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Chapter 3
The Natural Environment
Introduction
3.1 This section of the Local Plan sets out the principles and policies that will be used to guide development in the interests of conservation of the natural environment.
3.2 A major objective of the Local Plan is to ensure effective conservation of the environment including the protection and enhancement of its natural heritage, while making adequate provision for development and economic growth. The aim is to pursue policies which make sure that development and conservation can be compatible.
3.3 The policies in this Local Plan advocate a sustainable approach to development recognising that environmental considerations need to be a key part of all decision making concerning land use.
3.4 The varied geology and past history of Vale Royal has endowed the Borough with a variety of habitats which support a great diversity of wildlife. These habitats can be threatened by development, pollution and certain types of agricultural practice.
3.5 Nature conservation is an important element in the Community Plan and the policies of the Local Plan reflect the objective of creating better environments through the conservation and enhancement of the natural landscape. In particular, the policies of the Natural Environment Chapter seek to support the following priorities identified by the community:
- Conserve and enhance our natural and historic landscape
- Encourage environmental design features in new development
3.6 This objective is developed further through the Vale Royal Nature Conservation Strategy which was approved in December 2002. It contains more detailed policies on the conservation and creation of habitats, promotion and enhancement of landscape and the management of habitats. Tourism initiatives can also protect the natural environment, principally through the sensitive management of recreation and green tourism. The Strategy reflects the Council's support and involvement as a partner in a European Life ECOnet Project. The project, led by the County Council and which ran between September 1999 and September 2003, explored the best ways of creating ecological networks connecting areas of wildlife. It also explored the potential contribution of land use planning to their establishment.
3.7 In order to assist in the monitoring of the progress towards an enhanced natural environment the Borough has produced a Nature Conservation Audit and regularly commissions survey work. In addition in the Cheshire area the Pilot Local Records Centre holds a wide range of species and habitat based records.
PROTECTION OF THE NATURE CONSERVATION RESOURCE Policy NE1 IN DETERMINING PLANNING APPLICATIONS FOR DEVELOPMENT AND WHEN CONSIDERING ITS OWN DEVELOPMENT SCHEMES THE COUNCIL WILL TAKE INTO FULL ACCOUNT THE EFFECT ON WILDLIFE, VEGETATION AND GEOLOGICAL/GEOMORPHOLOGICAL FEATURES. THE COUNCIL WILL REQUIRE THE FOLLOWING, WHERE IT IS KNOWN OR SUSPECTED THAT THE SITE IS IMPORTANT FOR NATURE CONSERVATION: (i) A SITE INVESTIGATION TO IDENTIFY ANY FEATURES OF NATURE CONSERVATION IMPORTANCE, INCLUDING GEOLOGICAL/GEOMORPHOLOGICAL FEATURES; (ii) PROPOSALS FOR THE PROTECTION AND MANAGEMENT OF FEATURES OF NATURE CONSERVATION IMPORTANCE IDENTIFIED FOR RETENTION DURING AND AFTER DEVELOPMENT: (iii) PROPOSALS FOR COMPENSATING FOR ANY NATURE CONSERVATION FEATURES UNAVOIDABLY DAMAGED OR DESTROYED DURING THE DEVELOPMENT PROCESS: AND WILL NEGOTIATE WITH DEVELOPERS TO SECURE AN AGREEMENT TO SAFEGUARD THE NATURE CONSERVATION RESOURCE IF THE COUNCIL WOULD OTHERWISE HAVE BEEN MINDED TO REFUSE PERMISSION, INCLUDING MEASURES OF MITIGATION SUCH AS HABITAT CREATION OR IMPROVEMENT ON, OR IN THE LOCALITY OF THE DEVELOPMENT SITE. SUCH DEVELOPMENT PROPOSALS MAY REQUIRE TO BE ACCOMPANIED BY AN ENVIRONMENTAL ASSESSMENT. |
Reasons and Explanations
(i) Where it is known or suspected that a site is of nature conservation importance, the Council will expect development proposals to include a detailed appraisal of the nature conservation resource present and how it will be protected, enhanced within the site or replaced as appropriate on site or on another site. In considering applications for such development proposals, the Council will seek to ensure that there is no net loss of the nature conservation resource as a result of development.
(ii) The policy applies both to designated areas and other land where conservation value should be maintained.
(iii) Proposals for compensating provision are likely to only be appropriate for habitats of more recent origin where there might be a reasonable expectation of creating a habitat of equal value.
(iv) The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 and DOE Circular 2/99 give guidance as to the circumstances when an Environmental Assessment is required for a particular development proposal.
(v) In considering applications the Borough will also have regard to the detailed policies of the Nature Conservation Strategy.
Policy Derivation
PPS9 "Biodiversity and Geological Conservation"
Vale Royal Nature Conservation Strategy
DESIGNATED SITES OF INTERNATIONAL AND NATIONAL NATURE CONSERVATION IMPORTANCE Policy NE2 DEVELOPMENT PROPOSALS WILL NOT BE ALLOWED WHICH WOULD DAMAGE OR DESTROY ANY OF THE FOLLOWING SITES, SHOWN ON THE PROPOSALS MAPS: (i) ANY SITE OF INTERNATIONAL IMPORTANCE INCLUDING RAMSAR SITES, EXISTING OR PROPOSED CANDIDATE SPECIAL PROTECTION AREAS (SPAs), POTENTIAL SPECIAL AREAS OF CONSERVATION (SACs); (ii) ANY EXISTING OR PROPOSED SITE OF SPECIAL SCIENTIFIC INTEREST (SSSI) NOT INCLUDED IN (i) INCLUDING THE SURROUNDING CATCHMENT OF WETLAND SSSIs; (iii) GEOLOGICAL CONSERVATION REVIEW SITES (GCRS). |
Reasons and Explanations
(i) These sites are of particular recognised nature conservation importance at an international or national level and should be protected from harmful development proposals, as the conservation of such sites is vital to the preservation of wildlife heritage. As such it is essential that Local Planning Authorities should ensure that they have the Maximum amount of information on the site and the likely effects of development, before they reach any decision that could affect the site.
(ii) Where a specific proposal would impinge directly or indirectly on any of these sites, it will be the applicant's responsibility to show that the value of the site would not be damaged, degraded or otherwise changed detrimentally by any works connected with the proposal. It should be noted that developments up to 500m from the boundary or within the catchment area of any of these could be considered to have an impact on the protected site. For certain developments this distance may be extended.
(iii) This policy covers statutory and non-statutory designated sites as at May 1995. Any additional sites which may be identified after this date will also be protected by this policy as soon as they are proposed for designation.
Policy Derivation
PPS9 - Biodiversity and Geological Conservation
Cheshire 2016 Structure Plan Alteration Policy R1
DESIGNATED SITES OF LOCAL AND REGIONAL NATURE CONSERVATION AND GEOLOGICAL IMPORTANCE Policy NE3 DEVELOPMENT WHICH WOULD EITHER DIRECTLY OR INDIRECTLY DAMAGE OR DESTROY THE NATURE CONSERVATION VALUE OF ANY OF THE FOLLOWING SITES, SHOWN ON THE PROPOSALS MAP, WILL ONLY BE PERMITTED WHERE THE IMPORTANCE OF THE DEVELOPMENT OUTWEIGHS THE VALUE OF THE SITE, OR, IN APPROPRIATE CASES, WHERE A REPLACEMENT HABITAT OF SIMILAR ENVIRONMENTAL VALUE CAN BE PROVIDED ON SITE OR IN THE LOCALITY: (i) LOCAL NATURE RESERVES (ii) SITES OF BIOLOGICAL IMPORTANCE (SBIs) GRADE A, B OR C (iii) REGIONALLY IMPORTANT GEOLOGICAL SITES (RIGS). |
Reasons and Explanations
(i) This policy covers non-statutory designated sites. Additional sites subsequently identified will be protected by the policy once proposed for designation.
(ii) These sites will also include significant national assets of local value which should be protected and nurtured especially in urban areas where they can contribute to the overall protection and provision of open space.
(iii) In very exceptional cases if there is a loss or damage to nature conservation features because of other overriding policy considerations, measures of mitigation, and where possible, the creation of new features/habitats will be required provided that there is no net loss of the conservation resource.
Policy Derivation
PPS9 "Biodiversity and Geological Conservation"
Cheshire 2016 Structure Plan Alteration R1
THREATENED AND PRIORITY HABITATS Policy NE4 PONDS, WATERCOURSES, IMPORTANT HEDGEROWS, WETLANDS, ANCIENT SEMI-NATURAL WOODLANDS, HEATHLANDS, MOSSLANDS AND SPECIES-RICH GRASSLANDS WILL BE PROTECTED. PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT THAT ADVERSLEY AFFECTS THEM UNLESS EITHER: (a) THE FEATURES WILL BE PROTECTED FROM HARM OR RECREATED ELSEWHERE; OR (b) THE IMPORTANCE OF THE DEVELOPMENT OUTWEIGHS THE VALUE OF THE FEATURES. THE CONSERVATION AND MANAGEMENT OF THESE THREATENED HABITATS WILL BE ENCOURAGED. |
Reasons and Explanations
(i) The protection of a range of habitats ensures diversity in the local environment and will help protect Cheshire's landscape features.
(ii) Wildlife conservation is just as important in areas not specifically designated in sustaining the abundance and diversity of the Borough's wildlife.
(iii) Wetlands and ponds are especially important in providing wildlife habitats. Cheshire as a whole contains perhaps a quarter of the nation's stock of ponds and the Mersey Estuary provides wetland habitats of international importance.
(iv) There may be limited occasions when these habitats can be recreated elsewhere but in general the developer should seek to retain them on site, and indicate to the Council how they will be protected.
(v) Important hedgerows are those which form part of a wildlife corridor and/or link to woodlands or tree belts or wildlife features, define the edge of the built-up area, run alongside transport corridors, form significant features in the urban/rural landscape and are of historical landscape significance not covered by the Hedgerow Regulations.
(vi) The Countdown Biodiversity Action Plan document for Cheshire sets out the priority species and habitats for the County and action plans for protecting and enhancing them.
Policy Derivation
PPS9 "Biodiversity and Geological Conservation"
Cheshire 2016 Structure Plan Alteration Policy R1
ENDANGERED SPECIES Policy NE5 WHERE A PLANNING APPLICATION FOR DEVELOPMENT IS SUBMITTED AND WHERE THE PRESENCE OF THE SPECIES OF FLORA AND FAUNA LISTED AS PROTECTED BY THE LAW IS KNOWN OR SUSPECTED, THE DEVELOPER WILL NEED TO PROVIDE FULL DETAILS AS TO THE EFFECT OF THE PROPOSAL ON THE SPECIES AND ITS HABITAT. WHERE DEVELOPMENT IS PERMITTED, THE COUNCIL WILL REQUIRE THE DEVELOPER TO TAKE STEPS TO SECURE THE PROTECTION OF SUCH FLORA AND FAUNA. DEVELOPMENT MUST MINIMISE ANY ADVERSE IMPACT ON PRIORITY SPECIES IDENTIFIED IN THE CHESHIRE BIODIVERSITY ACTION PLANS, WHICH ARE NOT PRESENTLY PROTECTED BY LAW BUT ARE CONSIDERED TO BE LOCALLY IMPORTANT. |
Reasons and Explanations
(i) The deliberate killing, injury or taking of or disturbance to protected species, destruction of places used by such species for shelter of protection is an offence under the Wildlife and Countryside Act 1981.
(ii) The presence of a protected species is a material consideration in deciding a planning application, which, if carried out, would be likely to result in harm to that species or its habitat. Suitable precautions can be required through conditions attached to planning consents to ensure that if development is permitted the species is safeguarded.
(iii) The protection and conservation of rare and endangered species will help maintain biodiversity in Vale Royal.
(v) Examples of protected species include bats and great crested newts.
(vi) The Countdown Biodiversity Action Plan document for Cheshire sets out the priority species and habitats for the County and action plans for protecting and enhancing them.
Policy Derivation
PPS9 "Biodiversity and Geological Conservation"
WILDLIFE CORRIDORS AND GREEN WEDGES Policy NE6 DEVELOPMENT WITHIN OR ADJACENT TO WILDLIFE CORRIDORS AND GREEN WEDGES AS DEFINED ON THE PROPOSALS MAPS WILL NOT BE ALLOWED IF IT DESTROYS OR SERIOUSLY IMPAIRS THEIR VALUE FOR NATURE CONSERVATION, AMENITY, RECREATION, LANDSCAPE, OR OTHER PURPOSES, BUT WILL BE ALLOWED IF IT PRESERVES OR ENHANCES THEIR VALUE THROUGH APPROPRIATE NATURAL LANDSCAPING, PROVIDED THERE ARE NO OTHER OBJECTIONS TO THE PROPOSALS. |
Reasons and Explanations
(i) Wildlife corridors link sites together and encourage the movement of plant and animal species so as to prevent species isolation. The policy aims to maintain a network of green spaces within the urban areas of the Borough and to link them to the countryside. These can include roadside verges and planting schemes, railway lines, canal and river corridors, other watercourses, footpath routes and old-field boundaries. Wildlife corridors are the most effective means of enhancing wildlife diversity within the Borough's built-up area.
(ii) Wildlife corridors can be damaged or rendered unviable by a reduction in their width or by complete severance. The reduction in size of green wedges can reduce their importance.
(iii) Corridors can be damaged or rendered unviable by a reduction in their width or by complete severance. The reduction in size of green wedges can reduce their importance.
(iv) Opportunities will also arise through development proposals to enhance or extend the network of wildlife corridors and green wedges.
(v) These areas can be of value for their existing or potential role as part of the Mersey Forest.
Policy Derivation
PPS9 "Biodiversity and Geological Conservation"
PROTECTION AND ENHANCEMENT OF LANDSCAPE FEATURES Policy NE7 PROPOSALS FOR DEVELOPMENT SHOULD RECOGNISE FEATURES OF LANDSCAPE QUALITY SUCH AS WALLS, TREES, HEDGEROWS, STREAMS, AND PONDS ON, OR IN THE IMMEDIATE VICINITY OF, THE SITE ON WHICH IT IS TO TAKE PLACE. WHEREVER POSSIBLE THESE FEATURES SHOULD BE RETAINED AND INCORPORATED INTO THE LAYOUT OR IF THEY ARE TO BE UNAVOIDABLY LOST OR DAMAGED, THEY SHOULD BE REPLACED ELSEWHERE ON SITE OR OFF SITE PROVIDED THE HABITAT CAN BE SUCCESSFULLY RECREATED. IN THE DESIGN AND ARRANGEMENT OF BUILDINGS, STRUCTURES, LANDSCAPING AND OTHER WORKS, ALL PROPOSALS SHOULD MAINTAIN OR IMPROVE THE QUALITY AND VARIETY OF THE LANDSCAPE IN WHICH THE DEVELOPMENT OCCURS. |
Reasons and Explanations
(i) Trees, hedgerows and other features are valuable in visual terms as well as for nature conservation, the retention and protection of such features is important in helping to retain the character of the locality and to enhance the visual quality of the new development and its setting.
(ii) Reference should also be made to policy NE17.
(iii) The Hedgerow Regulations (1997) set out criteria, which are used to determine whether a hedgerow is 'important' from an archaeological, historical, landscape or wildlife perspective. Hedgerow covered by the regulations cannot be removed without prior approval by the Borough Council. The Council should therefore be consulted where the removal of a hedgerow is proposed.
Policy Derivation
PPG12 "Development Plans"
PPS9 "Biodiversity and Geological Conservation"
PROVISION AND ENHANCEMENT OF LANDSCAPE IN NEW DEVELOPMENT Policy NE8 IN APPROPRIATE CIRCUMSTANCES APPLICATIONS FOR NEW DEVELOPMENT SHOULD INCLUDE A LANDSCAPE SCHEME WHICH AIMS TO: (i) ACHIEVE AN APPROPRIATE BALANCE BETWEEN THE OPEN SPACE AND BUILT FORM OF DEVELOPMENT IN RELATION TO THE CHARACTER OF THE SURROUNDING AREA; (ii) ENHANCE THE QUALITY OF THE LAYOUT, SETTING AND DESIGN OF THE DEVELOPMENT; (iii) PROTECT AND MANAGE VALUABLE ECOLOGICAL AND LANDSCAPE FEATURES; (iv) PROVIDE EFFECTIVE SCREENING TO NEIGHBOURING USES WHERE APPROPRIATE; (v) PROVIDE GOOD QUALITY LANDSCAPE TREATMENT TO ALL SITE BOUNDARIES THROUGH THE PROVISION OF PLANTED LANDSCAPE BUFFERS USING LOCALLY NATIVE SPECIES, PARTICULARLY WHERE THE SITE ABUTS THE EDGE OF THE BUILT AREA, OR A TRANSPORT CORRIDOR; (vi) UTILISE PLANT SPECIES WHICH ARE IN SYMPATHY WITH THE CHARACTER OF EXISTING VEGETATION IN THE GENERAL AREA AND AT THE SPECIFIC SITE; (vii) MAKE SATISFACTORY PROVISION FOR MAINTENANCE AND AFTERCARE OF NEW PLANTING AND RETAINED TREES, BOTH DURING CONSTRUCTION AND ONCE DEVELOPMENT IS COMPLETE; (viii) REVERSE HABITAT FRAGMENTATION AND SPECIES ISOLATION BY CREATING WILDLIFE HABITATS, RESTORING DEGRADED HABITATS OR CREATING NEW EFFECTIVE WILDLIFE CORRIDORS. AND MEET WHERE APPROPRIATE THE REQUIREMENTS OF POLICY BE1 AND POLICIES NE1, NE2 AND NE3 AS APPROPRIATE TO THE SITE. |
Reasons and Explanations
(i) The Borough Council is committed to ensuring the provision of high quality landscaping as an integral feature of new development. Existing trees and other natural habitats are a valuable asset on any development site. They improve its appearance and help new buildings blend in with their surroundings. On large sites in particular tree planting can contribute to the development of the Mersey Forest.
(ii) Good landscaping will also contribute to the quality of the Borough's environment and the quality of life of its residents. It will also contribute to the enhancement of the Borough's nature conservation resource.
(iii) Tree survey and assessment at the design stage before any site works begin will assist in the correct choice of trees to be retained, treated or removed. Trees on development sites may easily be damaged during construction. Therefore the Borough Council, in assessing proposals for the development of sites with trees and hedgerows, will seek to secure their protection and enhancement where at all possible.
(iv) Land may be considered suitable for habitat creation or restoration because it is connected to a priority habitat or to a site known to support populations of one or more priority species, and there is potential for the site to make a significant contribution to reversing habitat fragmentation and species isolation. An agreed management plan will be required where an area is not to be adopted by the Council.
Policy Derivation
PPG12 "Development Plans and Regional Planning Guidance"
PPS9 "Biodiversity and Geological Conservation"
Circular 36/78 "Trees and Woodlands" - Guide to Tree Preservation Orders 2000
The Mersey Forest Plan
TREES AND WOODLAND Policy NE9 DEVELOPMENT WILL NOT BE ALLOWED WHICH WOULD NECESSITATE THE FELLING OF OR WOULD ENDANGER TREES, GROUPS OF TREES, WOODLANDS, TREES PROTECTED BY A TREE PRESERVATION ORDER, OR IDENTIFIED AS ANCIENT WOODLANDS OR IN A CONSERVATION AREA WHERE THESE MAKE A CONTRIBUTION TO THE CHARACTER OF A SITE OR LOCALITY, OR TO NATURE CONSERVATION UNLESS THE REMOVAL OF ONE OR MORE TREES WOULD: (i) BE IN THE INTERESTS OF GOOD ARBORICULTURAL PRACTICE; OR; (ii) THE DESIRABILITY OF THE PROPOSED DEVELOPMENT OUTWEIGHS THE AMENITY VALUE OF THE PROTECTED TREES. WHERE THE COUNCIL PERMIT THE REMOVAL OF ONE OR MORE TREES WHICH MAKE A CONTRIBUTION TO THE CHARACTER OF A SITE OR LOCALITY IT MAY REQUIRE THAT NEW TREES BE PLANTED OF LOCALLY NATIVE SPECIES ON OR NEAR THE SITE. TREES THAT ARE TO BE RETAINED, AS PART OF A DEVELOPMENT SHOULD BE PROTECTED FROM DAMAGE DURING THE COURSE OF THAT DEVELOPMENT. |
Reasons and Explanations
(i) The existing tree cover is a scarce resource and a valuable amenity of the Borough.
(ii) Woodlands in particular are an important but declining feature of our countryside and must be conserved and maintained.
(iii) The Borough Council will consider the desirability of declaring Tree Preservation Orders. Where necessary, conditions will be imposed on planning consents to secure the protection of existing trees and reinforce selective replacement by the planting of new locally native trees to maintain and enhance the environment.
(iv) Where large, well-established trees are proposed to be removed as part of a development, the Council will expect replacements to be semi-mature specimens.
Policy Derivation
PPG12 "Development Plans and Regional Planning Guidance"
PROPOSALS FOR THE ESTABLISHMENT OF AREAS OF MULTIPURPOSE WOODLAND ON DERELICT AND UNDER USED LAND Policy NE10 ANY PROPOSALS FOR THE ESTABLISHMENT OF AREAS OF MULITPURPOSE WOODLAND ON DERELICT AND UNDER USED LAND ACROSS THE WHOLE OF VALE ROYAL REQUIRING PLANNING PERMISSION AND MEETING THE OBJECTIVES OF THE MERSEY COMMUNITY FOREST WILL BE ALLOWED PROVIDED THAT: (i) THE TREE PLANTING RELATES TO THE SURROUNDING ENVIRONMENT; (ii) THE PLANTING OF NATIVE SPECIES IS ENCOURAGED, WHERE APPROPRIATE; (iii) ACCOUNT WILL BE TAKEN OF ANY EXISTING NATURE CONSERVATION VALUE OF THE SITE SO AS TO AVOID DAMAGE TO THAT VALUE AND THERE IS NO CONFLICT WITH OTHER POLICIES OF THE LOCAL PLAN. FUREY WOODLAND, NORTHWICH IS ALLOCATED FOR MULTI-PURPOSE WOODLAND. DEVELOPMENT WHICH WOULD PREJUDICE THE USE OF THIS AREA WILL NOT BE ALLOWED. |
Reasons and Explanations
(i) A significant part of the Mersey Community Forest area lies within vale Royal.
(ii) New woodlands can provide a number of benefits to the Borough in the form of improvements to visual amenity, opportunities for informal recreation, education and can encourage the conservation of wildlife. It will also improve the local climate, reduce pollution and create a healthier environment.
(iii) Tree planting is also a valuable method of environmental improvement and a way of reclaiming derelict land.
(iv) Vale Royal Borough Council will continue to support the aims of the Mersey Forest, encouraging planting on private land and the development of a varied landscape.
(v) Where new multipurpose woodland involves the provision of associated facilities such as car parking, toilets, the creation of a new access, recreational facilities such as changing rooms, these developments should not conflict with other policies in the Local Plan.
(vi) Reference should also be made to policies BE15 - BE17.
Policy Derivation
PPG2 "Green Belts"
The Mersey Forest Plan
AREAS OF SPECIAL COUNTY VALUE Policy NE11 THE AREAS OF SPECIAL COUNTY VALUE IDENTIFIED BECAUSE OF THEIR HIGH LANDSCAPE QUALITY ARE DEFINED ON THE PROPOSALS MAPS AND ARE DESCRIBED AS: - WEAVER VALLEY IN DESIGNATED AREAS OF SPECIAL COUNTY VALUE, BECAUSE OF THEIR LANDSCAPE QUALITY, THEIR ARCHAELOGICAL, HISTORIC OR NATURE CONSERVATION IMPORTANCE, DEVELOPMENT WHICH PRESERVES OR ENHANCES THE CHARACTER OR FEATURES FOR WHICH THE ASCV HAS BEEN DESIGNATED WILL BE ALLOWED. |
Reasons and Explanations
(i) Areas of Special County Value are designated in Policy R2 of the Cheshire 2011 Replacement Structure Plan. Cheshire contains many areas of great importance because of their landscape quality or other features of value. They should be protected from unsuitable development. The Local Plan identifies the boundaries. Development proposals will, however, be examined against the full range of Structure and Local Plan policies.
(ii) Proposals for development having a more than local impact within an Area of Special County Value may be required to be accompanied by an Environmental Impact Statement.
(iii) PPS7 advises that this type of local landscape designation should only be maintained where it can be clearly shown that criteria based policies cannot provide the necessary protection. The council needs to ensure that the designations are based on a formal and robust assessment of the qualities of the landscape concerned. In order to provide an evidence base for such an assessment the council will produce a Landscape Character Assessment SPD. Until that process is completed, ASCV designations will be retained and their further retention will be decided in the light of the assessment results.
Policy Derivation
PPG12 "Development Plans"
Cheshire (2016) Structure Plan Alteration- Policy R2
Department of Environment Circular 15/88 replaced by 2/99 Environmental Impact Assessment
AREAS OF SIGNIFICANT LOCAL ENVIRONMENTAL VALUE Policy NE12 AREAS OF SIGNIFICANT LOCAL ENVIRONMENT VALUE, AS DEFINED ON THE PROPOSALS MAP ARE AREAS HAVING A SPECIAL VALUE TO THE BOROUGH BECAUSE OF THE CONTRIBUTION THEY MAKE TO THE CHARACTER OF THE DISTRICT AND THE TOWNS AND VILLAGES WITHIN IT. WITHIN THESE AREAS DEVELOPMENT WILL ONLY BE PERMITTED WHERE THERE IS NO UNACCEPTABLE HARM TO THE VALUE OF THE AREA. |
Reasons and Explanations
(i) Whilst the Areas of Special County Value are significant in the countrywide context, there are other areas in the Borough, which are of importance in a more local way. In order to maintain the attractiveness of the Borough, it is important that these should be recognised.
(ii) PPS7 advises that this type of local landscape designation should only be maintained where it can be clearly shown that criteria based policies cannot provide the necessary protection. The council needs to ensure that the designations are based on a formal and robust assessment of the qualities of the landscape concerned. In order to provide an evidence base for such an assessment the council will produce a Landscape Character Assessment SPD. Until that process is completed, ASLEV designations will be retained and their further retention will be decided in the light of the assessment results.
Policy Derivation
PPG12 "Development Plans"
A. THE FOLLOWING AREAS OF SIGNIFICANT LOCAL ENVIRONMENTAL VALUE ARE IDENTIFIED ON THE PROPOSALS MAP AND ARE DESCRIBED AS: |
Reasons and Explanations
(i) Extensive Areas of Significant Local Environmental Value have been identified and are detailed in SPG5. Other areas need to be considered and may be included in subsequent modifications to the Plan
1. THE FRODSHAM, HELSBY AND LORDSHIP MARSHES:
Reasons and Explanations
(i) The marshes are of importance because they are the only significant open area between the heavy industry of Ellesmere Port and Halton. They provide a setting for the Frodsham and Helsby Hills and are an important landscape feature themselves and are of international importance to migrating and wintering birds and have considerable bird breeding interest.
(ii) The Manchester Ship Canal is an important strategic waterway that needs to be maintained regularly to ensure that it remains navigable. The Borough Council recognise the importance of the canal deposit grounds located in the Frodsham, Helsby and Lordship Marshes to the continued maintenance works required to the Canal.
Reasons for Designation
(i) Frodsham and Helsby are the nearest settlements in Vale Royal to the Marshes and the sharp contrast between the edge of the Sandstone Ridge and the low-lying marshes providing a setting for these settlements.
(ii) Much of the land adjacent to the Mersey Estuary is 'urban' in nature and with the exception of Ince Bank, the Marshes provides a distinctive area of open land and offers relief from the heavy industry of surrounding Ellesmere Port and Halton. The Marshes are also important for nature conservation and are of international importance to migrating and wintering birds.
(iii) As the marshes can be easily viewed from the Sandstone Ridge to the south, even a relatively small amount of development could have an adverse impact on the landscape due to the lack of trees and woodland and its essentially open character.
2. THE OPEN LAND BETWEEN THE FOLLOWING VILLAGES:
- FRODSHAM AND HELSBY;
- NORTHWICH AND LOSTOCK GRALAM;
- NORTHWICH AND WINNINGTON;
- HARTFORD AND WEAVERHAM;
- HARTFORD AND CUDDINGTON;
- HARTFORD AND LEFTWICH (WEAVER VALLEY);
- LEFTWICH AND RUDHEATH (DANE VALLEY);
- DAVENHAM AND MOULTON;
- DAVENHAM AND LEFTWICH;
- CUDDINGTON AND DELAMERE PARK;
- CUDDINGTON AND WEAVERHAM;
- DAVENHAM VILLAGE AND LEFTWICH GRANGE (KINGSMEAD);AND
- WINSFORD AND MOULTON VILLAGE.
Reasons and Explanations
(i) It is important to keep the gaps between the villages in order to maintain the identity and integrity of the villages, and because these are attractive areas of countryside in their own right. Such areas are also important elements in the formation of the character of an area by giving relief to developed areas acting as environmental buffers, forming or allowing an important view.
(ii) These gaps may also be important as wildlife havens linking to wildlife corridors especially in the vicinity of urban areas, permitting the free passage of birds and animals between various areas.
(iii) The extent of these gaps is defined by the existence of strong physical features, such as roads, railways, built development and tree belts.
Reasons for Designation
(i) Certain areas of the countryside are under particular pressure from urban development, especially between existing settlements.
(ii) To maintain the identity and integrity of the settlements of the Borough it is important that "green gaps" are maintained between them. Where a gap is narrow or under pressure to be developed it is necessary to prevent development, which would be detrimental to their value as environmental buffers or an important view.
(iii) The Council is concerned to resist the continued outward expansion of the town as well as to avoid town cramming. This approach seeks to retain the individual identities of those larger villages, which could be construed to comprise Greater Northwich by preserving large or smaller gaps between Northwich and the larger villages and between the villages themselves.
Frodsham and Helsby
(i) The ASLEV is an important gap between the settlements of Frodsham and Helsby and provides the means by which this locally important landscape can be controlled.
Northwich and Lostock Gralam
(i) Lostock Gralam is a separate community to Northwich and it is important to maintain a gap between the two to maintain the identity of the settlements.
(ii) The gap is relatively small and even a small amount of development could result in the coalescence of Northwich and Lostock Gralam.
Northwich and Winnington
(i) The ASLEV provides a gap between Northwich and Winnington in order to prevent the settlements' coalescence.
Hartford and Cuddington
(i) There is considerable pressure for development around both Hartford and Cuddington and there is a need to maintain the openness of the area in order to protect valuable countryside.
(ii) Because of this openness the landscape is particularly sensitive to change and thus should be protected to safeguard this character.
Hartford and Weaverham
(i) The ASLEV forms an important gap between Hartford and Weaverham and assists in preventing the coalescence of these settlements.
Hartford and Leftwich (Weaver Valley)
(i) The ASLEV forms an important gap between the settlements of Hartford and Leftwich and the expanding Leftwich Grange (Kingsmead).
(ii) The ASLEV plays an important role in maintaining the views across the River Weaver Valley.
(iii) The area is under particular pressure for further housing development. The ASLEV prevents the erosion of this important gap and assists in the prevention of the coalescence of the settlements.
Leftwich and Rudheath (Dane Valley)
(i) Development pressures within the ASLEV threaten the existence of the environmental buffer between Leftwich and Rudheath.
(ii) The area is important as it provides vital open space and a recreational function along the River Dane.
Davenham and Moulton
(i) Development in the past has lead to the villages of Davenham and Moulton almost coalescing. In order that the identity and integrity of the two villages are maintained it is essential that the gap between the settlements is protected.
(ii) The land to the south of Davenham forms part of the very narrow gap between the southern extent of Davenham and the village of Moulton.
(iii) This narrow gap is sensitive as from the edge of Moulton and the southern edge of Davenham is clearly visible.
Davenham and Leftwich
(i) This ASLEV ensures that an environmental buffer remains between Davenham and the A556/Leftwich.
(ii) The construction of the Davenham By-pass has bisected the land and any further development would reduce its effectiveness as a green wedge.
Cuddington and Delamere Park
(i) This ASLEV provides a strategic gap between Cuddington and Delamere Park. It protects the identity of each settlement and prevents their coalescence.
Cuddington and Weaverham
(i) The topography of the landscape slopes down from Cuddington to Weaverham and offers views across the landscape that need to be protected by an ASLEV.
Davenham Village and Leftwich Grange (Kingsmead)
(i) The function of this ASLEV is to provide an environmental buffer between the development at Leftwich Grange and Davenham village.
Winsford and Moulton
(i) The village of Moulton and the industrial town of Winsford are very different areas and should be kept separate to maintain their identity.
3. SENSITIVE AREAS WITHIN VILLAGES/TOWNS
FRODSHAM:
- HOWEY LANE
- TOP ROAD/MANLEY ROAD
HELSBY:
- CHESTER ROAD/VICARAGE LANE
- ALVANLEY ROAD/OLD CHESTER ROAD
Reasons and Explanations
(i) These are sensitive areas have been defined because they contribute significantly to the setting and character of the villages. Much of the character will be destroyed if unsympathetic development or redevelopment was permitted. Bellemont Road is now included within an Area of Special Country Value.
(ii) These areas should be afforded special recognition and protection.
Reasons for Designation
(i) Frodsham and Helsby are important historic settlements at the base of the Sandstone Ridge. It is important that the character of these settlements is not lost and their identity is maintained.
(ii) There are certain areas within these settlements that typify the village character and where development or redevelopment would be particularly detrimental to the setting of the village.
(iii) In these areas it is necessary to provide additional protection over the current planning policy and therefore ASLEVs have been designated to protect the following features:
Howey Lane, Frodsham
(i) The designation area is covered by many trees, upon which there are Tree Preservation Orders. The ASLEV is also adjacent to a Grade B SBI.
Top Road/Manley Road Frodsham
(i) The area contains a number of roadside hedgerows and deciduous trees that are covered by Tree Preservation Orders.
Chester Road/Vicarage Lane, Helsby
(i) The area is typified by an abundance of deciduous trees most of which are covered by Tree Preservation orders.
(ii) The area has a particularly dense coverage of trees and a low density of residential properties that are set out in large grounds.
Alvanley Road/Old Chester Road, Helsby
(i) The majority of the ASLEV is well wooded containing many Tree Preservation Orders. The area is also typified by large detached dwellings and the listed buildings of St Paul's Church and Alvanley Hall.
4. THE HISTORIC ORCHARDS IN THE PARISHES OF ACTON BRIDGE AND KINGSLEY AS SHOWN IN APPENDIX 8
Reasons and Explanations
(i) The number and variety of orchards within the Parishes of Acton Bridge and Kingsley make a significant contribution to the character of the settlement.
(ii) The orchards range in size from a large number of trees in rows to small groups, often the remains of larger orchards.
(iii) Recently the number and variety of orchards in Cheshire have declined and the traditional crafts, wildlife havens and attractive landscapes have been lost.
(iv) These orchards should therefore be afforded the protection of an ASLEV designation to ensure their continued contribution to the character of the settlements.
RIVER CORRIDORS Policy NE13 IN THE WEAVER VALLEY AS DEFINED BY THE AREA OF SPECIAL COUNTY VALUE FOR LANDSCAPE AS SHOWN ON THE PROPOSALS MAPS, DEVELOPMENTS WHICH WILL HARM THE NATURE CONSERVATION, ARCHAEOLOGICAL, RECREATION OR LANDSCAPE VALUE OF THE VALLEY WILL NOT BE ALLOWED. |
Reasons and Explanations
(i) The River Weaver Valley is an important asset to the Borough of Vale Royal for landscape, recreational and nature conservation reasons.
(ii) As part of the Mersey Basin Campaign, the Weaver Valley Initiative, a partnership of public, private and voluntary sectors, has been set up to raise awareness of, and identify opportunities for developments as well as environmental improvements on the length of the River Weaver between Winsford and the Mersey Estuary.
(iii) The valley of the river is also an important area of open space linking Northwich and Winsford.
(iv) The Council will support proposals, which will result in the conservation and enhancement of the natural elements of the river environment, result in landscape improvements or which promote public access and water based or waterside recreation in the Weaver Valley.
(v) This policy is applied to the area of the Weaver Valley contained within the boundary of the Area of Special County Value for landscape.
Policy Derivation
Weaver Valley Initiative
Mersey Basin Campaign
Cheshire (2016) Structure Plan Alteration- Policy R2
Environment Agency Guidance Notes on Development Plans
DANE VALLEY Policy NE14 IN THE DANE VALLEY AS DEFINED ON THE PROPOSALS MAPS DEVELOPMENTS WHICH WILL HARM THE CONSERVATION, GEOMORPHOLOGICAL, RECREATION, OR LANDSCAPE VALUE OF THE VALLEY WILL NOT BE ALLOWED. |
Reasons and Explanations
(i) Part of the Dane Valley is an Area of Significant Local Environmental Value (see Policy NE12)
(ii) The River Dane is important in landscape and geomorphological terms and to safeguard its special features a corridor of protection is put forward in the Local Plan.
(iii) This policy applies to the area of the Dane Valley that is contained within the boundaries of the River Dane Floodplain.
Policy Derivation
Environment Agency Guidance Notes on Development Plans
PROTECTION OF THE FLOODPLAIN Policy NE15 IN AREAS AT RISK FROM FLOODING SHOWN ON THE PROPOSALS MAP (SEE NOTE (iii) OF THE ASSOCIATED REASONS AND EXPLANATIONS) PROPOSALS FOR NEW DEVELOPMENT, THE INTENSIFICATION OF EXISTING DEVELOPMENT OR LAND RAISING, DEVELOPERS/APPLICANTS MUST: (i) PROVIDE AN ASSESSMENT OF WHETHER THE PROPOSAL IS LIKELY TO BE AFFECTED BY FLOODING AND WHETHER IT WILL INCREASE FLOOD RISK ELSEWHERE AND OF THE MEASURES PROPOSED TO DEAL WITH THE EFFECTS AND RISKS; AND (ii) SATISFY THE BOROUGH COUNCIL THAT ANY FLOOD RISK TO THE DEVELOPMENT OR ADDITIONAL RISK ARISING FROM THE PROPOSAL WILL BE SUCCESSFULLY MANAGED WITH THE MINIMUM ENVIRONMENTAL EFFECT, TO ENSURE THAT THE SITE CAN BE DEVELOPED AND OCCUPIED SAFELY; AND (iii) DEMONSTRATE THAT AN ALTERNATIVE LOWER RISK LOCATION IS NOT AVAILABLE; AND (iv) THE PROPOSAL WOULD NOT RESULT IN EXTENSIVE AND UNACCPTABLE CULVERTING; AND (v) IMPLEMENT SUSTAINABLE DRAINAGE SYSTEMS WHEREVER POSSIBLE (SEE NE16); AND (vi) WITHIN AND ADJACENT TO NORTHWICH TOWN CENTRE WHERE THERE IS A RISK FROM FLOODING AS SHOWN ON THE PROPOSALS MAP (SEE NOTE (iii) OF THE ASSOCIATED REASONS AND EXPLANATIONS) DEVELOPMENT/REDEVELOPMENT SHOULD BE BUILT WITH FLOOR LEVELS AT ABOVE +13.50M AOD. |
Reasons and Explanations
(i) New development and redevelopment can have significant implications for flood risk. Within the floodplain, new developments may be liable to flooding and may increase the risk of flooding in other areas by reducing the storage capacity of the floodplain and increasing surface water run off. Flooding can threaten human life, cause substantial damage to property and have a devastating impact on the wider environment.
(ii) Where it is known that a floodplain is important for nature conservation value, the effects of any development on this value will be assessed.
(iii) Areas of floodplain are defined by the. Areas of flood risk are identified by the Environment Agency. Areas of floodplain and of flood risk may be reviewed by the Environment Agency in the light of changing circumstances. In order to keep the Local Plan up-to-date the Council will produce any up-dated maps as a technical support document to the Local Plan as and when they are made available.
(iv) Within and adjacent to Northwich Town Centre, the Environment Agency recommended that new development/redevelopment should be built with floors at or above +13.50 AOD.
(v) The Regeneration of Northwich is a key priority in the Vale Royal Community Plan. The Northwich Vision is a comprehensive 15-year regeneration strategy for Northwich Town Centre. As parts of the Town Centre are included in the Environment Agency's Areas at Risk from Flooding, it is important that the achievement of the regeneration aims contained in the Northwich Vision are weighed against criteria (i) and (ii) of Policy NE15 when proposals for development in these areas are assessed.
(vi) The Council recognises the Manchester Ship Canal Company's important role in maintaining the canal and will take full account of this when assessing proposals for specific works within the Frodsham, Helsby and Lordship Marshes.
Policy Derivation
PPG 25 'Development and Flood Risk'
SURFACE WATER RUN OFF Policy NE16 IN AREAS OF FLOOD RISK OR WHERE THERE IS THE POTENTIAL FOR ADVERSE IMPACTS OR SIGNIFICANTLY INCREASED SURFACE WATER RUN OFF DEVELOPERS WILL BE EXPECTED TO ASSESS SURFACE WATER DRAINAGE IMPACTS. COVERING THE COSTS OF THIS AND OF ATTENUATION MEASURES IS THE RESPONSIBILITY OF THE DEVELOPER. WHERE THE ASSESSMENT INDICATES THAT THE PROPOSAL WOULD SIGNIFICANTLY INCREASE SURFACE WATER RUN OFF A SUSTAINABLE URBAN DRAINAGE SYSTEM (SUDS) MUST BE INCORPORATED IN TO THE OVERALL DESIGN. EXCEPTIONS WILL ONLY BE ALLOWED IF IT CAN BE DEMONSTRATED THAT A SUDS WOULD NOT BE PRACTICABLE. |
Reasons and Explanations
(i) New developments often result in an increase in the rate and/or volume of surface water run off and this can result in adverse impacts.
(ii) The main objective of SUDS is to manage water on site by minimising run-off, slowing discharge rates and retaining water for treatment. For larger sites this can be achieved by using a series of porous surfaces, swales (broad open ditches), ponds and wetlands. SUDS have the added bonus in that attractive landscape features are created that can enhance biodiversity. Examples of how water management can be achieved for small-scale proposals include the use of water butts and porous surfaces.
(iii) Exceptions may be made where it can de demonstrated that the SUDS would be likely to cause either significant land or water pollution; or the size of the site or its ground condition would preclude the use of a SUDS; or the proposed SUDS could cause damage to adjacent buildings or sites. United Utilities will only adopted Sustainable Urban drainage Systems where the maintenance and legal issues in relation to the system are resolved.
Policy Derivation
PPG 25 'Development and Flood Risk'
WATERCOURSES Policy NE17 THE COUNCIL IN CONSULTATION WITH THE ENVIRONMENT AGENCY, WILL SEEK TO ENSURE THAT ALL WORKS IN, UNDER, OVER OR ADJACENT TO WATERCOURSES ARE APPROPRIATELY DESIGNED AND IMPLEMENTED AND THAT THE LIKELY IMPACT OF DEVELOPMENT PROPOSALS HAVE BEEN ADEQUATELY ASSESSED. WHERE A WATERCOURSE IS TO BECOME PART OF A DEVELOPMENT SITE IT WILL BE NECESSARY TO RETAIN AN UNDEVELOPED BUFFER STRIP ON EITHER SIDE OF THE WATERCOURSE WHICH IS PHYSICALLY AND VISIBILITY LINKED TO THE WATERCOURSE. PROPOSALS SHOULD AVOID THE CULVERTING OF WATERCOURSES EXCEPT WHERE: (a) THE BENEFITS OF CULVERTING SUBSTANTIALLY OUTWEIGH THE LOSS OF OPEN WATERCOURSES; OR (b) THE MAJORITY OF THE WATERCOURSE IS ALREADY CULVERTED; OR (c) HIGHWAYS CROSS THE WATERCOURSE, SUCH CROSSING TO BE KEPT TO MINIMUM. |
Reasons and Explanations
(i) Uncontrolled works in the vicinity of watercourses can lead to an increased risk of flooding, erosion of beds and banks of watercourses; increased danger to the public; restricted access for maintenance and damage to the water environment and the associated river corridor.
(ii) The Council, in consultation with the Environment Agency, will assess the environmental impact of such proposals on the water environment and will require mitigation measures to balance any adverse impacts. The integrity and continuity of existing watercourses will be protected within development proposals.
(iii) The culverting of watercourses will not be allowed as this results in a break in the continuity of the river corridor and may also have serious implications for safety, maintenance and flooding. The granting of planning permission for works specified in the policy does not remove the need to obtain relevant statutory consents/licences from the Environment Agency. It is the policy of the Environment Agency to refuse culverting proposals.
Policy Derivation
Environment Agency Guidance Notes for Development Plans
MERSEY ESTUARY ZONE Policy NE18 WITHIN THE MERSEY ESTUARY ZONE, AS SHOWN ON THE PROPOSALS MAP, DEVELOPMENT WILL ONLY BE ALLOWED: (i) PROVIDED IT DOES NOT ADVERSELY AFFECT THE OPEN LANDSCAPE, WILDLIFE HABITATS AND RECREATIONAL OPPORTUNITIES OF THE AREA; OR (ii) WHERE THERE IS A SPECIFIC NEED FOR THE DEVELOPMENT TO BE LOCATED IN THIS AREA, THAT CANNOT BE ACCOMMODATED IN DEVELOPED AREAS OF THE COAST OR INLAND, WHERE THAT NEED OUTWEIGHS ANY HARM THAT WOULD BE CAUSED TO THE OPEN LANDSCAPE, WILDLIFE HABITATS AND RECREATIONAL OPPORTUNITIES. |
Reasons and Explanations
(i) PPG20 'Coastal Planning' advises that Development Plans should establish a coastal zone that sets out the planning framework for coastal planning and management. This policy sets the framework and defines an estuary zone for part of Vale Royal. It does not override other policies e.g. Green Belt.
(ii) The framework gives local planning policies a coastal context and allows an integrated approach for the planning and management of estuaries.
(iii) In the estuary zone, designated internationally important nature conservation sites are protected under Policy NE2.
(iv) The Borough Council has supported and participated in the Mersey Estuary Management Plan which is an advisory plan aiming to improve the strategic planning and management of the estuary. The conclusions are a material consideration in the determination of planning applications.
Policy Derivation
PPG20 'Coastal Planning'
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