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7. HOUSING
   
 
H1-2 General Scale of New Housing Development
H3 Committed Housing Sites
H4 Housing Development in Towns
H5 Housing Development in Villages
H6 Housing Development in the Open Countryside and the Green Belt
H7 Residential Caravans and Mobile Homes
H8 Gypsy Caravan Sites
H9-10 Additional Dwellings and Sub-divisions
H11 Non-residential Uses Within Residential Areas
H12 Tandem/Backland Development
H13-14 Affordable and Low-cost Housing
  Extensions to Dwellings and Curtilages
H15 Extensions to Dwellings in Towns and Villages
H16 Extensions to Dwellings in the Open Countryside and Green Belt
H17 Extension of Residential Curtilages into the Open Countryside
H18 Dwellings Associated With Rural Enterprises
H19 Agricultural Occupancy Conditions
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  INTRODUCTION
7.1 This chapter deals with the provision of all forms of housing in the Borough and includes a range of measures to enable greater choice of housing, make better use of existing land and buildings and provide more sustainable communities. It also sets out policies to achieve the Structure Plan requirements for housing in the Borough. Specific allocations for housing are not included within this chapter but are contained within section 10.
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  NATIONAL CONTEXT
7.2 The Government's latest estimates are that 3.8 million new households could form in England and 300,000 in the North West during the twenty-five years 1996-2021. This expected increase is due not only to a rise in population as a result of inward migration and increased life expectancies, but also to changes in population structure including more younger people wanting their own homes earlier in life and more people separating or becoming divorced. Consequently, the average size of households is becoming smaller and the number of households increasing. As well as generating a demand for more dwellings, the socio-economic factors underpinning the forecast also imply a requirement for a different range of dwelling types including smaller and more affordable units whilst recognising that smaller households do not solely and necessarily acquire the smallest properties available.
7.3 Government advice on the provision of housing is set out primarily in
  Planning Policy Guidance (PPG) Note 3 'Housing', a revised version of which was issued in March 2000 in order to provide up-to-date guidance on a range of issues relating to the provision of housing. The guidance expects local planning authorities to:
 
  • provide wider housing opportunity and choice for the whole community, including those in need of affordable housing;
  • give priority to re-using previously-developed land within urban areas;
  • create more sustainable patterns of development;
  • make more efficient use of land by reviewing policies and standards;
  • promote good design in new housing developments.
7.4 One of the main thrusts of the guidance is that Local Planning Authorities should adopt a "plan, monitor and manage'' approach to releasing land for housing. Local Plans should identify sites for housing and buildings for conversion and re-use sufficient to meet housing requirements after making an allowance for windfall sites and manage the release of land over the plan period.
7.5 Advice on housing in the rural areas is set out in PPG7 ''The Countryside and Rural Economy'' which urges local authorities to strictly control the development of rural housing away from existing settlements and to encourage modest housing development in villages where it will help to sustain a range of services.
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  STRATEGIC CONTEXT
7.6 The replacement Regional Planning Guidance (RPG 13) for the North-West issued in March 2003 has an emphasis on reducing the number of new build houses, increasing the reuse of vacant stock, maximising the use of underused land and buildings, making use of up to date urban potential studies and promoting sustainable patterns of development. It stresses the importance of the 'plan monitor and manage' approach and requires development plans to introduce annual house build rates that are to be applied from the present time until a different rate is adopted following review of the RPG.
7.7 The provision in the Cheshire 2011 Replacement Structure Plan for new housing allows primarily for meeting the County's own needs with minimal contribution towards meeting wider regional needs. Accordingly, policy HOU1 of the Structure Plan sets the Borough Council's housing requirement for the period 1996-2011 at 3,800 new dwellings. This level of provision is a 40% reduction on previous requirements reflecting the fact that the Borough is not expected to play a major role in meeting the County's overall housing needs as well as the constraints around the town of Congleton, the Jodrell Bank Zone, and the longstanding policy of restraining development at Alsager in order to support the regeneration of the Potteries conurbation.
7.8 Whilst avoiding fundamental conflict with the Structure Plan, the Congleton Borough Local Plan First Review should, if possible, have the flexibility to take on board the changed approach of PPG3 and RPG13 which will certainly be reflected in the forthcoming structure plan review. Consequently, whilst continuing to allocate sites to enable the current structure plan requirement to be met, the plan should also set annualised development rates which have the flexibility to be reviewed in the light of emerging strategic policy.
7.9 The replacement RPG indicates that the rate of housing development in Cheshire will be around 1630 per annum (p.a.). This would represent a significant reduction from the current structure plan figure which reflects a countywide annual development rate of 2067 p.a. If the ratio of the split between the various districts of the County used in the current structure plan was maintained this would represent an annual development rate for Congleton of around 200 p.a. This compares with a notional rate of 253 p.a for the overall plan period on the basis of the current target figure of 3800.
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  LOCAL CONTEXT
  Housing Strategy
7.10 Following the transfer of its housing stock to Dane Housing in 1998, the Borough Council's role has changed to become one of enabler rather than provider in housing matters and the Council intends to increase multi-agency working and community involvement in the Borough.
7.11 The Borough Council's current Housing Strategy covers the period 2002-2005 and establishes the Council's role in meeting housing need and ensuring satisfactory housing standards. The Housing Strategy combines information on the analysis of housing need and how the need will be met, incorporating the principles of Best Value and linking to the wider Council plans/strategies, such as environmental sustainability. The strategy outlines the Council's commitment to ensuring a healthy living environment for all its residents, which will be achieved by the provision of coordinated cost-effective services and places emphasis on a multi-agency and multi-tenure approach to meeting housing need as well as addressing the issues of improving housing and service standards.
7.12 The strategy points to a concentration of economic deprivation within the affordable rented housing stock and this is clearly an important factor to take into consideration in the development of policies which seek to counter social exclusion. It acknowledges that the housing needs of the Borough will not be met solely by the development of social housing for rent. The Council is therefore committed to pursuing a Development Programme which provides affordable housing, for rent, shared ownership and discounted 'low-cost' home ownership and which also makes effective use of Section 106 agreements and rural exceptions sites. In particular, the strategy identifies the need for more flexible affordable housing allocations, social rented properties in rural areas and shared ownership properties, and to target specific housing need and mix to specific sites.
   
  Housing Needs and Affordable Housing
7.13 Recent government guidance on housing and planning has emphasized the requirement for local authorities to access housing need, create complementary strategies to address it and to coordinate effort in a corporate approach to their strategic and enabling role. The Borough Council first commissioned a Housing Needs Survey in 1995; however, in order to base housing, care and planning strategies for the future on up-to-date information, a second study was commissioned and undertaken in the Autumn of 1999 to enable the Council to assess and monitor housing need; increase the provision of affordable housing through the use of planning legislation and in partnerships with other housing providers; prevent homelessness and identify solutions to the problem of homelessness; and, support and promote initiatives involving care in the community and supporting people. A new Housing Needs Assessment is to be undertaken during 2004.
7.14 The 1999 Housing Needs Study found that:
 
  • home ownership is beyond the reach of around half of the concealed households identified in the survey without significant personal savings or assistance from parents;
  • 176 households were planning to leave Congleton Borough because of the lack of affordable housing indicating that there is an 'affordability' problem in the Borough for low-income households at a time (Autumn 1999) when access to the housing market is at its most accessible level in real terms for many years;
  • further house price increases above the rate of inflation would make access to market housing more difficult to achieve and would impact on households with marginal incomes most significantly.
  • there is a need to provide 328 affordable housing units and around 400 unsubsidised small market housing units by 2006
  'Windfall' Housing
7.15 Although the majority of the remaining housing requirement in the Borough will be met on sites allocated for housing in this Local Plan (see section 10), some houses will be built on sites which are not allocated, because they are too small to be identified in the Local Plan or their availability was uncertain at the time of considering potential allocations. Housing built on these sites is known as 'windfall'. This type of development provides a useful addition to the housing stock and helps reduce pressures for greenfield sites, but they do need to be carefully controlled to ensure that the existing environment and amenities are protected and that they do not place an excessive burden on existing infrastructure.
   
  Conversions and Sub-Divisions
7.16 There is significant potential within the towns and villages of the Borough for increasing the range of housing provision, particularly small dwelling units, through conversions and sub-division of existing buildings. This type of development enables underused and vacant property to be brought into more beneficial use, bring about their improvement and reduce the need for new dwellings on greenfield sites. However, there needs to be particularly careful control exercised over such forms of housing in order to ensure that the character of the building concerned is maintained and that the amenity of existing residents is not harmed.
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  HOUSING LAND REQUIREMENTS
  Note: The housing land figures and requirements referred to in this Plan are based on the situation as at 30th September 2004.
7.17 The Borough's housing provision for the period mid-1996 to mid 2011 will comprise of:
 
  • Completions - dwellings already completed between 1st July 1996 and 30th September 2004.
  • Commitments - dwellings under construction and sites with current or past planning permission with new dwellings as at 30th September 2004.
  • Windfalls - new dwellings which may be built on unidentified sites.
  • Allocations - new dwellings built on sites to be allocated in this Local Plan.
7.18 All of the Borough's Structure Plan requirement for housing land has already now been met through past completions and current planning commitments. Since mid-1996, 3588 new dwellings have already been built in the Borough. In addition there are a further 1081 dwellings which are either under construction or have planning permission and are expected to be built during the plan period. Deducting 103 dwellings which have been or are anticipated to be demolished gives a total net provision of 4856 dwellings, which exceeds the Structure Plan requirement for the Borough by 1056 dwellings. This figure excludes permissions which are awaiting Section 106 Agreement signing.
7.19 Table 2 sets out the dwelling supply for the Borough.
Table 2 Summary of Current Dwelling Supply
Structure Plan
Requirement 		Completions
1996-2004		 Current
Commitments 		Demolitions TOTAL
SUPPLY
3800 3588 1081 -103 4566
   
7.20 Policy H1 also allows for the continued provision of housing at a rate not materially exceeding 200 dwellings per annum. This is effectively equivalent to 1350 dwellings over the remainder of the plan period (6.75 years at 200 per annum). It is anticipated that this could largely be met by the proposed allocations set out in section 10, which will provide an estimated 290 additional new dwellings, and the current commitments of 1081 dwellings, depending on the rate of construction of these dwellings. Any additional requirement to achieve the 200 dwellings per annum would be met through further windfall development. Table 3 sets out how the provision for the Borough will be achieved.
   
Table 3 Summary of Dwelling Provision 1996 - 2011
Completions Current
Commitments		 Proposed
Allocations 		Demolitions Additional
Windfall 		TOTAL
SUPPLY
3588 1081 290 -103 ----- 4856
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  Managing The Release of Housing Land
7.21 In accordance with the guidance in PPG3 and RPG13 the Borough Council will seek to manage the release of sites for housing development in order to control the pattern and speed of housing growth, ensure that new infrastructure is co-ordinated with new housing development, and deliver the Council's targets for urban and brownfield development. This will be achieved through the setting of an annualised housing target for the Borough, which will be periodically reviewed in the light of current strategic requirements. In addition, in order to ensure a distribution of new housing development between the various sub-divisions of the Borough, in accordance with the plan strategy, a figure for the proportion of the overall provision that should not be exceeded in each sub-division in a five year period is included in policy H2.
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  HOUSING POLICIES
PROVISION OF NEW HOUSING DEVELOPMENT
H1  
THE CURRENT STRUCTURE PLAN REQUIREMENT OF ABOUT 3800 DWELLINGS IN THE PERIOD MID-1996 TO MID-2011 WILL BE MET THROUGH COMPLETIONS, COMMITMENTS, WINDFALL SITES AND THE DEVELOPMENT OF THE ALLOCATED SITES LISTED IN DP2.
IN APPROPRIATE CASES PLANNING PERMISSION WILL BE REFUSED OR CONDITIONS WILL BE IMPOSED TO PHASE DEVELOPMENT OR PREVENT THE DEVELOPMENT OF SITES BEFORE A GIVEN DATE, IN ORDER TO ENSURE THAT THE ANNUAL RATE OF CONSTRUCTION OF NEW DWELLINGS IN THE BOROUGH DOES NOT MATERIALLY EXCEED 200. THIS FIGURE SHALL BE REVIEWED IN THE LIGHT OF ANY SUBSEQUENT ALTERATION OF THE STRUCTURE PLAN OR REGIONAL SPATIAL STRATEGY AND SHALL IN ANY EVENT BE REVIEWED IN MID-2006.
7.22 This policy is consistent with the Cheshire 2011 Replacement Structure Plan policy HOU1 by ensuring that sufficient provision is made in order to meet the forecasted requirement for housing for the plan period. It is anticipated that the overall residential requirement will be met by a combination of types of site including unidentified windfall sites. Table 2 indicates the level of housing requirement calculated as at 31st March 2004 whilst table 3 indicates the total housing provision in the local plan.
7.23 The policy accords with the guidance in PPG3 'Housing' which requires local authorities to manage the release of land over the plan period in order to control the pattern and speed of growth, ensure that new infrastructure is co-ordinated with new housing development and deliver the local authority recycling target. Furthermore it incorporates flexibility to respond to the strategic framework in RPG13, which requires development plans in Cheshire to make housing provision on the basis of annualised requirements.
7.24 Advice and guidance on how the annualised development rate operates is set out in the accompanying 'Housing Land Supply' Supplementary Planning Guidance. The Borough Council will also continually monitor all housing commitments and completions and publish quarterly monitoring schedules to assist in the implementation of this policy..
H2  
IN MANAGING THE FUTURE SUPPLY OF DWELLINGS THE COUNCIL WILL ENSURE THAT THEY ARE DISTRIBUTED BETWEEN THE FIVE SUB-DIVISIONS OF THE BOROUGH. AVERAGED OVER A FIVE YEAR PERIOD THE PROPORTION IN ANY ONE SUB-DIVISION SHALL NOT MATERIALLY EXCEED THE FOLLOWING PERCENTAGES OF THE TOTAL PROVISION BOROUGHWIDE:
CONGLETON 30%
SANDBACH 25%
ALSAGER 15%
MIDDLEWICH 25%
RURAL AREAS 15%
(Note: In order to provide a degree of flexibility the figures have been rounded and do not total 100%)
7.25 In accordance with the plan strategy it is important that new housing is distributed between the various sub-divisions of the Borough. Policy H2 seeks to ensure that over a five year period, development is not concentrated in particular areas and planning permission may be refused or conditioned to ensure that undue concentration does not occur. The percentage figures, which will be periodically reviewed, are derived having regard to natural growth requirements of the sub-divisions, location in relation to constraints and opportunities and the potential of sub-divisions to accommodate sustainable forms of development. The figures are rounded to provide a degree of flexibility.
7.26 Advice and guidance on how the apportionment between sub-divisions operates is set out in the accompanying 'Housing Land Supply' Supplementary Planning Guidance. The Borough Council will also continually monitor all housing commitments and completions and publish quarterly monitoring schedules to assist in the implementation of this policy.
COMMITTED HOUSING SITES
H3  
ON SITES WHICH ARE CURRENTLY COMMITTED TO RESIDENTIAL DEVELOPMENT, APPLICATIONS FOR THE RENEWAL OF PLANNING PERMISSION FOR RESIDENTIAL USE WILL BE REVIEWED CRITICALLY THOROUGHLY TO DETERMINE WHETHER THE EXISTING PLANNING PERMISSION SHOULD BE RENEWED BY ASSESSING THE PROPOSAL AGAINST THE RELEVANT POLICIES OF THE LOCAL PLAN, HAVING FULL REGARD TO ANY MATERIAL CHANGES IN PLANNING CIRCUMSTANCES AND AGAINST EACH OF THE FOLLOWING CRITERIA:
I) THE AVAILABILITY OF PREVIOUSLY-DEVELOPED SITES AND EMPTY OR UNDER-USED BUILDINGS AND THEIR SUITABILITY FOR HOUSING USE;
II) THE LOCATION AND ACCESSABILITY OF THE SITE TO JOBS, SHOPS AND SERVICES BY MODES OTHER THAN THE CAR, AND THE POTENTIAL FOR IMPROVING SUCH ACCESSIBILITY;
III) THE CAPACITY OF EXISTING AND POTENTIAL INFRASTRUCTURE, INCLUDING PUBLIC TRANSPORT, WATER AND SEWERAGE, OTHER UTILITIES AND SOCIAL INFRASTRUCTURE (SUCH AS SCHOOLS AND HOSPITALS) TO ABSORB FURTHER DEVELOPMENT AND THE COST OF ADDING FURTHER INFRASTRUCTURE;
IV) THE ABILITY TO BUILD COMMUNITIES TO SUPPORT NEW PHYSICAL AND SOCIAL INFRASTRUCTURE AND TO PROVIDE SUFFICIENT DEMAND TO SUSTAIN APPROPRIATE LOCAL SERVICES AND FACILITIES;
V) THE PHYSICAL AND ENVIRONMENTAL CONSTRAINTS ON THE DEVELOPMENT OF LAND SUCH AS THE LEVEL OF CONTAMINATION, STABILITY AND FLOOD RISK TAKING INTO ACCOUNT THAT THIS RISK MAY INCREASE AS A RESULT OF CLIMATIC CHANGE.
7.27 This policy is intended to maintain the supply of land for housing development, and to bring into beneficial use land which has been deemed to be appropriate for housing development where the proposed use remains appropriate to the area.
7.28 The Proposals and Inset Maps of the Local Plan identify all housing commitments of 5 or more dwellings as at July 2004.
RESIDENTIAL DEVELOPMENT IN TOWNS
H4  
PROPOSALS FOR RESIDENTIAL DEVELOPMENT ON LAND NOT ALLOCATED FOR SUCH PURPOSES WITHIN THE SETTLEMENT ZONE LINE OF THOSE SETTLEMENTS IDENTIFIED IN POLICY PS4 WILL BE PERMITTED WHERE THE FOLLOWING CRITERIA ARE SATISFIED:
I) THE PROPOSAL DOES NOT UTILISE A SITE WHICH IS ALLOCATED OR COMMITTED FOR ANY OTHER PURPOSE IN THE LOCAL PLAN;
II) THE PROPOSAL COMPLIES WITH POLICES GR2 AND GR3;
III) THE PROPOSAL ACCORDS WITH OTHER RELEVANT LOCAL PLAN POLICIES;
IV) THE PROPOSAL DOES NOT GIVE RISE, INDIVIDUALLY OR CUMULATIVELY, TO HOUSING SUPPLY TOTALS SIGNIFICANTLY AT VARIANCE WITH THE PROVISIONS OF POLICIES H1 AND H2.
IN CONSIDERING PLANNING APPLICATIONS THE BOROUGH COUNCIL WILL ALSO HAVE REGARD TO THE FOLLOWING CRITERIA:
A) THE AVAILABILITY OF PREVIOUSLY-DEVELOPED SITES AND EMPTY OR UNDERUSED BUILDINGS AND THEIR SUITABILITY FOR HOUSING USE;
B) THE LOCATION AND ACCESSABILITY OF THE SITE TO JOBS, SHOPS AND SERVICES BY MODES OTHER THAN THE CAR, AND THE POTENTIAL FOR IMPROVING SUCH ACCESSIBILITY;
C) THE CAPACITY OF EXISTING AND POTENTIAL INFRASTRUCTURE, INCLUDING PUBLIC TRANSPORT, WATER AND SEWERAGE, OTHER UTILITIES AND SOCIAL INFRASTRUCTURE (SUCH AS SCHOOLS AND HOSPITALS) TO ABSORB FURTHER DEVELOPMENT AND THE COST OF ADDING FURTHER INFRASTRUCTURE;
D) THE ABILITY TO BUILD COMMUNITIES TO SUPPORT NEW PHYSICAL AND SOCIAL INFRASTRUCTURE AND TO PROVIDE SUFFICIENT DEMAND TO SUSTAIN APPROPRIATE LOCAL SERVICES AND FACILITIES;
E) THE PHYSICAL AND ENVIRONMENTAL CONSTRAINTS ON THE DEVELOPMENT OF THE SITE SUCH AS THE LEVEL OF CONTAMINATION, STABILITY AND FLOOD RISK TAKING INTO ACCOUNT THAT THIS RISK MAY INCREASE AS A RESULT OF CLIMATIC CHANGE.
7.29 Whilst it is expected that the bulk of new housing development will be on those sites allocated in policy DP2, additional residential development on unidentified sites also has to be allowed for. This policy accords with policies PS3 and PS4 and is aimed at ensuring that new housing is located within the Settlement Zone Line and is of a scale appropriate to the size and character of the settlement. Control over the housing supply totals is necessary In order to maintain an appropriate distribution of housing supply across the Borough.
RESIDENTIAL DEVELOPMENT IN VILLAGES
H5  
PROPOSALS FOR RESIDENTIAL DEVELOPMENT ON LAND NOT ALLOCATED FOR SUCH PURPOSE WILL BE PERMITTED WITHIN THE SETTLEMENT ZONE LINE OF THOSE SETTLEMENTS IDENTIFIED IN POLICY PS5 PROVIDED THAT THE PROPOSAL IS FOR DEVELOPMENT OR REDEVELOPMENT APPROPRIATE TO THE LOCAL CHARACTER IN TERMS OF ITS USE, INTENSITY, SCALE AND APPEARANCE AND THAT IT ACCORDS WITH OTHER RELEVANT LOCAL PLAN POLICIES, IN PARTICULAR POLICIES GR2 AND GR3.
IN CONSIDERING PLANNING APPLICATIONS THE BOROUGH COUNCIL WILL ALSO HAVE REGARD TO THE FOLLOWING CRITERIA:
A) THE AVAILABILITY OF PREVIOUSLY-DEVELOPED SITES AND EMPTY OR UNDER-USED BUILDINGS AND THEIR SUITABILITY FOR HOUSING USE;
B) THE LOCATION AND ACCESSABILITY OF THE SITE TO JOBS, SHOPS AND SERVICES BY MODES OTHER THAN THE CAR, AND THE POTENTIAL FOR IMPROVING SUCH ACCESSIBILITY;
C) THE CAPACITY OF EXISTING AND POTENTIAL INFRASTRUCTURE, INCLUDING PUBLIC TRANSPORT, WATER AND SEWERAGE, OTHER UTILITIES AND SOCIAL INFRASTRUCTURE (SUCH AS SCHOOLS AND HOSPITALS) TO ABSORB FURTHER DEVELOPMENT AND THE COST OF ADDING FURTHER INFRASTRUCTURE;
D) THE ABILITY TO BUILD COMMUNITIES TO SUPPORT NEW PHYSICAL AND SOCIAL INFRASTRUCTURE AND TO PROVIDE SUFFICIENT DEMAND TO SUSTAIN APPROPRIATE LOCAL SERVICES AND FACILITIES;
E) THE PHYSICAL AND ENVIRONMENTAL CONSTRAINTS ON THE DEVELOPMENT OF THE SITE SUCH AS THE LEVEL OF CONTAMINATION, STABILITY AND FLOOD RISK TAKING INTO ACCOUNT THAT THIS RISK MAY INCREASE AS A RESULT OF CLIMATIC CHANGE.
7.30 New residential development within existing villages is required to provide for the growth in the existing population and contribute to the maintenance of local services and community life. It is important that such development is related to the existing pattern of settlement and has proper regard to Government policies which aim to protect the countryside for its own sake. The sites allocated in Policy DP2, in addition to those sites already having planning permission, are expected to provide for the bulk of new residential development in the rural areas sub-division up to 2011. However, suitable sites may come forward which for various reasons cannot be identified at the present time. Other exceptions may also be allowed in the context of Policy H14 - Affordable Housing: Rural Exceptions Policy.
RESIDENTIAL DEVELOPMENT IN THE OPEN COUNTRYSIDE AND THE GREEN BELT
H6  
NEW RESIDENTIAL DEVELOPMENT IN THE OPEN COUNTRYSIDE OR WITHIN THE GREEN BELT WILL NOT BE PERMITTED UNLESS IT FALLS WITHIN ONE OF THE FOLLOWING CATEGORIES:
I) A DWELLING REQUIRED FOR A PERSON ENGAGED FULL-TIME IN AGRICULTURE OR FORESTRY OR, IN AREAS OUTSIDE THE GREEN BELT, OTHER RURAL ENTERPRISE APPROPRIATELY LOCATED IN THE COUNTRYSIDE THAT IS SITED WITHIN AND DESIGNED IN RELATION TO A NEARBY GROUP OF DWELLINGS OR A FARM COMPLEX;
II) THE REPLACEMENT OF AN EXISTING DWELLING BY A NEW DWELLING WHICH IS NOT MATERIALLY LARGER THAN THE DWELLING IT REPLACES;
III) THE CONVERSION OF AN EXISTING RURAL BUILDING INTO A DWELLING PROVIDED THAT THE PROPOSAL ACCORDS WITH POLICIES BH15 AND BH16;
IV) THE CHANGE OF USE OR REDEVELOPMENT OF AN EXISTING EMPLOYMENT SITE OR PREMISES IN ACCORDANCE WITH POLICY E10;
V) LIMITED DEVELOPMENT WITHIN THE INFILL BOUNDARY LINE OF THOSE SETTLEMENTS IDENTIFIED IN POLICY PS6 WHICH MUST BE APPROPRIATE TO THE LOCAL CHARACTER IN TERMS OF ITS USE, INTENSITY, SCALE AND APPEARANCE;
VI) AFFORDABLE HOUSING IN ACCORDANCE WITH RURAL EXCEPTIONS POLICY H14;
AND PROVIDED THAT IT ACCORDS WITH OTHER RELEVANT LOCAL PLAN POLICIES, IN PARTICULAR POLICIES GR2 AND GR3.
7.31 Whilst there is a general presumption against development in the open countryside or Green Belt, it is recognised that certain forms of residential development are appropriate in order to assist with the maintenance of the rural economy and to help to serve the continuing stewardship of land, providing they do not prejudice the architectural character of converted buildings, the existing appearance of the countryside or the openness of the Green Belt. This policy aims to ensure that only appropriate development is allowed and is in accordance with PPG2 (Green Belts) and PPG7 (The Countryside and the Rural Economy). Limited development is defined as the building of a single or small group of dwellings. In those cases where a replacement dwelling is proposed, if the existing dwelling that is to be replaced is of either architectural or historic interest then an assessment of the architectural or historic interest of the building will be required and any special features/ materials identified by that assessment retained for re-use.
RESIDENTIAL CARAVANS AND MOBILE HOMES
H7  
PLANNING APPLICATIONS FOR RESIDENTIAL CARAVAN AND MOBILE HOME DEVELOPMENT WILL NEED TO SATISFY THE SAME POLICIES IN THIS LOCAL PLAN AS WOULD APPLICATIONS FOR NEW HOUSING DEVELOPMENT.
7.32 Residential caravan and mobile home sites require all the services needed by permanent housing development. It is appropriate, therefore, that these two forms of residential development be treated on the same basis (see policies H4, H5 and H6). They will count towards the number of dwellings completed, in the context of Policies H1 and H2.
GYPSY CARAVAN SITES
H8  
PLANNING PERMISSION FOR PROPOSALS FOR TEMPORARY OR PERMANENT GYPSY CARAVAN SITES WILL BE GRANTED PROVIDED THEY COMPLY WITH ALL THE FOLLOWING CRITERIA:
I) AVOIDS UNACCEPTABLE CONSEQUENCES FOR THE AMENITY OF NEARBY RESIDENTS;
II) COMPRISES A SITE WHICH IS NOT WITHIN THE GREEN BELT, AREA OF SPECIAL COUNTY VALUE FOR LANDSCAPE OR AFFECTS SITES OF NATURE CONSERVATION OR ARCHAEOLOGICAL INTEREST;
III) IS OF AN APPROPRIATE SCALE WHICH WOULD NOT DETRACT FROM THE VALUE OF THE SURROUNDING LANDSCAPE;
IV) IS ADEQUATELY SCREENED AND LANDSCAPED;
V) PROVIDES SATISFACTORY ONSITE PARKING AND ACCESS FROM A PUBLIC HIGHWAY;
VI) PROVIDES ADEQUATE ON-SITE FACILITIES AND SERVICES TO SERVE ALL CARAVANS;
VII) DOES NOT PREJUDICE OTHER RELEVANT LOCAL PLAN POLICIES.
VIII) DOES NOT CONFLICT WITH UTILITY COMPANY OR AGRICULTURAL INTERESTS;
IX) AVOIDS WHEREVER POSSIBLE ENCROACHMENT ON THE OPEN COUNTRYSIDE;
X) IS, WHEREVER POSSIBLE, WITHIN 1.6 KM ( 1 MILE ) OF EXISTING LOCAL SHOPS, COMMUNITY FACILITIES, PRIMARY SCHOOL AND PUBLIC TRANSPORT FACILITIES.
7.33 Central Government advice in Circular 1/94 requires that Local Plans provide guidance to show how Local Authorities have taken account of their duty, under the Caravan Sites Act 1968, to make adequate provision for gypsies residing in or resorting to their areas. There are at present several such sites already within the Borough and, therefore, it will need to be demonstrated that there is a justifiable need for further provision. Because of the potential impact of such sites on the amenities of residents and the appearance of the countryside, such sites will need to be especially well located and screened.
7.34 With the repeal of Part II of the Caravan Sites Act 1968, the duty of Local Authorities to provide gypsy caravan sites ceased to exist, although Councils who no longer provide sites directly must ensure that adequate provision exists through the planning system.
ADDITIONAL DWELLINGS AND SUB-DIVISIONS
H9  
AN APPLICATION FOR THE EXTENSION OF AN EXISTING DWELLING TO PROVIDE AN ADDITIONAL HABITABLE UNIT OR FOR THE ERECTION OF A NEW DWELLING OR DWELLINGS ON THE SITE OF A FORMER DWELLING WILL BE TREATED IN THE SAME MANNER AS WOULD AN APPLICATION FOR A NEW DWELLING.
7.35 Changes to the existing housing stock may, from time to time, result from the replacement of former dwellings which have been demolished or the creation of additional housing units onto existing dwellings. Such forms of development need to be considered in the same manner as a new dwelling because they can have a similar impact on the environment and require similar services and infrastructure (see policies H4, H5 and H6). They will count towards the number of dwellings completed, in the context of Policies H1 and H2.
H10  
PLANNING PERMISSION WILL BE GRANTED FOR THE SUB-DIVISION OF EXISTING DWELLINGS INTO SELF-CONTAINED RESIDENTIAL UNITS PROVIDED THE PROPOSAL COMPLIES WITH THE FOLLOWING:
I) THE PROPOSAL WOULD NOT RESULT IN THE CHARACTER AND APPEARANCE OF THE ORIGINAL DWELLING BEING SIGNIFICANTLY ALTERED;
II) THE DWELLING IS LARGE ENOUGH TO BE SUB-DIVIDED WITHOUT SUBSTANTIAL EXTENSIONS WHICH WOULD RESULT IN THE LOSS OF THE IDENTITY OF THE ORIGINAL DWELLING;
III) COMPLIANCE WITH POLICIES GR2 AND GR3.
7.36 The creation of additional self-contained housing units by the sub-division of existing dwellings is often an effective way of providing low-cost housing accommodation, particularly for single persons and couples, and may also help secure the improvement of older houses. This policy seeks to ensure, however, that such forms of development are provided in a manner which will help protect the environment. The Council's Supplementary Planning Guidance Note provides detailed advice on matters such as access, parking arrangements, open space requirements. Normally the Borough Council would wish to ensure that more modest sized houses, especially terraced houses, which are capable of providing single family occupation, are generally retained as such.
NON-RESIDENTIAL USES WITHIN RESIDENTIAL AREAS
H11  
PROPOSALS FOR THE REDEVELOPMENT OR CONVERSION OF EXISTING DWELLINGS TO OTHER USES, OR FOR THE INTRODUCTION OF USES OTHER THAN HOUSING INTO PREDOMINANTLY RESIDENTIAL AREAS, WILL NOT BE PERMITTED EXCEPT WHERE THE PROPOSAL:-
I) WOULD NOT DETRACT MATERIALLY FROM THE AMENITIES ENJOYED BY THE OCCUPIERS OF RESIDENTIAL PROPERTIES IN THE AREA;
II) WOULD NOT IMPAIR THE ENVIRONMENTAL QUALITY OF THE AREA;
III) WOULD NOT GIVE RISE TO A TRAFFIC HAZARD OR NUISANCE.
7.37 This policy seeks to ensure that predominantly residential areas are retained as such and that other types of uses are not introduced which could create problems for existing residents. However, it is recognised that some nonresidential uses may be appropriate, particularly where they provide a service to residents (e.g. shops, nurseries) or to tourists (e.g. serviced accommodation), providing they are suitably located.
TANDEM/BACKLAND DEVELOPMENT
H12  
PROPOSALS FOR TANDEM OR BACKLAND DEVELOPMENT WILL BE REFUSED WHERE:
I) A SATISFACTORY MEANS OF ACCESS CANNOT BE OBTAINED TO AN EXISTING PUBLIC HIGHWAY.
II) THE PROPOSAL WOULD HAVE UNACCEPTABLE CONSEQUENCES FOR THE AMENITY OF THE RESIDENTS OF EXISTING OR PROPOSED PROPERTIES.
III) THE PROPOSAL WOULD RESULT IN OVER INTENSIVE DEVELOPMENT IN THE AREA.
IV) THE PROPOSAL CONFLICTS WITH OTHER POLICIES OF THE PLAN, PARTICULARLY GR2 AND GR3.
7.38 This policy is necessary to avoid the undesirable cramming of new dwellings onto sites already occupied by existing buildings. Only where the site is large enough to accommodate additional dwellings without adversely affecting the amenities enjoyed by existing properties, and where a separate means of access can be provided, would such a form of development be appropriate.
AFFORDABLE AND LOW-COST HOUSING
H13  
THE BOROUGH COUNCIL WILL NEGOTIATE THE PROVISION OF AN APPROPRIATE ELEMENT OF AFFORDABLE HOUSING ON ALLOCATED HOUSING SITES, AND ON UNIDENTIFIED HOUSING SITES OF 1 HECTARE OR MORE OR COMPRISING OF 25 OR MORE DWELLING UNITS. THE THRESHOLD FIGURE FOR SITES IN SETTLEMENTS OF LESS THAN 3000 POPULATION IN THE RURAL SUB-DIVISION WILL BE REVIEWED IN THE LIGHT OF ANY REVIEW OF THE HOUSING NEEDS ASSESSMENT.
AFFORDABLE HOUSING IS DEFINED AS COMPRISING OF BOTH LOW-COST MARKET HOUSING AND SUBSIDISED HOUSING FOR PEOPLE WHO ARE UNABLE TO RESOLVE THEIR HOUSING NEEDS IN THE LOCAL PRIVATE SECTOR MARKET BECAUSE OF THE RELATIONSHIP BETWEEN HOUSING COSTS AND INCOMES.
THE SCALE AND NATURE OF PROVISION WILL BE DETERMINED BY LOCAL NEED, SITE CHARACTERISTICS, GENERAL LOCATION, SITE SUITABILITY, ECONOMICS OF PROVISION, PROXIMITY TO LOCAL SERVICES AND FACILITIES AND OTHER PLANNING OBJECTIVES.
WHERE AFFORDABLE HOUSING IS PROVIDED BY WAY OF SUBSIDISED HOUSING THIS MUST BE SUBJECT TO A SATISFACTORY ARRANGEMENT TO ENSURE THAT THE BENEFIT OF BELOW MARKET PRICE HOUSING IS AVAILABLE IN PERPETUITY TO FUTURE OCCUPANTS.
7.39 PPG3 states that affordable housing is a material consideration when granting permission for housing sites. It also says that where there is a demonstrable lack of affordable housing to meet local needs - as assessed by up-to-date surveys and other information - local plans should include a policy for seeking affordable housing in suitable housing developments. The PPG and subsequent case law have confirmed that Local Planning Authorities are entitled, where housing need has been demonstrated, to seek affordable housing. If developers refuse to negotiate on this subject, that is a material consideration in assessing their planning application.
7.40 Circular 6/98 emphasises the need for local authorities to provide a local definition of 'affordable housing' and to identify the level of that need and measures through the planning process to achieve it. In 1999 the Borough Council commissioned consultants to undertake a Housing Needs Survey of the Borough to define affordable housing and determine the level of need. The definition of Affordable Housing as set out in the Policy is taken from the Housing Needs Survey. The formula used to derive the upper ceiling for what should be regarded as affordable housing is 3 x current average household income for first-time buyers + available capital (derived from Congleton Housing Needs Survey - 1999).
7.41 The Housing Needs Survey established that there is a need for new dwellings for those who cannot afford market solutions to their housing problems. In the light of these findings, the provision of affordable units for all sites allocated for housing development in the Local Plan and for all unidentified housing sites above the threshold of 25 units or 1 hectare, as set out in Circular 6/98, will be sought. Each site will be assessed individually as to the level and type of affordable housing considered appropriate taking into account existing supply, survey demand and other planning sustainability and economic factors.
7.42 The Housing Needs Survey estimates that 328 subsidised housing units and 400 unsubsidised low-cost housing units will be required between 1999 and 2006. These will be provided in the main from the allocations in section 10, the remainder being met through development on unidentified sites. Indicative targets for the proportion of subsidised and low-cost market affordable housing to be provided on allocated sites are given in the site details schedule in section 10. The targets, which will provide the basis for negotiation with developers, will be reviewed in the light of annual monitoring of the need for affordable housing. The Borough Council will monitor the level of affordable housing provision through the Housing Land Availability Schedules.
7.43 The Borough Council has adopted a Supplementary Planning Guidance Note (SPGN) on affordable housing which is a material consideration in the determination of relevant planning applications. This provides guidance on the definition of subsidised and low-cost market housing, threshold levels, development considerations and means of securing their provision. The SPGN will be reviewed as necessary in the light of any review of housing needs assessment
 
H14  
THE LOCAL PLANNING AUTHORITY WILL ENCOURAGE AFFORDABLE HOUSING BY GRANTING PLANNING PERMISSION FOR RESIDENTIAL DEVELOPMENT IN THE RURAL PARISHES OF THE BOROUGH WHICH CAN BE DEMONSTRATED TO MEET AN IDENTIFIED LOCAL HOUSING NEED THAT CANNOT BE ACCOMMODATED IN ANY OTHER WAY.
SUCH A DEVELOPMENT MUST SATISFY ALL THE FOLLOWING CRITERIA:-
I) COMPRISE A SITE CLOSE TO EXISTING OR PROPOSED SERVICES AND FACILITIES;
II) WHERE IT IS WITHIN THE GREEN BELT IT SHOULD NOT COMPROMISE THE OPENNESS OF THE GREEN BELT OR ITS STRATEGIC FUNCTIONS;
III) COMPRISE OF A SMALL SCHEME, THE SCALE, LAYOUT AND DESIGN OF WHICH IS APPROPRIATE TO THE LOCALITY;
IV) CONSIST IN ITS ENTIRETY OF HOUSING THAT WILL BE RETAINED AS LOW COST HOUSING IN PERPETUITY AND WHICH IS FOR RENT, SHARED EQUITY OR, IN PARTNERSHIP WITH THE LOCAL HOUSING AUTHORITY OR A HOUSING ASSOCIATION. THOSE PROPOSALS WHICH OFFER ONLY A DISCOUNTED INITIAL PURCHASE PRICE WILL NOT BE CONSIDERED ACCEPTABLE;
V) BE SUPPORTED BY A SURVEY WHICH IDENTIFIES A LEVEL OF HOUSING NEED WITHIN THE LOCAL COMMUNITY AS A WHOLE COMMENSURATE WITH THE PROPOSED SCHEME. SUCH A SURVEY WOULD BE CARRIED OUT EITHER BY, OR IN ASSOCIATION WITH, THE PARISH COUNCIL;
VI) BE SUBJECT TO A PRIOR LEGAL AGREEMENT WHICH ENSURES THAT:
  A) INITIAL AND SUBSEQUENT OCCUPANCY IS LIMITED TO MEMBERS OF THE LOCAL COMMUNITY WHO ARE IN HOUSING NEED;
  B) OCCUPANTS ARE PREVENTED FROM SUBSEQUENTLY DISPOSING OF THE PROPERTY ON THE OPEN MARKET;
  C) A SATISFACTORY MECHANISM IS ESTABLISHED FOR THE MANAGEMENT OF THE SCHEME;
VII) BE IN ALL OTHER RESPECTS IN CONFORMITY WITH NORMAL PLANNING STANDARDS AND OTHER TECHNICAL REQUIREMENTS;
VIII) BE IN CONFORMITY WITH ALL THE POLICIES OF THE LOCAL PLAN THAT RELATE TO THE SITE SUBJECT OF THE PROPOSAL.
   
7.44 Low cost housing for local needs may be defined as that which meets the needs of those people who cannot afford to buy property at the "open market rate". It therefore includes low cost home ownership, shared ownership (i.e. a combination of renting and owning) and housing for rent. Local market conditions and wage rates will need to be taken into account in assessing the extent to which local people can afford accommodation in their area, and what level of payment for housing would be within their means - there can clearly be no single measure of what constitutes low cost housing.
7.45 Whilst the 1999 Housing Needs Survey provides a basis for assessing Borough-wide housing needs, it is important to assess local feelings and opinion and that is best done through the agency of the Parish Council concerned.
7.46 In assessing the need for low cost housing the following are certain categories of need which may be identified:
  i) existing residents needing separate accommodation(newly married couples, people leaving tied accommodation on retirement etc.);
  ii) people whose work provides important services and also need or wish to live closer to the local community;
  iii) people who are not necessarily resident locally but have long-standing links with the local community (e.g. elderly people wishing to move back to a village to be near relatives);
  iv) people with the offer of a job in the locality, who cannot take up the offer because of a lack of affordable housing.
7.47 The release of such sites will be an exception to normal planning policy and therefore the location, scale and design of any proposed scheme will be critical in determining whether it is acceptable.
7.48 Arrangements for securing the necessary control over lowcost housing schemes will usually be through legal agreements under the Town and Country Planning Acts. Such agreements must however be voluntary agreements between the Local Planning Authority, the landowner, developer, and the management organisation involved, such as a Registered Social Landlord.
7.49 Any new dwellings allowed by virtue of this policy will be excluded from the housing land supply calculations in relation to Policies H1 and H2, but will count towards the affordable housing target for the Borough.
EXTENSIONS TO DWELLINGS AND THEIR CURTILAGES
Extensions to Dwellings in Towns and Villages
H15  
PLANNING PERMISSION FOR EXTENSIONS TO EXISTING DWELLINGS IN TOWNS AND VILLAGES WILL BE GRANTED WHERE THE PROPOSAL IS IN KEEPING WITH THE CHARACTER OF THE PROPERTY AND THE AREA GENERALLY IN TERMS OF SITING, SIZE, DESIGN AND MATERIALS USED.
7.50 A substantial proportion of planning applications submitted to the Borough Council relate to proposed extensions to houses in towns and villages. Such developments, whilst small in scale, can have major impact on the street scene and affect the privacy and amenities of adjoining householders. This policy allows for such forms of development providing they are appropriately designed and have regard to neighbouring properties. The Borough Council's Supplementary Planning Guidance Notes provide detailed guidance on the standards which are required to be met.
7.51 In the case of two storey extensions a pitched roof is desirable in order to improve the appearance of the extension and will normally be required where it is clearly visible from the public highway or other public areas.
Extensions to Dwellings in The Open Countryside and Green Belt
H16  
PLANNING PERMISSION FOR EXTENSIONS TO EXISTING DWELLINGS IN THE OPEN COUNTRYSIDE OR THE GREEN BELT WILL BE GRANTED PROVIDING:
I) THE PROPOSED EXTENSION IS WELL DESIGNED HAVING DUE REGARD TO THE SCALE, STYLE, APPEARANCE AND MATERIALS OF THE EXISTING DWELLING; AND
II) THE PROPOSED EXTENSION IS NOT DISPROPORTIONATE TO THE ORIGINAL DWELLING AND WOULD NOT RESULT IN SIGNIFICANT DETRIMENTAL EFFECT UPON THE CHARACTER OR THE IDENTITY OF THE ORIGINAL DWELLING; OR
III) THE EXTENSION IS NECESSARY TO PROVIDE A SATISFACTORY STANDARD OF FACILITIES IN A VERY SMALL EXISTING DWELLING AND THE RESULTANT DWELLING WOULD STILL BE IN KEEPING WITH THE CHARACTER OF ADJOINING PROPERTIES AND THE WIDER AREA.
  7.52 Large or unsympathetic extensions to existing dwellings can be obtrusive in the countryside and can undermine policies for the protection of the countryside and the Green Belt by adding to the scale and bulk of built development. A large extension may, if approved, lead to a loss of identity of the original dwelling and could be tantamount to the erection of a new dwelling in the countryside which would not normally be permitted. In the context of this policy a "modest" extension would normally comprise in the region of a 30% increase in the volume of the original dwelling. This, however, is not a rigid standard and in the consideration of such proposals the relationship between the proposed extension and the existing dwelling will also be of importance.
Extension of Residential Curtilages into the Open Countryside or Green Belt
H17  
PROPOSALS FOR THE EXTENSION OF RESIDENTIAL CURTILAGES INTO THE OPEN COUNTRYSIDE OR GREEN BELT WILL NOT BE PERMITTED UNLESS THE LAND IS REQUIRED TO ENABLE A MINIMUM STANDARD OF RESIDENTIAL AMENITY TO BE ACHIEVED AND IT WOULD NOT ADVERSELY AFFECT AREAS OF NATURE CONSERVATION OR LANDSCAPE INTEREST AND AREAS OF HISTORIC INTEREST.
IN THOSE CASES WHERE THE LAND REQUIRED IS WITHIN THE GREEN BELT, THOSE PROPOSALS SHOULD NOT COMPROMISE THE OPENNESS OF THE GREEN BELT, THE PURPOSES OF INCLUDING THE LAND WITHIN THE GREEN BELT OR ITS STRATEGIC FUNCTIONS.
7.53 This policy seeks to avoid incremental encroachment of residential areas into the open countryside and green belt arising from the change of use of agricultural or other undeveloped land to domestic gardens which may threaten the openness and rural character of such areas. Only in exceptional circumstances where additional land is needed to secure an acceptable standard of residential garden space in accordance with the Council's adopted standards may permission be granted subject to there being no harm to nature conservation and landscape interests as a result.
DWELLINGS ASSOCIATED WITH RURAL ENTERPRISES
H18  
I) THE DWELLING IS REQUIRED TO SATISFY A PROVEN NEED IN TERMS OF THE EFFICIENT RUNNING OF THE ENTERPRISE, SECURITY AND LONG TERM VIABILITY;
II) NO OTHER DWELLINGS, OR BUILDINGS CAPABLE OF CONVERSION, ARE AVAILABLE WHICH COULD SATISFACTORILY ACCOMMODATE THE NEED;
III) THE PROPOSAL IS SATISFACTORILY SITED ON, OR IN RELATION TO, THE ENTERPRISE AND WHEREVER POSSIBLE AND PRACTICAL SHOULD BE SITED WITHIN A SETTLEMENT OR EXISTING GROUP OF BUILDINGS.
WHERE THE CASE FOR A PERMANENT DWELLING IS NOT CONCLUSIVELY PROVEN, THE LOCAL PLANNING AUTHORITY MAY BE PREPARED TO GRANT PLANNING CONSENT FOR A TEMPORARY DWELLING FOR A FIXED PERIOD WHILST THE CASE FOR A PERMANENT DWELLING AND THE OPERATION OF THE ENTERPRISE IS ASSESSED.
WITHIN THE GREEN BELT THE POLICY IS ONLY APPLICABLE IN SO FAR AS IT RELATES TO THE ERECTION OF NEW DWELLINGS FOR AGRICULTURAL AND FORESTRY WORKERS
7.54 This policy reflects Policy HOU5 of Cheshire 2011 Replacement Structure Plan and is intended to prevent isolated development in the countryside while catering for the genuine needs of rural enterprise. In all cases, the Local Authority will need to be satisfied that there is a long term need for the dwellings in the interests of agriculture, forestry, or other rural enterprise. All permission granted will be subject to a condition limiting occupancy to a bona-fide agricultural or forestry worker. The applicant may also be required to enter into a legal agreement with the Borough Council to ensure that the dwelling is not disposed of separately from the enterprise concerned.
AGRICULTURAL OCCUPANCY CONDITIONS
H19  
THE REMOVAL OF AN AGRICULTURAL OCCUPANCY CONDITION WILL ONLY BE PERMITTED IN EXCEPTIONAL CASES WHERE THERE IS NO LONG TERM NEED FOR THE DWELLING TO ACCOMMODATE AGRICULTURAL WORKERS ON THAT FARM OR IN THE LOCALITY AND APPROPRIATE EFFORTS HAVE BEEN MADE TO DISPOSE OF THE PROPERTY WITHIN THE AGRICULTURAL HOUSING MARKET AT A PRICE OR RENTAL WHICH REFLECTS THE RESTRICTIONS IMPOSED BY THE CONDITION.
7.55 The reasoning behind this policy is to outline those criteria which will influence the determination of any application submitted seeking consent for the removal of an agricultural occupancy condition. Whilst it is clear that such conditions will only be removed in exceptional circumstances, it is however recognised that instances may arise when the restriction imposed by such a condition is no longer appropriate and that its removal may therefore be justified. The Council would consider all other options for retaining the dwelling for an agricultural worker or for a worker employed in another rural enterprise before agreeing to the complete removal of a condition.
   
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