®Planning appeal decision
Land Bounded by Rockingham Street and Wellington Street and Trafalgar Street, Sheffield
Planning appeal 3324229 at Land Bounded by Rockingham Street and Wellington Street and Trafalgar Street, Sheffield (Sheffield City Council) was allowed on 14 December 2023 by Inspector Worden M, following a hearing. The main issue, as the Inspector framed it: Whether the proposals to reduce the height of the towers from 38 storeys to 32 storeys in the case of Appeal A and to 35 storeys in the case of Appeal B, are within the scope of amendments permitted to be made under section 73 of the Town and Country Planning Act 1990 (the Act).
Variation of condition 2 (approved plans) of permission 21/0534/FUL to reduce the main tower height from 38 storeys to 32 storeys (Appeal A) or 35 storeys (Appeal B), reconfigure windows, change facade materials to brickwork, and revise the accommodation mix
- Authority
- Sheffield City Council
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Other Major Developments
- Inspector
- Worden M
- Postcode
- S1 4NN
Main issues, as the Inspector framed them
- Whether the proposals to reduce the height of the towers from 38 storeys to 32 storeys in the case of Appeal A and to 35 storeys in the case of Appeal B, are within the scope of amendments permitted to be made under section 73 of the Town and Country Planning Act 1990 (the Act)
What decided it
The description of development used the words 'up to' when specifying storey heights, meaning a reduced height still fell within the operative description and could lawfully be achieved via a section 73 variation of the plans condition.
What the Inspector cited
- Judgments
- Armstrong v Secretary of State [2023] PTSR 1148; Finney v Welsh Ministers [2020] PTSR 455; Barnett v Secretary of State [2010] 1 P&CR 8; R v Coventry City Council ex p Arrowcroft Group plc [2001] PLCR 7
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Sheffield City Council
The authority’s record since 2016 · every decision in 2023
- Dismissed29 October 202660143274 Struan Road, Sheffield, S7 2EH
- Dismissed27 October 20266009090Meadow Farm, Whiteley Wood Road, Sheffield, S11 7TJ
- Dismissed20 October 20266014347Advertising Right Adjacent Park House, Bernard Road, Sheffield, S2 5BQ
- Allowed16 October 202660147191 Twickenham Court, Halfway, Sheffield, S20 4HT
- Allowed12 October 20266012829189 Crimicar Lane, Sheffield, S10 4EH
The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.