SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate REPORT TO CITY CENTRE SOUTH DATE 01/06/2010 AND EAST PLANNING AND HIGHWAYS COMMITTEE REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS SUMMARY RECOMMENDATIONS SEE RECOMMENDATIONS HEREIN THE BACKGROUND PAPERS ARE IN THE FILES IN RESPECT OF THE PLANNING APPLICATIONS NUMBERED. FINANCIAL IMPLICATIONS N/A PARAGRAPHS CLEARED BY BACKGROUND PAPERS Chris Heeley 0114 2736329 CONTACT POINT FOR ACCESS Lucy Bond TEL NO: 0114 2734556 AREA(S) AFFECTED CATEGORY OF REPORT OPEN 2 Application No. Location Page No. 10/01182/CHU Sheffield Information Link Ground Floor 7 11 Leopold Street Sheffield S1 2GY 10/01181/RG3 Brook Shaw Park Gibraltar Street 14 Sheffield S3 8UB 10/01094/RG3 Land Between South Street And Train Station South Street 20 Norfolk Park (Sheaf Valley Park Phase 1A) Sheffield 10/01074/FUL Curtilage Of 6 Wilkinson Street Sheffield 33 South Yorkshire S10 2GA 10/01067/LBC Zeenat Restaurant 758 - 764 Attercliffe Road 45 Sheffield S9 3RQ 10/01064/CHU Zeenat Restaurant 758 - 764 Attercliffe Road 49 Sheffield S9 3RQ 10/01018/FUL 261-263 Fulwood Road Sheffield 55 S10 3BD 10/01007/CHU 104 South View Crescent Sheffield 63 S7 1DH 10/01006/CHU 747 Abbeydale Road Sheffield 72 S7 2BG 3 10/00993/CHU Ground To Second Floor Offices 447 Glossop Road 81 Sheffield S10 2PR 10/00950/RG3 Car Park To Community Hall Gresley Road 90 Sheffield S8 7HH 10/00825/FUL A Brocklebank Doctor Lane 105 Sheffield S9 5AP 10/00790/FULR Curtilage Of The Cottage Beverleys Road 117 Sheffield S8 9BR 10/00774/FUL Parkway Retail Park Cricket Inn Road 125 Sheffield S2 5AU 10/00475/FUL Rear Of 27A Dore Road Sheffield 144 S17 3NA 10/00229/CHU 37 - 41 The Moor Sheffield 155 S1 4PF 10/00210/LBC 23 - 27 Trippet Lane Sheffield 160 S1 4EL 10/00208/ADV 23 - 27 Trippet Lane Sheffield 163 S1 4EL 10/00194/OUT Land Adjacent To Well Meadow Street, Well Meadow Drive, Brownell Street, Daisy Walk, 167 Radford Road, Upper Allen Street And Netherthorpe Road. Sheffield S3 7EY 4 10/00011/FUL Curtilage Of 130 Warminster Road, And Rear Of Pumping Station Warminster Road 204 Sheffield S8 9BN 09/03744/FUL Land Within Curtilages Of 187-193 Whitham 222 Road 09/03175/FUL Site Of 7 Rockingham Street And Broad Lane Sheffield 234 S1 4EA 5 6 SHEFFIELD CITY COUNCIL Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The CITY CENTRE AND EAST Planning And Highways Area Board Date Of Meeting: 01/06/2010 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 10/01182/CHU Application Type Planning Application for Change of Use Proposal Change of use from office (Use Class B1) to food and drink outlet (Use Class A3) Location Sheffield Information Link Ground Floor 11 Leopold Street Sheffield S1 2GY Date Received 13/04/2010 Team CITY CENTRE AND EAST Applicant/Agent CB Richard Ellis Ltd Recommendation Grant Conditionally Subject to: 1 The development must 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 Food shall only be cooked on the premises by the use of the following cooking appliances; griddles, microwaves, sandwich toasters and Bain Maries. No other type of equipment shall be used for the cooking of food without the prior approval of the Local Planning Authority. In the interests of the amenities of the locality and occupiers of adjoining property. 3 The building shall be used for the above-mentioned purpose only between 0730 hours and 0030 hours on any day. In the interests of the amenities of the locality and occupiers of adjoining property. 4 Amplified sound or live music shall only be played within the building in such a way that noise breakout to the street does not exceed: i) background noise levels by more than 3dB(A) when measured as a 15 minute LAeq, ii) any octave band centre frequency by more than 3dB when measured as a 15 minute Leq, when measured at the façade of the building. In the interests of the amenities of the locality and occupiers of adjoining property. 5 No deliveries to the building shall be carried out between 2300 hours to 0700 hours Mondays to Saturdays and 2300 hours to 0900 hours Sundays and Public Holidays. In the interests of the amenities of the locality and occupiers of adjoining property. Attention is drawn to the following justifications: 1. The decision to grant permission and impose any conditions has been taken having regard to the relevant policies and proposals form the Yorkshire and Humber Plan, the Sheffield Development Framework and the Unitary Development Plan set out below: IB7 - Development in Business Areas IB9 - Conditions on Development in Industry and Business Areas CS3 - Locations for Office Development CS4 - Offices in the City Centre CS17 - City Centre Quarters The proposed change of use is not contrary to planning policy and will provide an active ground floor use on a prominent street frontage. There is no reason why the proposal should impact significantly on amenity given the conditions limiting opening hours and the type of cooking equipment. This explanation is only intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report at www.sheffield.gov.uk/planningonline or by calling the Planning Help Line at (0114) 273 4215. 8 Attention is drawn to the following directives: 1. The applicant is advised that the refuse should be stored in the basement and bins should not be stored on the street other than on refuse collection days. 2. The applicant is advised that the manifestation to the glazing will need replacing when a new tenant occupies the property. 3. From the 6th April 2008, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 2008 require that all requests for confirmation of compliance with planning conditions require a fee payable to the Local Planning Authority. An application to the Local Planning Authority will be required using the new national standard application forms. Printable forms can be found at www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development. 9 Site Location © Crown copyright. All rights reserved. 10018816. 2005 10 LOCATION AND PROPOSAL The application site consists of a shop unit that occupies part of the ground floor of a 6 storey building. The upper floors are used for offices and the rest of the ground floor is occupied by a bar and a lobby to the offices. To the north there are offices and an opticians, the Leopold Hotel is located on the opposite side of Leopold Street. The premises are currently used for offices providing information to the public. The application is seeking permission to use the premises as a café/restaurant. RELEVANT PLANNING HISTORY Planning permission was granted in April 2007 for alterations to the shop front to provide improved disabled access to the building, planning permission 07/01034/FUL. SUMMARY OF REPRESENTATIONS One representation has been received which is in support of the proposal. The comments are that the proposal would serve the many office workers nearby. PLANNING ASSESSMENT Policy The application site lies within a Business Area as defined on the Unitary Development Plan Proposals Map. Business uses (class B1) are preferred but food and drink outlets are acceptable, policy IB7. Policy IB9 states that changes of use in Business Areas should not lead to a concentration of uses which would prejudice the dominance of business in the area. In this case the existing use, which is an information centre, is probably partly a Business use (B1) and partly a Professional Service office (class A2). The floorspace to which the application relates is only 140 sqm. Given the limited floorspace affected, it is concluded that if the change of use were permitted, business uses will still remain dominant in the area. Therefore there is no reason to resist this proposal on the basis of this policy. The application site lies in the City Centre Conservation Area. However, as there are no external changes proposed it will not impact on the character of the conservation area. Core Strategy Policy CS3 identifies the City Centre as a location for Office Development. However the site does not fall within one of the priority office locations, identified in Policy CS4. It lies within the Heart of City quarter, which is intended to provide shopping and visitor facilities, CS17. It is concluded that there are no Core Strategy Policies that would preclude this proposal. 11 Amenity Issues Policy IB9 states that changes of use will be permitted provided that they do not cause residents or visitors in any hotel to suffer from unacceptable living conditions. There are no residential uses near the site. The Leopold Hotel is directly opposite the site and there are a number of food and drink uses within the same complex which are closer to the hotel than the application proposal.