Congleton Borough Local Plan

5. BUILT ENVIRONMENT AND HERITAGE

BH1	Parks and Gardens of Historic Interest
	Statutory List of Buildings of Special Architectural or Historic Interest
BH2	Demolition
BH3	Change of Use/Conversion
BH4-5	Effect of Proposals
BH6	Non-Statutory List of Buildings of Architectural or Historic Interest
BH7	Enabling Development
BH8-10	Conservation Areas
	Ancient Monuments and Archaeological Sites
BH11	Sites of National Importance
BH12	Other Sites of Archaeological Importance
BH13-14	New Agricultural Buildings
	Conversions of Rural Buildings
BH15	General
BH16	Residential Reuse of Rural Buildings

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INTRODUCTION

5.1

This chapter looks at the following aspects of the built environment and heritage of the Plan Area:

buildings of special architectural or historic interest
conservation areas
ancient monuments and archaeological sites
parks and gardens of historic interest
agricultural and rural buildings

5.2

Through the Local Plan, the Borough Council is committed to the protection of the built heritage of the Borough which ranges from nationally recognised Grade 1 Listed Buildings such as Little Moreton Hall and Jodrell Bank Radio Telescope to the humbler traditional farm buildings which are typical of the Borough’s countryside. They are important also as a means of achieving sustainable development. The policies of the Local Plan in respect of the built environment and heritage seek to ensure that these assets are preserved, enhanced and utilised.

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NATIONAL CONTEXT

5.3

Government policies for effective stewardship require effective protection for the built environment. Planning Policy Guidance (PPG) Note 15 outlines the Government’s commitment to effective protection for all aspects of the historic environment – this states that the physical survivals of our past are to be valued and protected for their own sake as part of the cultural heritage and national identity.

5.4

The Secretary of State for Culture, Media and Sport compiles the list of buildings of special architectural or historic interest for the guidance of local planning authorities and also designates Scheduled Ancient Monuments. Government policy establishes two particularly important principles relating to the conservation of Listed Buildings: firstly, a general presumption in favour of the preservation of listed buildings, and secondly, an emphasis on active use, usually an economically viable use, as the best way of securing their upkeep.

5.5

Government policy on archaeology and planning matters is clearly set out in PPG 16, “Archaeology and Planning” for nationally and internationally important sites, both scheduled and unscheduled, PPG 16 establishes a presumption against damaging development and in favour of preservation. The key requirement is to prevent development which would adversely affect either the archaeological deposits or remains on or under the site or its character or setting, and should normally seek to ensure preservation of remains in situ. This approach applies except in the most exceptional circumstances and reasons for departing from it must be extremely strong to counterbalance the national importance of the archaeology.

5.6

Local authorities are also advised to give special consideration in Development Plans to historic gardens, parks and designed ornamental landscapes as places of special historic interest and value for recreation. Inclusion on English Heritage’s Register of historic parks and gardens of special historic interest, though bringing no additional statutory protection, is confirmed by PPG15 as a material consideration for development control purposes

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STRATEGIC CONTEXT

5.7

The Cheshire 2011 Replacement Structure Plan sets out a hierarchy of designations for sites or features of heritage value with the greatest protection assigned, in descending order, to sites or features of international, national, regional, county and local importance (policy R1). Local Plans are expected to identify the sites and areas of land to which the Structure Plan policy applies.

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LOCAL CONTEXT

Statutory List of Buildings of Special Architectural or Historic Interest

5.8

Listed buildings are nationally important because they represent the best of our historic and architectural built heritage. There are currently 485 listed buildings in the Borough of which 7 are Grade I, 35 are Grade II* and 443 are Grade II. They are a significant element of the Borough’s heritage from an architectural and historic point of view as well as being important to the culture and image of the Borough. The Local Plan demonstrates the commitment of the Local Authority to the protection of the buildings themselves, their historic and archaeological value, and their settings, as well as to their sympathetic maintenance and repair.

5.9

Generally the best way of securing the upkeep of historic buildings and areas is to keep them in active use. For the great majority this must mean economically viable uses if they are to survive, and new, and even continuing, uses will often necessitate some degree of adaptation. The range and acceptability of possible uses is therefore usually a major consideration when the future of listed buildings or buildings in conservation areas is in question, with the economic viability of possible uses needing to be balanced against the effect of any changes that they entail in the special architectural and historic interest of the building/area concerned. Sensitive alterations and extensions may be appropriate to retain a listed building in a viable use.

Other Buildings of Historic or Architectural Interest

5.10

Whilst particular buildings/building groups may not have sufficient merit in themselves to warrant inclusion within the statutory list of buildings they do nonetheless perform a very valuable function in terms of contributing to the appearance and heritage of the Borough. Consequently the Plan seeks to encourage the retention and appropriate repair and renovation of such buildings/structures in order that they can continue to contribute positively to the local environment.

Conservation Areas

5.11

There are 10 Conservation Areas in the Borough (see Dig.10); these vary in character from the historic cores of Sandbach, Congleton and Middlewich, to the length of the Trent & Mersey and Macclesfield canals within the Borough. It is important that these areas are protected from development which would spoil their character. However this should not preclude new development completely.

5.12

Conservation Areas are best protected by ensuring that new development accords with the special character of the area. This is achieved by a positive contribution to preservation or by development which leaves its character or appearance unharmed. In this respect, good design is crucial. The design of new buildings, alterations and extensions in a Conservation Area and their landscape setting, whether hard or soft, will need to be considered comprehensively and as integral parts of the whole area.

Dig. 10 Conservation Areas

Ancient Monuments/ Archaeological Sites

5.13

There are a substantial number of designated ancient monuments and archaeological sites in the Borough. As well as the monuments which are already scheduled, or which are know to be of national importance, there are many other sites or areas which are of more local importance. The County Archaeologist also defines Areas of Archaeological Potential.

Parks and Gardens of Historic Interest

5.14

The Borough contains a number of parks and gardens which are of historic interest of which only 1 is on English Heritage’s Register of Historic Parks and Gardens of Special Historic Interest. However, whilst inclusion on the register indicates sites of national importance, the Borough Council has identified other more locally important parks and gardens (on a “Local List” of such sites) within the Plan - this List is afforded policy protection which indicates that development which would adversely affect their special historic character, or their setting, will not be permitted, and makes provision for the promotion of schemes for the repair, restoration or enhancement of parks and gardens by cross-referencing of this policy with that relating to “enabling development”.

5.15

Whilst inappropriate development within registered sites should be guarded against, there may be circumstances where appropriate and carefully planned development may assist in their conservation. The Borough Council will seek to ensure that opportunities will be secured, through conditions or planning agreements, to achieve repair, restoration, and management of the landscape. In view of the sensitivity of registered sites, however, it is unlikely that “outline” permission will be given and that detailed proposals will be required before applications can be determined.

Agricultural Buildings

5.16

New farm development requires planning permission if it comprises large buildings, livestock units close to residential areas, and new development on units of less than 5 hectares. The Local Plan sets out criteria to assess such proposals to ensure there should be no unacceptable adverse impacts on landscape, wildlife, archaeological or historic interests.

5.17

Buildings for intensive livestock rearing, which are usually semi-industrial in design and operation, can be particularly intrusive, and need particularly careful planning and consideration to avoid having a significant local impact.

Conversions of Rural Buildings

5.18

The changing Common Agricultural Policy is bringing land out of agricultural production and is leading farms to seek to diversify their enterprises. Farm diversification can take many forms. Not all of them are subject to planning control, but new nonagricultural uses of land and the alternative use of farm buildings will require planning permission. Appropriate diversification will, in the longer term, enhance the ability of the countryside to sustain itself. Ideally farm diversification proposals should contribute to the longterm maintenance of appropriate farming activity on the remainder of the unit, supporting environmentally sensitive farming practices wherever possible.

5.19

As a major part of rural diversification the Local Plan supports the continued beneficial use of the stock of rural buildings. Buildings suitable for conversion range from agricultural buildings to old mills and pump houses. Reuse provides a way of encouraging new economic activity without the requirement for new buildings in the countryside provided the buildings have good access and can be easily serviced, and so long as the use is of a scale and character appropriate to a rural location.

5.20

Where original uses no longer remain or are obviously no longer practicable, emphasis then should be on finding alternative uses which call for only minimal changes to the structure and external appearance of the building (for example, by maintaining existing door and window openings). Light – or high – technology industry, craft workshops, certain tourism and recreational uses and community uses are usually suitable uses.

5.21

The Local Plan policies generally do not favour of conversion of buildings, and especially those of historic importance, to residential use, because this usually requires the greatest change to the fabric of the building (such as creation of new window and door openings) as well as sometimes difficult subdivision of internal spaces and the addition of external works, such as gardens and parking areas, which can have a suburbanising influence on the landscape. The only circumstances in which residential conversion may be acceptable are where it offers the only means of retaining a valued building, other means of ensuring the retention of that building having been full evaluated (and proven to be inappropriate for whatever reason) or the proposed alterations to the building and surrounding curtilage do not damage the fabric of the building or significantly change its character.

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BUILT ENVIRONMENT AND HERITAGE POLICIES

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PARKS AND GARDENS OF HISTORIC INTEREST

BH1

DEVELOPMENT PROPOSALS AFFECTING THOSE AREAS, AS SHOWN ON THE PROPOSALS MAP, IN THE BOROUGH COUNCIL‘S LIST OF PARKS AND GARDENS OF HISTORIC INTEREST SHALL:

RESPECT THEIR CHARACTER, SETTING AND APPEARANCE AND THOSE FEATURES WHICH FORM PART OF/ CONTRIBUTE TO THE SPECIAL INTEREST OF THE PARK OR GARDEN;

II)

BE COMPATIBLE WITH THEIR CONSERVATION;

III)

IN THOSE INSTANCES WHERE ENABLING DEVELOPMENT IS PROPOSED, COMPLY WITH POLICY BH7;

IV)

ACCORD WITH OTHER RELEVANT POLICIES OF THE LOCAL PLAN.

5.22

It is very easy for modern development, by virtue of its scale and nature, to destroy the character of parks and gardens of historic interest. This policy seeks to ensure that due regard is paid to the character, wider setting and appearance of such areas and to the conservation opportunities which may arise from their seemly future development. A local list of parks and gardens of historic interest has been compiled by the Borough Council. This is contained in the Appendix to the Local Plan. The areas covered by the policy are identified by symbol on the Proposals Map and Inset Maps and are also illustrated in the Appendix. The grounds of Rode Hall (Appendix A7, site no. 5) and Congleton Park (Appendix A7, site no. 10) are also included in English Heritage’s National Register of Parks and Gardens of Special Historic Interest and development affecting them or their setting may also be the subject of notification to English Heritage (Historic Buildings and Monuments Commission).

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STATUTORY LIST OF BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

Demolition

BH2

PROPOSALS WHICH INVOLVE THE COMPLETE DEMOLITION OF BUILDINGS OR STRUCTURES INCLUDED IN THE STATUTORY LIST OF BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST WILL BE GRANTED LISTED BUILDING CONSENT ONLY IN EXCEPTIONAL CIRCUMSTANCES WHERE ALL OF THE FOLLOWING APPLY:

THE BUILDING IS STRUCTURALLY UNSOUND;

II)

ITS REPAIR IS NOT AN ECONOMICALLY FEASIBLE AND PRACTICAL ALTERNATIVE TO DEMOLITION;

III)

ALTERNATIVE USES FOR AND THE DISPOSAL OF THE BUILDING HAVE BEEN INVESTIGATED;

IV)

DETAILED PLANS FOR REDEVELOPMENT HAVE BEEN APPROVED.

IN THOSE CASES WHERE, EXCEPTIONALLY, DEMOLITION IS PERMITTED THEN PROVISION WILL BE REQUIRED TO BE MADE FOR THE RECORDING OF THE LISTED BUILDING AND FOR THE STORAGE OF MATERIALS/FEATURES FOR RE-USE.

5.23

Historic buildings make a vital contribution to the environmental and historical context of the Borough and their loss would not therefore be acceptable, other than in exceptional circumstances and only then when there is no reasonable prospect of finding an alternative use of the land and buildings which would satisfy Policy BH3. Where an application is made for consent to demolish a listed building, the applicant may be required to provide an independent structural engineer’s assessment of the building’s condition and also a report on the economic feasibility of repair and possible conversion, as opposed to the outright demolition of the structure.

5.24

Where permission is granted for the demolition of a listed building the Council will impose a condition requiring that the demolition shall not take place before a contract for carrying out the redevelopment of the site has been made and planning permission has been granted for the redevelopment for which the contract provides.

5.25

The criteria in Policy BH2 should be read in conjunction with Appendix E of Circular 14/97 where unlisted buildings in conservation areas are concerned.

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Change of Use/Conversion

BH3

THE CHANGE OF USE/ CONVERSION OF LISTED BUILDINGS WILL ONLY BE AUTHORISED IF THE BOROUGH COUNCIL IS SATISFIED THAT ALL OF THE FOLLOWING CRITERIA CAN BE SATISFIED:

THE CHANGE OF USE AND ASSOCIATED CONVERSION OR ALTERATION WORKS WOULD PRESERVE THE CHARACTER OF THE BUILDING;

II)

THE INTENDED USE OF THE BUILDING DOES NOT DETRACT FROM ITS SETTING;

III)

THE BUILDING’S ARCHITECTURAL FEATURES AND HISTORIC INTEREST ARE PRESERVED;

IV)

THE OVERALL PROPOSAL IS GENERALLY CONSISTENT WITH OTHER POLICIES OF THE LOCAL PLAN.

5.26

The Borough Council will give consideration to permitting a range of alternative uses for unused listed buildings in order to ensure their continued conservation. It will need to be satisfied that the building is no longer suitable for its current use and that the change of use proposed will not significantly affect the character of the Listed Building.

5.27

The Borough Council may require the submission of comprehensive information by way of the provision of additional details to enable a fully informed consideration of the proposal.

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Effect of Proposals

BH4

PLANNING PERMISSION AND LISTED BUILDING CONSENT FOR THE EXTENSION OR ALTERATION OF A LISTED BUILDING OR FOR PROPOSALS AFFECTING THE SETTING OF A LISTED BUILDING WILL ONLY BE GRANTED WHERE THE FOLLOWING CRITERIA ARE SATISFIED:

THE PROPOSAL IS IN KEEPING WITH THE CHARACTER OF THE LISTED BUILDING AS REGARDS SCALE, STYLE, APPEARANCE, MATERIALS AND ARCHITECTURAL DETAIL;

II)

THE PROPOSAL WOULD NOT RESULT IN A LOSS OF IDENTITY OF THE ORIGINAL LISTED BUILDING;

III)

THE LISTED BUILDING’S ARCHITECTURAL FEATURES AND HISTORIC INTEREST ARE PRESERVED;

IV)

THE PROPOSAL WOULD NOT ADVERSELY AFFECT THE SETTING OF THE LISTED BUILDING;

THE OVERALL PROPOSAL IS GENERALLY CONSISTENT WITH OTHER POLICIES OF THE LOCAL PLAN.

PROPOSALS WHICH AFFECT THE STRUCTURE, CHARACTER, APPEARANCE OR SETTING OF A LISTED BUILDING WILL GENERALLY REQUIRE THE SUBMISSION OF A DETAILED PLANNING APPLICATION, AND IN APPROPRIATE CASES THE SUBMISSION ALSO OF AN APPLICATION FOR LISTED BUILDING CONSENT.

5.28

To safeguard the appearance and integrity of Listed Buildings which are the subject of development proposals or whose setting may be affected by proposals.

5.29

Often it is the setting of a Listed Building which is as important as the building itself. Detailed consideration will, therefore, be required where development would affect such a building or its setting.

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BH5

LISTED BUILDING CONSENT, ADVERTISEMENT CONSENT, CONSERVATION AREA CONSENT OR PLANNING PERMISSION, AS RELEVANT, WILL NOT BE GRANTED FOR PROPOSALS WHICH, IN THE OPINION OF THE BOROUGH COUNCIL, WOULD HAVE A DETRIMENTAL EFFECT UPON THE EXISTING SPECIAL ARCHITECTURAL AND HISTORIC CHARACTER OR APPEARANCE OF A LISTED BUILDING / STRUCTURE AS A RESULT OF :-

ADVERTISEMENTS, SHOP FASCIAS OR SIGNS WHICH ARE UNSYMPATHETIC BY VIRTUE OF THEIR DESIGN, SITING, COLOUR, SIZE OR MATERIALS

II)

CHANGES TO ELEVATIONAL DETAIL, PARTICULARLY IN THE CASE OF SHOP FRONTS, OF AN UNSYMPATHETIC DESIGN WHICH DO NOT RESPECT THE LOCAL CHARACTER

III)

DEVELOPMENT WHERE THE DESIGN, SITING, SCALE OR USE OF FACING, ROOFING OR PAVING MATERIALS ARE INAPPROPRIATE IN RELATION TO THE INTEGRITY OF THE BUILDING / STRUCTURE ITSELF, NEIGHBOURING BUILDINGS OR TO THE AREA GENERALLY.

5.30

To safeguard the appearance and integrity of Listed Buildings in commercial or employment uses which are the subject of development proposals.

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NON-STATUTORY LIST OF BUILDINGS AND STRUCTURES OF ARCHITECTURAL AND HISTORIC INTEREST

BH6

DEVELOPMENT PROPOSALS INVOLVING BUILDINGS AND STRUCTURES LOCALLY LISTED AS BEING OR ARCHITECTURAL AND/OR HISTORIC INTEREST WILL ONLY BE ALLOWED IF THE BOROUGH COUNCIL IS SATISFIED THAT THE ARCHITECTURAL AND / OR HISTORIC CHARACTER IS CONSERVED AND THAT IN THOSE INSTANCES WHERE DEMOLITION IS INVOLVED THIS IS UNAVOIDABLE.

5.31

Many buildings and structures which do not meet the criteria in order to qualify for inclusion on the list of statutorily Listed Buildings as a reflection of being of national importance are nonetheless of local importance and worthy of protection because of the particular contribution that they make to the local environment or because of their architectural or local historical interest. These buildings/ structures or groups thereof will be included on a “ Local List “ to be produced by the Borough Council and will be put forward for approval for use as Supplementary Planning Guidance - it will consequently constitute a “material consideration” in the determination of those relevant planning applications and priority will be given in those instances to the conservation and enhancement of locally important buildings and structures. The “ Local List “ will, for the avoidance of doubt, include individual as well as groups of buildings and structures and will be up-dated, as and when appropriate, by the Borough Council.

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ENABLING DEVELOPMENT

BH7

PROPOSALS INVOLVING ENABLING DEVELOPMENT WILL NOT BE PERMITTED UNLESS ALL OF THE FOLLOWING CRITERIA CAN BE SATISFIED:

THE ENABLING DEVELOPMENT WILL NOT MATERIALLY DETRACT FROM THE ARCHAEOLOGICAL, ARCHITECTURAL, HISTORIC OR LANDSCAPE INTEREST OF THE ASSET, OR MATERIALLY HARM ITS SETTING;

II)

THE PROPOSAL AVOIDS DETRIMENTAL FRAGMENTATION OF MANAGEMENT OF THE HERITAGE ASSET;

III)

THE ENABLING DEVELOPMENT WILL SECURE THE LONG TERM FUTURE OF THE HERITAGE ASSET, AND WHERE APPLICABLE, ITS CONTINUED USE FOR A SYMPATHETIC PURPOSE;

IV)

THE JUSTIFICATION FOR ENABLING DEVELOPMENT ARISES FROM THE INHERENT NEEDS OF THE HERITAGE ASSET, RATHER THAN THE CIRCUMSTANCES OF THE PRESENT OWNER OR THE PURCHASE PRICE PAID;

FINANCIAL ASSISTANCE IS NOT AVAILABLE FROM ANY OTHER SOURCE;

VI)

IT IS DEMONSTRATED THAT THE AMOUNT OF ENABLING DEVELOPMENT IS THE MINIMUM NECESSARY TO SECURE THE FUTURE OF THE HERITAGE ASSET, AND THAT ITS FORM MINIMISES DISBENEFITS;

VII)

THE VALUE OR BENEFIT OF THE SURVIVAL OR ENHANCEMENT OF THE HERITAGE ASSET OUTWEIGHS THE LONG-TERM COST TO THE COMMUNITY (I.E. THE DISBENEFITS) OF PROVIDING THE ENABLING DEVELOPMENT.

IF A SCHEME OF ENABLING DEVELOPMENT FULLY SATISFIES ALL THE CRITERIA SPECIFIED ABOVE, PLANNING PERMISSION WILL ONLY BE GRANTED IF THE SCHEME IS SUBMITTED IN THE FORM OF A FULL PLANNING APPLICATION AND THE ACHIEVEMENT OF THE HERITAGE OBJECTIVE CAN BE SECURELY AND ENFORCEABLY LINKED TO THE GRANTING OF PLANNING PERMISSION, IN COMPLIANCE WITH THE GUIDANCE OUTLINED IN CIRCULAR 1/97.

5.32

The essence of “enabling development” is that significant benefit to a heritage asset would be accrued from the value added to the land as a result of planning permission being granted for development which would not otherwise gain consent since it would be contrary to other objectives of national, regional or local planning policy – for example, a policy of restraint on housing development in the countryside might be relaxed to fund the repair of an historic landscape.

5.33

These proposals are put forward on the basis that the benefit to the community of conserving the heritage asset outweighs the harm to other material interests; the success of these schemes depends on the integrity and sustainability of the heritage asset not being materially compromised by the development and it is crucial that the Local Planning Authority can be satisfied that the balance of public advantage lies with approving the enabling development as the means of ensuring the secure future of the heritage asset – in this respect, the Local Planning Authority will expect that the proposed enabling development will have followed, and been the only resulting possible solution, from a full evaluation of all potential options as part of the overall assessment process.

5.34

Where the appearance of the enabling development is crucial to its acceptability � as it inevitably will be � then a submission in outline form will not be appropriate, since a permission in outline would not enable the requisite full and continuing control over the scheme by the Local Planning Authority. In the light of guidance and advice contained in Circular 1/ 97, serious consideration will be given to the use and form of planning obligations, where appropriate, or other forms of legally-binding agreement (e.g. with third parties such as building preservation trusts) to ensure that the objective of enabling development can be achieved; the most appropriate means of achieving that objective will be likely to be a matter of judgement in each case.

5.33

5.36

This policy should be read in conjunction with the advice contained in PPG15 and PPG16.

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CONSERVATION AREAS

BH8

THE BOROUGH COUNCIL WILL DESIGNATE NEW CONSERVATION AREAS OR EXTEND OR ALTER THE BOUNDARIES OF EXISTING AREAS ACCORDING TO THE FOLLOWING GENERAL CRITERIA:-

AREAS WHOSE SPECIAL ARCHITECTURAL OR HISTORIC INTEREST HAS BEEN REVEALED AS A RESULT OF RECENT RESEARCH, SURVEY, INVESTIGATION OR DISCOVERY;

II)

ANY CONSERVATION AREAS WHOSE EXTENT OR CHARACTER HAS BEEN AFFECTED BY DEVELOPMENT SINCE THEIR ORIGINAL DESIGNATION;

THE BOROUGH COUNCIL WILL UNDERTAKE AND PUBLISH ASSESSMENTS OF EXISTING AND PROPOSED CONSERVATION AREAS AS A MEANS OF AIDING THE IMPLEMENTATION OF POLICIES BH9 AND BH10.

5.37

The Borough Council has a continuing duty to determine, by ongoing research and survey, whether to designate new or extend conservation areas or initiate marginal changes in the boundaries of existing areas which are due to the impact of development which has taken place since their original designation. Such new boundaries will more accurately reflect the aims and overall intention of conservation policy which is also reflected in the wording and criteria of Policy BH8.

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BH9

PLANNING PERMISSION, CONSERVATION AREA CONSENT OR ADVERTISEMENT CONSENT, WILL NOT BE GRANTED FOR PROPOSALS WHICH, IN THE OPINION OF THE BOROUGH COUNCIL, WOULD HAVE A DETRIMENTAL EFFECT UPON THE EXISTING SPECIAL ARCHITECTURAL AND HISTORIC CHARACTER OR APPEARANCE OF A CONSERVATION AREA AS A RESULT OF:-

ADVERTISEMENTS, SHOP FASCIAS OR SIGNS WHICH ARE UNSYMPATHETIC BY VIRTUE OF THEIR DESIGN, SITING, COLOUR, SIZE OR MATERIALS;

II)

CHANGES TO ELEVATIONAL DETAIL, PARTICULARLY SHOP FRONTS, OF AN UNSYMPATHETIC DESIGN WHICH DO NOT RESPECT THE LOCAL CHARACTER;

III)

DEVELOPMENT WHERE THE DESIGN, SITING, SCALE OR USE OF FACING, ROOFING OR PAVING MATERIALS ARE INAPPROPRIATE IN RELATION TO EITHER NEIGHBOURING BUILDINGS OR TO THE AREA GENERALLY;

IV)

THE SIGNIFICANT LOSS OF IMPORTANT TREES, TOPOGRAPHICAL FEATURES OR AREAS OF OPEN LAND;

INTRUSIVENESS WITHIN THE SETTING OF A CONSERVATION AREA OR IN RELATION TO EXISTING VIEWS INTO, OUT OF, WITHIN OR ACROSS THE AREA.

PROPOSALS WHICH WOULD SIGNIFICANTLY AFFECT THE EXISTING SPECIAL ARCHITECTURAL AND HISTORIC CHARACTER OR APPEARANCE OF CONSERVATION AREAS MAY REQUIRE THE SUBMISSION OF FURTHER DETAILS OR A FULL PLANNING APPLICATION.

5.38

The aim of designating conservation areas in the borough is to preserve their existing special architectural and historic character or to enhance their future appearance (or to achieve both effects) by retaining existing buildings and features of interest and merit and by promoting the areas’ appropriate physical improvement. The baseline character of existing and proposed conservation areas will be the subject of detailed Assessments and public consultation. Any planning or development proposals within or near them may need to be capable of detailed examination in order to assess their impact according to the criteria set out in this policy and to policy guidance contained in PPG15 (Planning and Historic Environment). The boundaries of the existing Conservation Areas in the Borough are identified on the Proposals Maps.

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BH10

CONSERVATION AREA CONSENT AND/ OR PLANNING PERMISSION, AS RELEVANT, FOR THE DEMOLITION OF A BUILDING OR GROUP OF BUILDINGS WHICH SIGNIFICANTLY CONTRIBUTE TO THE PRESENT CHARACTER OR APPEARANCE OF A CONSERVATION AREA WILL NOT BE GRANTED UNLESS THE HARM FROM THE LOSS WAS OUTWEIGHED BY THE PUBLIC BENEFITS OF AN APPROVED AND FULLY COMMITTED REPLACEMENT SCHEME. IN THIS RESPECT, THE DEMOLITION OF SUCH UNLISTED BUILDINGS IN CONSERVATION AREAS WILL BE CONSIDERED AGAINST THE SAME CRITERIA AS THOSE RELATING TO LISTED BULDINGS.

5.39

Development within Conservation Areas must protect or enhance the character or appearance of the area. It is important to ensure that development proposals that involve the loss of existing buildings or other features are appropriate and will enhance the Conservation Area. There must also be confidence that proposals are well-founded to avoid diminution of character caused by the prolonged appearance of unsightly gaps in established street scenes.

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ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES

Sites of National Importance

BH11

DEVELOPMENT PROPOSALS WHICH ADVERSELY AFFECT SCHEDULED ANCIENT MONUMENTS AND OTHER SITES OF NATIONAL IMPORTANCE OR THEIR SETTINGS WILL NOT BE GRANTED PLANNING PERMISSION.

5.40

Schedule Ancient Monuments are designated by the Secretary of State for Culture, Media and Sport, on the advice of English Heritage, as being of national importance and meriting statutory protection under ancient monuments legislation. They are identified by symbol on the Proposals and Inset Maps. The Secretary of State is solely responsible for the grant of scheduled monument consent for works of demolition, repair and alteration.

5.41

Not all monuments of national importance are scheduled and a review of scheduled sites is being undertaken. As a result, further monuments may be scheduled or the extent of existing ones amended, during the lifetime of the local plan. The up-to-date list of Scheduled Ancient Monuments is held by Cheshire County Council and by English Heritage.

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Other Sites of Archaeological Importance

BH12

WHERE DEVELOPMENT PROPOSALS AFFECT OTHER SITES OF ARCHAEOLOGICAL IMPORTANCE OR ARE WITHIN AN AREA OF ARCHAEOLOGICAL POTENTIAL, THE BOROUGH COUNCIL MAY REQUIRE THE SUBMISSION OF AN ARCHAEOLOGICAL EVALUATION PRIOR TO THE DETERMINATION OF THE PLANNING APPLICATION. THIS INFORMATION WILL BE USED TO ASSESS THE ARCHAEOLOGICAL IMPACT OF DEVELOPMENT PROPOSALS.

THE BOROUGH COUNCIL WILL REQUIRE IMPORTANT ARCHAEOLOGICAL REMAINS TO BE PRESERVED IN SITU AS THE PREFERRED SOLUTION. WHERE PRESERVATION IN SITU IS NOT JUSTIFIED, DEVELOPMENT MAY BE PERMITTED, PROVIDED THAT THE APPLICANT MAKES ADEQUATE PROVISION FOR AN AGREED PROGRAMME OF ARCHAEOLOGICAL INVESTIGATION TO TAKE PLACE.

5.42

Other sites of archaeological importance are recorded in the County Sites and Monuments Record (SMR). These are not identified on the Proposals or Inset Maps, as the SMR is continuously being revised. Further sites and objects may be discovered during the lifetime of the local plan, and will be added to the SMR as they arise. The County SMR contains all known archaeological sites and finds throughout the County, providing the basis for recognition of the potential archaeological impact of development proposals.

5.43

Areas of Archaeological Potential have been defined by Cheshire County Council in and around the town centres of Congleton, Middlewich and Sandbach, and their extent is shown on the relevant Inset Maps.

5.44

This policy is in accordance with policy guidance contained in PPG16 (Archaeology and Planning). Its prime archaeological objective is the preservation in situ of important remains. This can often be achieved by such methods as design modification and by landscaping in sensitive areas. It is therefore important to obtain, as early as possible, a detailed archaeological assessment of the affected area, so that constraints to development may be identified and appropriate measures taken. This is the reason why evaluation is required before an application is determined.

5.45

Where sites have been subject to evaluation, and in situ preservation is not justified, an agreed programme of archaeological investigation may be appropriate. This may vary from full archaeological excavation to a watching brief during development, and will be secured through a legal agreement or planning condition.

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NEW AGRICULTURAL BUILDINGS

BH13

PROPOSALS FOR THE ERECTION, ALTERATION OR EXTENSION OF AGRICULTURAL BUILDINGS WILL ONLY BE PERMITTED IF ALL THE FOLLOWING CRITERIA ARE COMPLIED WITH:

THE PROPOSAL IS REQUIRED FOR, AND IS ANCILLARY TO THE USE OF LAND FOR AGRICULTURAL PURPOSES;

II)

THE BUILDING IS ESSENTIAL EITHER TO THE AGRICULTURAL OPERATION OR TO COMPLY WITH CURRENT ENVIRONMENTAL AND WELFARE LEGISLATION, AND MAINTAINS THE ECONOMIC VIABILITY OF THE HOLDING.

III)

HAVING REGARD TO THE FUNCTIONAL REQUIREMENTS OF THE AGRICULTURAL OPERATION, THE PROPOSED DEVELOPMENT IS SATISFACTORILY SITED IN RELATION TO EXISTING BUILDINGS TO MINIMISE ITS INTRUSIVENESS IN THE LANDSCAPE, AND IS OF SYMPATHETIC DESIGN AND MATERIALS AND APPROPRIATELY LANDSCAPED TO ENSURE HARMONY WITH ITS ENVIRONMENT;

IV)

ADEQUATE PROVISION IS MADE FOR THE DISPOSAL OF FOUL, SURFACE AND GROUND WATER DRAINAGE AND ANIMAL WASTES WITHOUT RISK TO WATERCOURSES;

ADEQUATE PROVISION IS MADE FOR ACCESS AND MOVEMENT OF MACHINERY AND LIVESTOCK TO AVERT THE INTENSIFICATION OR CREATION OF A TRAFFIC HAZARD.

5.46

The erection of new farming buildings which require planning permission, can have a major impact in the countryside but that impact will be particularly pronounced in prominent or open locations. Where there is proven need for new farm buildings every effort will be made to ensure that their impact on the environment is minimised.

5.47

In considering applications for planning permission for the erection of new farm buildings, the Council will have regard to the viability of the holding and the need for the buildings, (advice will be sought when considering farm viability); their siting, size, form and design; the materials to be used in their construction and the proposed method/means of screening. In particular, special care must be exercised in those parts of the Plan Area which are subject to special landscape protection policies.

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BH14

WHERE THE LOCAL PLANNING AUTHORITY REQUIRE THE SUBMISSION OF DETAILS OF THE SITING, DESIGN AND EXTERNAL APPEARANCE OF AGRICULTURAL BUILDINGS PERMITTED BY PART 6 OF THE TOWN AND COUNTRY PLANNING GENERAL DEVELOPMENT ORDER 1988 (AS AMENDED), THE FOLLOWING CRITERIA WILL BE TAKEN INTO ACCOUNT:

THE BUILDING SHOULD BE SITED SATISFACTORILY IN RELATION TO EXISTING BUILDINGS, TO MINIMIZE ITS INTRUSIVENESS IN THE LANDSCAPE, AND SHOULD BE OF SYMPATHETIC DESIGN AND MATERIALS;

II)

THE BUILDING SHOULD NOT HAVE AN ADVERSE IMPACT ON SCHEDULED ANCIENT MONUMENTS AND THEIR SETTINGS, KNOWN ARCHAEOLOGICAL SITES, LISTED BUILDINGS AND THEIR SETTINGS, SITES OF RECOGNISED NATURE CONSERVATION IMPORTANCE AND PROTECTED TREES.

5.48

Farm buildings permitted by the Town and Country Planning General Development Order 1988 (as amended) are the subject of a notification procedure whereby the Local Planning Authority has up to 28 days to decide whether they consider it necessary for them to give prior approval to the siting, design and external appearance of a building or structure. (This determination procedure does not concern the principle of development, which is established by the General Development Order itself). In the event that the Local Planning Authority does not grant approval to the details submitted, then any re-submission of details would need to be in the form of a planning application seeking approval for ‘reserved matters’.

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CONVERSIONS OF RURAL BUILDINGS

BH15

THE CONVERSION, REUSE OR ADAPTATION OF EXISTING RURAL BUILDINGS TO AN ALTERNATIVE USE WILL ONLY BE PERMITTED WHERE ALL THE FOLLOWING CRITERIA ARE SATISFIED:-

THE BUILDING IS PERMANENT AND SUBSTANTIAL AND WOULD NOT REQUIRE EXTENSIVE ALTERATION, REBUILDING OR EXTENSION;

II)

THE PROPOSED USE IS APPROPRIATE TO THE AREA IN WHICH THE BUILDING IS SITUATED AND ACCORDS WITH POLICY BH16 IN RESPECT OF RESIDENTIAL USE;

III)

THE PROPOSAL IS SYMPATHETIC TO THE BUILDING‘S ARCHITECTURAL CHARACTER AND / OR HISTORIC INTEREST AND TO ITS RURAL CHARACTER;

IV)

NEITHER THE USE OF THE BUILDING ITSELF OR OF LAND WITHIN ITS CURTILAGE, NOR THE EXTENT OF THAT CURTILAGE HAS A HARMFUL EFFECT ON THE SURROUNDING COUNTRYSIDE;

THE FORM, BULK AND DESIGN OF THE BUILDING IS IN KEEPING WITH ITS SURROUNDINGS AND SETTING;

VI)

SATISFACTORY ACCESS AND CAR PARKING (TO APPROPRIATE COUNTY HIGHWAYS STANDARDS) CAN BE ACHIEVED AND LIKELY TRAFFIC GENERATION IS ACCEPTABLE;

VII)

THE PROPOSAL DOES NOT DETRIMENTALLY AFFECT THE AMENITY OF EXISTING RESIDENTIAL PROPERTIES;

VIII)

THE PROPOSAL WOULD NOT DETRIMENTALLY AFFECT ANY EXISTING LANDSCAPE FEATURES;

IX)

THE SITE IS ABLE TO BE SERVICED SATISFACTORILY;

THE PROPOSAL ACCORDS WITH OTHER RELEVANT POLICIES OF THE LOCAL PLAN.

5.49

Changes that have occurred in rural areas, particularly relating to agricultural production, have resulted in many buildings no longer having a current use or being surplus to requirements. Planning Policy Guidance indicates that Local Planning Authorities should consider only whether the nature and proposed use for a building are acceptable in planning terms.

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The Residential Re-use of Rural Buildings

BH16

THE RE-USE OF RURAL BUILDINGS FOR RESIDENTIAL USE WILL NOT BE PERMITTED UNLESS:-

EVERY REASONABLE ATTEMPT HAS BEEN MADE TO SECURE SUITABLE BUSINESS RE-USE, AND THE PROPOSAL IS SUPPORTED BY A STATEMENT OUTLINING THOSE EFFORTS WHICH HAVE BEEN MADE, OR -

II)

RESIDENTIAL CONVERSION IS A SUBORDINATE PART OF A SCHEME FOR BUSINESS RE-USE, OR -

III)

THE LOCATION AND CHARACTER OF THE SITE IS SUCH THAT RESIDENTIAL USE IS THE ONLY APPROPRIATE USE;

AND

IV)

THE PROPOSAL IS CAPABLE OF SATISFYING ALL THE CRITERIA IN POLICY BH15 AND ACCORDS WITH OTHER POLICIES OF THE PLAN AS RELEVANT.

5.50

The conversion of buildings which are currently in agricultural, industrial or commercial use to dwellings may have an adverse impact on local economic activity. Residential conversion of buildings which have ceased to be used for industrial or commercial purposes will have a minimal economic impact, whilst business conversion may have a more positive impact on local employment. Residential conversions can also often be detrimental to the fabric and character of historic buildings, although in some cases it may not be possible to find a suitable re-use for a listed or other rural building. Residential conversions may have a part to play in meeting identified needs for new market or affordable housing; moreover, in instances where buildings are in close proximity to existing residential uses, conversion to residential may be the most suitable and appropriate use.

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