Land at Crookes Road / Western View, Sheffield , S10 5BZ

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision Hearing (Virtual) Held on 20 April and 24 August 2021 Site Visit made on 25 August 2021 by Sarah Manchester BSc MSc PhD MIEnvSc an Inspector appointed by the Secretary of State Decision date: 23rd September 2021 Appeal Ref: APP/J4423/W/20/3265227 Land at Crookes Road / Western View, Sheffield S10 5BZ • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. • The appeal is made by Mr S Moss against the decision of Sheffield City Council. • The application Ref 20/01240/OUT, dated 9 April 2020, was refused by notice dated 16 October 2020. • The development proposed is outline planning application (seeking approval for all matters except landscaping) erection of 9 apartments in a 1 x 3/4 storey block with provision of new access and associated car parking accommodation. Decision 1. The appeal is dismissed. Procedural Matters 2. The Hearing was originally opened on 20 April 2021. It was adjourned shortly thereafter when it became apparent that the plans that were considered by the Council illustrated 10 flats rather than the 9 applied for. Following this, I wrote to the parties seeking their views as to how the matter could be addressed. 3.

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision Subsequently, revised plans were submitted to illustrate an amended internal layout. One of the previously illustrated ground floor flats would be replaced by a storage area for use by future occupiers, the windows of which would be obscurely glazed. No other external or internal alterations would be made. The amended plans illustrate 9 flats and this corresponds with the description of the development and the scheme that was considered by the Council. 4. Where amendments are proposed during the appeal process, the Wheatcroft Principles must be taken into account in deciding whether or not to accept the amended scheme. This requires a judgement as to whether the development is so changed that to grant it would be to deprive those who should have been consulted on the changed development of the opportunity of such consultation. 5. In this case, the amendments would not increase the number of residential units nor significantly alter the appearance of the building. I am satisfied the amended plans do not materially alter the proposal. Nevertheless, the Council has been provided with the opportunity to comment on the amended plans and a neighbour consultation has also been carried out.

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision Therefore, notwithstanding the third-party concerns in relation to the processing of the application and the appeal, I am satisfied that no party would be prejudiced by the appeal being considered based on the amended plans. https://www.gov.uk/planning-inspectorate

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision Therefore, notwithstanding the third-party concerns in relation to the processing of the application and the appeal, I am satisfied that no party would be prejudiced by the appeal being considered based on the amended plans. https://www.gov.uk/planning-inspectorate

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision Appeal Decision APP/J4423/W/20/3265227 6. The revised National Planning Policy Framework (the Framework) was published in July 2021. The parties have been provided with the opportunity to comment on the implications of the revisions to their cases. I have taken account of the revised Framework and any comments made in my assessment. Main Issue 7. The main issue is the effect of the proposal on the provision of open space, with particular regard to opportunities for recreation and the character and appearance of the area. Reasons 8. The appeal site is an area of amenity grassland with shrubs in a prominent location between Crookes Road and Weston View. It is part of an area of open space that extends from the junction of the roads and to the side and rear of the neighbouring Weston View apartment building. Part of the Crookes Road boundary is formed by a stone wall, but the appeal site is open to the Weston View footway and around the road junction. It is in a primarily residential area, comprising a mix of properties including 3 and 4 storey flatted developments, traditional terraced dwellings and a sports and community facility. 9.

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision Policy CS47 of the Sheffield Development Framework Core Strategy Adopted March 2009 (the CS) sets out the development of open space will not be permitted where it would result in a quantitative shortage in the local area or where local people would be denied easy or safe access to informal open space that is valued or well used. Consequently, development resulting in the loss of open space is permitted only in limited circumstances. These include where equivalent or better replacement open space would be provided, where the site is surplus for its open space function and it would either be replaced or could not fulfil unsatisfied open space needs, or where the proposal would be ancillary to the open space and it would have a minimal impact on it. 10. While the CS pre-dates the Framework, Policy CS47 is generally consistent with it, including paragraph 99 which states that open space should not be built on unless an assessment has shown it to be surplus to requirements, or the loss would be replaced by suitable equivalent or better provision elsewhere, or the development would be more beneficial alternative provision. 11. The proposal would be a 3 to 4 storey building with a flat and partly green roof.

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision It would comprise 3 blocks of flats connected by internal circulation areas finished in contrasting brickwork. The flats would have private balconies and there would be a communal outdoor area between the building and Crookes Road. There would be parking provision for 9 cars, including a small car park between the proposal and the neighbouring flatted development. 12. The appeal site is part of a large area of Open Space identified in the Sheffield Unitary Development Plan Adopted March 1998 (the UDP). The Open Space allocation has been redeveloped since that time and the UDP proposals map is no longer an accurate representation of the area. Much of the former Open Space continues to provide opportunities for outdoor sport and recreation facilities, but the part close to Crookes Road has been developed1 for housing, sports facilities and pavilion, open space and landscaping. As part of the earlier 1 Planning permission Refs 02/04023/OUT and 03/04091/REM https://www.gov.uk/planning-inspectorate 2

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision Appeal Decision APP/J4423/W/20/3265227 scheme, the land between the pavilion and pitches and Crookes Road, which includes the appeal site, was laid out as landscaped informal public open space. 13. The open space on the opposite side of the Weston View junction is densely vegetated with planting including trees. In contrast, the appeal site is well maintained with amenity mown grassland and ornamental shrub beds. The Hearing was told that part of the management charge levied on the Weston View residential leaseholders is used for the maintenance of the informal open space. Although the earlier permission and associated planning obligation do not preclude future development, the appeal site was laid out and it is maintained as an area of informal open space. 14. The appeal site is privately owned such that access to it could be restricted. However, private land is not specifically excluded from the definition of open space in the Framework as it can offer important opportunities for sport and recreation and can act as a visual amenity. The appeal site is currently open and accessible to members of the public including the neighbouring residential occupiers.

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision Moreover, there is little substantive evidence that the appellant would enclose the land to exclude public access if the appeal should fail. 15. The appellant suggests that the appeal site nevertheless fails to meet the definition because, although it is valued visually, it is of little recreational value. However, it was identified in the UDP and it was subsequently formally laid out as informal open space for the benefit of the local community including residents of Weston View, and it is maintained as such. Therefore, the appeal site is open space for the purposes of the Framework. 16. There is an acknowledged deficit of informal open space in the area, with roughly 0.03ha per 1000 population against the standard requirement of 2.7ha. Consequently, even relatively small losses of open space would exacerbate the significant shortfall in provision. The Weston View residential development, including its road and parking, undoubtedly encroached on the UDP Open Space allocation. While the full details of the earlier scheme are not before me, it was considered in an earlier policy context and the development of the sports and community facilities appears to have enhanced the pre-existing provision.

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision The earlier scheme does not appear directly comparable to the appeal proposal and it does not provide a justification for unmitigated loss of open space. 17. In quantitative terms, the appeal site is not surplus to the area’s open space requirements. Nevertheless, based on his observations over a number of years, the appellant considers that the appeal site is under-utilised, being primarily as a cut through from Crookes Road to Weston View. He further considers that its size, sloping ground, lack of enclosure and proximity to roads make it unsuitable for recreational use. However, it is a sufficiently large area and I see no reason why the gentle slope or degree of openness would prevent it from functioning as informal open space. 18. The cut through path is a well-worn and conspicuous feature, but the obvious desire line is not evidence that the remainder of the open space is not used. Indeed, third-party representations to the planning application and the appeal refer to the value of the appeal site to the local community including for sitting out, informal children’s play and exercise, and dog walkers.

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision Irrespective that some representations were made by people from outside the immediate area, the open space is valued locally including by occupiers of neighbouring flatted developments who have no private outdoor space. Moreover, the importance of https://www.gov.uk/planning-inspectorate 3

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision Irrespective that some representations were made by people from outside the immediate area, the open space is valued locally including by occupiers of neighbouring flatted developments who have no private outdoor space. Moreover, the importance of https://www.gov.uk/planning-inspectorate 3

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision Appeal Decision APP/J4423/W/20/3265227 accessible open space, particularly to people in densely built environments, has been further emphasised by the need to stay local and work from home during the coronavirus pandemic. 19. I accept that the appellant knows the site and he passes it relatively frequently. However, the neighbours are permanently resident in the area. There is little substantiative evidence before me, such as a survey of its use or value to the local community, to demonstrate that it is under-utilised or otherwise surplus to requirements. The residential development would not be alternative sports and recreation provision of greater benefit to the local community. The loss of the open space would not be replaced by equivalent or better provision in a suitable accessible location. 20. The open space that would remain between the proposal and the neighbouring Weston View building would be much reduced in extent, increasingly enclosed by built development and considerably less, if at all, accessible to the public. At the time of my visit, the unenclosed green spaces to the rear of the nearby sport and community facility appeared to be sports pitches or otherwise relatively inaccessible.

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision Lydgate Park, Boleshills and Crookes Valley Park offer greater opportunities for sport, secure children’s play and formal and informal recreation than the appeal site. However, Lydgate Park, which is apparently the closest of these to the appeal site, would be a perhaps 10 minute walk, mostly uphill and crossing several roads including the busy Crookes Road. The provision of bigger and better sport and recreation facilities at greater distances would not compensate for the loss of local informal open space. 21. The side of Crookes Road that extends away from the appeal site and beyond the Lydgate Lane junction is dominated by large purpose-built flatted developments. The opposite side of Crookes Road from the appeal site is dominated by closely spaced tall buildings. In this context, the open space to either side of the Weston View junction, with the low-level sports and community facilities behind, provides a welcome visual break and it softens the hard built environment. The absence of built form provides a visual link across the lower-lying townscape and to the green spaces and tree canopies that punctuate and soften the built environment.

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision The appeal site is not left-over land, but rather it is an integral part of the designed landscaped setting and entrance to Weston View and the sports facilities. Consequently, the appeal site makes a positive contribution to the street scene and townscape. 22. The building would be slightly set back and down from Crookes Road, but it would be built close to Weston View and its junction with Crookes Road. By virtue of its prominent roadside siting and its large size and scale, there would be a significant visual impact. The scale of the proposal would not be out of keeping with nearby flatted developments, but it would not be visually well related to and it would not be assimilated by nearby buildings. It would not respond positively to the surrounding more natural landscaped green space. 23. The protruding and large expanse of building would be a significant uplift in the quantum of hard built development. The adverse visual impact would be exacerbated because the building would obscure the views across the site of nearby green space and mature trees. Moreover, it would not be softened or integrated by the proposed green walls or landscape planting such as could be accommodated around the building.

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision There would be a noticeable increase in the sense of enclosure to Crookes Road and Weston View, including the lower https://www.gov.uk/planning-inspectorate 4

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision There would be a noticeable increase in the sense of enclosure to Crookes Road and Weston View, including the lower https://www.gov.uk/planning-inspectorate 4

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision Appeal Decision APP/J4423/W/20/3265227 lying sports and community facilities. Consequently, the replacement of the open space with a substantially large building would not contribute positively to, and it would diminish, sense of place and local distinctiveness. 24. Therefore, the proposal would exacerbate the existing shortfall in informal open space provision and it would harm the character and appearance of the area. It would diminish and it would be detrimental to the quality of the urban residential environment. I conclude that the proposal would conflict with saved UDP Policies LR5 and BE5 and CS Policies CS47 and CS74. These require, among other things, that development avoids loss and harm to open space including its character and appearance, taking advantage of natural features, and that it should contribute to place-making and healthy and sustainable neighbourhoods. It would conflict with the aims of the Framework in relation to development creating sustainable places that function well and that add to the overall quality of the area, and which promote health and well-being with a high standard of amenity for existing and future users. Planning Balance 25.

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision When the application was determined and the appeal was made, the appellant disputed that the Council could demonstrate a 5 year deliverable supply of housing land (5YHLS). However, when the Hearing was initially opened in April 2021, the appellant did not dispute the Council’s position that it could demonstrate a 5.4 year supply, though he considered that it was marginal. 26. Due to the adjournment of the Hearing, the Council was invited to comment on the implications of the new standard method for its 5YHLS, specifically the 35% cities and urban centre uplift which would apply to several local urban authorities including Sheffield from 16 June 2021. On 12 August 2021, and with reference to 2 recent appeal decisions2, the Council confirmed that it cannot demonstrate a 5YHLS. It expects to be able to evidence a 4 year supply, which is a substantial shortfall. Consequently, because of the provisions of footnote 8, paragraph 11 d) ii. of the Framework should be applied. 27. While the UDP dates from 1998 and the CS dates from 2009, paragraph 219 of the Framework sets out that due weight should be given to policies not according to their age but to their degree of consistency with the Framework.

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision The Framework provides support for strong, vibrant and healthy communities including by ensuring sufficient homes are provided in well-designed places with accessible services and open spaces. It emphasises the importance of access to a network of high quality open spaces and opportunities for physical activity for the health and well-being of communities. It sets out that open space should not be built on unless certain conditions are met. 28. The Framework also expects development to add to the overall quality of the area, being sympathetic to its surroundings, maintaining a strong sense of place and with a high standard of amenity for existing and future users. Notwithstanding the government’s objective to significantly boost the supply of housing and the Council’s housing land supply position, the conflict between the proposal and saved UDP Policies LR5 and BE5 and CS Policies CS47 and CS74 should therefore be given significant weight in the appeal. 2 Refs APP/J4423/W/20/3262600 and APP/J4423/W/21/3267168 https://www.gov.uk/planning-inspectorate 5

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision Appeal Decision APP/J4423/W/20/3265227 29. Set against the harm that I have identified would be the benefits of the proposal. Although it has not yet published a monitoring report updated to take into account the 35% cities and urban area uplift, the Council considers that its annual housing requirement for the next 5 years will be 2,923 net additional homes plus a 5% buffer. In this context, 9 residential units would make a modest contribution to the overall supply of housing. 30. The Broomhill Conservation Area (the CA) covers a largely residential urban area. Its significance derives in part from the 19th century buildings finished predominantly in stone and slate including terraced, semi-detached and detached dwellings, many of which are listed buildings or buildings of townscape merit. Boundaries are characteristically formed from stone walls. The built environment is interspersed with mature planting including trees and tree groups. 31. The appeal site lies to the north of the CA and it is separated from it by Crookes Road, which is a wide and busy road. The proposal would not affect the setting of any notable buildings nor the CA.

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision While it would be visible from within the CA, it would not interrupt significant views in or out of the CA. I understand the third-party concerns in this regard but, on the basis of the evidence before me, I find there would be no harm to the significance of the designated heritage asset. This weighs neither for nor against the proposal. 32. The loss of the open space and the introduction of built form would harm the character and appearance of the area. However, the application was not refused on grounds relating to the design or appearance of the building. Nevertheless, the Council considers that the proposal would not be high quality design and, if it had been minded to approve it, it would have requested external amendments. Consequently, it suggests conditions to secure alternative details. The parties agree that changes to the circulation cores would be minor modifications that could be satisfactorily addressed by condition. I see no reason to disagree. 33. In relation to the balconies overlooking the road junction, the Council suggests they should be removed or incorporated into the building to create a strong elevation. Either option would result in significant alteration to the appearance of the building.

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision The removal of the side wall of the balconies on the Crookes Road elevation would have implications for the delivery of the living green wall. 34. The removal of the balconies without alternative provision would remove the private outdoor space for future occupiers of those flats. The incorporation of the balconies into the building might overcome this concern. However, the necessary internal alterations might compromise the internal living space, notwithstanding that the Council confirmed at the Hearing that it considered the external appearance of the building to be more important than the living conditions of future occupiers. 35. Taking into account the external and internal alterations and the loss of residential amenity, I am not convinced that the removal of the balconies would be a minor modification to the scheme. As this is not determinative in the appeal, there is no requirement for me to consider it in greater detail. Nevertheless, by virtue of the roadside location and design, the eastern balconies would be prominent in the street scene. They would result in a conspicuous and somewhat cluttered first impression of the building.

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision Therefore, taking into account the emphasis of the Framework on high quality, beautiful https://www.gov.uk/planning-inspectorate 6

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision Therefore, taking into account the emphasis of the Framework on high quality, beautiful https://www.gov.uk/planning-inspectorate 6

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision Appeal Decision APP/J4423/W/20/3265227 and sustainable buildings, the design of the proposal carries slight negative weight against the proposal. 36. The off-street parking provision for 9 cars would be significantly below the Council’s parking standards for a development of this size. Although Weston View and surrounding streets are already subject to a high level of on street parking pressure, the Council considers the substandard parking provision would be acceptable. This is in part because future occupiers could access services and facilities by sustainable transport modes and they would not need regular access to a car. I am sympathetic to the neighbouring residential occupiers who would be inconvenienced by a further intensification of demand for on street parking. However, subject to conditions including some that would require the formal agreement of the appellant, there is little substantive evidence that the shortfall in parking provision would harm the safe operation of the highway. This carries neutral weight in the assessment. 37. The proposal would be high density housing in a suitable accessible location for new residential development.

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision As proposed, there would be an adequate standard of internal living accommodation and external space for future occupiers. By virtue of its orientation and wide separation from neighbouring buildings, there would be no close or direct overlooking between neighbouring habitable room windows. Moreover, it would not result in any loss of natural light and it would not be overbearing when viewed from neighbouring residential properties. The appeal site is of low biodiversity value and there would be no significant adverse impact on protected or priority species or habitats. Compliance with development plan policies in respect of these matters weighs neither for nor against the proposal. 38. There would be economic benefits in the short-term during construction and future occupiers of the proposal would contribute to the local economy. The economic benefits weigh in favour of the proposal to a modest degree. Conclusion 39. The proposal would conflict with the development plan and, taking all matters into account, the adverse impacts on open space provision and the character and appearance of the area would significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework taken as whole.

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Appeal Decision Therefore, the presumption in favour of sustainable development does not apply. 40. Therefore, I conclude that the appeal should be dismissed.

Land at Crookes Road / Western View, Sheffield , S10 5BZ — Sheffield City Council — Sarah Manchester INSPECTOR https://www.gov.uk/planning-inspectorate 7 Appeal Decision APP/J4423/W/20/3265227 APPEARANCES FOR THE APPELLANT: Mr Lomas (DLP Consultants) Mr Bolton (DLP Consultants) FOR THE LOCAL PLANNING AUTHORITY: Mr Greenslade Mr Dickson INTERESTED PERSONS: Mr Pickett (neighbour) Mr Richardson (neighbour) Dr Beatson (neighbour) https://www.gov.uk/planning-inspectorate 8