar height. Further to this the sign projects out beyond the elevation and covers the majority of the brickwork between two of the three first floor windows.

This unsympathetic scale of the sign, which is only heightened by its illuminated nature, fails to display compassion for the massing and character of the original frontage and detracts substantially from 19-23 Clifton Street.

33 Other Matters

The local planning authority has been in discussions with the applicant in order to resolve the situation, however these discussions have at this stage been exhausted and the applicants have requested a decision be made on the design as it is.

SUMMARY AND RECOMMENDATION

The proposed fascia sign due to its scale, elevated position and level of illumination is considered to be substantially harmful to the character of 19-23 Clifton Road, particularly the front elevation.

The proposal is therefore considered to be contrary to Planning Policy Guidance Note 19: Outdoor Advertisement Control and Policy BE13 of the Sheffield Unitary Development Plan.

Enforcement

The assessment has been made on the fascia sign in its current form and although there may be scope for some less pronounced signage, this would have to be significantly reduced as well as relocated.

Members are requested to authorise the city solicitor to take any necessary steps, including enforcement action and the institution of legal proceedings, to secure the removal of this unauthorised advertisement.

Case Number 06/03148/FUL

Application Type A Full Planning Application

Proposal Conversion and restoration of existing farm buildings to form 4 dwellings (Amended scheme incorporating amended site plan (Drawing number 1259-002 Revision E))

Location Grange Farm Norton Avenue Sheffield (Named The Hayloft,The Dairy, The Cruck Barn, The Farmhouse, The Stables, Hereward's Road, S14)

Date Received 09/08/2006

Team SOUTH

Applicant/Agent Development Land & Planning Consultations 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 units of accommodation shall not be used unless the car parking accommodation, turning head and passing places as shown on the approved plans has been provided in accordance with those plans and thereafter such facilities shall be retained for the sole purpose intended.

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

3 Notwithstanding the details shown in the approved drawings the surface treatment to the access road and footpath is not approved and before development is commenced full details thereof shall have been submitted to and approved by the Local Planning Authority.

In the interests of ensuring that the character and setting of the Listed Buildings is preserved and in the interests of highway safety.

4 The visibility splays previously agreed under Condition 5 of 03/03838/FUL shall be implemented prior to occupation of the units hereby approved.

In the interests of ensuring that the character and setting of the Listed Buildings is preserved and in the interests of highway safety.

5 Notwithstanding the details given in the approved drawings the boundary treatment to the site including the access road is not approved and details thereof shall be submitted to and approved in writing by the Local Planning Authority, prior to occupation of the units of accommodation hereby approved.

In the interests of the amenities of the locality.

6 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, Part 1 (Classes A to E inclusive), Part 2 (Class A), or any Order revoking or re-enacting that Order, no extensions, porches, garages, ancillary curtilage buildings, swimming pools, enclosures, fences, walls or alterations which materially affect the external appearance of the units of accommodation shall be constructed without prior planning permission being obtained from the Local Planning Authority.

In the interests of ensuring that the character and setting of the Listed Building, the character and appearance of the Conservation Area and the openness of the Green Belt is preserved, and in the interests of the amenities of neighbouring occupiers.

7 The landscape scheme agreed under Condition 8 of 03/03838/FUL shall be implemented within one 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.

8 The scheme of landscaping including details of measures for the protection of existing trees, shrubs and hedgerows in the course of development, which was submitted and approved in pursuit of Condition 9 of 03/03838/FUL shall be carried out in accordance with the approved plan 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, following occupation of the development. When the 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 with like species unless otherwise agreed in writing by the Local Planning Authority.

36 In the interests of ensuring that the character, setting and appearance of both the Listed Buildings and the Conservation Area as well as the openness of the Green Belt is preserved.

9 The works agreed in pursuit of Condition 10 of 03/03838/FUL (Crown lifting to trees) shall be carried out 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, following occupation of the development.

In the interests of ensuring that the character, setting and appearance of both the Listed Buildings and the Conservation Area as well as the openness of the Green Belt is preserved.

10 The details of an ecological survey of the building and surrounding land as carried out in pursuit of Condition 11 of 03/03838/FUL and any measures approved as part of this submission shall be carried out in accordance with the approved schedule.

In order to ensure that no harmful effects are caused to the interests of nature conservation in the locality as a result of the proposed development, in accordance with Policy GE11 of the Sheffield Unitary development Plan and National Planning Guidance as set out in Planning Policy Guidance Note 9 (Nature Conservation).

11 The work required as part of the programme of archaeological work submitted and approved in pursuit of Condition 12 of 03/03838/FUL shall be carried out in accordance with the approved details.

In the interests of preserving elements of archaeological interest and importance

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

To prevent pollution of the Water Environment.

13 Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through 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.

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

To prevent pollution of the Water Environment.

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

To prevent pollution of the Water Environment.

16 Before development is commenced full details of the drainage proposals shall have been submitted to and approved by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

17 Before the development is commenced, the design and location of: windows, doors (internal and external), fixtures and fittings (i.e. fireplaces, hearths, etc), decorative works (internal and external), lighting, signage and services (meter boxes, outlets and inlets for gas, etc) shall be fully specified and details thereof submitted to the Local Planning Authority for approval.

In order to ensure that the character and setting of the Listed Buildings as well as the character and appearance of the Conservation Area are retained and in the interests of the visual amenity of the locality.

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

i) proposed facing materials and/or ii) proposed roofing materials and/or iii)proposed windows and doors and/or

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

In order to ensure an appropriate quality of development.

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

Windows Window reveals Doors Eaves and verges

38 External wall construction Brickwork detailing Balconies Entrance canopies Garage doors

Thereafter, the works 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.

21 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.

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

Roof materials Ridge Valleys Eaves Verges Rainwater goods

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

In order to ensure an appropriate quality of development.

39 23 Rooflights shall be conservation style whereby no part of the rooflight shall project above the surface of the roofing slates unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

27 The design and location of all new external light fittings shall have been 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.

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

In order to ensure an appropriate quality of development.

40 Attention is drawn to the following justifications:

GE9 - Re-use and Adaptation of Rural Buildings BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings

41 Site Location

LOCATION AND PROPOSAL

The application site is located within a group of buildings situated within the Oakes Park Conservation Area, it is located approximately 220metres north east of The Oakes and with access taken directly off Norton Avenue via Herewards Road. Oakes Park is designated as a Conservation Area, and is also included within the National Register of Historic Parks and Gardens as Sheffield’s best surviving example of an 18th Century landscaped park. It is also designated as within the Green Belt. The Oakes is Grade II* Listed.

The buildings subject to the current application are listed (Grade II), and include a cruck framed structure of significant historic merit dating from the 15th or 16th century. Immediately to the south of these buildings was historically a group of outbuildings, which formed the subject of two recent applications (06/02950/FUL

42 and 06/02952/LBC) where consent/s were granted for a single unit of accommodation and garages. The previously existing outbuildings had become derelict and were not listed.

The current proposal involves renovation/re-building works to the buildings in order to form four units of accommodation. This proposal represents an amendment to a previously approved scheme, which dealt with all five of the units of accommodation.

RELEVANT PLANNING HISTORY

03/03838/FUL and 03/03839/LBC - Conversion and restoration of existing farm buildings to form 5 dwellings. Approved 28/5/04 and 28/4/04 respectively.

It should be noted that works at the site have commenced, as permitted by these approvals.

SUMMARY OF REPRESENTATIONS

Following the posting of site notices (at the site and on Norton Avenue at its meeting point with the access to the site) and direct correspondence to neighbouring occupiers, one written representation has been received.

The comments made can be summarised as follows:

- The rural character of the area should be retained - Development of Grange Farm would eventually lead to the development of the woods and meadows from School Lane to Lightwood Lane and beyond - Henry Boots would be more likely to develop Norton Oakes Park if the above goes ahead - Concern relating to impacts upon trees, if any would be removed.

Additionally, the Garden History Society and English Heritage do not wish to make comments relating to the application. The Society for the Protection of Ancient Buildings do not wish to comment upon the application given the progress made in implementing the previously approved schemes.

PLANNING ASSESSMENT

Policy Issues

In the assessment of the current application it is important to note that the site is located within the Oakes Park Conservation Area (a registered historic park) and within the Green Belt. The provisions of Unitary Development Plan policies BE16 (Development in Conservation Areas), BE19 (Development affecting Listed Buildings) and GE9 (Re-use and adaptation of rural buildings) are relevant.

Essentially, given the previous approval, it is necessary to establish whether the proposed amendments to the approved scheme are acceptable.

43 The differences between the two schemes include:

- Increase by approximately 1m of eaves and ridge heights across the majority of the building - Enlargements to/increased separation between certain windows - Two extra rooflights - Extra doorway - More regularised quoin treatment - Alteration to vehicle turning facilities.

The overall number of residential units, and the footprints occupied by the proposed building would remain the same and the route of the access road/foot way from Herewards Road are proposed to remain as previously approved.

The provisions of UDP policy GE9 deals with The Re-Use and Adaptation of Rural Buildings and states that this will be permitted particularly where it would help to diversify the rural economy. The policy states amongst other things that (a) the existing building should be capable of conversion without significant alteration, extension or structural rebuilding. The buildings previously existing at the site were in a derelict and ruinous state at the time which the last application was dealt with. This deterioration has obviously continued in the meantime, up until the time at which works contained within the approved scheme commenced. It is understood that prior to commencement of these works the building was in a ruinous state. In this respect it is considered that the currently proposed works would involve structural works of such significance that the requirements of GE9 criteria (a) would not be capable of being satisfied.

However, the report dealing with the previous applications stated that English Heritage considered the buildings to present a heritage asset worthy of retention, even with significant restoration works. It was considered that a sufficiently detailed record of the buildings’ original state existed to enable accurate restoration to take place. In regards to the proposed residential use it was considered that it would be ideal if the farm were to have been restored as a working agricultural unit, however, it was considered that this was unlikely given the limited size of the building. Given that this use was considered as being unfeasible it was accepted that the use of the buildings for residential purposes presented the most obvious and viable alternative. The restoration to form a single residential unit was considered to be unfeasible due to the immense cost involved. Cost assessments were carried out and it was acceded that a total of five residential units would present a reasonable solution.

In addition to this issue the Local Authority has a responsibility, under PPG15 Planning and the Historic Environment and under UDP policy BE19 (Development Affecting Listed Buildings), to ensure the preservation of the character and appearance of the city’s Listed Buildings. It was therefore considered that given the historic importance of the buildings the need to ensure their restoration and retention of the farm buildings overrode the provision of element (a) of Policy GE9 of the UDP and any disbenefit to the Green Belt that such an increase in intensity of use might otherwise have. Therefore, the principle of the development

44 proposed is therefore acceptable and for reasons of heritage management the proposal was not considered to represent a departure from UDP policy.

BE16 states, amongst other things, that in Conservation Areas permission will only be given for development including the erection of buildings and changes of use which would preserve or enhance the character or appearance of the Conservation Area. Additionally, policy BE19 states that the demolition of Listed Buildings will not be permitted. Proposals for internal or external alterations which would affect the special interest of a Listed Building will be expected to preserve the character and appearance of the building and to preserve or repair original details and features of interest.

It was commented at the previous application stage that the works could be carried out without compromising the integrity of the historic group and that the details submitted showed sufficient sensitivity and restraint.

The accommodation is to be organised to respect the original subdivision and footprint of the listed farm buildings. The barn at the west end of the range accommodates one unit. The stable block and the farm house accommodate two separate units, whilst the area previously occupied by the parlour chamber provides the fourth unit. Unit 3 involves the retention of a cruck frame which was salvaged from the derelict building, which has been restored and integrated into the building as a feature detail.

The proposals exploit the majority of the original door and window positions and their configuration which would remain virtually unchanged from that which would have existed originally; with the exception of the barn entrance (where the entrance doors are to be replaced by a simple glazing system).

Specifically relating to the application for Listed Building consent the previously approved scheme/s involved the setback of the first floor level accommodation into the building away from this glazing system to create a void, thus creating a reference point back to the historic nature of this opening. It is understood that structurally this was not achievable. However, the proposed floor structure runs immediately to the rear of the horizontal glazing bar, and there is corridor space immediately to the rear of this point as a pose to habitable room accommodation. It is considered that the original intention behind the incorporation of a void at this point would be adequately carried through as part of the currently proposed applications. It is also intended to insert roof lights within the stable block and cruck structure so as to ensure the adequate provision of natural light to the upper floors.

The amendments/additions to the originally approved window and door arrangement are considered to accord sufficiently to the approval. Thus, the currently proposed arrangement would closely follow that which would have existed originally. As such it is considered that the current scheme would be considered to be acceptable, adequately respecting the character and appearance of the Listed Building in its original form.

45 The proposal also includes an approximate 1m increase in the eaves and ridge heights of the majority of the building. Notwithstanding this increase, the staggered height relationship between the various elements of the building as previously approved is retained as part of the current proposal. It is therefore considered that the proposed scheme continues to draw significantly from the original form of the building. It is therefore considered that the amendment to the approved scheme would be considered to be acceptable in terms of the impacts upon the character and appearance of the Listed Building in its original form and the Conservation Area.

The alteration to the quoin treatment is not considered to be a significant issue, and can be dealt with as part of any conditions granted.

Overall, it is considered that the currently proposed development would not have a harmful impact upon either the character and setting of the Listed Building or the character and appearance of the Conservation Area and Historic Parkland.

It should also be noted that the curtilage to the buildings is to be drawn tightly to prevent domestic use encroaching onto the surrounding parkland. It would also be intended that permitted development rights would be removed as a condition of any planning permission granted. Therefore, any subsequent impact that the development will have on the surrounding landscape would be minimised.

Highway Issues

The initially submitted drawing has been amended to allow the turning head to accommodate the manoeuvres of a refuse / emergency vehicle. This layout is considered to be acceptable, and to avoid the need for overly long reversing exercises. The proposed level of parking, at two spaces per dwelling, is considered to be acceptable. Additionally, the works previously agreed to the access road as part of 03/03838/FUL are still required, and will be included within the below recommendation.

SUMMARY AND RECOMMENDATIONS

The proposal to rebuild the farm buildings to ensure a long term viability, is accepted as the reversion to agricultural use is not a feasible option for economic reasons. The use of the building for housing purposes is considered to be feasible, and it is believed that the benefits derived from ensuring the future of this heritage asset outweigh the costs of allowing such a development in the Green Belt.

Whilst it is accepted that the majority of the restoration work is conjectural owing to the derelict nature, it is considered that the building can be reinstated to its original form and that the conversion proposal is sufficiently sensitive to ensure that the integrity of the historic fabric is adequately retained as part of the re-built structure.

46 Furthermore, it is considered that the proposed development can be implemented without being of detriment to either the character or setting of the Listed Building or the character and appearance of the Historic Parkland.

Essentially, it is considered that the proposed alterations to the previous approval are considered to be acceptable, and it would not be possible to support an argument for refusal of the application given the existence of the previous approvals. Given that the proposed development continues to be considered to accord with the provisions of GE9, BE16 and BE19 of the Sheffield Unitary Development Plan it is recommended that approval be granted.

Case Number 06/03151/LBC

Application Type Listed Building Consent Application

Proposal Conversion and restoration of existing farm buildings to form 4 dwellings (Amended scheme incorporating amended site plan (Drawing number 1259-002 Revision E))

Location Grange Farm Norton Avenue Sheffield (Named The Hayloft,The Dairy, The Cruck Barn, The Farmhouse, The Stables, Hereward's Road, S14)

Date Received 09/08/2006

Team SOUTH

Applicant/Agent Development Land & Planning Consultations 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 Planning (Listed Buildings and Conservation Areas) Regulations 1990.

2 Notwithstanding the details shown in the approved drawings the surface treatment to the access road and footpath is not approved and before development is commenced full details thereof shall have been submitted to and approved by the Local Planning Authority.

In the interests of ensuring that the character and setting of the Listed Buildings is preserved and in the interests of highway safety.

3 Notwithstanding the details given in the approved drawings the boundary treatment to the site including the access road is not approved and details thereof shall be submitted to and approved in writing by the Local Planning Authority, prior to occupation of the units of accommodation hereby approved.

In the interests of the amenities of the locality.

48 4 The work required as part of the programme of archaeological work submitted and approved in pursuit of Condition 12 of 03/03838/FUL shall be carried out in accordance with the approved details.

In the interests of preserving elements of archaeological interest and importance.

5 Before the development is commenced, the design and location of: windows, doors (internal and external), fixtures and fittings (i.e. fireplaces, hearths, etc), decorative works (internal and external), lighting, signage and services (meter boxes, outlets and inlets for gas, etc) shall be fully specified and details thereof submitted to the Local Planning Authority for approval.

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

i) proposed facing materials and/or ii) proposed roofing materials and/or iii)proposed windows and doors and/or

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

In order to ensure an appropriate quality of development.

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

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

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

In order to ensure an appropriate quality of development.

8 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

49 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.

9 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.

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

Roof materials Ridge Valleys Eaves Verges Rainwater goods

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

In order to ensure an appropriate quality of development.

11 Rooflights shall be conservation style whereby no part of the rooflight shall project above the surface of the roofing slates unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

50 13 Before the development commences, details of all new joinery and timber structural elements and/or the repair, alteration or replacement of existing timber elements (including roof and floor timbers, partitions, stairs, balustrades, screens, wainscoting) shall have been approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved plans.

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

15 The design and location of all new external light fittings 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.

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

In order to ensure an appropriate quality of development.

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.

GE9 - Re-use and Adaptation of Rural Buildings BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings

Site Location

For report please see 06/03148/FUL

Case Number 06/03986/FUL

Application Type A Full Planning Application

Proposal Erection of five-storey block containing 9 no. flats with associated car-parking accomodation (As amended 17/01/2007)

Location Land Adjoining And Rear Of 136 Albert Road Sheffield

Date Received 18/10/2006

Team SOUTH

Applicant/Agent YS Design Services

Recommendation Grant Conditionally

Subject to:

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

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

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

i) proposed render ii) proposed roofing materials

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

In order to ensure an appropriate quality of development.

3 Before the development is commenced, full details of the design, appearance and finishing treatments to the proposed bridge access and external steps shall have been submitted to and approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

53 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 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 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.

In the interests of the amenities of the locality.

6 Before work on site is commenced, details of a suitable means of site enclosure shall be submitted to and approved in writing by the Local Planning Authority and the 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.

7 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 purpose intended.

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

8 The flats shall not be used unless the cycle and bin storage facilities shown on the plans have been provided in accordance with further details to have first been submitted to and approved in writing by the Local Planning Authority and thereafter such cycle and bin storage facilities shall be retained.

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

9 The flats shall not be used unless 2 metres x 2 metres vehicle/pedestrian intervisibility splays have been provided on both sides of the means of access such that there is no obstruction to visibility greater than 600 mm above the level of the adjacent footway and such splays shall thereafter be retained.

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

10 Before installation of any external lighting to the site, full details of such lighting, including details of intensity, direction and siting shall have been submitted to and approved in writing by the Local Planning Authority and the Local Planning Authority reserve the right to require modification at any time.

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

11 The window openings on the front elevation of the building shall be set in minimum 100mm reveals.

In order to ensure an appropriate quality of development.

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 H15 - Design of New Housing Developments H16 - Open Space in 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.

55 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

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 Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services. The agreed address must be clearly displayed at each individual property before occupation in order to ensure that the postal service can correctly locate each property of delivery purposes.

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

56 Site Location

INTRODUCTION

This application is a variation of a previously approved development of 8 flats which is currently under construction (Ref - 04/01432/FUL). Consideration is therefore restricted to the differences between the approved and proposed development.

LOCATION AND PROPOSAL The application site was formerly occupied by a pair of dwellings but was for some considerable time prior to being cleared for the previously approved development. The site adjoins a terrace of Victorian dwellings (Nos120-130 Albert Road) to the west and a detached dwelling (No136) to the east. The site has an open frontage of approximately 12 metres and covers an area of some 675m2. There is an existing driveway adjoining No136 which serves that property in addition to the

57 application site. The site widens out towards the rear taking in land immediately to the rear of the boundary of No136. The site was in the same ownership as No136 prior to being sold to the applicant. The land slopes steeply down from the frontage over a distance of approximately 14 metres before levelling out and continuing to the rear boundary. The overall depth of the site is approximately 50 metres. There is a large mature tree towards the rear of the site. Immediately adjoining the rear boundary of the site is a two storey Victorian factory workshop with windows overlooking the site. Flats and maisonettes are set back approximately 12 metres from the road frontage opposite the site and have frontages to Albert Road and Shirebrook Road. The application is for 7 x 1 bed flats and 2 x studio flats on five floors. The additional 1 bed flat is within the roofspace. The overall height of the building remains as previously approved. 11 open car parking spaces are proposed to the rear of the site together with cycle and bin storage facilities and a private communal garden area.

RELEVANT PLANNING HISTORY

Planning permission for 6 x 1 bed flats and 2 x studio flats, together with 10 car parking spaces, cycle and bin storage, was granted in January 2005 (Ref. 04/01432/FUL). The permission is being implemented.

Planning permission was granted for a pair of dwellinghouses on the site in August 2003 (Ref. 02/02700/FUL).

Planning permission was granted for 2 dwellinghouses and 3 double garages in 1997 (Ref. 97/0028P).

Planning permission was granted in 1998 for the creation of a lower ground floor level granny flat at No136 (Ref. 97/1413P). In August 2003, permission was granted for the use of the granny flat as a self-contained unit (Ref. 03/00708/FUL). The permission has been implemented and was based on the provision of a communal garden area for residents at No136.

SUMMARY OF REPRESENTATIONS

6 letters of representation have been received. The representations are summarised below:

- Building work has commenced and has caused damage to the foundations of the neighbouring terraced properties (120-130 Albert Road) - Windows in rear elevation may overlook rear gardens of dwellings in Molloy Street – loss of privacy - Over supply of one bedroom flats in area - 5 storey block will compromise light and view from properties opposite in Shirebrook Road - Building should not exceed height of adjoining properties - Buff brick inappropriate and out of keeping with surrounding buildings

58 - 9 units on site originally intended for 2 dwellings - Nuisance from noise and cars associated with the flats - Additional traffic in Albert Road which is already a rat-run for cars and large lorries - Object to high grey concrete wall which will surround the site

PLANNING ASSESSMENT

Policy Issues

The site lies within a Housing Area as designated in the adopted Unitary Development Plan (UDP). UDP Policies H5 (Flats, Bed-Sitters and Shared Housing) H10 (Development in Housing Areas), H14 (Conditions on Development in Housing Areas), H15 (Design of New Housing Developments), H16 (Open Space in New Housing Developments) and BE5 (Building Design and Siting) are most relevant.

Housing (including flats) is the preferred land use in accordance with UDP Policy H10. The principle of redevelopment of the site for flats has been established by the 2004 planning permission which is currently being implemented (04/01432/FUL). Consideration is therefore necessarily restricted to the differences between the approved and proposed developments.

The introduction of one additional unit will increase the density of development from approximately 130 units per hectare to approximately 146 units per hectare. The density is a reasonable level for a flats development and makes efficient use of a brownfield site in accordance with national planning guidance relating to Housing.

Design Issues

UDP Policies BE5 and H14 seek to secure good quality design in new developments. Original architecture is encouraged along with the requirement for new buildings to complement surrounding buildings. This part of Albert Road has a mix of housing types and the contemporary design and materials of the previously approved building was considered satisfactory in this context.

The proposed building is of the same height, footprint and external materials as the approved building. Alterations to the Albert Road elevation are restricted to the increased width and marginal increase in height of the gable wall design at roof level (there is no increase in overall height), the increase in height of the feature stairwell window in the front gable and the introduction of a Velux type rooflight. The increased width of the gable will result in a symmetrical pitch (previously asymmetrical). The design is acceptable, neither enhancing or detracting from the approved front elevation, but still incorporating the details of the roof forms of the properties to either side.

Alterations to the rear elevation of the building are restricted to the introduction of a dormer window and a small window in the highest part of the rear gable. These features will not be visible in the public domain.

Although providing 5 floors of accommodation, the building remains of comparable height to the adjoining buildings. The ridge line will remain only 700mm (max) above the ridge line of No130 and will be 300mm below the ridge line of 136.

Overall, the design and appearance of the building is considered to continue to comply with Policies BE5 and H14(a).

Amenity Issues

The additional windows do not raise new overlooking issues. It should be noted that the adjoining dwelling at No136 has a habitable room window in the roof space on the rear elevation (4th floor level) and there are dormer windows in the rear roof slopes of some of the dwellings in the adjoining terrace.

An additional car parking space to serve the additional unit has been accommodated by the slight expansion of the approved surfaced area to the rear of the building without harm to residential amenity. There is a total of 11 spaces to serve the 9 flats. The location of the car park is such that disturbance to adjoining properties and occupiers of the proposed flats will be minimal. This is due to the reduced levels in this area and boundary treatments. Additional screening to the lower part of the boundary with No130 should be conditioned as the existing boundary fencing provides little screening.

There will be no reduction in the previously approved communal garden area immediately to the rear of the building. The garden faces south-west, will be reasonably level and has an area of approximately 80m2. The use of the garden by one additional 1 bed flat will not significantly reduce residential amenity for future residents.

In view of the above, the proposals continue to comply with UDP Policies H5, H14 and H15.

A completed legal agreement for payment of an additional £675 has been received towards the provision/enhancement of local recreation space as required in accordance with UDP Policy H16. A contribution of £7,560 has previously been received in respect of the approved development.

Highway Issues

The level of car parking provision accords with the Council’s current Car Parking Guidelines and, as previously, provision for cycle storage is indicated in the layout.

Due to the constraints of the site, the existing access to the site is not ideal. However, it could not have been satisfactorily altered previously and, having regard to earlier permissions for additional use, was considered acceptable to serve 8 flats. The additional flat will not significantly alter traffic movements and, on balance, the development remains acceptable in highway terms.

60 RESPONSE TO REPRESENTATIONS

Damage to foundations – this is a private matter between the respective property owners. Notice on the adjoining property should be served under the Party Wall Act in respect of developments in close proximity to the boundary with other buildings.

The remaining representations are addressed in the Assessment above.

SUMMARY AND RECOMMENDATION

This application is a variation of a previously approved development of 8 flats which is currently under construction (ref.04/01432/FUL). Consideration is therefore restricted to the differences between the approved and proposed development.

One additional flat within the roof space of the building can be satisfactorily accommodated without harm to residential amenity or highway safety. The alterations to the design of the front elevation of the building remain acceptable in the context of a mixed street scene in Albert Road.

Overall, the proposals are considered to continue to comply with relevant UDP policies. A legal agreement has been completed in respect of additional off-site local recreation space provision/enhancements.

It is recommended that planning permission is granted subject to conditions.

Case Number 06/04110/RG3

Application Type Application Submitted by the Council

Proposal Landscaping works to existing Park (Full Planning Application under Regulation 3 - 1992)

Location Devonshire Green Devonshire Street Sheffield

Date Received 02/11/2006

Team CITY CENTRE AND EAST

Applicant/Agent Sheffield City Council

Recommendation Grant Conditionally

Subject to:

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

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

2 This development shall be carried out in complete accordance with the approved plans PL-BB220-113, PL-BB220-100B, PL-BB220/126, PL- BB220-135B, PL.BB220.134a unless otherwise authorised in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

3 Prior to the commencement of development, further details of the proposed landscaping shall be submitted to and approved in writing by the Local Planning Authority. This shall include details of planting to the planting areas, in terms of species type and size and shall include some drought- resistant varieties as well as details of tree planting. The scheme shall be carried out in accordance with a 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.

62 In the interests of the amenities of the locality.

4 Prior to the commencement of development, further details (height and manufacturers details) of the proposed boundary treatment shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details.

In the interests of the amenities of the locality.

5 The site compound for the period of construction of the proposed development shall be as shown on the approved plan PL-BB220-113 unless otherwise approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

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

In the interests of the safety of road users.

Attention is drawn to the following justifications:

LR4 - Open Space LR5 - Development in Open Space Areas BE5 - Building Design and Siting BE10 - Design of Streets, Pedestrian Routes, Cycleways & Public Spaces BE18 - Development in Areas of Special Character

Attention is drawn to the following directives:

1. The applicant is advised that any areas of outdoor seating to be used for the purpose of serving food and drink will require separate planning consent.

Site Location

LOCATION AND PROPOSAL

Devonshire Green comprises a 0.9-hectare area of public open space within the Devonshire Quarter. The Green is bounded to the north by Devonshire Street, to the east by Eldon Street, to the west by Fitzwilliam Street and the cycle route from Fitzwilliam Street to Devonshire Street and to the south by the existing skate park and playground and Nos. 56-62 Eldon Street. The area is currently grassed with tarmac footpaths running northeast to southwest and northwest to southeast.

This application proposes landscaping works to Devonshire Green comprising the following:

64 - Re-levelling of the topography of Devonshire Green running from north to south across the site. This is the principle element of the development that requires planning permission. The most significant change in levels is in the northwest section of the Green where the grassed banking is evened out to a more gradual gradient so that existing banks are decreased by a maximum of 2 metres. The main area of grass is raised by a maximum of 1 metre and an average of 0.5 metres across the site. The proposal will create a generous grassed area that can provide a space for events if required. A network of land and surface drains will also be laid to ensure that the lawn drains efficiently and recovers quickly after events;

- It proposes the closure of existing footpaths across Devonshire Green and the provision of a new footway around the central grassed space with a widened hard-surfaced area to the western edge of the grass adjacent to the cycle route;

- A ‘sculpted’ seating area will be created to the northeast corner of the Green, adjoining Eldon Street, to create an upper terrace. The seating area will form an edge to the Green and will be constructed in shaped concrete to create a generally low seating area with raised sculptural elements at irregular intervals. Within this area is a flat surfaced space that may accommodate external seating in the future with concrete steps to another external space adjacent to the footway.

- The introduction of five new areas of planting and the introduction of new tree planting. To enable the development, 21 existing trees will have to be removed but 21 new trees will be planted. Semi-mature specimens will be used to make an immediate impact.

The scheme will include the provision of seats, bollards, litter bins and benches, which will be co-ordinated with planting beds surrounded by white concrete feature walls ranging in height between 0.4 metres and 3 metres.

The application includes details of the site compound, an area of approximately 30 metres in depth and no more than 20 metres in width sited in the southeast corner of the Green adjacent to Eldon Street. The application states that it is hoped to commence work on site in February 2007 with a view to completion in September 2007.

Once finished, it is intended that Devonshire Green be a multi-purpose area that is managed by the Council’s City Centre Management Team.

RELEVANT PLANNING HISTORY

The relevant planning history is summarised below:

98/00971/FUL: Alterations to land to form a skate park. Approved: 16.09.98

SUMMARY OF REPRESENTATIONS

The application was advertised by way of site notice and neighbour notification. Two letters have been received raising no objections to the proposal but raising a number of issues and concerns.

The Forum Café Bars have written to raise the concerns summarised below:

- A concern that the raised flower beds will block the view of the Forum’s patio; - A concern that the patio will attract ‘various groups/types of people who do little for the area and have an adverse effect on [the Forums] business and they will have no authority to act; - The low seating walls will encourage these ‘groups’ to congregate; - There are no public toilets on Devonshire Green or the locality so the Forum is used as the unofficial toilet; - The busiest trading time for the Forum is the summer and it would be helpful if works were carried out outside the summer months to minimise trade loss.

A resident of West One provided the following observations:

- No mention is made of drought resistant species, which should be considered; - It is unlikely that pedestrians will use the paths around the edge but will, instead, cut across the grass; - A concern is also expressed that the up lights to the trees will shine into West One and add to the intrusiveness of the car park security lighting.

PLANNING ASSESSMENT

This application proposes the re-grading and improvement to the public space at Devonshire Green. The principle issues to consider in the determination of this proposal include the following:

- Policy and Land Use - Design considerations including accessibility; - Landscape design.

In addition, the Council is required to consider responses received as a result of the consultation exercise.

Policy and Lane Use

Devonshire Green is designated as open space within the Adopted Unitary Development Plan. It also falls partially within an Area of Special Character.

66 Policy LR4 of the UDP relates to areas of open space and advises that open space will be protected from built development where it is needed for outdoor recreation, or where it makes a valuable contribution to the natural environment, urban heritage or quality of life. LR4 advises that as opportunities arise, open space will be improved where it is of poor quality and created where it is a shortage. Policy LR5 advises that development in open space areas will not be permitted on a number on grounds including an assessment as to whether it would harm the character or appearance of the open space.

This application proposes improvements to Devonshire Green, which will maintain and enhance its function as public open space in accordance with the principles of LR4. It is therefore considered that the proposed development is in full accordance with this Policy. In respect of development in open spaces, whilst there are no buildings proposed within this application, it does include some re-levelling of the site and hard surfacing. However, it is considered that such development will not harm the character of Devonshire Green but will, in fact, encourage greater use of the open space. As such, the proposal is considered to accord with the principles of LR5.

Policy BE18 of the UDP relates to development in areas of special character and advises that the retention of areas of open space that contribute to the character of the area will be expected with the submission of enough information to enable an assessment of the impact to be made. As noted above, it is considered that the proposed development will enhance the character of Devonshire Green and thus contribute to the wider area in accordance with BE18. Furthermore, the application includes sufficient information to enable a full evaluation of the proposal and its impact on the area, which is determined to be positive.

Overall, the proposal is considered to comply with relevant policies within the Adopted UDP.

Design Considerations and Accessibility

Policy BE5 of the UDP advises that good design will be expected in all new applications. This application proposes the re-levelling of the site to provide more gentle gradients across the Green as well as the introduction of sculpted planted areas constructed in white cement. The planting areas are also designed as informal seating areas as they comprise predominantly low walls of a height between 0.45 metres and 0.7 metres with a small number of curved feature projections at irregular intervals rising to a maximum of 2.0 metres. The walls are inset with a proposed 10mm mosaic band. In the north-east corner of the site is a raised area that will potentially provide an outdoor seating area in the future (subject to planning permission); this area is enclosed by the sculpted walls outline above and with the ground finish comprising a reflective ‘blue crystal like’ surface to echo the mosaic wall design. A comprehensive lighting scheme is proposed across the Green including up lighting to the new trees to be planted along the western edge of the Green. The footways will also be appropriately lit. Lastly, a climbing boulder is proposed in the southeast corner of the Green; the boulder extends to a maximum height of 3 metres and is surrounded by a ‘softer’ play

67 surface to a depth of approximately 2 metres. It is intended that the boulder will also be up-lit to provide a further sculptural element within the scheme.

It is considered that the design of the proposed planting areas, using white cement with inset mosaics will provide an interesting and high-quality finish to the planting beds and provide visual interest across the site. It is considered that the quality of this scheme will be reflective of the attributes of existing public realm works within the City Centre and accords entirely with the principles of BE5.

With regard to accessibility, Policy BE10 of the UDP advises that the design and environmental improvements of public spaces should make them convenient and safe to use for people with disabilities, elderly people, young people and people with young children and ensure the creation of attractive, welcoming and useable open spaces. It is considered that this proposal will provide some improvements for accessibility in terms of delivering more gentle gradients across the Green and also in terms of the creation of widened footways (minimum 3 metres width) around the edge of the Green. Lighting will also be enhanced across the Green to further encourage use of the open space and to promote a safer space. It is therefore considered that the proposed development is in accordance with Policy BE10.

Landscape design

The proposals at Devonshire Green, principally in terms of the re-grading of the Green, will require the removal of 21 existing trees, the majority of which are located in the north-west corner of the Green and adjacent to the skate park. However, the scheme includes the re-planting of 21 semi-mature trees to be sited mostly around the edges of the Green, some of which will be up-lit with spot lights that can be angled directly into the tree.

In addition, five planting areas are proposed provided as an edge to the raised platform adjacent to the Forum and also in three locations along the northern and western boundary of the grassed area. Details of planting has yet to be submitted formally but the applicant has advised that all planting will be innovative and sensory providing colour, structure and form throughout the year. The applicant has also advised that the plants that will be specified will be drought resistant and it is hoped that it could be a showcase example for the city in terms of sustainability and reducing the need for irrigation. It is also intended to use a drought resistant turf that would likely recover well after events.

RESPONSE TO REPRESENTATIONS

Two responses to public consultation were received. In respect of the concerns raised by the Forum, the following response is made:

With regard to the issue of raised flowerbeds blocking the view of the Forum’s patio, it is advised that the planting walls are typically below 0.7 metres with only small sections rising to 2.0 metres. However, the wall has a curved sculptural form with holes punched through within the higher elements. As such, it will not block views from the Forum’s patio and indeed, is considered to enhance views in comparison to the existing Green.

In terms of the concern in respect of the gathering of ‘various groups’ within the space where the low walls will encourage them to congregate, it must be acknowledged that this is an area of public open space. It is anticipated that the proposed improvements will increase its use as public open space by a range of users, thus potentially discouraging any anti-social behaviour. The area will also be patrolled by the City Centre Ambassadors.

The objection in respect of the lack of provision of public toilets on Devonshire Green or the locality is acknowledged but it is considered that the provision of public toilets is a more strategic issue across the City Centre and not a matter that should necessarily be resolved by the works to Devonshire Green. The applicant has advised that the funding for the works to Devonshire Green is at a maximum and there is no capacity within the current budget to provide public toilets; it is not simply a case of providing the toilets but also maintenance and management, for which there is currently no budget. In future phases, it is hoped that public toilet provision for Devonshire Green can be addressed on a citywide basis.

It is noted that the busiest trading time for the Forum is the summer and it would therefore be helpful if works were carried out outside the summer months. Unfortunately, however, it is necessary for the new grass turf to be laid in spring to allow it to settle over the summer months. It is therefore not possible to avoid some works over this period. It is anticipated that work will commence in February with a view to completion in September 2007 although the majority of major works, including re-grading of the site, would be competed before the summer months.

The issue of drought resistant plants is considered in the main reported above. In respect of lights shining into West One, it is advised that the up-lighting to the trees comprises spot lighting, which is angled directly into the tree to stop unnecessary glare to surrounding buildings.

With regard to the final comment that pedestrians will cut across the grass, this issue was considered in the design but it is advised that the intention behind improvements to Devonshire Green is to create a large green space that is open in character. Whilst the existing footways that cross the site will be stopped-up and the new footways are located around the edge of the grass, these footways are wide and at an easy gradient. Thus, they are considered likely to encourage pedestrians to use them, as they will be the most straightforward routes.

SUMMARY AND RECOMMENDATION

The proposed improvements to Devonshire Green will ensure the creation of a high quality public space within the Devonshire Quarter. It will deliver a large grassed area that is capable of accommodating future outdoor events with significant improvements to the accessibility of the Green and movement around it. The inclusion of the terrace area in the northeast corner of the site provides the potential for outdoor seating to add to the vibrancy of the locality. The proposed development is considered to accord with relevant policies set out in the Unitary Development Plan, as set out above, and is therefore recommended for approval subject to conditions.

Case Number 06/04145/FUL

Application Type A Full Planning Application

Proposal Demolition of existing buildings and erection of a new mixed use development comprising 8,388 square metres of retail space (Use Class A1), 2,731 square metres of leisure space (Use Class D2), an indoor market with ancillary facilities, a link bridge and student accommodation comprising approximately 1100 student bed spaces (As amended 5 January 2007)

Location Site Of 85 To 125 The Moor, 7-19 Cumberland Street, 6 Cumberland Way, 166 Eyre Street And 2 To 14 Earl Street Sheffield S1 4PG

Date Received 02/11/2006

Team CITY CENTRE AND EAST

Applicant/Agent NJL Consulting

Recommendation GRA/GC subject to Legal Agreement

Subject to:

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

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

2 Before the development is commenced, samples of all proposed external materials and finishes, including windows, fixings and any proposed amenity lighting to the facades, shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details, and shall not be carried out otherwise without the prior written approval of the Local Planning Authority.

In order to ensure an appropriate quality of development.

3 Before the external facings are fitted floor-to-ceiling sample panels at a scale of 1:1 of the following external facings shall be erected on site including any windows, grilles or other feature elements:

(i) Stone Cladding

70 (ii) Composite Cladding (iii) Aluminium Cladding (iv) Concrete Cladding (v) Copper Cladding (vi) Curtain Walling System and Glazing

The sample panels shall be approved in writing by the Local Planning Authority prior to the installation of the corresponding external facing material and shall be retained for verification purposes until the completion of such works.

In order to ensure an appropriate quality of development.

4 Notwithstanding the 1:50 sections submitted for approval, further modelling details at a scale of 1:20 of the items below shall have been approved in writing by the Local Planning Authority before the construction of the corresponding part of the building:

(i) Window Reveals (ii) Window Heads and Sills (iii) Floor Slab Edges (iv) Eaves, Verges and Soffits (v) Balconies (vi) Shutter Fitting to Service Entrance (vii) Louvres and Grilles (viii) Box Frames Features to Eyre Street and The Moor elevations (upper and lower edges)

Thereafter the works shall be carried out in accordance with such approved details, and shall not be carried out otherwise without the prior written approval of the Local Planning Authority.

In order to ensure an appropriate quality of development.

5 Large scale design details including details of materials and finishes at a minimum scale of 1:50 of the items listed below shall have been approved in writing by the Local planning Authority before the development is commenced:

(i) Canopies above entrances to market hall, shops and student accommodation (ii) Cladding to columns within the market hall entrance

Thereafter the works shall be carried out in accordance with such approved details and shall not be carried out otherwise without the prior written approval of the Local Planning Authority.

In order to ensure an appropriate quality of development.

71 6 Notwithstanding the drawings hereby approved, revised design details of the stone clad towers at the corners of The Moor/Cumberland Street and Cumberland Street/Eyre Street shall have been approved in writing by the Local Planning Authority before the development is commenced. Thereafter the works shall be carried out in accordance with such approved details and shall not be carried out otherwise without the prior written approval of the Local Planning Authority.

In order to ensure an appropriate quality of development.

7 Notwithstanding the submitted daylighting assessment, a revised daylighting assessment shall be submitted to and approved by the Local Planning Authority before construction work on the residential accommodation is commenced. Such revised daylighting assessment shall demonstrate that all habitable rooms to the residential accommodation are to be provided with daylighting to the following standard:

(a) Minimum average daylight factor of 3% (b) Minimum of 30% of average daylight factor at the back of all habitable rooms (0.3% uniformity factor).

Thereafter the residential accommodation shall be built in accordance with such revised daylighting assessment and shall not be built otherwise without the prior written approval of the Local Planning Authority.

In the interests of the occupiers of the proposed residential accommodation.

8 The development should not be used unless full details of the proposed refuse and recycling storage facilities to be provided to serve the development have been submitted to and approved in writing by the Local Planning Authority. The details shall include a method statement indicating how the facilities will be managed and serviced and how occupiers of the proposed development will be encouraged to maximise the use of the proposed recycling facilities to reduce general waste arising. Prior to the occupation of the proposed development the approved facilities shall have been implemented in conjunction with the approved method statement and shall thereafter be retained.

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

9 The development shall not be used unless suitable access and facilities for people with disabilities, both to and within the development and also within the curtilage of the site, have been provided in accordance with the approved plans, except for the following items revised details of which shall have been submitted to and approved by the Local Planning Authority before the use of the corresponding part of the development is commenced:

(i) All glass entrance doors to have manifestations and to be visibly distinguishable from adjacent glazing

72 (ii) All double entrance doors to have 800mm clear effective width to each door leaf (iii) Replacement of the level change in the lift approach at the Eyre Street market hall entrance with an alternative more accessible approach (iv) All external ramps and steps to have tactile surfaces top and bottom and handrails (v) External ramps to have maximum gradients of 1:15 at the length shown (vi) All sunken areas to the roof garden to be made accessible.

Such access and facilities shall be provided in accordance with the approved drawings and shall thereafter be retained. (Reference should also be made to the Code of Practice BS8300).

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

10 An accessible facility for the public hire of motor scooters shall be provided in Unit J on Earl Street to "shell and core" standard ready for occupation at the same time as the market hall, but before such provision is made further details of the access arrangements to Earl Street shall have been submitted to and approved by the Local Planning Authority.

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

11 Nothwithstanding the drawings hereby approved the residential accommodation shall not be occupied unless the following Mobility Housing features have been provided and thereafter retained:

(a) Doors to Mobility rooms to have effective clear width in accordance with BS8300 (Table 2), (b) Double doors wherever provided to have effective clear width in accordance with BS8300 (Table 2), (c) Lift cars to all residents' lifts to be 1500mm x 1500mm internal dimensions, (d) Lift lobbies to have a clear space of 1500mm x 1500mm in front of the lift doors, (e) Doors from lift lobbies to all flats to be fitted with a 300mm clear space adjacent to the leading edge of the doors, (f) Toilets for disabled visitors to be provided with lift/stair cores in accordance with details that shall have received the prior written approval of the Local Planning Authority,

And Mobility Housing features shall not be provided otherwise without the prior written approval of the Local Planning Authority.

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

12 The landscaping scheme shown on the plans shall be carried out within 1 month of the occupation of the residential accommodation or within an alternative timescale to be first agreed in writing with the Local Planning

73 Authority but before such landscaping is carried out further details of the following shall have been submitted to and approved in writing by the Local Planning Authority:

(i) Irrigation system and rainwater tanks (ii) Tree pits and planters (iii) Growing medium (iv) Study pods and screens

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 occupiers of the proposed residential accommodation.

13 The development shall not be used for the purposes hereby permitted unless the following have been installed and thereafter retained:

(i) Vegetated sustainable roofs to all residential blocks except where plant and equipment are shown on the drawings hereby approved (ii) Roofwater irrigation system to the landscaped roof garden (iii) Bird and bat boxes fixed to the residential blocks in accordance with details of numbers, type and location that shall have received the prior written approval of the Local Planning Authority.

In the interests of sustainability of the development and the area generally.

14 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.

15 No development shall take place without the prior implementation of a programme of archaeological work in accordance with a written scheme of investigation that shall first have been submitted to and approved in writing by the Local Planning Authority.

To ensure that any features of archaeological interest within or adjacent to the site are recorded prior to the commencement of the development and are protected during the carrying out of the development.

74 16 The residential accommodation hereby permitted shall not be occupied unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall:

a) Be based on the findings of an approved noise survey of the application site, including an approved method statement for the noise survey, b) Be capable of achieving the following noise levels: Bedrooms: LAeq 15 minutes - 30 dB (2300 to 0700 hours), Lmax 45 dBA Living Rooms: LAeq 15 minutes - 45 dB (0700 to 2300 hours), c) Include a system of alternative acoustically treated ventilation to all habitable rooms. All noise sensitive flats shall have a fully ducted system of mechanical ventilation.

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.

17 Before the use of the development is commenced a Validation Test (which shall include the operation of the service entrance from Cumberland Street) 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 future occupiers of the building.

18 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.

75 19 The noise level emitted from all externally mounted plant and equipment and vent extracts shall not exceed 10dB below the existing background level in all octave bands at the nearest noise sensitive windows.

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

20 The development shall not be used unless full details of fume extraction ducts from all sources in the building together with routing details of such extraction ducts and vents extracts have been submitted to and approved by the Local Planning Authority. Such fume extraction ducts shall be installed as approved and thereafter retained.

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

21 The roller shutter door to the service entrance on Cumberland Street shall be kept closed at all time when not in use for access and egress.

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

22 The roller shutter doors to the service entrance on Cumberland Street shall be fitted with hydraulic operation, and at no time shall they be chain operated.

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

23 The building shall only be serviced within the hours of 0600-2000 daily and shall not be serviced otherwise except with the prior written approval of the Local Planning Authority.

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

24 No movement, sorting or removal of waste bottles, materials or other articles, nor movement of skips or bins shall be carried out within the building between 2100 hours and 0700 hours daily.

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

25 The development shall not be used for the purposes hereby permitted unless all residential accommodation across Cumberland Street from the development has been provided with acoustic glazing and a ducted system or alternative mechanical ventilation in accordance with details that 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.

26 The development should not be used unless:

(a) full details of gas protection measures to enclosed areas have been submitted to and approved in writing by the Local Planning Authority, and

76 (b) the Land Contamination Remediation Works set out in Table 8 on page 17 of the Phase 2 Ground Investigation Report (06/3869) dated August 2006 by CC Geotechnical have been implemented in accordance with such approved details.

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

27 Within 21 days of the completion of the approved scheme of remediation works written verification that such remediation scheme has been completed as approved shall have been submitted to and approved by the Local Planning Authority.

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

28 Should any previously unsuspected contamination be encountered during the construction of the development the Local Planning Authority shall be notified within 1 working day of its discovery, together with the submission of a proposed remediation scheme, and the development shall not be used unless such remediation scheme, which shall have received the prior written approval of the Local Planning Authority, has been implemented in full in accordance with such approval.

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

29 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:

(i) Improvements to Eyre Street (Widening of carriageway, New bus lay by, Moving existing toucan crossing, New bus shelters including real time information) (ii) Improvements to Cumberland Street (Provision of new taxi rank, Modifications to existing rank, Works to The Moor junction including contraflow cycle lane, Bus gate enforcement measures, resurfacing of the footway abutting the site) (iii) Earl Street/Earl Way Improvements (Reconstruction of carriageway and footway adjacent to site) (iv) South Lane (Provision of taxi rank feeder lane, General traffic management measures to South Lane/Young Street) (v) VMS Works

77 to link the Multi- Storey Car Park to the existing city centre network and control room

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.

30 The development shall not be used unless 2.0 metres x 2.0 metres vehicle/pedestrian intervisibility splays have been provided on both sides of the egress 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.

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

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

32 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.

33 The development shall not be used unless the cycle parking accommodation 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 sustainable travel.

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

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

35 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

78 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.

36 Before the use of the service yard is commenced management proposals for the operation thereof shall have been submitted to and approved by the Local Planning Authority. Thereafter the service yard shall not be operated except in accordance with such approved proposals, and shall only be operated otherwise with the prior written approval of the Local Planning Authority.

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

37 Notwithstanding the Travel Plan submitted with the application and prior to the occupation of any part of the development, a revised 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;

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.

38 The development shall not be used for the purposes hereby permitted unless Car Club parking facilities have been provided and thereafter retained but before such facilities are provided full details thereof shall have been submitted to and approved by the Local Planning Authority.

In the interests of sustainable travel.

79 39 Notwithstanding the drawings hereby approved and before the development is commenced further large scale details of the position of the building in relation to existing plot and highway boundaries shall have been submitted to and approved by the Local Planning Authority.

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

40 Notwithstanding the drawings hereby approved no outward opening doors shall be fitted so as to open over the public highway, and before the development is commenced further drawings showing inward opening doors shall have been submitted to and approved by the Local Planning Authority.

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

41 Notwithstanding the drawings hereby approved, the development shall not be used unless:

(a) Revised details of all paving, planting, street furniture, cycle stands and other public realm improvements within the highway have been submitted to and approved by the Local Planning Authority, and (b) All public realm improvements have been installed in accordance with such approved revised details.

In order to ensure an appropriate quality of development.

42 Surface water discharge from the completed development site shall be restricted to a maximum flow rate 20% lower than existing, and surface water should not be discharged otherwise without the prior written approval of the Local Planning Authority. Before the development is occupied written confirmation shall be given to the Local Planning Authority that the necessary equipment has been installed on site to achieve the required restricted rate of discharge.

In order to mitigate against the risk of flooding.

43 Unless otherwise agreed in writing by the Local Planning Authority no building or other obstruction shall be located over or within 3.0 metres either side of the centre line of the sewer that crosses the site.

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

44 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.

45 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

80 buildings 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 discharge takes place until proper provision has been made for their disposal.

46 Surface water from the vehicle parking and hardstanding areas shall be passed through an interceptor of adequate capacity prior to discharge. Roof drainage should not be passed through any interceptor.

In the interests of satisfactory drainage.

Attention is drawn to the following justifications:

S3 - Development in the Central Shopping Core S10 - Conditions on Development in Shopping Areas H2 - Locations for Housing Development H7 - Mobility Housing H16 - Open Space in New Housing Developments GE24 - Noise Pollution BE7 - Design of Buildings Used by the Public BE8 - Access to Workplaces BE12 - Public Art T20 - Car Travel to the City Centre T21 - Car Parking T24 - Public Short-stay Car Parking

Attention is drawn to the following directives:

1. You are advised that consideration should be given at an early stage to the position of any proposed signs on the building such that signs appropriate to the design of the building may easily be accommodated.

2. You are advised that a Travel Plan to promote alternative modes of transport. should be provided and monitored for at least the first five years following the completion of the development. To ensure effective monitoring of the Travel Plan you should arrange and agree in advance who is to undertake the monitoring work on your behalf. If you wish the Council may

81 do this for a nominal charge. Please contact Paul Sullivan (Tel: 0114 205 3073) for details of the costs.

3. 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.

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

5. 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

6. 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.

7. You are advised that all necessary Traffic Regulation Orders and Road Closure Orders shall be confirmed in accordance with details that shall have been approved by the Local Planning Authority.

82 Site Location

LOCATION AND PROPOSAL

The site is bounded by The Moor, Cumberland Street, Eyre Street, and Earl Street. It is presently occupied by shops, offices, a public house and vacant industrial buildings. There is a fall of about 3m across the site from north to south.

The proposal is to erect a single large building consisting of:

- A market hall with 247 stalls having level access from The Moor via a glazed frontage 24m wide, and a mezzanine floor at the rear having a food court with 22 stalls accessed by escalators as well as lifts and stairs. The mezzanine will have a footbridge link over Earl Street to the nearby multi- storey car park, and the food court will have a glazed façade to Eyre Street giving light and good views. There will be a second main market access for

83 pedestrians from Eyre Street via stairs and lifts, the market floor being elevated on this frontage owing to falling levels.

The market entrance will have a double height void for the first 5 metres creating a spacious feel. Beneath the first floor shop over the entrance and below the rear mezzanine the ceiling will be lower at 4.5m. In the large central section with the escalators there will be a double height ceiling of 10m creating a sense of arrival in the heart of the market. In this area vertical columns have been reduced in number and horizontal beams eliminated to provide easy maintenance and the best possible sense of space.

The ground and first floors also accommodate traders stores and market offices.

- Six large shop units to The Moor frontage with 2 floors, and another first floor shop unit over the market entrance accessed by escalators, lift and stairs.

- A leisure unit at lower ground level on Eyre Street below the market hall.

- An enclosed service yard with access from Cumberland Street serving the rear of the market, shops and leisure unit, also to be used by arrangement for servicing the student accommodation above. An upper level above the service yard accommodates a considerable amount of plant and equipment necessary for the functioning of such a large building.

- Above the shops, market, service yard and plant room is a double concrete service deck with maintenance access between the floors 1.5m high. This extends over the entire site, providing a platform for the buildings above. It is to be 12m above street level at corner of The Moor and Earl Street, and 14m above the Eyre Street footway.

- On the concrete deck is accommodation for 1,097 students in 8 residential blocks from 4 to 8 storeys high. These are arranged variously parallel and perpendicular to the perimeter with a variety of architectural forms. Pedestrian access is at the corner of Cumberland Street and Eyre Street. Some of the higher roofs also have plant rooms.

The red line boundary of the site applied for includes all of the surrounding highways almost up to the buildings opposite to allow resolution of access and public realm improvements around the building.

RELEVANT PLANNING HISTORY

Planning permission was granted on 21 June 2006 for use of the industrial part of this site, together with the car park site across Earl Street as a temporary car park pending redevelopment. This is now unlikely to proceed.

84 Advertisement Consent was previously granted on 31 October 2005 for 6 non- illuminated advertisement hoardings on Cumberland Street and Eyre Street around the proposed car park.

Pre-Application Discussion

Early in 2003 the applicants suggested a site for the new Moor Market between Eyre Street and Cumberland Way/Earl Way, including land between Eyre Street and Earl Way. Earl Street would have been built over, with access through only during shopping hours. The car park would have been above the market with long ramps to gain the necessary height. This proposal was dropped as unworkable. The car park ramps and the closure of Earl Street were unsatisfactory, and the market hall was poorly arranged and lacked a frontage to The Moor.

Later, it was agreed to redevelop all the land between The Moor, Cumberland Street, Eyre Street, Earl Street and Earl Way. To be commercially viable new shops would be required on The Moor next to the market entrance with flats above on a double concrete service deck, and a separate multi-storey car park as now proposed. This arrangement solved the serious flaws in the first scheme.

Detailed discussions on the design of both buildings commenced in January 2006 and proceeded through regular monthly meetings, during which the overall design and quality of materials improved considerably. Difficult issues over the internal market layout, the quality of its internal space, the extent of the mezzanine floor and the width of the entrance to The Moor were resolved.

The present proposals are the result, and opened the way to the completion of the planning stage of the overall design. The applications for the Multi-Storey Car Park and Market Hall, Shops and Student Accommodation were submitted with some outstanding design points to be resolved on the external appearance of both buildings.

Alongside the planning discussions, a parallel series of commercial discussions are nearing completion. When signed the Development Agreement will provide the city with a market hall on a long lease, solving longstanding problems with the outdated and increasingly peripheral buildings at Castle Market.

A Planning Delivery Agreement has been signed by the Council and the applicants. This forms part of a national pilot project to help give more certainty to the determination of major applications. By means of workshop sessions and other contacts with the Planning Advisory Service, the parties have identified all the issues for pre-application discussion, a programme for their resolution, and a project structure to work within. Submission of the applications has been timed so that determination within 13 weeks is realistic.

Arising from the discussions, the applicants produced a Design and Development Framework for the whole of The Moor in 2004, indicating their general aspirations for the development of various sites together with public realm enhancements. The Council has supported this document for public consultation purposes, but has not adopted it as policy. As well as the market, the most notable feature is the

85 substantial increase in floorspace compared with existing, and the introduction of some office and residential accommodation.

Public Consultation

Public consultation on a draft of The Moor Design and Development Framework took place with Council support during early summer 2004 using exhibitions and a newsletter, carried out by public relations consultants PPS.

The consultation showed public enthusiasm for the regeneration of The Moor. The final document was revised to take account of specific concerns and supported by Cabinet in November 2004.

In March 2006 a presentation was made to the Access Liaison Group about the scheme being negotiated. In this period several discussions were held with local cycling representatives in view of the proposed closure of the cycle route along Cumberland Way. At intervals discussions were held with the market traders.

In September and October 2006 the negotiated scheme (together with proposals for the site between Charter Row, Rockingham Gate and The Moor) went out to public consultation using exhibitions, a DVD, a block model, display boards, a newsletter circulated to stakeholders, a telephone information line and a website. Exhibitions were held at The Moor (former bandstand), the Winter Gardens and at Castle Market. The latter is considered to go some way towards including hard-to- reach groups. Councillors and the local market traders were also briefed.

Of the 430 feedback forms returned 79% were in favour, providing positive feedback and additional comments. Only 11% gave completely negative feedback. A further 10% gave neither positive nor negative responses, preferring to make comments or raise questions. This level of public support is considered encouraging.

Since the application was received, the Council’s Statement of Community Involvement has come into use as part of the new-style development plan under the Planning and Compulsory Purchase Act 2004. Although pre-application public consultation remains voluntary, the SCI requires an assessment of it where appropriate.

The applicants’ pre-application consultation on both applications was agreed with the Planning service. A Consultation Assessment summarising the process accompanies the applications. The full public consultation on both applications for the Market Hall, Shops and Student Accommodation and for the Multi-Storey Car Park was carried out just before submission of the proposals negotiated with officers. Insufficient time was allowed before submission for revision in the light of public comments, as would be required by the SCI.

However, in view of the good public support for the proposals the process is nevertheless considered transparent and inclusive. Generally, the substantial additional pre-application consultation is considered to meet the Added Value Test in the SCI.

REPRESENTATIONS

One comment received:

- Welcome proposal; - Regret loss of existing facades, but new building in the spirit of the Urban Design Compendium; - Welcome white natural stone to The Moor elevation; - Welcome vertical pattern of glazing bars, which reflect Atkinson’s opposite; - Concern over splay corners, which should be full height of building, as others nearby; corners should be glazed; - Taller central blocks should be framed in granite; - Concern over dead frontage to Earl Street and Cumberland Street.

Two objections received:

- Insufficient consideration given to 50+ market traders on The Moor - 100 livelihoods at stake (Moor Traders’ Federation); - Loss of existing amusement centre; - Loss of existing suitably sized shop units in favour of larger ones; - Smaller shops as existing more compatible with proposed market; - Runs against proposed concentration of proposed retailing at Moorhead and Fargate, and would perpetuate dispersal; - Inconsistent with emerging Core Strategy - Preferred Option, which suggests Business uses in this area.

Petition with 19 signatures from Moor Market Traders:

- Loss of livelihood if stalls removed; - Would affect human rights of stallholders; - Stallholders interests ignored by Council, PPS and RREEF, but in discussions with Council; - Stallholders traded on The Moor continuously for over 20 years.

Objection from Sheffield Civic Trust:

“The current design of the new Markets building/student accommodation, Block 6, did not appear to have the same clarity, either of planning or design (i.e. as Block 1). Although the elevation to Eyre Street was relatively resolved and cohesive, the South facing elevation appeared to have suffered from too much tinkering, too many shapes and materials, to present a coherent external form. This building comprises the new market downstairs, and a large amount of student accommodation above. The SCT is concerned that the scheme does not meet key city strategies—that Sheffield becomes a city of European significance—a magnetic and cosmopolitan city. We believe that the city’s market has the potential to help meet this aspiration and yet the design is driven by pragmatic concerns. Little consideration appears to have been given to the internal space and the lack of natural light and ventilation may make it claustrophobic and unsustainable. The cosmopolitan aspect we think could be addressed by introducing diversity of use,

87 but the design at present is very disappointing as it struggles to resolve conflicting uses and fails to address both the internal quality of the market space and its external presence to the Moor. We suggest the “tinkering” to the design has not produced a building of sufficient quality and that a revised scheme be developed that matches the quality of Markets in comparable European cities, such as Barcelona or our nearer neighbour, Leeds.

“The SCT is aware that the resiting of the Market has been a sensitive issue. However, the design and content of the new building is important both to its financial prospects, but also to the pride that the City can take in this new facility. The SCT would be interested to see some of the internal detail to be further reassured on the strength of its design and attractiveness. Members noted that Savilles would be involved in the very important aspect of servicing the area to ensure high quality maintenance and cleanliness.

“The SCT intends to find out more about the vision for the new Markets in the hope of opening up a public dialogue about them. This is now a multi-cultural city, with an enthusiasm for farmers’ and continental markets, local produce, good food, and we are sure the populace would favour the traders being given the opportunity to create a market of European standing in fitting surroundings. We propose to request a meeting with Andy Ward, Markets Manager to this end.

“SCT members favoured the proposal that all the development schemes should be submitted for consideration to the Council’s Design Review Panel.

“SCT members were informed that there is an enthusiasm to retain a façade of Portland stone to buildings along the Moor. Some felt that bolder colour statements would be more acceptable to Sheffield in the 21st century.

“Finally, the SCT would be enthusiastic to support the commissioning of art, or contributions from artists in the redevelopment of the Moor. This would add distinctiveness, and excitement to the Moor and encourage cultural tourism. The SCT anticipates that the current owner might be interested in taking this idea further. In this context, The SCT would like to applaud the redesign of Sheffield Station and the quality of the public space.”

Objection from Sheffield Green Party:

- Will increase costs of essential foodstuffs for lower income users especially from north Sheffield; - Will increase journey times from north Sheffield; - Will further reduce publicly owned and controlled space; - Will increase climate changing emissions by encouraging car use for city centre shopping; - Will reduce space for local small traders by allowing penetration of national and multinational brands; - Will disrupt livelihood of existing Moor traders and possibly reduce their income at a new location;

If granted conditions should imposed requiring:

88 - Management plan for stallholder selection and retention that (i) Complies with Council policies seeking to reduce wealth inequalities by helping those on low incomes, (ii) Favours local traders against multiples, and against national and international stores, (iii) Ensures market meets diverse needs of all communities; - RREEF and Council to provide home delivery service for market customers, to reduce car use for shopping and support public transport; - Council to ensure minimal disruption to livelihood of existing Moor traders.

PLANNING ASSESSMENT

Policy

Policy S1 in the Unitary Development Plan promotes major retail development in the City Centre to encourage its regeneration to help develop and consolidate its role as the principal commercial centre of South Yorkshire.

The site lies within the Central Shopping Area in the Unitary Development Plan.

Policy S3 lists Shops, Food and Drink and Housing as preferred uses with Leisure and Recreation facilities and car parks as acceptable. Policy S10 requires that development should not (a) lead to a concentration of uses that would prejudice the dominance of the preferred uses, (b) cause residents or visitors to suffer from unacceptable living conditions including air pollution, noise or other nuisance or risk to health and safety, (c) where appropriate provide an environmental buffer to shield sensitive land uses, (d) be well designed and of a scale and nature appropriate to the site, (e) comply with policies for built and green environment, (f) be adequately served by transport, provide safe access to the highway network, appropriate off-street parking and not endanger pedestrians.

The Government’s Planning Policy Statement 6: Planning for Town Centres is also in force in addition to the UDP. It aims to strengthen shopping and other uses in central areas.

Policy S11 requires provision of access for people with disabilities, safe and easy pedestrian movements at ground level, and adequate car and cycling provision.

Policy H2 identifies the City Centre as a main location for housing. Policy H12 promotes housing in the city centre where it would create new sustainable communities that would not suffer from unacceptable living conditions, including air pollution, noise, other nuisance or risk to health and safety.

Policy H7 encourages a proportion of new housing to be designed as Mobility Housing for ease of use by people with disabilities.

Policy H16 requires a contribution from housing developers towards the provision or enhancement of local open space in the vicinity of the site.

89 Policy GE24 requires that development should not create noise levels causing a nuisance, and sensitive uses and noisy uses should not be located close together.

Policy BE7 requires safe, equal and easy access for people with disabilities to buildings used by the public. Policy BE8 promotes suitable access to workplaces where there are 20 or more employees especially reception and toilet facilities.

Policy BE12 encourages public art as an integral part of the design of major developments.

The site lies within the City Centre High Amenity Zone.

Policy T20 restrains car commuting into the city centre, and encourages improved car access to the city centre for shoppers, visitors and people with disabilities. Policy T21 states that car parking will be provided where it would (a) meet the operational needs of businesses, (b) be essential for the viability of new development, (c) enable ready access to the city outside peak hours, (d) improve the environment or safety of streets, and (e) meet the needs of people with disabilities. Levels of parking will be regulated to prevent excessive peak hour congestion.

Policy T24 also encourages public short stay parking in the city centre. It requires all major shop developments to include sufficient off-street short stay parking to meet its needs. It requires permanent public short stay parking to be located outside the City Centre High Amenity Zone.

The site lies within The Moor area in the Council’s City Centre Living Strategy. Guideline 11 allows night clubs or late night public houses in The Moor area provided they cause no effects upon residential amenity, and Plan 1 defines the area as one where night time leisure will be accepted.

Guideline 8 requires schemes of sound attenuation works to form part of developments that are potentially noisy, and states that permission will be refused where developments are unable through design, technical measures or separation to prevent noise and disturbance affecting residents.

Guideline 9 requires residential development to incorporate acoustically treated means of ventilation as an alternative to opening windows allowing sound and fume insulation to work at maximum efficiency. Low energy ventilation systems will be encouraged.

Guideline 12 requires city centre housing developers to provide (a) courtyards or roof gardens screened from street noise where possible, and (b) high quality multi- purpose open space nearby which the residents and the public can use, either by making a financial contribution or providing the open space themselves.

The Council’s Mobility Housing Supplementary Planning Guidance sets out requirements for visitability as well as mobility provision itself.

90 The Council’s Affordable Housing Interim Planning Guidance was approved by Cabinet 12 July 2006. Guideline G2 requires a proportion of affordable housing on the site except where a scheme provides substantial regeneration benefits or where other abnormal development costs and application of the guidance would make the scheme unviable.

Land Use

The proposed market, shops and flats comply with land use policy in the Unitary Development Plan, and the mixed use character will help transform the character of the area, bringing in new life after shopping hours. Although located at a distance from the main shops at Moorhead, Pinstone Street and Fargate, the proposal is considered to consolidate city centre shopping without detracting from the proposed New Retail Quarter.

Because the site is within the Central Shopping Area in the UDP, the proposal also complies with PPS6.

The proposed large scale housing will in practice reduce the area of The Moor that is considered suitable for night time leisure uses. The siting of such uses in future will need to take account of the student accommodation when built to provide any necessary separation required by Guideline 8 of the City Centre Living Strategy.

Affordable Housing

Commercial discussions with the applicant have made clear that providing a market hall amounts to “abnormal development costs” within the meaning of Guideline G2 of the Interim Planning Guidance. In these circumstances an affordable housing requirement would make the project unviable. The scheme will also create substantial regeneration benefits.

No affordable housing contribution is therefore required.

Design

Early objectives were to design out the concrete slab edge in prominent positions, to repeat the Portland Stone characteristic of existing buildings on The Moor, to ensure that the main corner elements are visually grounded, to break down the large mass of the building, and to secure the use of good quality materials throughout. These have all been achieved. In addition the existing splay corners on The Moor have been retained at ground level. All habitable rooms are to have adequate daylighting.

The façade to The Moor will fit well into its surroundings, with glazing to the shops complementing the Portland Stone. In particular the market hall has an attractive glazed entrance in an important position close to a department store and supermarket, these being the principal retailers in this area. A glazed canopy runs the whole length above the shops, with a higher canopy to emphasise the market. At upper level the central student flats are in 4 and 5 storey blocks above podium

91 level with a glazed lower floor. The two higher blocks brought forward to give added interest.

At each end of the Moor façade the blocks are of 5 and 6 storeys above podium level, with vertical lines through to ground level so as to appear as distinct elements.

The Eyre Street elevation has a large glazed wall with louvres to the rear of the market, identified with a distinctive surround in patinated copper. The leisure unit below is fully glazed, and dark coloured cladding completes the market element. Above the podium five storey student blocks are sited end on to Eyre Street, faced with a dark frame to match two of the projecting blocks facing The Moor. The student accommodation studio units appear as a tower in glazed curtain walling and Portland Stone above the main residential entrance, the whole making a pleasing composition when approached from the ring road.

To Earl Street the market is expressed by the copper returning round the corner, with a large glazed area next to the bridge link to the car park. A second glazed section adjoins The Moor corner, expressing the first floor shop unit. Above ground level facings are in coloured composite cladding panels, with expression given to the former position of Cumberland Way. At ground level active frontage is provided by the leisure unit, disabled scooter hire unit and market entrance, all faced in glass. Elsewhere facing is in concrete panels where active frontage is not possible owing to internal floor levels.

On Cumberland Street the end corners are marked by towers in Portland Stone with glazing and composite panelling, with a second block of studio flats adjoining the Eyre Street corner. Concrete and composite panelling is used to face the remaining elements except for the service door, powder coated aluminium louvres to the plant room and ventilation grilles.

On all elevations the student flats are faced in composite cladding panels of varying colours, with staggered window positions and projecting sections in certain places. All of this makes for a busy appearance, avoiding uniformity and providing interest.

In most situations, daylighting is shown to be satisfactory by the submitted assessment. However the assessment makes no reference to the reflectivity of the external facings to the blocks. The student blocks are generally well spaced with flank walls facing each other mostly at 24m and 18m. With the heights proposed there will be adequate daylight reaching ground floor rooms over the tops of the blocks opposite.

Some end walls with windows face other flanks at closer distances. In such situations adequate daylighting will be achievable provided lighter colour facings are used. This needs to be demonstrated and is reserved by condition.

There is much to be pleased with in the variety of design and the lively appearance of the building, considering its scale and the massive character of the market hall.

92 Much has been done to relieve the more difficult end elevations, and the design can confidently be supported.

There are a number of remaining issues concerning the details and samples of materials, their colour, arrangement, modelling of facades and these can be satisfactorily resolved by condition.

Bins and Recycling

Separate refuse areas for the market and shops are provided under cover within the ground floor service yard. Each has its own compactor. The residential accommodation has its own ground floor bin store with access from the service yard. Details of separation and recycling arrangements are required by condition.

Access for People with Disabilities

The market hall is accessible throughout, and the remainder of the building has addressed disabled access in many ways. However there are some outstanding points to be resolved by condition.

Manifestations to glass entrance doors should be provided, and the doors should be distinguishable from adjacent glazing. The double market entrance doors on Eyre Street should be confirmed as having 800mm effective clear width to each door leaf. There is an unnecessary change in level in the lift approach to the market entrance from Eyre Street. All external steps and ramps should be provided with tactile surfaces top and bottom and handrails and otherwise comply with BS 8300 and Council’s own requirements. The ramp gradients should not exceed 1:15 at the length shown.

An accessible room for the public hire of motor scooters is proposed on Earl Street with lift access to the multi-storey car park and market hall. This should be provided as proposed and retained in accordance with details to be submitted.

Within the market there are some improvements required to the, disabled toilet arrangements and handrail provision. These are being covered separately from the planning application.

The roof garden contains some sunken areas that are inaccessible to people with disabilities. A condition requires this to be remedied.

Mobility Housing

A satisfactory proportion (5%) of student rooms are provided to Mobility Housing standards. The rooms are generally well distributed throughout the blocks. However, some doors are too narrow, lift cars and lobbies need to be compliant, clear manoeuvring space is needed to doors from lobbies to flats, and some disabled toilet provision is required to help with visitability. These are covered by condition.

93 Roof Garden for Residents

The design shows much imagination, providing tree planting with shrubs, climbers and other plants, and varied surface treatments including timber decking, paving and coloured rubber. There are several kinds of outdoor relaxation areas, such as study pods, sunken paved areas, hammocks and an informal performance space as well as lawns. Their provision is confirmed by condition, together with details of rainwater irrigation, tree pits and planters, growing medium, walls, fences, pods and other structures.

Sustainability

The central location makes use of existing public transport infrastructure, and the extra floorspace for mixed use will help promote efficient land use patterns.

The building has many sustainable features that will help offset the use of concrete and the need for mechanical heating and cooling, especially of the market hall.

Energy efficient glazing, roof and wall insulation will be used. Roof water will be used to irrigate the intensive roof garden at podium level. Plants are to be chosen that will do well without frequent watering, with native species of local provenance wherever possible. In addition, extensive green roofs are proposed to the student blocks except where plant and equipment are to be sited. Bat and bird boxes are to be installed at high levels, increasing biodiversity. This will help reduce the heat island effect in a part of town seriously lacking in greenery. Surface water discharge is to be limited to greenfield rates.

There will be refuse and recycling points at podium level for the residents, and separation, compaction and storage facilities in the service yard.

It is intended to connect to the City’s combined heat and power scheme, which will substantially reduce the carbon footprint of the development. Negotiations are proceeding well. The district heating mains are unlikely to be put along The Moor owing to shortage of room and logistical difficulties.

A waste management plan during construction will be adopted. Prefabricated structures (e.g. student flats) will minimise energy use during construction. Recycled aggregates of local origin will be used wherever possible.

The above are both welcome and necessary, and where appropriate confirmed by condition.

Public Art

No proposals have been made, and this requirement is covered by condition for later determination. Options include provision at the market entrances, perhaps in combination with glazing, and provision as part of public realm enhancements.

94 Archaeology

The desktop assessment submitted with the proposal confirmed that The Moor area has potential for remains of industrial archaeological interest, with some potential for earlier remains relating to the former Sheffield deer park. However, development in the 1950’s and 1960’s is likely to have had a significant impact on such remains.

The applicants have carried out a limited on-site investigation under the guidance of the South Yorkshire Archaeological Service. This confirms that earlier archaeological levels do survive on the site. Whilst limited, this work indicates that ground disturbance could have an archaeological impact. Accordingly, an approved scheme of archaeological investigation and recording is required by condition.

Flood Risk

The submitted Flood Risk Assessment is considered acceptable. The site is outside Flood Zone 2 (medium to high risk of flooding) from the Porter Brook. However, restriction of surface water run-off by 20% is required to prevent flooding around the point of discharge to the Porter Brook.

Air Quality

The submitted report indicates that air quality levels will be affected by the development mostly owing to altered traffic flows. Some areas will experience marginal improvements and others marginal deterioration. Overall however air quality levels will not be greatly affected. This is considered acceptable.

Noise

The submitted noise report measures the existing noise climate, and identifies traffic noise as the principal noise source. It places the facades facing Eyre Street within Category C for both day and night time, and those facing Cumberland Street, The Moor and Earl Street in Category B for both day and night time owing to the lower levels or absence of traffic flow.

Whilst this assessment is acceptable, the report does not address sound attenuation satisfactorily in all respects. It states that standard thermal double glazing will provide satisfactory attenuation, although this is not borne out by experience especially where low frequencies are common.

The student flats on the upper deck create an enclosed space, and late night disturbance can be expected by some students in their rooms as others return home after 2300 hours. The outdoor performance space shown on the landscaped deck is also a concern. In addition noise can be expected from externally mounted plant and equipment and the vent extracts on the deck. This will need to be attenuated at source as far as possible. Any residual noise should be attenuated by acoustic glazing to the flats supported by alternative ducted mechanically assisted ventilation.

This standard is considered necessary to all habitable rooms. With large numbers of residents on site the surrounding streets can be expected to be noisier late at night than at present.

The service entrance to Cumberland Street will be used daily from before 0600 hours as the market traders arrive. The Castle Market receives a delivery each morning about 0430 hours by articulated lorry, and this is expected to continue. The opening of the roller shutters, engine noise and possibly human voices are known to cause significant disturbance if not satisfactorily attenuated.

As well as the proposed student flats facing Cumberland Street, residential accommodation across Cumberland Street will be equally affected. These buildings are owned by the applicants.

All the above points are covered by conditions to provide the necessary higher standard of attenuation than that proposed.

Land Contamination

Phase 1 and Phase 2 ground investigation reports have been submitted, giving results of trial boreholes drilled on site. As the site is almost completely built at present, and will be totally covered when the development is complete the report is considered satisfactory.

However the report states that the escape of ground gas will need to be dealt with so as to avoid build up in confined spaces. This is considered to apply to the multi- storey car park as well as the main market site, as the former also has some enclosed areas separate from the ventilated car decks. This is covered by conditions requiring remediation works and verification.

Highways – Traffic Flows

The submitted Transport Assessment assesses the additional traffic movements produced by both applications for the Multi-Storey Car Park and the Market Hall, Shops and Student Accommodation taken together. It shows an increase of 187 vehicles in the morning peak and 202 in the evenings. The figure will be somewhat higher on Saturday mornings, but this is considered less critical than weekdays.

This Assessment assumes a “worst case”. Taking into account the loss of the existing potential of the sites to generate traffic, and the loss of traffic to the existing Castle Market, the net effect is reduced.

The development has also been assessed using the Council’s own traffic model for the City Centre. The model was run both with and without the New Retail Quarter to give a clear indication of where the significant impacts would be.

Without the NRQ the proposals had a mixed impact on the highway network, with some routes showing a modest increase in traffic flows (most routes only 1-5%) and others actually showed a reduction. This is because some trips re-routed to

96 reach the new Multi-Storey Car Park. With the NRQ, it was clear that the development had only a slight impact on the local road network compared with the more substantial NRQ.

Three junctions on the Inner Ring Road (Eyre Street, Moore Street and Brook Hill) are already congested, and the development will add some further trips through these junctions. The applicant has agreed to contribute £63,000 to the improvement of these junctions by Unilateral Planning Obligation under Section 106 attached the accompanying multi-storey car park application. This is a similar sum as that secured for the NRQ.

Highways – Road Closure

The market, shops and flats development will require the closure of Cumberland Way with its cycle route. This will be rerouted along Eyre Street continuing back to Earl Way via Earl Street between the two buildings. Earl Street will be closed to vehicular traffic except for a service vehicle turning head at its junction with Earl Way, and emergency access across The Moor to buildings on Holy Green. Earl Street is otherwise to be pedestrianised.

To mitigate the loss of the existing cycle route, the developer is required to provide a contra-flow cycle on Cumberland Street across The Moor.

The multi-storey car park will require the closure of part of Union Lane.

Highways – Parking Provision

All the parking for the market, shops and flats is provided in the adjoining multi- storey car park. This includes disabled spaces for the student accommodation, as there is no room closer to the pedestrian entrance. The bus gate on Cumberland Street and the traffic lights at the Eyre Street junction limit what can be provided. The ground floor of the multi-storey car park accommodates spaces for 31 Market traders vans.

The proposal is for 70% of the multi-storey spaces to be for public short stay use. Of the remainder some will be for market staff and stallholders, and the rest operational parking for new businesses as The Moor is regenerated. On the multi- storey car park application, a management plan is required by condition to ensure that it is not used by commuters, and also connection to the Council’s car parking information signage scheme (variable message system).

Secure under cover long stay cycle and motorcycle parking is to be provided and conditioned.

Highways – Taxi Rank

Additional demand for taxis is to be catered for by means of a new rank on Cumberland Street and a feeder rank on South Lane.

97 Highways – Pedestrian Facilities

The development will have a major impact upon pedestrian movements. The proposed public realm improvements will greatly assist, but there is a need for improved signage. The applicants have agreed to contribute a sum of £77,000 by Unilateral Planning Obligation towards the Council’s Sheffield Connect scheme.

Highway – Site Access

All access to the market, shops and flats is via the service entrance on Cumberland Street. Management proposals for the control and operation of the service yard are required by condition.

A new access is proposed from Eyre Street to serve the multi-storey car park. This will require an existing bus lay by to be altered. Egress will be to Earl Way. The existing pedestrian crossing on Eyre Street will need to be moved, and a new bus lay by will be provided south of Earl Street. The revised bus stops have been agreed with the South Yorkshire Passenger Transport Executive. Existing shelters on Cumberland Street are already being upgraded, and the new bus stops on Eyre Street will need shelters.

Highways - Travel Plan

The submitted Travel Plan is not considered acceptable as it stands. It is undergoing revision in order to improve sustainable travel modes for employees, shoppers and residents. In particular, a full time Travel Plan Co-ordinator for the whole of The Moor will be needed as regeneration progresses. This is covered by condition and a directive

Highways – Temporary Works

During construction temporary traffic management works will be required on The Moor itself and on adjacent roads; this is unavoidable with a project of this scale. Details are required by condition.

Highways - Car Club

A number of club parking spaces have been negotiated in connection with the development, with spaces likely to be provided on Earl Way. This is confirmed by condition.

Public Realm Improvements

The site boundary includes the carriageways and footways of all the surrounding streets. This will not only resolve the necessary highway improvements to provide access to the new car park, but also enable repaving, planting, new street furniture, and cycle stands to a secondary palette standard in line with the Urban Design Compendium, with primary palette standard on The Moor. This is secured by condition.

98 The planting, paving and so on are proposals only at this stage and are subject to further detailed discussions, also confirmed by condition.

Financial Contributions

A sum of £77,000 has been agreed as a contribution towards Sheffield Connect pedestrian signs in the vicinity of the site. This is secured by Unilateral Planning Obligation under Section 106.

For public open space a sum of £704,445 would have been required under Policy H16 and the City Centre Living Strategy towards the provision of local open space in the form of enhancements to The Moor. However, substantial public realm improvements at greater cost are under separate negotiation. There is no requirement therefore for this sum to be secured under Section 106.

Environmental Impact Assessment

An EIA is submitted with the application. By prior agreement under the EIA Regulations its scope extends to transport and accessibility and air quality only. This because the development has the potential to affect significantly traffic and air quality as a result of changes to traffic flows. All other issues are scoped out.

The EIA has assessed the potentially significant environmental effects of the proposed Market, Shops, Student Accommodation and Multi-Storey Car Park both alone and in combination with two other proposed developments. These are Block 1 at The Moor/Rockingham Gate/Charter Row, at present the subject of another application, and the New Retail Quarter, outline planning permission granted.

The assessment has shown that in combination with Block 1 there will be no significant effects on traffic flows and air quality. In combination with the NRQ however moderate adverse highways impacts are predicted owing to the increase in traffic flows arising from the new car parking provision in the NRQ. Cumulative air quality impacts are expected to be negligible.

The earliest date at which cumulative traffic impacts can be expected is 2012, when all the assessed developments are likely to be complete.

The moderate highways impacts are to be mitigated by improvements to three junctions on the Inner Ring Road as described above.

Response to Representations

Most of the issues raised in the representations are covered in the main body of the report.

The final layout of The Moor is not resolved (see report), and location of Moor Market is being resolved separately from both present applications. Planning permission is not required to remove the outdoor market stalls and this issue is under separate consideration by the Markets section of the Council.

99 The loss of an amusement centre is not a reason for refusal and smaller shop units not a planning requirement. Emerging polices are under discussion and not adopted. They carry no formal weight at this stage. No other site possible for a new market of this scale.

Sheffield Civic Trust: (1) Agree design has been driven by practical considerations amongst other things, owing to complexity of issues; (2) Agree that Eyre Street is the most coherent elevation; (3) Accept that other three elevations have many elements, but this may not be excessive; (4) Internal market space is outside planning control, but design did improve during negotiation, omitting many columns and beams initially proposed; (5) A glazed roof to the market would be difficult operationally; (6) The market has a high quality entrance to The Moor; (7) Overall design is considerably better than the existing buildings, especially away from The Moor where they have no visual worth; (8) Agree Portland Stone is very pleasing; (9) Colour of panels is conditioned; (10) Public art is required by condition; (11) Range of produce sold is not a planning matter;

(12) In conclusion: The word “cosmopolitan” is vague. However the substantial extra floorspace will increase pedestrian footfall compared with the present. This enclosed market is different from older counterparts in Barcelona and Leeds, which are largely single use buildings. The comparison with Sheaf Square in Sheffield is of doubtful validity. This mixed use project is an unusual combination and needs to be assessed as a whole on its own merits, which are considerable.

Many of the Sheffield Green Party objections are not planning matters and other issues are covered in the report.

CONCLUSION

This complex development successfully resolves many conflicting requirements. The integration of a single level accessible market hall into such a building has not been easy, but this has been achieved by making the most of the rear of the site and without affecting the suitability of the welcome new retail units. The food court at mezzanine level will provide a new facility for this part of the city centre. The new shops will provide enhanced opportunities complementing both the market hall and other city centre shops, and in due course the New Retail Quarter.

The student accommodation will be another new element in this hitherto non- residential part of town, stimulating the general level of activity and helping to bring forward other new activities as has occurred elsewhere. The lower ground floor leisure unit is likely to provide an example of this additional activity.

The development as a whole has many good design features with its varied appearance and materials specification that is well above average, repaying the considerable effort put in before submission. Although large, much has been done to help the building fit in to and enhance its immediate surroundings. Both The Moor and the Castle Market area can look forward to a new stage of revival once this long awaited project is built.

100 RECOMMENDATION

Grant subject to the recommended conditions, and subject to the owner submitting a Planning Obligation under Section 106 with the following Heads of Terms:

1. The Owner shall pay to the Council on or before the commencement of the use the sum of £77,000 towards Sheffield Connect pedestrian signs in the vicinity of the site. 2. In the event of the development being unreasonably delayed the sum due shall be increased in line with inflation over the period of such delay.

101

Case Number 06/04146/HDZ

Application Type Harardous Substances Application

Proposal Temporary storage of acids (20 tonnes very toxic, 200 tonnes toxic)

Location Castle Waste Services Limited Arden Works Bacon Lane Sheffield S9 3NH

Date Received 26/10/2006

Team CITY CENTRE AND EAST

Applicant/Agent Castle Waste Services Limited

Recommendation Grant Conditionally

Subject to:

1 The use of the site for the storage of hazardous substances above the controlled quantities as set out in the Hazardous Substances Regulations shall cease on or before the 1st February 2010.

In order that the storage of hazardous substances does not prejudice the Council's objectives of a housing lead regeneration of the surrounding area as set out in the Attercliffe and Darnall Neighbourhood Development Framework by creating a unacceptable health and safety risk.

2 The hazardous substances shall not be kept or used other than in accordance with the application particulars provided in Form 1, nor outside the areas marked for storage of the substances on the plan, which formed part of the application.

In the interest of the health and safety of the surrounding population.

Attention is drawn to the following justifications:

1. The decision to grant hazardous substance 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.

MU7 - Attercliffe Mixed Use Area MU11 - Conditions on Development in Mixed Use Area

102

Site Location

LOCATION AND PROPOSAL

The application site is an industrial building located within an industrial area of Attercliffe. To the north west the site adjoins the Sheffield and Tinsley Canal, to the northeast and southwest there are other engineering and waste recycling uses. To the southeast there is a recreation ground that comprises of a grassed level area surrounded by trees and shrubs, which does not contain any formal sports or

103 recreation facilities. There is no obvious residential accommodation near the site other than the occasional isolated flat above a public house or shop and even these appear to be some distance from the site.

The application seeks permission to store up to 20 tonnes of very toxic substances and up to 200 tonnes of toxic substances on the site. The applicants receive waste chemicals, which are neutralised by mixing with lime. The solids are filtered and then taken to landfill and the liquids can be discharged to the sewer. The same substances are already stored on site but the consent will allow greater quantities to be stored providing the applicant with greater flexibility in their operations. The substances are delivered by chemical tankers to a point on Ripon Street and are transferred into enclosed tanks within the building.

SUMMARY OF REPRESENTATIONS

No representations have been received from neighbours.

The Council is required to carry out certain statutory consultations and the replies received are summarised below.

The Health and Safety Executive Risk Assessment and Process Unit have assessed the risks to the surrounding areas from the likely activities resulting from the granting of the proposed Hazardous Substance Consent. They have concluded that the risks to the surrounding population arising from the proposed operations are so small that there are no significant reasons, on safety grounds, for refusing Hazardous Substance Consent. They have suggested conditions, which will ensure the substances are kept in accordance with the details set out in the application and in the areas marked on the plans. These suggestions have been incorporated into a condition. They have also identified Hazardous substance consultation zones, which extend approximately 250m from the site. Within these zones the Council will be required to consult the Health and Safety Executive about certain types of development in order for the safety implications to be considered.

When making their comments the Health and Safety Executive do not take into account development that has planning permission but which has not been built. They were provided with information on a potential housing lead regeneration scheme that forms part of the Neighbourhood Development Framework, (see below). They have commented that the granting of this consent could have serious implications for the future development of land within the vicinity of the application site.

The Environment Agency has raised no objections to the proposals.

British Waterways have raised no objections to the proposals.

PLANNING ASSESSMENT

Policy Issues.

104 The application site lies in the Attercliffe Mixed Use Area as identified on the UDP proposals map. Preferred uses are Business, Hotels, Residential Institutions, housing and hostels. General Industry, warehouses and scrap yards are unacceptable and proposals not referred to in the policy will be considered on their merits, (policy MU7). In this case the existing use of the site is a waste transfer use however the proposal does not change the use or increase its extent. However the proposal has the potential to impact on the development potential of the adjoining sites. Policy MU11 states that the development must not cause residents to suffer from unacceptable living conditions, including risk to health or safety. The Health and Safety Executive have assessed the risks to safety, see above, therefore under the current circumstances the proposal is not contrary to UDP policy.

The site and the land to the southeast falls within a proposed housing lead mixed- use project in the Attercliffe Darnall Tinsley Neighbourhood Development Framework (NDF). The NDF is at the Draft Final stage and is likely to go to Cabinet by Summer 2007. Clearly this proposal has the potential to prejudice this project or parts of it.

Health and Safety Issues.

The purpose of the Hazardous Substance consent controls is to assess the risk of an accident and its consequences for people in the surrounding area and the environment. Even when all necessary precautions have been taken under the Health and Safety at Work Act there will remain a residual risk of an accident, which cannot entirely be eliminated. It is for the local planning authority to consider these issues with advice from the Health and Safety Executive. As will be noted from this report the Health and Safety Executive have advised that there are no significant safety risks based on the current situation. However they have indicated that permitting the development could have serious implications for the Councils planning objectives for the surrounding land. In order to test this out further an appraisal using Health and Safety Executive software has been carried out of a development proposal for the adjoining land that incorporates housing. This indicates that if the Hazardous Substance permission were granted it is likely the Health a and Safety Executive would advise against granting planning permission for housing on the adjoining site. As the housing lead regeneration scheme is unlikely to come to fruition for some time it is considered that there is no reason why a temporary consent could not be issued to tie in with the expected timescale for development of the regeneration scheme. This has been discussed with the applicant and they are agreeable to a temporary consent as they are confident that the new investment associated with the proposal can be relocated to one of their alternative sites should permission not be renewed in the future.

Amenity Issues.

The hazardous substances are transferred directly between a tanker to the enclosed storage tanks within the building therefore there is no reason why any fumes etc should affect the amenity of any adjoining sites.

105 SUMMARY AND RECOMMENDATION

There are considered to be no safety reasons at present why temporary permission cannot be granted for hazardous substance consent. However as a permanent consent would be likely to prejudice the Council’s longer term regeneration aims for the area a temporary consent is proposed. This will allow the Council to review whether it is appropriate allow the consent to be renewed in the light of progress with the regeneration proposals.

106

Case Number 06/04147/FUL

Application Type A Full Planning Application

Proposal Demolition of buildings and erection of a multi-storey car park (As amended 28th December 2006 and 5th January 2007)

Location Site Of 9-33 Earl Street, 150-156 Eyre Street, 'SWAG' Warehouse, Earl Way/Union Lane Sheffield S1 4PY

Date Received 31/10/2006

Team CITY CENTRE AND EAST

Applicant/Agent NJL Consulting

Recommendation GRA/GC subject to Legal Agreement

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

3 Within one month of the development being commenced a sample panel 3m high and 5m wide of the proposed facing panels and grilles shall be erected on the site and shall illustrate the arrangement of the stand-off panels and grilles of varying widths including across the floor/ceiling boundary. 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.

107 4 The development shall not be used for the purposes hereby permitted unless the building has been built and equipped to a standard consistent with "Secured By Design" (Park Mark) of the Association of Chief Police Officers, and written evidence of such has been submitted to and approved by the Local Planning Authority.

In order to ensure an appropriate quality of development.

5 The devleopment should not be used unless full details of the proposed refuse and recycling storage facilities to be provided to serve the small office have been submitted to and approved in writing by the Local Planning Authority. The details shall include a method statement indicating how the facilities will be managed and serviced and how occupiers of the proposed development will be encouraged to maximise the use of the proposed recycling facilities to reduce general waste arising. Prior to the occupation of the proposed development the approved facilities shall have been implemented in conjunction with the approved method statement and shall thereafter be retained.

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

6 The development should not be used unless:

(a) full details of gas protection measures to enclosed areas have been submitted to and approved in writing by the Local Planning Authority, and

(b) the Land Contamination Remediation Works set out in Table 8 on page 17 of the Phase 2 Ground Investigation Report (06/3869) dated August 2006 by CC Geotechnical have been implemented in accordance with such approved details.

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

7 Within 21 days of the completion of the approved scheme of remediation works written verification that such remediation scheme has been completed as approved shall have been submitted to and approved by the Local Planning Authority.

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

8 Should any previously unsuspected contamination be encountered during the construction of the development the Local Planning Authority shall be notified within 1 working day of its discovery, together with the submission of a proposed remediation scheme, and the development shall not be used unless such remediation scheme, which shall have received the prior written approval of the Local Planning Authority, has been implemented in full in accordance with such approval.

108

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

9 The development shall not be used unless suitable access and facilities for people with disabilities, both to and within the development and also within the curtilage of the site, have been provided in accordance with the approved plans. 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.

10 No externally mounted plant or equipment for heating, cooling or ventilation purposes, nor grilles, ducts, vents for similar internal equipment, shall be fitted to the building unless full details thereof have first been submitted to and approved by the Local Planning Authority, and once installed such plant or equipment should not be altered without prior written approval of the Local Planning Authority.

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

11 No development shall take place without the prior implementation of a programme of archaeological work in accordance with a written scheme of investigation that shall first have been submitted to and approved in writing by the Local Planning Authority.

12 No part of the building shall project over the public highway at a height less than 2.4m above the footway adjoining the building.

In the interests of pedestrian safety.

13 The development shall not be used for the purposes hereby permitted except in accordance with a scheme of car park management that shall first have been submitted to and approved in writing by the Local Planning Authority.

In order to comply with car parking policies in the Unitary Development Plan.

14 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

109 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:

(i) Improvements to Eyre Street (Widening of carriageway, New bus lay by, Moving existing toucan crossing, New bus shelters including real time information)

(ii) Earl Street/Earl Way Improvements (Reconstruction of carriageway and footway adjacent to site)

(iii) VMS Works to link the Multi-Storey Car Park to the existing city centre network and control room

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.

15 The development shall not be used unless 2.0 metres x 2.0 metres vehicle/pedestrian intervisibility splays have been provided on both sides of the egress 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.

16 The development shall not be used unless all redundant accesses 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.

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 The development shall not be used unless the cycle parking accommodation for 26 cycles as shown on the approved plans has been provided in accordance with those plans and, thereafter, such cycle parking accommodation shall be retained.

110 In the interests of sustainable travel.

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

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

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

In the interests of the safety of road users.

21 Surface water discharge from the completed development site shall be restricted to a maximum flow rate 20% lower than existing, and surface water should not be discharged otherwise without the prior written approval of the Local Planning Authority. Before the development is occupied written confirmation shall be given to the Local Planning Authority that the necessary equipment has been installed on site to achieve the required restricted rate of discharge.

In order to mitigate against the risk of flooding.

22 Unless otherwise agreed in writing by the Local Planning Authority no building or other obstruction shall be located over or within 3.0 metres either side of the centre line of the sewer that crosses the site.

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

23 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.

24 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 the completion of the approved foul drainage works.

111 To ensure that no foul or surface water discharge takes place until proper provision has been made for their disposal.

25 Surface water from the vehicle parking and hardstanding areas shall be passed through an interceptor of adequate capacity prior to discharge. Roof drainage should not be passed through any interceptor.

In the interests of satisfactory drainage.

26 A minimum of 5 of the designated disabled parking bays shall have a headroom clearance of at least 2.6 metres unless otherwise authorised in writing by the Local Planning Authority.

In order to ensure their full accessibility.

Attention is drawn to the following justifications:

S3 - Development in the Central Shopping Core S10 - Conditions on Development in Shopping Areas BE7 - Design of Buildings Used by the Public T20 - Car Travel to the City Centre T21 - Car Parking T24 - Public Short-stay Car Parking

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. 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. 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

112 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

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

5. You are advised that all necessary Traffic Regulation Orders and Road Closure Orders shall be confirmed in accordance with details that shall have been approved by the Local Planning Authority.

113 Site Location

LOCATION AND PROPOSAL

The site is bounded by Eyre Street, Earl Street and Earl Way, and on the north east side adjoins land occupied by an electricity substation, car park and night club. The existing commercial buildings on the site have recently been demolished. Part of Union Lane is to be closed.

The proposal is to erect a 10 storey multi-storey car park forming part of the proposed development of a Market Hall, Shops and Student Accommodation on the nearby site across Earl Street, which is the subject of a separate application. The proposed multi-storey car park will be linked by a pedestrian bridge across Earl Street giving direct access into the Market Hall at mezzanine level.

114 The ground floor will accommodate 31 vans for market traders, a publicly available covered and secure cycle park, and offices to administer the car park. The upper floors will accommodate 652 parking spaces including 45 disabled spaces on levels 1-9, making a total of 685 spaces in all. 70% are to be for public short stay parking. Public safety in the building is intended to meet the “Secured By Design” standard. 9 motorcycle spaces will also be provided.

The red line boundary of the site applied for includes all of Earl Street, part of Earl Way and part of Eyre Street as far down as Cumberland Street to allow resolution of access and public realm improvements around the building.

RELEVANT PLANNING HISTORY

Planning permission was granted on 21 June 2006 for use of this and the industrial site across Earl Street as a temporary car park pending redevelopment. This is now unlikely to proceed.

Advertisement Consent was previously granted on 31 October 2005 for 6 non- illuminated advertisement hoardings on Cumberland Street and Eyre Street around the proposed car park.

Pre-Application Discussion

Early in 2003 the applicants suggested a site for the new Moor Market between Eyre Street and Cumberland Way/Earl Way, including this site. Earl Street would have been built over, with access through only during shopping hours. The car park would have been above the market with long ramps to gain the necessary height. This proposal was dropped as unworkable. The car park ramps and the closure of Earl Street were unsatisfactory, and the market hall was poorly arranged and lacked a frontage to The Moor.

115 Alongside the planning discussions, a parallel series of commercial discussions are nearing completion. When signed the Development Agreement will provide the city with a market hall on a long lease, solving longstanding problems with the outdated and increasingly peripheral buildings at Castle Market.

Public Consultation

The consultation showed public enthusiasm for the regeneration of The Moor. The final document was revised to take account of specific concerns and supported by Cabinet in November 2004.

116

SUMMARY OF REPRESENTATIONS

3 Objections received: (1) Concern over queuing traffic on Eyre Street affecting buses; (2) Design of building uninviting, with almost threatening appearance; (3) Proposed mesh grilles will gather dust and grime; (4) Corners and parapets should be softened with curves; (5) Colour and materials on adjacent market building should be carried through on to car park; (6) Insufficient consideration given to 50+ market traders on The Moor. 100 livelihoods at stake (Moor Traders’ Federation).

PLANNING ASSESSMENT

Policy

The site lies within the Central Shopping Area in the Unitary Development Plan.

Policy GE24 requires that development should not create noise levels causing a nuisance, and sensitive uses and noisy uses should not be located close together.

117 Policy BE7 requires safe, equal and easy access for people with disabilities to buildings used by the public. Policy BE8 promotes suitable access to workplaces where there are 20 or more employees especially reception and toilet facilities.

Policy BE12 encourages public art as an integral part of the design of major developments.

The site lies within the City Centre High Amenity Zone.

Land Use

The proposed car park complies with policy except that it does not lie outside the City Centre High Amenity Zone. This zone was originally conceived as a pedestrian priority area. The site is nevertheless considered suitable for a large short stay car park, as the proposal enhances accessibility without any significant disadvantages. The associated pedestrianisation of a large part of Earl Street is a big improvement.

Design

The mass of the car park is relieved by the intricate treatment of the elevations using colour coated flat metal panels in light grey, medium grey and black interspersed with galvanised mesh grilles. The panels and grilles are of varying width, and stand off the face of the building variously by 150mm and 300mm. The building is thus naturally ventilated above and below the panels as well as through the grilles.

The revised drawings omit the larger size panels initially proposed, and introduce deeper panels to the top edges and a stronger emphasis to the vehicular entrance from Eyre Street.

The overall effect neatly defines the outline of the building whilst the varied stand- off panels help break down its massive appearance. Concealed LED lighting below the stand-off panels will add interest. This is considered a satisfactory way of facing a difficult building such as this, subject to the assessment of a floor-to- ceiling sample panel on site.

118

In addition, there are glazed panels above the pedestrian entrance to Earl Street and below the bridge.

The revised drawings for the markets development confirm that the bridge over Earl Street is to be faced in glass with etched panels above and below to give a visual frame to the gradient of the floor to the bridge. This is considered a neat solution.

The applicants propose to build and equip the building to a standard of public safety consistent with “Secured By Design” (Park Mark) of the Association of Chief Police Officers. It is important that the car park is adequately lit with good internal visibility and lighting. This commitment is welcome and confirmed by condition.

Bins and Recycling

No bin store for refuse and recycling is shown on the drawings, although the office in the building will need a small area. This is required by condition.

Access for People with Disabilities

45 disabled parking spaces are provided in total and close to the lift lobbies on most of the floors. Some of these will be available for users of the Shopmobility facility to be provided in the proposed market building on the adjoining site. Suitable access will be available via the link bridge. Further revised details are required by condition to ensure that an adequate proportion of them are sited away from ceiling beams to give adequate headroom for vehicles with hoists, safe areas at the rear of each parking space and safe routes to lifts and exits.

Public Art

No proposals have been made, and this requirement is covered by condition on the markets application for later determination. Options include provision at the market entrances, perhaps in combination with glazing, and provision as part of public realm enhancements.

Archaeology

The desk top assessment submitted with the proposal confirmed that The Moor area has potential for remains of industrial archaeological interest, with some potential for earlier remains relating to the former Sheffield deer park. However, development in the 1950’s and 1960’s is likely to have had a significant impact on such remains.

119

Flood Risk

Air Quality

The submitted report indicates that air quality levels will be affected by the developments mostly owing to altered traffic flows. Some areas will experience marginal improvements and others marginal deterioration. Overall however air quality levels will not be greatly affected. This is considered acceptable.

Noise

There are no noise issues arising from the proposed car park.

Land Contamination

Highways – Traffic Flows

Without the NRQ the proposals had a mixed impact on the highway network, with some routes showing a modest increase in traffic flows (most routes only 1-5%)

120 and others actually showed a reduction. This is because some trips re-routed to reach the new Multi-Storey Car Park. With the NRQ, it was clear that the development had only a slight impact on the local road network compared with the more substantial NRQ.

Three junctions on the Inner Ring Road (Eyre Street, Moore Street and Brook Hill) are already congested, and the development will add some further trips through these junctions. By Unilateral Planning Obligation under Section 106, the applicant has agreed to contribute £63,000 to the improvement of these junctions, this being a similar sum as that secured for the NRQ.

Highways – Road Closure

The car park will require the closure of part of Union Lane. The market development on the adjoining site will require the closure of Cumberland Way with its cycle route. This will be rerouted along Eyre Street continuing back to Earl Way via Earl Street between the two buildings. Earl Street will be closed to vehicular traffic except for a service vehicle turning head at its junction with Earl Way, and emergency access across The Moor to buildings on Holy Green. Earl Street is otherwise to be pedestrianised.

To mitigate the loss of the existing cycle route, the developer is required to provide a contra-flow cycle on Cumberland Street across The Moor.

Highways – Parking Provision

The proposal is for 70% of the spaces to be for public short stay use, with the remainder being parking for market staff and stallholders, with the remainder being operational parking for new businesses as The Moor is regenerated. A management plan is required by condition to ensure that the car park is not used by commuters. Connection to the Council’s car parking information signage scheme (variable message system) is required by condition.

Secure under cover long stay cycle and motorcycle parking is to be provided and conditioned.

Highways – Taxi Rank

Additional demand for taxis is to be catered for by means of a new rank on Cumberland Street and a feeder rank on South Lane. This is covered in the markets application.

Highways – Pedestrian Facilities

121

Highway – Site Access

A new access is proposed from Eyre Street to serve the car park. This will require an existing bus lay by to be altered. Egress will be to Earl Way. The existing pedestrian crossing on Eyre Street will need to be moved, and a new bus lay by will be provided south of Earl Street. The revised bus stops have been agreed with the South Yorkshire Passenger Transport Executive. Existing shelters on Cumberland Street are already being upgraded, and the new bus stops on Eyre Street will need shelters.

Highways - Travel Plan

Highways – Temporary Works

During construction temporary traffic management works will be required on The Moor itself and on adjacent roads; this is unavoidable with a project of this scale. Details are required by condition.

Public Realm Improvements

The site boundary includes the carriageways and footways of all the surrounding streets, including Eyre Street as far down as Cumberland Street. This will not only to resolve the necessary highway improvements to provide access to the new car park, but also enable repaving, planting, new street furniture, and cycle stands to a secondary palette standard in line with the Urban Design Compendium, with primary palette standard on The Moor.

The planting, paving and so on are proposals only at this stage and are subject to further detailed discussions, this being confirmed by condition. The main public realm improvements will be a condition of the markets application.

Financial Contributions

A sum of £63,000 has been agreed as a contribution towards highway improvements to relieve traffic congestion at three affected junctions on the Inner Ring Road. This is secured by Unilateral Planning Obligation under Section 106.

Environmental Impact Assessment

122

The earliest date at which cumulative traffic impacts can be expected is 2012, when all the assessed developments are likely to be complete.

The moderate highways impacts are to be mitigated by improvements to three junctions on the Inner Ring Road as described above.

RESPONSE TO REPRESENTATIONS

Objections: (1) Some traffic will queue in car park entrance, other vehicles are unlikely to affect buses which have bus lane on Eyre Street; (2) and (3) See report; (4) Not accepted as this would contrast with the design theme; (5) Prefer car park to have its own distinct identity; (6) Layout of The Moor is not resolved (see report), and location of Moor Market is being resolved separately from both present applications.

Conclusion

The proposed car park provides essential space for traders vans for the new market, and will assist with its commercial success. The building is considered to be of an acceptable design, and all the access and highway issues have been resolved subject to details. Disabled access is well catered for.

The early construction of this car park is expected if approved, providing important new quality shoppers’ and visitors’ parking as part of city centre regeneration. It will bring forward the replacement for the Castle Market and encourage new investment on The Moor. Together with the New Retail Quarter, it will accelerate the revival of city centre shopping and is very much to be welcomed.

RECOMMENDATION

Grant, subject to the recommended conditions, and subject to the owner submitting a Planning Obligation under Section 106 with the following Heads of Terms:

1. The Owner shall pay to the Council on or before the commencement of the use of the building the sum of £63,000 to be used for the provision of highway improvements to the Inner Ring Road between Eyre Street and Brook Hill.

123 2. In the event of the development being unreasonably delayed the sum due shall be increased in line with inflation over such period of delay.

124

Case Number 06/04211/FUL

Application Type A Full Planning Application

Proposal Erection of floodlighting columns to sports ground

Location Sports Ground Bawtry Road Sheffield

Date Received 06/11/2006

Team CITY CENTRE AND EAST

Applicant/Agent Andrew Ridge

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 floodlights shall not be used at any time later than 22:00 hours on any day unless otherwise approved in writing by the Local Planning Authority.

To protect the amenity of surrounding residents and to ensure that the effects of light pollution are diminished.

3 Prior to the installation of the proposed floodlights, further details of light spill from the lights shall be submitted to and approved in writing by the Local Planning Authority. They shall be installed in strict accordance with the approved details and thereafter maintained.

To protect the amenity of surrounding residents and to ensure that the effects of light pollution are diminished.

Attention is drawn to the following justifications:

LR4 - Open Space

125 LR5 - Development in Open Space Areas

Site Location

LOCATION AND PROPOSAL

The application site comprises the existing running/rugby/football pitch within the Sheffield Hallam University Sports Ground on Bawtry Road. Bawtry Road lies to

126 the north of the site, beyond which is an area of housing. It is adjoined to the south by warehousing and commercial units on Park House Lane, to the east by a further area of housing with Park House School situated to the west.

The Sports Ground extends to a total area of 18.7 hectares. The entrance to the site is achieved via Bawtry Road with access into a main car parking area at the front of the site. A sports hall and pavilion are sited adjacent to the car park, lying perpendicular to the road with the sports pitches situated to the north and east of these buildings.

This application proposes the installation of 8 floodlights to the rugby/football pitch comprising three on each side of the pitch and one at each end. The floodlights comprise 15 metre poles with 6 lights per pole. The lights are situated more than 150 metres from the nearest properties to the north of Bawtry Road and more than 200 metres from properties to the east

RELEVANT PLANNING HISTORY

The most relevant planning history is summarised below:

03/03038/ADV: 1 non-illuminated free standing sign. Approved 03.10.03

97/01810/FUL: Erection of offices and sports clubhouse, construction of a means of vehicular access and provision of car parking. Approved: 28.05.98

95/00255/FUL: Erection of an indoor cricket school and link corridor and extension to pavilion. Approved 06.04.95

80/03597/FUL: Alterations to sports ground to form a country cricket ground with landscaping extensions to existing pavilions. Approved: 26.3.80

SUMMARY OF REPRESENTATIONS

The application was advertised by way of site notice and neighbour notification. One letter has been received from the Islamic Residential College at Park House on Bawtry Road. The School is residential and raise some concerns in respect of the impact of floodlighting on bedrooms and request that the lights not be used after 9.30pm.

A letter has also been received in respect of BOC as there are BOC pipelines in the area conveying Oxygen, Nitrogen and Argon gas at high pressure. The pipelines do not appear to run below the floodlights but it is appropriate that the applicant is made aware of their route.

127 PLANNING ASSESSMENT

The application proposes the installation of floodlighting to this existing area of playing fields to light the running/rugby/football pitch. The principle issues to consider include the following:

- Principle of development: policy and land use; - Impact of the proposed lighting on the amenity of surrounding properties’ - Highway considerations.

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

Policy and Land Use

The Sports Ground is identified as an area of Open Space within the Adopted Unitary Development Plan.

Policy LR4 of the UDP relates to areas of open space and advises that open space will be protected from built development where the space is needed for outdoor recreation, or where it makes a valuable contribution to the natural environment, urban heritage or quality of life. LR4 advises that as opportunities arise, open space will be improved where it is of poor quality and created where it is a shortage. Policy LR5 advises that development in open space areas will not be permitted on a number on grounds including an assessment as to whether it would harm the character or appearance of the open space.

This application proposes the installation of floodlights to an existing sports pitch. As such, it does not change the character of its use as a space for outdoor recreation and will, in fact, improves its function. As such, it is considered to comply with Policy LR4. In respect of Policy LR5, it is necessary to determine whether the proposal will harm the character of appearance of the open space. It is considered that floodlights are a typical feature of sports grounds and will not harm its character or appearance. In this regard, the proposal is considered to comply with Policy LR5.

Impact of the proposed lighting It is acknowledged that floodlights can impact upon the residential amenity of surrounding residential occupiers. In this case, as noted above, the nearest residential properties are situated more than 150 metres to the north (off Bawtry Road) and more than 200 metres to the east. This is a significant separation distance and if the lights are properly positioned, it is considered that glare into nearby properties should be avoided.

Moreover, the applicant proposes to install a Kingfisher Sport 2 type lighting system, which is deemed to have precise optical control with a narrow and medium beam distribution so that the lights are focused directly at the pitch itself and virtually glare free. It is also recommended that a condition be placed on the approval to ensure that the lights are not used after 9.30pm.

128

Highway considerations

Highways DC have raised no objection to the principle of development but have raised some comments in respect of the effect of lighting and the potential to dazzle drivers on nearby roads. The lights will be sited more than 50 metres from the nearest carriageway (Bawtry Road) and this distance is considered sufficient to ensure that there is no detrimental impact on highway safety. Moreover, the applicant has advised that the lights will be directed solely onto the playing pitch to minimise any potential glare. Given the separation distance between the lights and the road, it is considered that the proposed floodlights will not have a detrimental impact on the safety of drivers on adjoining roads.

RESPONSE TO REPRESENTATIONS

The concern raised by the nearby residential college in respect of the use of lights after 2130 is acknowledged. However, the School lies more than 300m to the east of the proposed floodlights and whilst it is considered appropriate to impose a time restriction on the use of the lights, it is considered that 2200 is a reasonable control, enabling sufficient use of the pitch without the potential for significant detriment to the amenity of nearby residents.

SUMMARY AND RECOMMENDATION

The application proposes the installation of eight floodlights to be sited around the existing rugby/football/athletics pitch. The lighting is considered to be appropriate in the context of the site’s use as a sports pitch and are located a sufficient distance away from the nearest residential properties and carriageway to ensure that the lights are not detrimental to the amenity of nearby residents of the highway safety of nearby road users. The development is in accordance with relevant policies within the Adopted Unitary Development Plan and is therefore considered acceptable subject to the conditions.

129

Case Number 06/04304/CHU

Application Type Planning Application for Change of Use

Proposal Use of shop unit as a cafe (Use Class A3)

Location Ground Floor Unit Coode 7 Millsands Sheffield S3 8NR

Date Received 10/11/2006

Team CITY CENTRE AND EAST

Applicant/Agent Self 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 The building shall be used for the above-mentioned purpose only between 07:30 hours and 22:00 hours on Monday to Thursday, 07:30 hours and 23:00 hours on Fridays, 08:30 to 23:00 hours on Saturdays and 09:30 hours to 22:00 hours on Sundays and Bank Holidays.

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

3 In the absence of suitable fume extraction equipment the building shall only be used for the sale of cold food. No food shall be reheated on the premises unless otherwise authorised in writing by the Local Planning Authority.

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

4 No service deliveries to or refuse collections from the café shall take place outside the period 08:00 - 22:00 hours on any day.

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

130

5 Before the development is commenced full details of any air conditioning units to be installed shall be 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.

Attention is drawn to the following justifications:

IB9 - Conditions on Development in Industry and Business Areas

131 Site Location

LOCATION AND PROPOSAL

The application relates to a vacant purpose built retail unit on the ground floor of Coode House, a multi storey residential apartment block, which has recently been completed and now partially occupied. This proposal is to use the vacant ground floor unit, which has approval for an A1 retail use as an A3 Café.

The application falls within a Fringe Industry and Business area as defined by UDP

RELEVANT PLANNING HISTORY

Planning permission for Coode House which contains 100 apartments with a ground floor A1 use was approved in October 2003 Reference 03/02157/FUL

132 SUMMARY OF REPRESENTATIONS

2 letters have been received from local businesses, which raise concerns that:

- users of the café would most likely park indiscriminately on the highway rather than using the adjacent multi storey car park. - local businesses already receive complaints regarding odours from their premises and are conscious that a café in the near vicinity will result in more complaints.

PLANNING ASSESSMENT

Whilst the application site falls within a Fringe Industry and Business area as defined by the UDP, the area adjacent to the application site on Millsands is predominantly residential in nature. Bridge Street, which bounds the application site to the west is more commercial in nature with a number of existing commercial buildings.

Within Fringe Industry and Business Areas A3 food and drink outlets are acceptable in principle provided that they do not cause residents to suffer from unacceptable living conditions

When the original approval was granted for this building A3 uses were not included as it was considered that A3 uses surrounded by residential property were a potential source of noise and disturbance problems. The planning approval gave permission for an A1 retail unit which at the time was assumed to be the ideal location to attract a convenience type store.

The building has now been built with noise insulation between the retail unit and first floor accommodation to prevent the transmission of noise from the ground floor retail use and first floor flats. This noise insulation would also prevent noise and disturbance problems from the proposed café affecting the residential amenities of the first floor flats.

As such the only potential disturbance to residents living in the vicinity would be from users of the café leaving the building or from odours generated from food preparation.

The building has been built with a dedicated ventilation shaft, which serves the ground floor retail unit. This however is in a part of the building, which is not accessible to the applicant. (It is understood that the applicant is trying to negotiate the lease on this part of the building, which would give access to this shaft. If successful a further planning application would be submitted.)

In the absence of this ventilation shaft in the building currently applied for the applicant has confirmed that they intend to serve principally cold dishes such as sandwiches and salads together with foods that have been prepared off the premises and which will be reheated from chilled. There is no intention to introduce deep fat fryers or open grills or anything else, which would cause disamenity by odour to local residents. Environmental Health are however of the opinion that the

133 premises should only be used for the sale of cold food and this will be conditioned as such in any subsequent approval.

Whilst the ground floor retail unit has an approval as an A1 retail outlet there are no time limits on its operation. The applicant has confirmed that the café would be open 7.30 –22.00 Mon-Thurs, 7.30-23.00 Fri, 8.30-23.00 Sat and 9.30-22.00 Sun.

It is considered that the use of the building as a café up to 22.00 hrs (23.00hrs Friday and Saturday) would not be unreasonable. Whilst this is a predominantly residential area the sheer numbers of residential units in the vicinity means that Millsands is a busy pedestrian route until late in the evening. The additional noise generated by users of the café leaving the building is unlikely to disturb local residents any more than late night users of a convenience type store.

In addition a condition of the earlier approval was that there be no service deliveries to or refuse collections from the shop unit before 8am or after 10pm on any day.

The applicant has confirmed that air conditioning units will be installed in the café and kitchen areas to deal with any excess moisture from the kitchen and for customers comfort. Any condenser units required would be located on the top roof level so as not to cause disturbance to local residents. These would be accessed via existing ducting channels built into the building.

Whilst there is no on street parking in the immediate vicinity there are no highway concerns with the proposal as it is considered that the customers who would be using the establishment would be people who live or work in the immediate vicinity. If people living outside the area were to visit the premises there is a multi storey car park in close proximity to Coode House. In any event traffic generation is unlikely to be as great as if the retail unit had been used as an A1 retail outlet.

RESPONSE TO REPRESENTATIONS

Any existing odours from local businesses should be dealt with by the installation of appropriate ventilation systems at source. The proposed use of the café as stated will not generate unacceptable odours in the locality.

Any indiscriminate parking in the area should be dealt with by normal enforcement of highway regulations. The proposal is unlikely to generate more traffic than the A1 retail unit originally proposed for the site.

SUMMARY AND RECOMMENDATION

The proposed reuse of this vacant retail unit as a cafe is considered to be acceptable. The proposal will subject to conditions relating to types of food to be served not cause any disamenity to local residents and business users in the locality.

134

Case Number 06/04333/FUL

Application Type A Full Planning Application

Proposal Erection of a suspension bridge from Kelham Island Museum to Brooklyn Works Ball Street

Location Kelham Island Sheffield S3 8RY

Date Received 08/11/2006

Team CITY CENTRE AND EAST

Applicant/Agent Dr A Wood

Recommendation Grant Conditionally

Subject to:

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

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

2 Prior to the commencement of development, further details of the following items shall be submitted to and approved in writing by the Local Planning Authority:- (a) Details of all materials (b) Surface treatment of deck and footway on the bridge and surface finish on the landing onto both Kelham Island and Brooklyn Works. Such details shall have regard to the palette zone map within the Council's Urban Design Compendium; (c) Details of lighting to include design, manufacturers details, siting and illumination.

To ensure an appropriate quality of development within the Kelham Island Conservation Area and given its proximity to Listed Buildings, in accordance with Policies BE15, BE17 and BE19 of the Adopted Unitary Development Plan.

3 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.

135

Attention is drawn to the following justifications:

BE15 - Areas and Buildings of Special Architectural and Historic Interest BE17 - Design & Materials in Areas of Special Character or Historic Interest BE19 - Development affecting Listed Buildings GE17 - Rivers and Streams BE5 - Building Design and Siting

136 Site Location

INTRODUCTION

This application follows approval of planning permission in January 2002 of essentially the same proposal for the erection of a suspension bridge between Kelham Island Museum and Brooklyn Works on Ball Street. That approval expired on 14th January 2007 and the applicant was not in a position to commence works prior to that date. Following recent changes to the planning system, Section 73(5) of the Town and Country Planning Act now prevents an extension of time-limits and requires that a further application for planning permission must be made, hence the submission of this proposal.

137 LOCATION AND PROPOSAL

The application proposes the installation of a pedestrian suspension bridge from the existing public footpath adjacent to the River Don outside Brooklyn Works, accessed from Ball Street, to the northwestern side of Kelham Island, adjacent to the Kelham Island Museum. The Bridge will form part of the Upper Don Riverside Walk, which it is proposed, will extend from Lady’s Bridge in the City Centre to Beeley Woods in Middlewood. The site of the bridge lies within the Kelham Island Conservation Area.

The proposed Bridge will span the River Don and the Listed weir. It is designed to be a 1:10 scale replica of the original New York Brooklyn Bridge. The applicant states that justification of this design is based upon the strong historical and trading links established between Sheffield and Brooklyn in the nineteenth century and the fact that important components of the original Brooklyn Bridge were supplied by Andrew Toledo of Neepsend.

The entire span of the proposed bridge extends to approximately 84 metres and comprises the following elements:

- A structural steel frame for the entire span of the bridge comprising a series of metal ‘x-shape’ panels within which are horizontal stainless steel wires; - At 24 metres from the Brooklyn Works side, a stone tower element, reflecting the design of the original Brooklyn Bridge from which stainless steel cables are stretched into the main structure. The ‘Brooklyn Tower’ is constructed on the bed of the River Don and will reach a total height of 9 metres, of which 7 metres will be visible above the water line (depending on water levels) and approximately 6 metres from the level of the bridge structure. The Tower effectively comprises three stone columns between each of which is an archway. - At 15 metres from the Kelham landing point is the Kelham Tower. This will be constructed on land within the vicinity of the Kelham Island Museum and will extend to a height of approximately 7 metres from ground level and approximately 5 metres from the level of the bridge structure. The design reflects that of the Brooklyn Tower.

The proposed bridge is positioned at a slightly higher level above the water line than the previous planning approval to allow for the 1:100 flood risk. It is proposed that the bridge will be appropriately lit.

RELEVANT PLANNING HISTORY

The only relevant planning history is summarised below:

01/01339/FUL Erection of a suspension bridge from Kelham Island Museum to Brooklyn Works, Ball Street Approved 14.01.2006

138 SUMMARY OF REPRESENTATIONS

The application was advertised by way of site notice and neighbour notification. No letters have been received.

The following statutory response has been received:

English Heritage: Do not offer any comments and advise that the application is determined in accordance with local policy guidance.

Environment Agency: No objection

Conservation Advisory Group: The Group accepted the need for a bridge of some sort in this location but felt that something simpler, smaller and more appropriate for its location would be preferable. The Group considered that a more appropriate site for the Bridge, with this design, could be a location facing the remainder of the former Toledo Works, particularly in view of the fact that there was a proposal to provide a bridge at the goit between the Kelham Island Museum and the former Tyzacks Works. The Group felt that the Sheffield Bridge should not be a scaled down replica of the original Brooklyn Bridge, as the principal material would be stone and the individual stones would be of inappropriately small scale. The Group also felt that there was a possibility of users of the Sheffield Bridge overlooking the adjacent residential accommodation at the Brooklyn Works. The Group regretted the fact that its views had not been accepted when the application had been considered previously by the Planning and Highways Area Board and felt that the detail of the proposals should be considered carefully, including the colour of the proposed metalwork. The Group recommended that if approval was given for the Bridge, locally made metalwork as well as local stone should be used in its construction.

PLANNING ASSESSMENT

This application proposes the installation of the ‘Brooklyn Bridge’ a scale replica of the original Brooklyn Bridge, which will form part of the Upper Don Riverside Walk. The principle issues to consider in the determination of this proposal include the following:

- Principle of development: policy and land-use; - Impact on the Conservation Area and adjacent Listed buildings/structures; - Design and visual impact of the bridge; - Impact on the amenity of nearby properties; - Accessibility issues.

Policy and Land Use

The application site is designated in the Adopted Unitary Development Plan as sited over a waterway, which in turn links two areas designated as Kelham Mixed Use Policy Area.

139 Policy GE17 of the UDP relates to rivers and streams and advises that as part of the development of the Green Network, all rivers and streams will be protected and enhanced for the benefit of wildlife and, where appropriate, for public access and recreation. The principal of constructing a bridge across the River Don does not conflict with the objectives of Policy GE17. Indeed, the bridge will promote improved pedestrian access to the river and complete a section of the Upper Don Riverside Walk. In this respect, the proposal is considered to accord with GE17 and there are no objections in principle to the erection of a bridge link in the locality.

Impact on the Conservation Area and adjacent Listed Buildings

The proposal lies within Kelham Island Conservation Area and close to several listed buildings including Cornish Place (Grade II*), Green Lane Works (Grade II*), Brooklyn Works (Grade II), and the Weir (Grade II). As such, the impact on both the Conservation Area and the Listed Buildings must be assessed.

Policy BE15 of the UDP advises that developments that would harm the character or appearance of a Conservation Area will not be permitted. Policy BE16 determines that development in Conservation Areas must preserve or enhance the character or appearance of the Conservation Area whilst BE17 advises that within Conservation Areas, a high standard of design using traditional materials and a sensitive approach will be expected. Policy BE19 of the UDP relates to Listed Buildings and requires that internal and external alterations and new buildings within the curtilage of Listed Buildings should preserve the building’s character, appearance and setting. These policies reflect guidance contained in Planning Policy Guidance Note 15: Planning and the Historic Environment and S66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, which states that in considering whether to grant planning permission for development that affects a Listed Building or its setting, the local planning authority must have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

The proposed bridge is to be constructed in masonry and steel, both of which are considered appropriate materials in the context of the Conservation Area. Indeed, it is proposed that above the waterline, the masonry will be local stone sourced from Rivelin Glen Quarry, which again, is appropriate to the locality. Below waterline, the bridge will be constructed in concrete and engineering brick. It is therefore considered that the proposed materials would preserve the character and appearance of the Conservation Area.

With regard to the impact on the adjacent Listed Structures, it is close to a number of Listed structures, outlined above, and most particularly to the Grade II Listed Weir. The proposed bridge does not directly impact on the character, appearance or setting of the nearby Listed Buildings and in this regard, complies with Policy BE19 of the UDP. The Weir lies beneath the bridge but it is considered that the character and appearance of this Listed structure remains intact. The setting will be altered but it is considered that it will not be sufficiently detrimental to warrant the refusal of planning permission.

140 It is therefore considered that the proposed Bridge will not be detrimental to the character, appearance or setting of the adjacent Listed Buildings and will not harm the character or appearance of the Conservation Area. It is therefore considered acceptable in the context of current local and national planning policy.

Design and visual impact

Policy BE5 of the UDP seeks to achieve good design and the use of good quality materials with a respect for the scale, form and architectural character of the area. Given the intention of the applicant to deliver a scale version of the Brooklyn Bridge, it is relevant to acknowledge that the basis for this design is the historical connections established between Sheffield and Brooklyn in the nineteenth century and the fact that important parts of the original Brooklyn Bridge were from Sheffield. This historical tie works well in connection with the Kelham Island Museum, which represents Sheffield’s industrial history.

The concern of CAG in respect of the proposed design and their aspiration for a more contemporary design approach is noted but there is a sound historical argument for the approach adopted. Moreover, there would be no clear planning grounds for requiring a contemporary approach.

Given the use of local materials and the replica nature of the proposal, it is considered to be in accordance with Policy BE5. It uses good quality materials and will certainly provide visual interest, particularly when viewed form Ball Street.

Impact on the amenity of nearby residential properties

Brooklyn Works: The proposed bridge will deliver a section of the riverside walk, part of which will pass existing residential units located within the Brooklyn Works complex. There are a number of flats within the complex fronting the River and an existing section of footpath already passes in front of their windows. In terms of the impact of the bridge, the proposed towers will not be sited directly in front of the existing flats and thus, should not lead to any loss of light or have an overbearing impact upon the flats.

The support cables will be visible in front of the main habitable room windows at a distance of 7.5 metres. However, these cables are relatively narrow and should not result in any significant visual intrusion. The suspension ropes may lead to some interruption of view over the river and island but the right to a view is not a material planning consideration. Overall, it is considered that the proposal will not result in any significant reduction in residential amenity to Brooklyn Works.

In terms of the impact upon Green Lane Works (Miba Tyzack site) the proposed bridge runs alongside the north elevation of the Green Lane works. In 2005, planning permission was granted for the sites development to provide 310 residential apartments (04/02017/FUL). The development has yet to be implemented but there will be habitable windows overlooking the river. A condition of the approval also seeks details of a further bridge across the goit to connect with Kelham Island Museum, which was largely sought in the event that the Brooklyn Bridge did not proceed. The Kelham ‘tower’ lies more than 19 metres from the site

141 boundary of Green Lane Works, which is considered a sufficient distance to ensure that the structure is not unduly overbearing on future residents of the development. As with Brooklyn Works, it is the case that the steel cables will also be visible but they are not considered to result in significant visual intrusion. As noted above, there may be some interruption of views over the river but there is no right to a view within the planning process. Additionally, the proposed bridge will not impact upon the potential for the Green Lane Works site to implement a bridge across the goit. Thus, it is concluded that the proposal will not result in any significant reduction in residential amenity to Green Lane Works.

Accessibility

The applicant has advised that the primary function of the Bridge is to form part of the riverside walk and accessibility is thus an integral part of the proposal. The bridge will provide a crossing for pedestrians, cyclists and mobility vehicles; it conforms to the 3 metre wide stipulation for the Upper Don Walk and is deemed to have a gentle gradient and anti-slip decking, details of which will be required by condition. It is not considered necessary to seek a demarcation between cyclists and pedestrians on the basis that this has not been provided on parts of existing Riverside walk and it is also considered that the brick piers will have some effect in slowing cyclists if necessary.

RESPONSE TO REPRESENTATIONS

The design and overlooking issues raised by CAG are considered above. In terms of the comments raised by the Group in respect of finding a more appropriate site for the Bridge, it must be acknowledged that it forms part of the Upper Don Riverside walk. More significantly, it must be acknowledged that planning permission for the Bridge in this location was approved in 2002 and there have been no significant changes in planning policy since that time to reach a different recommendation to the previous approval. The recommendation that local-made metalwork and local stone should be used in its construction will be incorporated into the proposal.

SUMMARY

The principle of the bridge is acceptable in policy terms and will bring significant regeneration benefits to the area. The design of the proposed bridge can be justified on the grounds of the historic links between Sheffield and Brooklyn. Moreover, it must be acknowledged that effectively the same application was approved at Planning Board in 2002 and there have been no significant policy changes since that time. As such, there are no new grounds on which to warrant a change in recommendation and the application is therefore recommended for approval.

RECOMMENDATION

That planning permission be granted subject to conditions.

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Case Number 06/04588/FUL

Application Type A Full Planning Application

Proposal Alterations and extensions to first-floor of building to form bar/restaurant (Use Class A4/A3) (As amended 11/01/2007)

Location First Floor Brook House 557 Ecclesall Road Sheffield S11 8PR

Date Received 29/11/2006

Team SOUTH

Applicant/Agent Oulsnam Design Ltd

Recommendation Grant Conditionally

Subject to:

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

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

2 Details of all proposed external materials and finishes, including windows, lead panels and balustrading, 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 The proposed roofing materials to the pitched roof extension shall match the roofing materials to the existing building.

In the interests of the visual amenities of the locality.

4 Details of the proposed balustrade to the external decked area and proposed acoustic fence shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced. Such details shall include non-transparent glazed panels to the balustrade and thereafter the development shall be carried out in accordance with the approved details.

143

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

5 The first-floor of the building shall be used for the above mentioned purpose only between 0900 hours and 2330 hours, Mondays to Saturdays and 0900 hours and 2300 hours on Sundays and Public Holidays.

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

6 There shall be no access to the external decked area other than for maintenance purposes.

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

7 Other than for emergency purposes, there shall be no customer access or exit to or from the first floor of the building from or to Neill Road.

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

8 There shall be no window openings on the elevation of the extension facing Neill Road. The existing first floor windows facing Neill Road shall not be opened other than for emergency purposes.

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

9 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.

144 10 Before the use of the first floor of the building as a bar/restaurant is commenced, a scheme of sound attenuation works, including acoustic glazing to the windows facing the external decked area, 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 first floor of the building and access 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 3dB when measured as a 15 minute 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.

11 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.

12 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.

145

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

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

14 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.

15 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.

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

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

17 No deliveries shall take place from Neill Road.

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

Attention is drawn to the following justifications:

S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas BE5 - Building Design and Siting BE7 - Design of Buildings Used by the Public

146 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. 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.

147 Site Location

LOCATION AND PROPOSAL

The site is the first floor of a two-storey building adjoining the Porter Brook public house and a row of shops within the Ecclesall Road District Shopping Centre. The ground floor of the building is occupied by the Plumb Centre (Class A1 – Retail). The rear elevation of the building faces Neill Road, a residential street, and is a combination of single and two storey elements.

The proposal is for the extension and use of the first floor as a bar/restaurant to be occupied by The Walnut Club. The existing floor area is approximately 400m2. The extension is proposed to the existing flat roof which is located behind the Ecclesall Road elevation adjoining Neill Road and the side boundary of the adjoining dwelling (62 Neill Road). The extension will add approximately 100m2 to the floor area and will wrap around a proposed external decked area (26m2)

148 adjoining the side boundary of No62 Neill Road. The restaurant is proposed to have seating for 50 people and the bar/restaurant is expected to accommodate a total of approximately 150 customers.

The Walnut Club is described by the applicant as an upmarket champagne bar and restaurant aimed at the over-25’s. It is not intended to compete with other food and drink uses on Ecclesall Road but is intended to offer a late bar/restaurant for people leaving earlier venues. It will create 20 jobs.

RELEVANT PLANNING HISTORY

The building was originally a Co-op (Class A1). Planning permission was granted in 1990 for the use of the ground floor for retail purposes and the first floor as offices (ref.89/1654P). The ground floor was also used as offices (Class B1) (ref.89/1654P) before reverting to retail use approximately 3 years ago (ref. 03/00117/CHU).

Planning permission was granted in 1994 for the use of the first floor as the Gymboree children’s play and music centre (Class D1) (ref.04/01722/CHU). The permission was implemented but the use was short-lived and the first floor is currently vacant.

The Porter Brook public house was granted planning permission in 1997 (ref.96/1290P). A condition attached to the permission restricts the hours of use to 23.30 hours daily. Planning permissions relating to other bar/restaurant uses in the Ecclesall Road District Shopping Centre are referred to in subsequent sections.

SUMMARY OF REPRESENTATIONS

10 letters of representation (2 from same person) and a petition (4 signatures) have been received from residents in Neill Road, Porter Terrace and Carmel Court (opposite side of Ecclesall Road). The points raised are summarised below:

- Community spirit and balance between residents, shopkeepers and students in area is deteriorating due to increasing commercialism - Council always puts commercial interests before local residents - No need for more bars and restaurants – already too many in area - Nuisance from fume extraction flues, bins, graffiti and noise pollution - Noise associated with increasing food and drink uses in area - Noise associated with customers leaving – invariably people leaving at night do not leave quietly - Noise and odours from extraction units - Overlooking and loss of privacy to flats opposite (Carmel Court, Ecclesall Road) - Overlooking from extension to front of dwellings opposite in Neill Road - Overlooking of small garden areas in Neill Road from first floor windows in proposed extension

149 - Staff, customers and delivery vehicles will increase parking problems in area at all times of day and night – residents already have problems parking close to home – permit parking unlikely to improve matters - Lack of parking in area often results in illegal parking in private car park to Carmel Court - Refuse collection causes problems, particularly early morning and late at night – problems with unsociable hours of collection of industrial size bins associated with Plumb Centre and former Gymboree (diary of collection times supplied includes several collections at 04.00-06.00 hours - Delivery space should not be allowed to impact on residents – delivery vehicles already cause problems in Neill Road - Will increase noise by customers and deliveries already caused by Porter Brook PH - Potential for loss of privacy to residents from proposed rooftop terrace - Acknowledgement of local economic development but another restaurant will not be sustainable due to negative impact on environment and social aspects - Certificate of display of site notice misleading – notice not displayed as early as applicant states

Councillor Patricia White objects to the proposal:

- Too many restaurants on Ecclesall Road - Noise nuisance to residents in Neill Road and Porter Terrace (Open every night, jazz nights and open until 2am) - Car parking congestion caused by customers

PLANNING ASSESSMENT

Policy

The majority of the site lies within the Ecclesall Road District Shopping Centre (DSC) as defined in the Unitary Development Plan (UDP). The Neill Road frontage is within a designated Housing Area. UDP Policies S7 (Development in District and Local Shopping Centres), S10 (Conditions on Development in Shopping Areas), H10 (Development in Housing Areas), H14 (Conditions on Development in Housing Areas) BE5 (Building Design and Siting) and BE7 (Design of Buildings Used by the Public) are most relevant in considering the merits of the application.

UDP Policies S7 and S10(a) primarily seek to protect the main shopping function of shopping areas whilst maintaining adequate standards of amenity.

Retails shops (Class A1) are preferred in Shopping Centres in accordance with Policy S7 but food and drink outlets (Classes A3/A4/A5) are acceptable in principle.

There is a fine balance of uses in this part of the District Centre. Applications for changes of use are currently considered on the basis of maintaining a minimum of 50% of the Shopping Area in the preferred use. This application is unusual in that it relates to the first floor of the building and does not affect the shopping frontage

150 at street level. Nor does it represent the loss of a retail unit. Uses at upper levels are not taken into account when assessing the impact of street level proposals on the health of Shopping Centres as they do not form part of the shopping frontage. It would therefore be inappropriate to consider the balance of uses in the Centre in assessing this proposal. It is clear that the proposed use will not prejudice the dominance of preferred uses within the shopping frontage or the Area’s principle role as a shopping centre. The proposal therefore complies with Policy S10(a). Consideration should therefore be restricted to the impact of the proposed bar/restaurant on local amenities in accordance with Policies S10(b)-(f), H14, BE5 and BE7.

Design

The existing elevation to Neill Road combines a two storey building with gable end and a single storey building with ex shop display window and a flat roof. The latter element is particularly unattractive. As the ground floor of the building does not form part of the application and is outside the applicant’s control, there is no opportunity to improve the appearance at ground floor level.

The proposed extension would introduce an area of lead panelling above the redundant fascia to the ex shop front in Neill Road and provide a slate pitched roof to reflect the pitch of the adjoining dwelling (No62). The extension would strengthen the street scene in Neill Road in accordance with UDP Policies BE5, S10(d) and H14(a). The remainder of the extension will be behind the new pitched roof and would not be visible in the public domain. It will have a flat roof with slightly curved profile and a glazed lantern light. An external area on the remainder of the existing flat roof will be decked and planted and provided with a glazed balustrade. The treatment is to provide an outlook for diners. No general access to the decked area is proposed.

Amenity Issues

The principle concern is the impact of the proposed use on the amenities of residents opposite the site in Ecclesall Road and Wilson Road and adjoining the site in Neill Road. Although the majority of the application site lies within a DSC, Neill Road and the opposite side of Ecclesall Road lie within designated Housing Areas, where a good standard of residential amenity can reasonably be expected.

The plans have been amended to reduce the extent of the extension along the boundary with No62 Neill Road and No553 Ecclesall Road. The extension infills the area immediately between the two storey element and the roof of No62 Neill Road and then steps 3 metres back from the edge of the existing flat roof adjoining No62. The stepped back elevation will be fully glazed behind the decked area. A small extension extending to the edge of the flat roof is proposed beyond the decked area adjoining the boundary with shop premises at 553 Ecclesall Road. This extension was originally intended to extend along the boundary with 62 Neill Road into the decked area and would have been too overbearing on that residential property.

151 The proposed extension is not ideal in terms of the relationship with 62 Neill Road. However, the existing building already runs the entire length of the boundary with No62 at a height approximately 1 metre below eaves level. The proposed balustrade will not significantly reduce existing amenity for No62 and, as a lightweight structure, will not reduce light to that property.

Overlooking of the gardens of the dwellings in Neill Road will be prevented by the step back and by the proposed balustrade to the edge of the existing flat roof. The balustrade is proposed to be glazed and this can be conditioned to be obscure to prevent any perception of overlooking from the restaurant area. Acoustic glazing will prevent noise breakout from the restaurant and can be conditioned.

The restaurant kitchen is proposed to be located within the extension directly fronting Neill Road. Windows have been removed from the proposed elevations and replaced with lead panels. This treatment will ensure that there are no new openings facing Neill Road and therefore no overlooking of the dwellings opposite and no opportunity for odours to escape from that elevation. A flue is indicated behind the new pitched roof on an existing roof slope. There are already several ventilation flues in this area serving the existing toilet accommodation within the building. With satisfactory design, attenuation and maintenance, the position of the flue is considered satisfactory. Full details can be conditioned.

Bin storage remains as existing i.e. to the rear of the building with collections from Neill Road. It is noted that residents have previously been disturbed at unsocial hours by bin collections. Although bin collections cannot be controlled by the Planning Authority, a condition preventing waste being put outside at unsocial hours can be imposed.

Air conditioning units are indicated on an existing single storey flat roof to the opposite side of the building, away from residential property. The applicant has confirmed that the units are existing, although they cannot be seen from Neill Road. The units are set back approximately 18m from Neill Road. To alleviate any concerns about noise from the units late at night, an acoustic fence is proposed to protect dwellings opposite the site. Full details of the fence can be conditioned. It will not be prominent in the street scene.

With conditions to ensure privacy and to control noise and odour emissions, the proposal is considered capable of complying with UDP Policies S10 and H14.

A lift has recently been installed within the building and the plans have been amended to ensure adequate internal facilities for people with disabilities. The proposals therefore comply with UDP Policy BE7.

Hours of Use

The applicant requests opening until 2.00a.m, although he has offered to trial 1.00a.m closing. The concept is an upmarket champagne bar/restaurant operating in a similar manner to the applicant’s acclaimed Walnut Club in Hathersage and aimed at offering a late night facility for primarily over-25’s.

152 The type of facility proposed is in keeping with the aim of attracting high quality independent operators to the City. Whilst the Walnut Club concept is welcomed, it should not be at the expense of residential amenity in a finely balanced community which is under constant pressure from food and drink businesses. The applicant has been advised to seek alternative premises, preferably in the City Centre or at the edge of the City Centre, away from traditional residential areas if opening in the early hours is necessary to the operation. However, he has chosen to pursue this location having carried out a survey of preferred locations amongst his existing customers and having regard to other late night licences in Ecclesall Road (Porter Brook PH, Menzel’s and Napoleons).

The concern is not disturbance from within the building, but disturbance from customers leaving in the early hours of the morning. The principal concern is for residents on the opposite side of Ecclesall Road and in Wilson Road which lies virtually opposite the entrance to the building. The building has capacity for approximately 150 people. The applicant advises that customers are able to book a table for the entire evening and the Walnut Club is renowned for its jazz evenings. These factors suggest that there are likely to be large numbers of people leaving the building in the early hours of the morning. High spirits are likely to result in some degree of noise from customers, together with car doors slamming etc. Customers cars may well be parked in Wilson Road or Dover Road if space on Ecclesall Road is not available. This sort of activity will significantly detract from amenity in these residential side roads in the early hours of the morning. Members will recall that residents in Wadborough Road have experienced disturbance from activity associated with customers leaving the new La Vina and Felicini restaurants late at night. An hours of use extension until midnight (00.30 hours Sat/Sun) was refused at the last Board meeting in respect of La Vina (ref.06/04327/FUL).

The 2.00am closing will also attract a significant number of taxis to Ecclesall Road long after traffic levels have normally subsided in the area.

There is no access to the building from Neill Road and so little likelihood of disturbance to residents from people leaving the premises unless they are returning to vehicles parked in Neill Road (this is unlikely as there are opportunities for on-street parking closer to the entrance when clearway restrictions are not in force).

It is noted that the Porter Brook has been granted a licence until 1.00am on Fridays and Saturdays. This is inconsistent with the planning permission which permits opening until 23.30 hours and the breach of condition is currently being pursued. Menzel’s is approximately 1km from the application site towards the bottom end of Ecclesall Road where residential property is not directly affected. Napoleon’s is approximately 1km in the opposite direction. The site has a long history of late night uses and should not set a precedent for the remainder of Ecclesall Road.

In view of the above, it is recommended that a condition is attached restricting the permitted hours of use to 09.00 – 23.30 hours (23.00 hours Sun/Public Holidays). This is consistent with all Class A3/A4 uses in close proximity to the site that are

153 subject to planning permissions. However, it should be noted that the applicant considers this restriction is likely to jeopardise the proposals.

Highway Issues

There is no off-street car parking space available or possible to provide within the site. However, the proposal is unlikely to have any detrimental impact on the surrounding residential roads during the day as the area is included in the forthcoming Sharrow Residents Parking Scheme and will therefore be subject to on-street parking controls.

Although the site is in a sustainable location, being easily accessible by regular public transport and with walking distance of many residential properties, it is likely to be attractive to a much wider catchment resulting in some car borne custom at night. The impact of parking on residential amenity late at night has been explored earlier. Additional car parking demand is anticipated and parking in the side streets may be an issue in the evenings. However, the proposal is consistent with the aims of national planning guidance in PPG13 in promoting sustainable transport choices as the site is highly accessible by foot, bus and bicycle. In these circumstances, it is unlikely that lack of parking, in itself, would withstand scrutiny under any appeal against refusal of the application.

Delivery vehicles are expected to be restricted to ‘Transit’ size vans with servicing from Ecclesall Road. A condition preventing deliveries in Neill Road can be imposed.

RESPONSE TO REPRESENTATIONS

Site notice – display of the notice referred to is not a statutory requirement. The letters of notification have been sent to approximately 50 individual addresses.

Overlooking of Carmel Court – the building is in excess of 27m from the front elevation of Carmel Court and is not directly opposite. No additional windows are proposed in the front elevation of the building.

The remaining representations are addressed in the Assessment above.

SUMMARY AND RECOMMENDATION

The proposed use is acceptable in principle in accordance with relevant UDP policies. It will not undermine the shopping function of the Ecclesall Road District Shopping Centre as it does not affect the street level shopping function. Adequate separation and insulation measures, together with restricted hours of use, can ensure that reasonable living conditions for occupiers of residential property opposite the site and in Neill Road is maintained. It should be noted that the applicant requires opening until 02.00 hours. The applicant considers the recommended restriction on the hours of use to 23.30 hours (23.00 hours on Sundays/Public Holidays) is likely to jeopardise the opening of the Walnut Club in its intended format. Nevertheless, the restriction is considered necessary to

154 maintain adequate residential amenity in the adjoining Housing Areas late at night when background levels have normally subsided.

Additional car parking demand is anticipated. However, the proposal is consistent with the aims of PPG13 in promoting sustainable transport choices, by being highly accessible by foot, bus and bicycle.

It is recommended that planning permission is granted subject to conditions.

155

Case Number 06/04609/FUL

Application Type A Full Planning Application

Proposal Two-story side extension and erection of front porch

Location 30 Bingham Park Crescent Sheffield S11 7BH

Date Received 01/12/2006

Team SOUTH

Applicant/Agent Hooley Tratt Partnership

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 materials to be used externally shall match those of the existing building in colour, shape, size and texture.

In order to ensure an appropriate quality of development.

3 The windows on the elevation of the extensions facing south 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.

Attention is drawn to the following justifications:

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

156 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

Site Location

LOCATION AND PROPOSAL

This is a semi-detached house located in a wholly residential area at Greystones. It is two storeys high with a pitched, hipped roof. The exterior is red brick at the ground floor with rough textured white render above. All houses in the area are of

157 a similar design. There is a front garden with a driveway at the side and the rear garden is at a lower level, reached by steps.

It is proposed to introduce a two-storey side extension to the house, maintaining the pitched, hipped roof above. This extension would allow the kitchen to be extended and a utility room introduced, along with a covered storage porch. At first floor, a bedroom and the bathroom would be made larger. There are other internal works, mainly in the basement, that are outside the scope of this application. At basement level an existing door to the garden would be widened and a new window overlooking the rear garden would be put in place. At the front, there would be a window at first floor level for the bathroom and a lockable gate at ground floor. At the rear, a small window at ground floor and first floor level would be introduced. At the side, two windows associated with the storage porch are proposed. At the kitchen door, the existing steps would have a small area of decking introduced.

REPRESENTATIONS

One letter of no objection has been received from a neighbour.

PLANNING ASSESSMENT

Policy Issues

The site is within an area allocated as a housing policy area in the adopted Sheffield Unitary Development Plan (UDP). There is no change of use and no conflict with Policy H10 which deals with development in housing areas.

Policy H14 – Conditions on Development in Housing Areas – states that:

- new extensions should be well designed and in scale and character with the neighbourhood - there should be no overdevelopment, loss of privacy or harm caused to the character of the neighbourhood - safe access to the highway should be provided without any danger caused to pedestrians.

Siting and Layout

At the side of the house there is space to accommodate this extension. Both front and rear building lines are respected and at the rear, access will be maintained down to the rear garden, which is at a lower level via the steps. The driveway at the front would still be retained for parking a car.

Design and External Appearance

The design is acceptable as it is an extension of the existing external appearance. New windows are in scale and character and at the front the front porch is extended along the extension. The pitched, hipped roof is extended across the

158 extension, and between ground and first floor an existing string course would be continued around the extension.

The scale, design and external appearance are in keeping with the character of the area and there is no conflict with Policy H14 of the UDP.

Impact on Neighbours’ Amenities

The windows to be introduced onto the front and rear facing elevations would not encroach on the privacy of the neighbours. However, the two windows at the side associated with the covered storage porch would need opaque glass in them to ensure that there would be no overlooking of the neighbour. This would be controlled by a condition.

There are no other implications for neighbours’ amenities and no conflict with Policy H14 of the UDP, or with Supplementary Planning Guidance – “Designing House Extensions”.

Parking, Access and Highways

The driveway at the front of the house would be retained to allow a car to be parked and pedestrian safety would not be compromised by this proposal.

SUMMARY AND RECOMMENDATION

The proposal is for a two-storey side extension with a pitched, hipped roof. The design and external appearance is in keeping with the appearance of the existing house and extends existing features. The scale and massing is acceptable and in keeping with the surrounding area and there is no adverse impact on the amenities of neighbours subject to a condition relating to the two side facing windows.

The application does not conflict with UDP policy or Supplementary Planning Guidance, is acceptable, and recommended for conditional approval.

159

Case Number 06/04614/CAC

Application Type Conservation Area Consent Application

Proposal Demolition of retail warehouse

Location Office World 1 Eyre Street Sheffield S1 4QW

Date Received 05/12/2006

Team CITY CENTRE AND EAST

Applicant/Agent Urban Innovations

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 In the event that buildings identified for demolition are demolished before a binding legal contract for the carrying out of works of redevelopment of the site is made the site shall be left in a clean and tidy condition to the satisfaction of the Local Planning Authority.

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 Cultural Industries Quarter Conservation Area.

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.

BE15 - Areas and Buildings of Special Architectural and Historic Interest BE16 - Development in Conservation Areas BE17 - Design & Materials in Areas of Special Character or Historic Interest

160 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

Site Location

LOCATION AND PROPOSAL

The application site comprises the former Officeworld retail warehouse, a 960 square metre retail shed that occupies approximately one third of the site fronting Eyre Street. The remainder of the plot, to the rear of the building, is hard-surfaced and currently utilised for Council car parking.

161

The building comprises a double-height low pitch roof and is constructed in brick and red and grey cladding with some area of glazing. The building is considered to be of a poor quality.

This is an application for Conservation Area Consent for the demolition of this unlisted building within the CIQ Conservation Area.

RELEVANT PLANNING HISTORY

The most relevant planning history is the previous application for the redevelopment of the site:

06/02316/FUL: Erection of a part-6, part-9 and part-17 storey office block (Use Class B1) and a hotel (Use Class C1) in a part-6, part-10 storey block including café (Use Class A3) at ground and lower-ground floor with basement car parking.

The following application is also of note:

06/01289/RG3: Use of land as short stay public pay and display car park (change of use planning application under Regulation 3 - 1992) Approved: 31.05.2006

SUMMARY OF REPRESENTATIONS

The application was advertised by way of site notice, press notice and neighbour notification. No responses have been received.

PLANNING ASSESSMENT

The application proposes the demolition of an unlisted building with the CIQ Conservation Area to enable the development of the site for a major mixed-use scheme, considered in the previous item. The key issue to consider in the determination of this proposal is the appropriateness of demolishing the existing building to enable its redevelopment.

Principle of demolition

Policy BE15 of the Unitary Development Plan relates to areas and buildings of Special Architectural and Historic Interest and notes that development that would harm the character or appearance of Conservation Areas will not be permitted. Policy BE16 relates specifically to development in Conservation Areas and advises that permission will only be granted for proposals that contain sufficient justification to enable their impact on the area to be judged acceptable and where it would preserve or enhance the special character or appearance of the Conservation Area. In Conservation Areas and Areas of Special Character, Policy BE17 advises that a high standard of design using traditional materials and a sensitive and flexible approach to the layout of buildings and roads will be expected for new buildings.

162 Also relevant to the determination of this application is PPG15 (Planning and the Historic Environment), which provides specific advice with regard to demolition in Conservation Areas. Paragraph 4.27 of PPG15 confirms that there is a general presumption in favour of retaining buildings that make a positive contribution to the character or appearance of a Conservation Area. As such, it is expected that proposals to demolish such buildings should be assessed against the same broad criteria as proposals to demolish listed buildings, which has regard to the condition of the buildings and cost of repair, the adequacy of efforts to retain the building and the merits of alternative proposals for the site. PPG15 then clarifies that in less clear-cut cases - for instance, where a building makes little or no such contribution - the local planning authority will need to have full information about what is proposed for the site after demolition. It advises that consent for demolition should not be given unless there are acceptable and detailed plans for any redevelopment. It has also been held that it is relevant to consider the merits of any proposed development in determining whether consent should be given for the demolition of an unlisted building in a Conservation Area.

The existing Officeworld retail warehouse is a very modern addition to the streetscene in relation to surrounding historic properties and it is considered that it makes no contribution to the character of the CIQ Conservation Area by virtue of its poor design and rundown appearance. On this basis, the principle of demolition is considered broadly acceptable and in accordance with Policy BE16 of the UDP. However, in accordance with PPG15, if the building makes little or no contribution, it states that the local authority will need to have full information about what is proposed after demolition, which must be acceptable.

As detailed in the previous report, a full planning application has been submitted for the redevelopment of the site, which provides a modern building utilising high quality materials and of a scale that addresses the character of the Conservation Area to Eyre Lane as well as the city scale fronting Eyre Street. It is considered that the proposed development will introduce a range of materials that are more appropriate to a Conservation Area including stone cladding, brick and a high- quality glazing system. As such, it is considered to be in accordance with Policy BE17 of the UDP.

It is therefore concluded that the proposed demolition of Officeworld in the context of the redevelopment proposal submitted under application 06/02316/FUL is in accordance with relevant planning policy within the adopted UDP and advice contained within Planning Policy Guidance Note 15 (Planning and the Historic Environment).

SUMMARY AND RECOMMENDATION

The application is recommended for approval subject to conditions.

163

Case Number 06/04642/FUL

Application Type A Full Planning Application

Proposal Alterations to previously approved scheme 04/00177/FUL to alter garden levels and provision of retaining structures

Location 16-26 Blenheim Mews Ecclesall Road South Sheffield (1-30 Exc 13 Blenheim Mews)

Date Received 04/12/2006

Team SOUTH

Applicant/Agent Shepherd Homes Limited

Recommendation Grant

Subject to:

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas BE5 - Building Design and Siting GE15 - Trees and Woodland H15 - Design of New Housing Developments

Attention is drawn to the following directives:

1. This consent is a variation to planning application number 04/00177/FUL and all conditions on that consent remain relevant.

164 Site Location

LOCATION AND PROPOSAL

The application site is the recently constructed Blenheim Mews, which has been built on the site of the former Blenheim Nursing Home and adjoining bungalow. This development is of three storey town houses fronting Ecclesall Road South and dropping down the slope to the rear where the gardens adjoin the public footpath that links Silverdale Crescent with Silverdale Close. All surrounding uses are residential.

The drawings attached to the planning consent that approved this scheme ref no. 04/00177/FUL, showed that gardens sloped down to the boundary, where a 1.8 metre close boarded fence was proposed. The developers, Shepherd Homes, implemented a different scheme from that shown on the plans with the revised

165 garden levels and higher fencing that affected the boundaries along the south west and the bottom of the site with the public footpath.

Members may recall that a retrospective application ref no. 06/00939/FUL for the unauthorised works was refused by the Board on 30 May 2006 and that enforcement action was authorised for the restoration of levels and boundary treatment to that which was approved. Members may also recall that along the boundary with the footpath, what had been built was different from that shown on the plans, but both the proposed and constructed schemes were unacceptable. Enforcement proceedings were started, and as part of this process, negotiations continued with Shepherd Homes in an attempt to reach an acceptable solution.

This new application has been submitted which relates to plots 23 to 28 inclusive, six houses that run along the south western boundary which is with 20 Silverdale Close and 199 Ecclesall Road South. This application does not alter the housing layout or any of the plots, rather an adjustment of the garden levels of the six plots from the earlier consent. In essence, this application is a repeat of part of the earlier, refused application and is retrospective, the work already having been done.

In support of the proposal the applicant stated in the earlier refused proposal that the consent implemented resulted in gardens which had a gradient of 1 in 3 which were problematic. At such a gradient there is a possibility of land slippage which raises a safety issue. Also, the applicant intends to create garden spaces which would be more useable and meaningful. Consequently, the development involves the raising of garden levels on all plots which includes retaining walls and the introduction of fencing to establish garden boundaries.

Plots 23 to 28 all show retaining walls with fencing around the garden boundaries. Rear access to the garden is shown via a footpath that lies between plots 23 and 24 providing a link to the internal estate road. In parts the height of the retaining wall is shown to reach 2 metres high with close boarded fencing on top, 1.8 metres high.

Along the boundary with 20 Silverdale Close is a dense conifer hedge that is about 6 to 7 metres high and there is also a hedge along the boundary with 199 Ecclesall Road South which is neither as dense or high but still substantial.

RELEVANT PLANNING HISTORY

In September 2002 an application for 31 town houses was refused (ref: 01/10532/FUL) on the grounds that it was contrary to Policy H14 of the Adopted Unitary Development Plan (UDP) because the rear crescent was out of scale and character with the area.

On 24 February 2003, an application (03/03857/FUL) for 30 houses was resisted by South Area Planning Board. In taking this decision, the Members made specific reference to a plot identified as No. 17 close to the existing house at 10 Silverdale Crescent. A revised scheme was submitted that omitted Plot 17 and this was

166 considered improvement enough to allow the Board to support the application and it was granted (as amended) on 17 March 2003.

On 16 March 2004 an application (04/00177/FUL) for alterations involving re-siting 4 dwellings, alterations to car parking and introduction of paths and bin stores was granted.

On 30 May 2006, a retrospective application (06/00939/FUL) for raising ground levels and altering boundary treatments for plots 17 to 28 inclusive was refused and enforcement action authorised for amendment of the gardens and boundaries to that approved.

REPRESENTATIONS

Two letters have been received. One is from a resident of one of the houses affected by the application who states that further retaining features are not necessary. The other letter is from the owner of 20 Silverdale Close which adjoins the site, who has the following objections:

- This is very similar to the application that was refused in May 2006. - No justification has been received from the applicant for this proposal. - The levels altered because Shepherd Homes tipped large quantities of material on the site. - The work has already been carried out without planning permission and the earlier application was refused. - Long delays in Shepherds complying with the proposal, even in the face of enforcement action. - Damage to the character of the area.

PLANNING ASSESSMENT

Policy

The site is within an area allocated as Housing Policy Area according to the adopted UDP for Sheffield. Policy H10 states that housing is the preferred use in such areas subject to the other policy criteria.

Policy H14 states that:

- New buildings should be well designed. - The site should not be overdeveloped or deprive residents of light, privacy or security. - Safe access to the highway. - Not suffer from unacceptable air pollution or other nuisances; and - Not lead to noise, excessive traffic levels or other nuisances.

Policy BE5 deals with building design and siting and seeks to ensure that a high quality in this respect is achieved.

167 Policy GE15 deals with the trees and woodland and this policy requires trees and landscaping to be retained within sites where possible and any trees lost should be replaced.

Policy H15 deals with the design of new housing developments and adequate private gardens and amenity space should be provided to ensure that basic standards of light and privacy are retained.

It is considered that the single most important issue with this proposal is the impact of the development on the neighbours at 20 Silverdale Close and 199 Ecclesall Road South.

Impact On Neighbours

It is important to note that the entire boundary of 20 Silverdale Crescent has a dense conifer hedge of at least 6 metres high. This provides effective screening between the proposal and 20 Silverdale Close, as does the hedge between 199 Ecclesall Road and the site.

The alterations to plots 23 – 28 are screened from public view because they lie between the conifer hedge and the houses. They can only be seen by the people living there. It is accepted that the solution to raise garden levels is engineered but there are benefits in these because they will be more meaningful amenity spaces for the residents.

Due to the effective screening, there would be no harm to the locality in terms of visual impact and appearance of this part of the application. It is noted that the proposal has been constructed in accordance with the plans as submitted. Also, due to the density of the conifer hedge, there would be no possibility of overlooking, so there would be no loss of privacy.

Consequently, this part of the application does not conflict with policies H14, H15 or BE5 of the adopted UDP.

Members should be aware that the same conclusion was reached in the board report for the earlier, refused application ref: 06/00939/FUL and that there have been no material changes since then. Members should also be aware that enforcement action was not taken in respect of development proposed retrospectively in this new application, because there was no harm to neighbours.

Impact On The Character Of The Area

The alterations to the levels and boundaries of the plots would not have an adverse impact on the character of the area. This is because the alterations are completely screened between houses and the hedgerows on the other side. They are not in the public domain at all and can only be seen by the occupants of the houses associated with plots 23 to 28. There is no conflict with UDP policy in this respect.

168 Impact On Trees

The trees affected by this development are those in the hedges along the site boundary. The walls and fences have been constructed away from the hedges which do not appear to have been affected. There is no conflict with policy GE15 of the UDP.

RESPONSE TO REPRESENTATIONS

It is acknowledged that the application is similar to that refused in May 2006.

No justification was received with this proposal, but a justification was submitted with the earlier, refused application which is the same scheme.

It is acknowledged that the work has already been carried out without planning permission and that there have been delays in resolving the matter.

With respect to possible damage to the character of the area, this has been addressed earlier in this report.

SUMMARY AND RECOMMENDATION

This is a planning application to vary the details and layout already approved under an earlier planning consent (04/00177/FUL) for plots 23 to 28 inclusive, including the introduction of retaining features.

The report for these variations and others along the public footpath (06/00939/FUL) concluded that the alterations to plots 23 and 28 were acceptable and members accepted this. The report for this new application limited to this part of the site reaches the same conclusion and there have been no material changes.

There would be no loss of privacy or overlooking because of boundary screening, no adverse impact to the character of the area and trees would not be affected. There is no conflict with UDP policies and this application is recommended for approval.

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Case Number 06/04682/FUL

Application Type A Full Planning Application

Proposal Alterations to workshop for use as offices (Class B1 Use)

Location 279A Fulwood Road Sheffield S10 3BD

Date Received 05/12/2006

Team SOUTH

Applicant/Agent DLP Consultants

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 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.

4 A Repairs Schedule indicating details of brickwork, roof, doors and windows should 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 schedule.

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

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S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings

Attention is drawn to the following directives:

1. 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.

171 Site Location

LOCATION AND PROPOSAL

The application site is known at 279A Fulwood Road but is located at the rear of the buildings fronting Fulwood Road. On the other side of the site is Ashgate Road and between the two roads a single track cobbled access known as Ashgate Lane runs which serves the rear of buildings on Fulwood Road and Ashgate Road. The buildings fronting onto Fulwood Road are shops, this terrace being part of Broomhill Shopping Centre and those fronting onto Ashgate Road comprise a three storey Georgian terrace of houses and flats, which are Listed Grade 2. In addition is Ashgate Lane, which provides access to the servicing of the shops and the rear of the dwellings, as well as to the application site.

279A Fulwood Road is a disused two storey brick former workshop with a pitched roof. The front, namely that elevation facing onto Ashgate Lane is two storey with

172 windows and doors but the rear elevation is only single storey and blank apart from a single door. Both end elevations are blank.

The building is neglected and in a very poor state of repair. It comprises an older building which has a consistent red brick with an extension of about the same size with a more varied type of red brick.

The proposal is for the building to be brought back into use as a small office (Class B1).

RELEVANT PLANNING HISTORY

On 17 July 2003 an application ref: 03/01837/FUL for student accommodation at this site was refused because of loss of privacy, poor outlook and no amenity space.

REPRESENTATIONS

None have been received.

PLANNING ASSESSMENT

Policy

The proposals map for the adopted Unitary Development Plan (UDP) shows that the site is within the Broomhill District Shopping Centre and the Broomhill Conservation Area. The site is also very close to a Georgian terrace, which is a Grade 2 Listed Building.

Policy S7 Development in District and Local Shopping Centres states that Business (B1) uses are acceptable in such areas. Policy S10 – Conditions on Development in Shopping Areas states that there should not be a concentration of uses which would prejudice the preferred retail use, residents should not suffer any harm and there should be an adequate public transport service, appropriate off- street parking and no danger to pedestrians.

Policy BE16 – Development In Conservation Areas – states that the character of the conservation area should be preserved or enhanced.

Policy BE19 – Development Affecting Listed Buildings – seeks to preserve the character and setting of Listed Buildings.

Impact On Dominance Of The Preferred Retail Use

The site is at the rear of the main shopping centre and given that the former use was a workshop to be replaced by offices, there is no impact on the retail function of the shopping centre. There is, therefore, no policy conflict in this respect.

173 Alterations To Building

The siting of the building remains unaltered and no extensions are proposed. The building is currently in a very poor state of repair and something of an eyesore. The alterations proposed to the building involve improving the exterior, including replacing windows and doors and repairing the brickwork.

The proposed plans show that an old shutter opening will be replaced by a more traditional small window and two sets of large wooden doors will be replaced by glazing. The replacement windows have a vertical emphasis to allow the building to relate more closely to surrounding buildings. All brick will match the existing red brick and repairs to the roof would match the existing slate. This will improve the visual quality.

Impact On The Conservation Area And The Setting Of The Listed Buildings

The proposal includes various improvements to the exterior of the building. Sash windows would be retained and introduced at the first floor, the brickwork would be repaired, chimney retained so that the overall appearance would improve and be in keeping with the character of the Conservation Area. The works to the building would also improve the setting of the Grade 2 Listed Georgian Terrace on Ashgate Road.

Consequently the proposal would comply with policies BE16 and BE19 of the UDP.

Impact On The Amenities Of Neighbours

The building is approximately 12 metres from the rear elevations of the adjacent residential properties on Ashgate Road. The properties directly opposite at 16 and 18 Ashgate Road are well screened from the building by a 2.5 metre high boundary wall and timber gates which screen the rear facing windows from view.

The office hours would be 0900 to 1700 hours and there would be two full time staff employed at the premises. Given that there are limited staff numbers, the screen wall and Ashgate Lane is in the public domain, it is considered that there would be no loss of privacy to existing residents. Also given the nature of the proposed use, no noise nuisance would result.

Parking, Highways & Transportation

The proposal does not include any car parking. The site is in a highly sustainable location, being within a district shopping centre which is very well served by buses. The site is also within walking distance of many households. In light of the nature of the proposed use, the limited amount of office space available combined with the accessible and sustainable location, car parking is impractical and unnecessary. There are on street parking restrictions in Broomhill, so on street parking is now self regulated.

174 Access

Pedestrian access into the building would be from both Ashgate Lane and Fulwood Road, but the main entrance would be from Ashgate Lane, which would include a level threshold. Disabled access would also be available to the first floor via a passage from Fulwood Road to the rear of the building.

SUMMARY AND RECOMMENDATION

It is proposed to use a vacant and dilapidated former workshop or offices. The building would be renovated and repaired to a standard that would be in keeping within its location in a Conservation Area and close to Listed Buildings.

There would be no impact on the preferred retail use of the Broomhill Shopping Centre and the car free nature of the proposal is acceptable given the light use and sustainable location. There would be no impact on the amenities of neighbours.

The proposal complies with relevant UDP Policy and is, therefore, recommended for conditional approval.

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