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Chapter 4
Built Environment
Introduction
4.1 The built environment of the Borough varies widely between its towns, villages and rural areas. In all these areas the achievement of high standards of design will be sought to improve, maintain or enhance the built fabric of the Borough.
4.2 With such distinct differences in the built environment throughout the Borough some of the policies will be more appropriate in some areas than in others. However, the principle behind them, that of achieving good quality design, will be consistently sought.
4.3 The Borough contains 27 Conservation Areas and over 700 Listed Buildings. In addition there are many other buildings of local interest and sites with known and potential archaeological interest together with over 40 Scheduled Ancient Monuments which have special character and identity. They are a finite and non-renewable resource and their future survival depends on how the buildings and land are used and managed, on appropriate maintenance and repair and on alterations which minimise the loss of historic fabric and on land uses which do not adversely affect other important historic sites. This section contains policies concerned with the preservation of buildings, structures and their settings which are important to the local environment.
4.4 The Borough Council will keep the designation of Conservation Areas under review and bring forward enhancement schemes as resources allow. Designated Conservation Areas as at June 2006 are shown on the Proposals Map.
4.5 The policies of the Local Plan are generally reflective of the relevant policies in the Cheshire 2016: Structure Plan Alteration.
4.6 The Built Environment Chapter also seeks to support the priorities identified by the community in the Community Plan, in particular :
- Improve Community Safety in Vale Royal; and
- Create better environments for people to live in, work in and visit.
GENERAL REQUIREMENTS FOR NEW DEVELOPMENT
4.7 The Borough Council is committed to making sure that all development contributes to the physical enhancement of Vale Royal in that it should be of a high standard of design, layout and landscaping and appropriate to its surroundings.
4.8 This section also includes the key policies for the control of development which will be applied by the Borough Council to all development proposals in Vale Royal.
SAFEGUARDING AND IMPROVING THE QUALITY OF THE ENVIRONMENT Policy BE1 PROPOSALS FOR ALL NEW DEVELOPMENT WILL BE EXPECTED TO ACHIEVE A HIGH STANDARD OF DESIGN. TO SAFEGUARD THE QUALITY OF THE EXISTING BUILT ENVIRONMENT AND, WHEREVER POSSIBLE IMPROVE AND ENHANCE THE ENVIRONMENT ALL DEVELOPMENT WILL BE ASSESSED AGAINST THE FOLLOWING CONSIDERATIONS; WHERE THEY ARE RELEVANT TO THE DEVELOPMENT: (i) IT SHOULD NOT HAVE A SIGNIFICANTLY DETRIMENTAL EFFECT ON THE AMENITIES OF THE PEOPLE LIVING NEARBY BY REASON OF OVERSHADOWING, OVERLOOKING, VISUAL IMPACT, NOISE AND DISTURBANCE, ODOUR OR IN ANY OTHER MATERIAL WAY; (ii) IT SHOULD NOT HARM THE FEATURES OR AREAS OF PARTICULAR HISTORIC, ARCHAEOLOGICAL, NATURE CONSERVATION, GEOLOGICAL, GEOMORPHOLOGICAL OR LANDSCAPE VALUE (REF POLICY NE1); (iii) IT SHOULD NOT GENERATE SUFFICIENT TRAFFIC TO CAUSE NUISANCE OR DANGER NOR REQUIRE ANY MAJOR IMPROVEMENT OF THE ROAD NETWORK AND PARKING PROVISION AT UNACCEPTABLE PUBLIC EXPENSE (REF POLICY T14). IN ADDITION A TRANSPORTATION ASSESSMENT MAY BE REQUIRED (REF POLICY T2). (v) IT SHOULD NOT PREJUDICE THE LONG TERM PLANNING OF THE AREA. (vi) IT SHOULD NOT PREJUDICE THE DEVELOPMENT OF MINERAL RESOURCES. (vii) IT SHOULD NOT INCREASE LAND, AIR, NOISE, LIGHT OR WATER POLLUTION TO UNACCEPTABLE LEVELS AND WHERE POSSIBLE SHOULD REDUCE LEVELS. (viii) IT SHOULD NOT USE THE BEST AND MOST VERSATILE AGRICULTURAL LAND UNLESS THERE IS NO OTHER SUITABLE SITE FOR THE PARTICULAR PURPOSE. (ix) IT SHOULD NOT ADVERSELY AFFECT THE OPERATION OF IMPORTANT RECREATIONAL AND TOURIST FACILITIES. (x) ON SITES WHICH HAVE PREVIOUSLY BEEN DEVELOPED, NEW DEVELOPMENT PROPOSALS SHOULD MAKE USE OF EXISTING SUITABLE BUILDING MATERIALS WHEREVER POSSIBLE FOR APPROPRIATE USES IN ORDER TO RE-USE RECYCLABLE MATERIALS AND REDUCE THE AMOUNT OF IMPORTED MATERIALS. (xi) IT SHOULD TAKE FULL ACCOUNT OF THE CHARACTERISTICS OF THE DEVELOPMENT SITE, ITS RELATIONSHIP WITH ITS SURROUNDINGS, AND WHERE APPROPRIATE VIEWS INTO, OVER AND OUT OF THE SITE. THIS SHOULD BE ACHIEVED THROUGH ITS SITING, SCALES, LAYOUT, DENSITY, DESIGN AND LANDSCAPE TREATMENT; (xii) IT SHOULD BE COMPATIBLE WITH THE LOCAL CHARACTER, AND ENCOURAGE LOCAL DISTINCTIVENESS THROUGH USE OF BUILDING MATERIALS, ARCHITECTURAL DETAILING, FLOORSCAPE AND BOUNDARY TREATMENT (REFERENCE SHOULD BE MADE TO ANY RELEVANT VILLAGE DESIGN STATEMENT); (xiii) THERE SHOULD BE ADEQUATE PROVISION FOR AMENITY AND OPEN SPACE; (xiv) IT SHOULD CREATE DIRECT AND INTEGRATED ROUTES THROUGH THE SITE WHICH PROVIDE EASY ACCESS TO THE EXISTING STREET NETWORK, NEARBY FACILITIES AND PUBLIC TRANSPORT; (xv) IT SHOULD ENSURE THAT STREETS, SPACES, PEDESTRIAN AND CYCLE ROUTES, AND CAR PARKING AREAS ARE OVER LOOKED BY BUILDINGS TO ALLOW FOR NATURAL SURVEILLANCE AND THAT THE DESIGN AND LAYOUT OF BUILDINGS PROMOTE COMMUNITY SAFETY AND DETER VANDALISM AND CRIME; (xvi) IT SHOULD INCORPORATE ADEQUATE ARRANGEMENTS FOR ACCESS, SERVICING AND IN PARTICULAR PROVISION SHOULD BE (xvii) IT SHOULD ENSURE THAT THE NEEDS OF PEOPLE WITH DISABILITIES ARE CONSIDERED (POLICY T15); (xviii) IT SHOULD RETAIN IMPORTANT TREES, HEDGEROWS AND OTHER VALUABLE LANDSCAPE FEATURES AND TAKE OPPORTUNITIES TO ENHANCE THE WILDLIFE POTENTIAL OF THE SITE, WHEREVER PRACTICABLE; (xix) IT SHOULD ACHIEVE THE HIGHEST PRACTICABLE DEGREE OF ENERGY AND WATER EFFICIENCY (REF POLICY NE16) THROUGH ITS BUILDING TYPE, LAYOUT, ORIENTATION AND LOCATIONS; (xx) IN LARGE NEW DEVELOPMENTS, SUFFICIENT PROVISION FOR THE INSTALLATION OF TELECOMMUNICATIONS SYSTEMS SHOULD BE PROVIDED UNDERGROUND THROUGH THE LAYING OF ADEQUATE (xxi) IN NEW RESIDENTIAL DEVELOPMENTS, IT SHOULD HELP CREATE MIXED AND INCLUSIVE COMMUNITIES WHICH OFFER A CHOICE OF HOUSING TO MEET THE NEEDS OF THOSE IN THE COMMUNITY (REF POLICY H13). (xxii) IT SHOULD INCORPORATE, WHERE POSSIBLE, ON-SITE RENEWABLE ENERGY PRODUCTION. |
Reasons and Explanations
(i) This policy summarises the key material considerations to be taken into account by the Borough Council when considering proposals for all new development and changes of use within the Borough. The criteria referred to are amplified and made more specific in other chapters of the Local Plan.
(ii) It is important that the environment of the Borough is protected and wherever possible improved. The design of new development proposals should respect and enhance the character and setting of the surrounding area. Contemporary and individual expressions of design will be encouraged but it may also be appropriate for designs to respond to good examples in the nearby vicinity. Consideration should be particularly given to respecting and enhancing the established building line and scale, massing, vertical and horizontal rhythms and materials of neighbouring buildings.
(iii) Successful places have a well-connected, visually interesting and varied network of streets and spaces. The needs of pedestrians and cyclists should be put first by creating direct routes that connect into the existing network. Streets and spaces should be well defined and wherever possible be overlooked by the front of buildings to create visual interest and to promote community safety by increasing the natural surveillance. Opportunities to minimise vandalism and increase public safety can often be achieved by close attention to the design and layout of new buildings and public spaces and the associated landscaping. Location, lighting and materials along with careful attention to detail can help reduce the potential for crime.
(iv) Where appropriate the Council will seek the views of the Police Architectural Liaison Officer.
(v) Public safety and security and provision for the needs of people with disabilities should be considered as an integral part of the initial design of development schemes, buildings and the external environment.
(vi) The Borough Council will refer to its Development Control Policy Guidelines and Supplementary Planning Guidance when considering applications for new development. These are listed in the Appendix as Background Documents.
Policy Derivation
PPG1 "General Policy and Principles"
PPG12 "Development Plans and Regional Planning Guidance"
PPG8 "Telecommunications"
Cheshire 2016 Structure Plan Alteration Policy GEN3
Cheshire County Council Housing Design Aid 1996
Circular 5/94 "Planning Out Crime"
SEWERAGE INFRASTRUCTURE Policy BE2 NEW DEVELOPMENT WILL NOT BE PERMITTED UNLESS FOUL SEWERS AND SEWAGE TREATMENT WORKS OF ADEQUATE CAPACITY AND DESIGN ARE AVAILABLE OR WILL BE PROVIDED IN TIME TO SERVICE THE DEVELOPMENT. DEVELOPMENT PROPOSALS INCORPORATING INDEPENDENT SEWAGE TREATMENT FACILITIES WILL NOT BE ALLOWED IF A CONNECTION TO EXISTING MAIN SEWERAGE IS PRACTICABLE. |
Reasons and Explanations
(i) Many existing sewerage and treatment works require improving, extending or replacement. Unless additional infrastructure is provided, further demands placed on existing facilities may result in pollution of watercourses. Therefore development should only take place where existing infrastructure is adequate, or where new facilities will be provided to accommodate the new demand.
(ii) Sewage should whenever possible be disposed of via a recognised water treatment facility so as to reduce the possibility of environmental health nuisance and wastewater pollution.
Policy Derivation
PPG12 "Development Plans and Regional Planning Guidance"
PPG23 "Planning and Pollution Control"
Circular 16/91 "Planning Obligations"
Cheshire 2016 Structure Plan Alteration Policy ENV2
NRA Guidance
WATER SUPPLY Policy BE3 DEVELOPMENT WILL NOT BE ALLOWED IF IT INCREASES THE REQUIREMENTS FOR WATER UNLESS ADEQUATE WATER RESOURCES EITHER ALREADY EXIST OR WILL BE PROVIDED IN TIME TO SERVE THE DEVELOPMENT AND CAN DO SO WITHOUT DETRIMENT TO EXISTING ABSTRACTIONS, TO WATER QUALITY, FISHERIES, AMENITY, NATURE CONSERVATION OR TO RECREATION. |
Reasons and Explanations
(i) The development of water resources for public water supply is becoming increasingly difficult in some areas, especially for developments which are major users of water.
(ii) North West Water Ltd and the Environment Agency has a duty to ensure that providing water for new development does not have a detrimental impact on existing users, nature conservation or recreation.
Policy Derivation
PPG1 "General Policy and Principles"
PPG12 "Development Plans and Regional Planning Guidance"
PPG9 " Nature Conservation"
Circular 16/91 Planning Obligations / 05/2005 Planning Obligations
Cheshire 2016 Structure Plan Alteration Policy GEN7
PLANNING OBLIGATIONS Policy BE4 THE COUNCIL WILL REQUIRE DEVELOPERS TO PROVIDE NEW OR ENHANCED INFRASTRUCTURE AND/OR COMMUNITY FACILITIES WHERE THE NEED FOR SUCH PROVISION ARISES DIRECTLY FROM A DEVELOPMENT. WHERE NECESSARY, THE COUNCIL WILL SEEK PLANNING OBLIGATIONS TO ACHIEVE THIS PROVISION. THIS MAY INVOLVE DIRECT PROVISION BY DEVELOPERS ON OR OFF-SITE AND/OR THE PAYMENT OF COMMUTED SUMS. COMMUTED SUMS MAY NEED TO COVER BOTH CAPITAL AND ONGOING REVENUE ASPECTS OF INFRASTRUCTURE/FACILITIES. PLANNING OBLIGATIONS MAY ALSO BE SOUGHT TO SAFEGUARD NATURE CONSERVATION OR ARCHAEOLOGICAL INTERESTS. |
Reasons and Explanations
(i) This policy seeks to ensure that the impact of a particular development on local services and facilities is borne wholly or in part by the developer. Guidance in respect of developer contributions is available separately as supplementary planning guidance. It sets out the Council's detailed policy guidance in relation to the negotiation of planning obligations. Planning obligations will be sought from developers to make it binding on them to provide or contribute towards the reasonable cost of the physical infrastructure required by their developments (e.g. roads), and elements of social infrastructure (e.g. shops, school site, community facilities, open space) which will be needed by future residents.
Policy Derivation
PPG12 "Development Plans"
Circular 05/2005 Planning Obligations
Cheshire 2016 Structure Plan Alteration Policy GEN3
HISTORIC ENVIRONMENT - LISTED BUILDINGS Policy BE5 PROPOSALS FOR THE DEVELOPMENT OF LAND WHICH RESULT IN DECAY, DESTRUCTION OR DAMAGE TO BUILDINGS AND STRUCTURES OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST OR THEIR SETTINGS INCLUDING ANY CURTILAGE BUILDINGS WILL NOT BE ALLOWED. |
Reasons and Explanations
(i) The setting of a Listed Building is very often as important in the environment as the building itself.
(ii) The Council considers it vital to protect such buildings and their settings from unsympathetic and detrimental development.
Policy Derivation
PPG15 "Planning and the Historic Environment"
Cheshire 2016 Structure Plan Alteration GEN3
ALTERATION/EXTENSIONS TO LISTED BUILDINGS Policy BE6 THE ALTERATION OR EXTENSION OF A LISTED BUILDING, INCLUDING THOSE WITHIN THE CURTILAGE OF A LISTED BUILDING AT THE DATE OF LISTING, WILL ONLY BE ALLOWED IF IT IS DEMONSTRATED THAT THE PROPOSAL WOULD NOT HAVE A DETRIMENTAL EFFECT ON THE STRUCTURE, CHARACTER, SCALE, DESIGN, APPEARANCE OR SETTING OF THE BUILDING. |
Reasons and Explanations
(i) In considering applications for development involving Listed Buildings the Council will need to be satisfied that their special architectural or historic interest preserved.
(ii) This policy applies to both alterations and extensions and to the impact of any changes on the setting of the building.
(iii) The Borough Council will require that full details accompany such applications in order that the full effects of any proposal can be assessed.
Policy Derivation
PPG15 "Planning and the Historic Environment"
Cheshire 2016 Structure Plan Alteration Policy GEN3
CHANGES OF USE TO LISTED BUILDINGS Policy BE7 THE COUNCIL WILL ONLY PERMIT CHANGES OF USE OF BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST FROM THAT FOR WHICH THEY WERE ORIGINALLY DESIGNED OR FROM THEIR EXISTING USE, IF: (i) THE ALTERNATIVE USE IS NECESSARY TO ENSURE THE LONG TERM PRESERVATION OF THE BUILDINGS; AND (ii) THE DEVELOPMENT PROPOSED PRESERVES THE CHARACTER (INCLUDING THE STRUCTURAL AND EXTERNAL FABRIC AND INTERIOR LAYOUT PLAN FORM AND DETAILING WHERE SUCH MATTERS ARE RELEVANT TO THE LISTING OF THE BUILDING) OF THE BUILDING; AND (iii) THE PROPOSED USE DOES NOT ADVERSELY AFFECT THE ENVIRONMENTAL SETTING OF THE BUILDING; AND (iv) THE ALTERNATIVE USE IS A MORE APPROPRIATE USE THAN THE ORIGINAL OR EXISTING USE. |
Reasons and Explanations
(i) The Borough Council will give consideration to permitting alternative uses for Listed Buildings if this is necessary to ensure the building's long-term survival. Changes of use can help to ensure the survival of buildings and contribute to sustainable development by ensuring that a stock of buildings is maintained.
(ii) Any conversion should not entail altering the material, details or proportions of the building in such a way as to adversely affect the original features and character or its setting.
(iii) The Borough Council will require that applicants provide adequate information to allow full assessment of the effects of any proposal.
(iv) The Council will take full account of the desirability of securing long term economic uses within Listed Buildings. This Consideration will be balanced against the effect of any changes proposed uses would entail in the special architectural and historic interest of the building or area in question.
Policy Derivation
PPG15 "Planning and the Historic Environment"
LISTED BUILDINGS AND ARCHAEOLOGY Policy BE8 WHERE A LISTED BUILDING IS ALSO A SCHEDULED ANCIENT MONUMENT OR IT IS KNOWN OR SUSPECTED THAT EITHER IT HAS INTRINSIC ARCHAEOLOGICAL INTEREST OR STANDS ON GROUNDS CONTAINING ARCHAEOLOGICAL REMAINS, THE DEVELOPER, IN PUTTING FORWARD PROPOSALS FOR DEVELOPMENT, WILL BE REQUIRED TO PROVIDE AN APPROPRIATE ASSESSMENT OF THE ARCHAEOLOGICAL IMPLICATIONS OF THE PROPOSAL TO ACCOMPANY THE APPLICATION. ADEQUATE ARRANGEMENTS SHOULD BE MADE BY THE DEVELOP AND AGREED BY THE COUNCIL TO RECORD ANY REMAINS THAT WOULD BE LOST AS A RESULT OF PLANNING CONSENT. |
Reasons and Explanations
(i) The policy recognises that some listed buildings and their settings may stand in grounds containing archaeological remains.
Policy Derivation
PPG15 "Planning and the Historic Environment"
DEMOLITION CONTROL OF LISTED BUILDINGS Policy BE9 CONSENT WILL NOT BE GRANTED FOR THE TOTAL OR PARTIAL DEMOLITION OF ANY LISTED BUILDING, UNLESS THE COUNCIL IS SATISFIED THAT EVERY POSSIBLE EFFORT HAS BEEN MADE TO REPAIR THE BUILDING AT REASONABLE COST, TO CONTINUE THE PRESENT USE OR FIND A SUITABLE NEW VIABLE USE. WHERE A SITE LIES WITHIN A CONSERVATION AREA FURTHER CONSIDERATION MUST ALSO BE GIVEN TO POLICY BE10. |
Reasons and Explanations
(i) Government advice on Listed Buildings states that there should be a presumption in favour of their preservation unless a strong case can be made otherwise.
(ii) The Council where appropriate will require the developer to submit detailed structural, marketing and financial information to support proposals for the site, the existing building and the proposed development
Policy Derivation
PPG15 "Planning and the Historic Environment"
HISTORIC ENVIRONMENT - CONSERVATION AREAS Policy BE10 WITHIN DESIGNATED CONSERVATION AREAS LISTED BELOW, AND AS SHOWN ON THE PROPOSALS MAP, AND INCLUDING ANY CONSERVATION AREAS THAT ARE SUBSEQUENTLY DESIGNATED OR REVISED WITH EFFECT FROM THE DATE OF SUCH DESIGNATIONS OR REVISION, DEVELOPMENT SHOULD PRESERVE OR ENHANCE THE CHARACTER OR APPEARANCE OF THE CONSERVATION AREA.
DEMOLITION OF A BUILDING, WHICH CONTRIBUTES TO THE CHARACTER OR APPEARANCE OF THE CONSERVATION AREA WILL NOT BE ALLOWED, UNLESS IT IS INCAPABLE OF REPAIR AT REASONABLE COST AND IS INCAPABLE OF ACCOMMODATING A VIABLE ALTERNATIVE USE. THE COUNCIL MAY IMPOSE CONDITIONS TO ENSURE THAT DEMOLITION SHOULD NOT TAKE PLACE UNTIL THE CONTRACT FOR THE WORKS OF REDEVELOPMENT HAS, IN ACCORDANCE WITH APPROVED PLANS, BEEN LET AND IS DUE TO START. |
Reasons and Explanations
(i) The aim of the policy is not to prevent all new development but to protect Conservation Areas from unsympathetic development which would be contrary to the aim of preserving or enhancing the special architectural and historic merit of these areas, which make an important contribution to the atmosphere of towns and villages.
(ii) The Borough Council will from time to time review existing designated Conservation Areas and their boundaries, and consider whether further designation of Conservation Areas is required.
(iii) The Borough Council will use its powers under relevant legislation to achieve sympathetic treatment where alterations or redevelopment are proposed in Conservation Areas and will seek to encourage action to protect areas from decay.
(iv) The Borough Council will seek to ensure that, as necessary, full details accompany planning applications in Conservation Areas in order that the full effects of any proposal can be assessed.
Policy Derivation
PPG15 "Planning and the Historic Environment"
Cheshire 2016 Structure Plan Alteration Policy R1
DEVELOPMENT OF SITES OUTSIDE THE CONSERVATION AREA Policy BE11 PROPOSALS FOR DEVELOPMENT ON SITES WHICH LIE OUTSIDE THE CONSERVATION AREA BUT WHICH WOULD AFFECT ITS SETTING OR VIEWS IN OR OUT OF THE AREA, WILL BE ALLOWED PROVIDED THEY PRESERVE OR ENHANCE THE CHARACTER OR APPEARANCE OF THE CONSERVATION AREA. |
Reasons and Explanations
(i) To protect the setting of the Conservation Area from unsympathetic development or sites outside but materially affecting the character and appearance of the Conservation Area.
Policy Derivation
PPG15 "Planning and the Historic Environment"
NORTHWICH CONSERVATION AREA Policy BE12 WITHIN THE NORTHWICH CONSERVATION AREA, AS CURRENTLY DEFINED ON THE PROPOSALS MAP, OR THAT DESIGNATED UNDER ANY SUBSEQUENT REVIEW, THE DEMOLITION OF ANY OF THE TIMBER FRAMED BUILDINGS WHICH CONTAIN STRUCTURAL OR BUILDING TECHNIQUES WHICH WERE DESIGNED TO REDUCE THE EFFECTS OF SUBSIDENCE WILL NOT BE ALLOWED. UNLESS IT CAN BE SHOWN THAT: (i) THE BUILDING IS NOT OF INTRINSIC ARCHITECTURAL OR HISTORIC INTEREST AND THAT IT MAKES NO CONTRIBUTION TO THE TOWNSCAPE OR CHARACTER OR APPEARANCE OF THE CONSERVATION AREA; AND (ii) THE BUILDING IS INCAPABLE OF REPAIR AT REASONABLE COST; AND (iii) THE BUILDING IS INCAPABLE OF CONTINUING ITS PRESENT OR MOST RECENT USE OR A VIABLE NEW USE; AND (iv) A SCHEME OF REDEVELOPMENT IS PROPOSED WHICH WILL PRESERVE OR ENHANCE THE CHARACTER OR APPEARANCE OF THE CONSERVATION AREA. |
Reasons and Explanations
(i) The timber-framed buildings in Northwich which were originally designed or adapted to deal with the problems of subsidence, in that they could be lifted or re-levelled, comprised of a range of building sizes, designs, details and uses. These buildings have become part of the distinctive local tradition of the town, despite having been substantially altered in some cases.
(ii) Many of these buildings have intrinsic architectural and historic interest and make an important contribution to the character of the Northwich Conservation Area. In order to protect and enhance the character of the Conservation Area, it is essential to ensure that no timber-framed building of value should be removed unless it is totally unavoidable and that a fully representative range of these buildings is preserved. Developers must submit full structural, financial and marketing appraisals to justify their proposals. Where demolition is inevitable the site must be redeveloped with a building which enhances the Conservation Area. If a building is removed, every effort should be made to retain any features worthy of protection.
(iii) The Borough Council will carry out a detailed investigation of timber-framed buildings in Northwich Conservation Area and will issue further guidance notes in due course.
Policy Derivation
PPG15 "Planning and the Historic Environment"
ANCIENT MONUMENTS/ARCHAEOLOGICAL SITES Policy BE13 DEVELOPMENT PROPOSALS WHICH WOULD ADVERSELY AFFECT SCHEDULED ANCIENT MONUMENTS AND OTHER NATIONALLY IMPORTANT ARCHAEOLOGICAL SITES AND MONUMENTS OR THEIR SETTINGS WILL NOT BE ALLOWED. |
OTHER SITES OF ARCHAEOLOGICAL IMPORTANCE Policy BE14 DEVELOPMENT PROPOSALS WHICH COULD AFFECT LOCAL ANCIENT MONUMENTS AND SITES OF ARCHAEOLOGICAL IMPORTANCE, INCLUDING SITES AND AREAS OF ARCHAEOLOGICAL POTENTIAL AND THOSE IDENTIFIED IN THE CHESHIRE HISTORIC TOWNS SURVEY, WILL NOT BE ALLOWED UNLESS IT CAN BE DEMONSTRATED, AS PART OF THE SUBMITTED PLANNING APPLICATION, THAT THE PARTICULAR SITE OR MONUMENT WILL BE SATISFACTORILY PRESERVED EITHER IN SITU OR WHERE IT IS NOT FEASIBLE, BY RECORD. |
Reasons and Explanations
(i) Archaeological sites are an important part of the cultural heritage of the nation. The most important are legally protected as scheduled ancient monuments. However, there are many other sites of sufficient local or regional significance to merit protection. The preservation of such sites in situ can often be achieved through careful design and layout. It is vital therefore that early consultation takes place between developers and the Council.
(ii) Where development proposals affect sites of known or suspected archaeological importance, the Council will require the applicant to submit a professional archaeological assessment or evaluation, prior to the determination of the planning application as the basis of assessing the extent and importance of the remains present and the effects of the development on the archaeological resource and to determine the need for any mitigation measures required as a result of the development.
(iii) Where preservation in situ is impossible, developers must ensure that a proper record of the site is made before development takes place. In this respect the Council will consider the use of planning conditions or legal agreements.
(iv) The Secretary of State for Culture, Media and Sport is responsible for identifying monuments of national importance while the County Council is responsible for identifying monuments that have local or regional importance. The County Council is responsible for keeping up to date records of all sites and monuments which are of local, regional and national importance or have archaeological potential.
(v) For the purpose of this policy archaeological sites include industrial archaeological sites and sites of archaeological potential including those identified in Cheshire Historic Towns Survey.
(vi) The Schedule of Ancient Monuments and Archaeological Areas is compiled by the Secretary of State for Culture, Media and Sport. A current list of scheduled ancient monuments is contained in Appendix 4.
Policy Derivation
PPG16 "Archaeology and Planning"
Cheshire 2016 Structure Plan Alteration Policy R1
HISTORIC PARKS AND GARDENS Policy BE15 IN CONSIDERING PROPOSALS WHICH MAY AFFECT THOSE HISTORIC PARKS AND GARDENS AND THEIR SETTINGS, IDENTIFIED ON THE PROPOSALS MAPS, OR ANY THAT MAY SUBSEQUENTLY BE ADDED TO THE NATIONAL REGISTER OF PARKS AND GARDENS OF SPECIAL HISTORIC INTEREST IN ENGLAND, THE BOROUGH COUNCIL WILL HAVE REGARD TO THE FOLLOWING: (i) THE NEED TO PRESERVE THE CHARACTER AND APPEARANCE OF SUCH HISTORIC PARKS AND GARDENS; (ii) THE NEED TO PREVENT SUB-DIVISION OF HISTORIC PARKS AND GARDENS; AND (iii) THE NEED TO CONSERVE FEATURES OF ARCHITECTURAL, ARCHAEOLOGICAL AND HISTORIC INTEREST; (iv) THE NEED TO RECORD SUCH FEATURES. |
Reasons and Explanations
(i) Historic parks and gardens are an important element of the Borough's heritage. Development proposals can affect the garden and its setting and buildings or associated features which make a significant contribution to its character.
(ii) A list of these parks and gardens is included in Appendix 5.
(iii) The Borough Council will produce a Supplementary Planning Document dealing with historic parks and gardens and this will include a list of parks and gardens of local importance.
Policy Derivation
PPG15 "Planning and the Historic Environment"
ADVERTISEMENTS AND SIGNS Policy BE16 IN CONSIDERING APPLICATIONS FOR ADVERTISEMENTS AND SIGNS THE BOROUGH COUNCIL WILL HAVE REGARD TO THE FOLLOWING: (i) THE NEED TO PROTECT THE CHARACTER OF THE STREET SCENE AND INDIVIDUAL BUILDINGS FROM UNNECESSARILY DOMINANT DISPLAYS. IN PARTICULAR SIGNS ABOVE GROUND FLOOR FASCIA LEVEL AND ON GABLE ENDS OR FLANK WALLS WILL NEED TO BE CAREFULLY DESIGNED SO AS NOT TO DETRACT FROM THE APPEARANCE OF THE BUILDING AND THE STREET SCENE. (ii) ADVERTISEMENTS SHOULD NOT OBSCURE IMPORTANT ARCHITECTURAL FEATURES SUCH AS CORNICES, PILASTERS OR MOULDINGS. (iii) THE SIZE AND NUMBER OF SIGNS CURRENTLY IN THE VICINITY. (iv) EXCESSIVE ILLUMINATION, PARTICULARLY THE USE OF OPEN NEON TUBING OR INTERMITTENT LIGHT SOURCES AND INTERNAL BACKGROUND ILLUMINATION SHOULD BE AVOIDED. (v) SIGNS SHOULD BE DISCREET, AND IN PARTICULAR THE USE OF HIGHLY GLOSSY MATERIALS OR UNNECESSARILY LARGE LETTERING INCLUDING SYMBOLS AND LOGOS OR THE USE OF LARGE LIGHT BACKGROUNDS SHOULD BE AVOIDED. (vi) THE EFFECTS ON PUBLIC SAFETY, AND ON THE USE AND OPERATION OF ALL FORMS OF TRANSPORT, INCLUDING THE SAFETY OF PEDESTRIANS. |
Reasons and Explanations
(i) Control of advertisements is essential in order to balance the needs of advertisers to attract customers with the requirements to conserve and enhance the town and countryside and to avoid advertisements presenting a threat to public or highway safety.
(ii) Within Conservation Areas and where Listed Buildings are involved the quality of design will be particularly important (see also BE10). The Borough Council has designated Areas of Special Control for Advertisements. These will be subject to periodic review.
Policy Derivation
PPG19 "Outdoor Advertisement Control"
ADVANCE DIRECTIONAL ADVERTISEMENTS Policy BE17 APPLICATIONS FOR ADVANCE DIRECTIONAL ADVERTISEMENTS, WILL ONLY BE ALLOWED PROVIDED: (i) THE DESIGN AND THE APPEARANCE OF THE PROPOSED ADVERTISEMENT ARE APPROPRIATE TO ITS SETTING TAKING INTO ACCOUNT THE LOCAL LANDSCAPE CHARACTER. (ii) THE PROPOSED SIGN WILL NOT BE DETRIMENTAL TO PUBLIC SAFETY EITHER THROUGH ITS SITING OR DESIGN. (iii) THE ADVERTISEMENT DOES NOT RESULT IN A CLUTTER OF SIGNS IN THE VICINITY WHICH WOULD HAVE ADVERSE EFFECT ON ITS SURROUNDINGS. IN SUCH AN EVENT THE BOROUGH COUNCIL MAY AGREE TO OTHER SIGNS PROVIDED THAT ARE ON ONE COMMUNAL NOTICE. |
Reasons and Explanations
(i) To prevent an uncontrolled proliferation of unnecessary advertising throughout the Borough and to ensure that such signing does not create a hazard or danger to people in the vicinity.
(ii) A large part of the rural area of Vale Royal is an Area of Special Control where signs are only allowed where they are necessary for announcement or direction.
Policy Derivation
PPG19 "Outdoor Advertisement Control"
Policies for shop fronts and fascias are included in the shopping section as Policies STC3 and STC4
TELECOMMUNICATIONS DEVELOPMENT Policy BE18 PLANNING PERMISSION WILL BE GRANTED FOR TELECOMMUNICATION DEVELOPMENT WHERE: (i) THERE ARE NO MORE SATISFACTORY ALTERNATIVE SITES FOR TELECOMMUNICATIONS AVAILABLE; AND (ii) THERE IS NO REASONABLE POSSIBILITY OF SHARING OF EXISTING FACILITIES; AND (iii) IN THE CASE OF RADIO MASTS, THERE IS NO REASONABLE POSSIBILITY OF ERECTING ANTENNAE ON AN EXISTING BUILDING OR STRUCTURE; (iv) THE PROPOSED DEVELOPMENT IS SITED AND DESIGNED SO AS TO MINIMISE ITS VISUAL IMPACT; SUBJECT TO THERE BEING NO SERIOUSLY DETRIMENTAL IMPACT UPON THE APPEARANCE AND CHARACTER OF THE BUILDINGS AFFECTED, THE AMENITIES OF THE OCCUPIERS OF NEARBY PROPERTIES OR THE CHARACTER AND APPEARANCE OF THE WIDER AREA AND LANDSCAPE. |
Reasons and Explanations
(i) Planning Policy Guidance Note 8 sets out the Government's planning policy for telecommunications development. This policy reflects the Government's general policy on telecommunications, which is to facilitate the growth of new and existing systems. PPG8 also says that the Government is fully committed to environmental objectives. The policy allows decisions to be taken on planning applications which balances operational and technical requirements against any harm to the environment or residential amenity. In this respect, the Council will take into account whether the development is proposed by a 'Code Systems Operator' [i.e. a person who has been granted a license under Section 7 of the Telecommunications Act 1984 (power to license systems) which applies the telecommunications code to him in pursuance of Section 10 of the Act (the Telecommunication Code) in connection with the establishment or maintenance of a public telecommunications network.
Some parts of the Telecommunications Act 1984 have been replaced by the Telecommunications Act 2003 which will be referred to when considering planning applications for such development.
(ii) The Borough Council will refer to its Procedural Guidance on the Placement of Telecommunication Installations when considering applications for such development.
Policy Derivation
PPG8 "Telecommunications"
Cheshire 2016 Structure Plan Alteration Policy GEN3
DOMESTIC RADIO, MASTS, AERIALS AND SATELLITE DISHES Policy BE19 WHERE PLANNING PERMISSION IS REQUIRED FOR THE ERECTION OF DOMESTIC MASTS, AERIALS AND SATELLITE DISHES ON RESIDENTIAL PROPERTIES, THESE WILL ONLY BE ALLOWED WHERE THEY ARE LOCATED UNOBTRUSIVELY ON A WALL OF THE DWELLING THAT DOES NOT FACE A PUBLIC HIGHWAY OR UNOBTRUSIVELY IN REAR GARDENS, AND DO NOT RESULT IN ANY UNACCEPTABLE LOSS OF AMENITY FOR ANY ADJACENT OCCUPIER. |
Reasons and Explanations
(i) To minimise the impact of such development and to safeguard the amenities of adjacent residential occupiers.
Policy Derivation
PPG8 "Telecommunications"
JODRELL BANK Policy BE20 WITHIN THE JODRELL BANK RADIO TELESCOPE CONSULTATION ZONE, AS DEFINED ON THE PROPOSALS MAP, DEVELOPMENT WHICH CAN BE SHOWN TO IMPAIR THE EFFICIENCY OF THE JODRELL BANK RADIO TELESCOPE WILL NOT BE ALLOWED. |
Reasons and Explanations
(i) The radio telescopes at Jodrell Bank are of international importance for Radio Astronomy. Their value depends upon being able to receive radio emissions from space with a minimum of interference from electrical equipment. Despite technological advances, protection from local sources of interference is still of utmost importance.
(ii) The Town and Country (Jodrell Bank Radio Telescope) Direction 1973 requires the Local Planning Authority to consult with the University of Manchester before granting planning permission on any application for development (subject to the exceptions specified in the schedule).
Policy Derivation
Cheshire 2016 Structure Plan Alteration Policy GEN5
RENEWABLE ENERGY Policy BE21 RENEWABLE ENERGY RESOURCES GENERALLY NEED TO BE HARNESSED AT OR NEAR TO THE LOCATION IN WHICH THEY OCCUR. THE WIDER BENEFITS OF RENEWABLE ENERGY DEVELOPMENTS, WHATEVER THEIR SCALE, TO THE LOCAL AND REGIONAL ECONOMY, LOCAL COMMUNITIES AND THE ENVIRONMENT ARE MATERIAL CONSIDERATIONS WHICH WILL BE GIVEN SIGNIFICANT WEIGHT IN DETERMINING PLANNING APPLICATIONS. THE COUNCIL WILL SUPPORT PROPOSALS FOR THE GENERATION OF RENEWABLE ENERGY HAVING REGARD TO THE FOLLOWING KEY CONSIDERATIONS: (i) THE IMMEDIATE AND WIDER IMPACT OF THE PROPOSED DEVELOPMENT, INCLUDING NEW BUILDINGS, STRUCTURES, PIPELINES, OVERHEAD POWER LINES AND OTHER ASSOCIATED DEVELOPMENT, ON THE LANDSCAPE, PUBLIC SAFETY AND THE LOCAL ENVIRONMENT; (ii) MEASURES TAKEN TO MINIMISE THE VISUAL EFFECTS OF DEVELOPMENT; (iii) IMPACT ON INTERNATIONALLY AND NATIONALLY IMPORTANT SITES OF NATURE CONSERVATION INTEREST; (iv) IMPACT ON INTERNATIONALLY AND NATIONALLY IMPORTANT SITES, AREAS AND BUILDINGS OF HISTORIC OR ARCHITECTURAL INTEREST; (v) IMPACT ON THE OPENNESS OF THE GREEN BELT; (vi) IMPACTS RESULTING FROM NOISE, ODOUR AND TRAFFIC. ON-SITE RENEWABLE ENERGY CAPTURE AND USE SHOULD BE INCORPORATED INTO ALL APPROPRIATE NEW DEVELOPMENT. IN THE CASE OF LARGER SCALE DEVELOPMENTS APPLICANTS WILL BE REQUIRED TO DEMONSTRATE HOW AT LEAST 10% OF ITS PREDICTED ENERGY REQUIREMENTS WILL BE DERIVED FROM RENEWABLE ENERGY CAPTURE AND USE ON THE SITE. |
Reasons and Explanations
(i) Human induced climate change, caused primarily by emissions of carbon dioxide from the combustion of fossils fuels, is posing a significant risk to the world's environment. The Government's response to climate change includes the objective of meeting 10% of the UK's electricity requirements from renewable energy by 2010 and twice that by 2020. Regional and sub-regional targets are now included within changes to Regional Planning Guidance for the North West (RPG13). BY 2010, 8.5% of the electricity supplied to the North West should be from renewable sources (20% by 2020).
(ii) The Council acknowledges that larger scale renewable energy schemes, particularly involving wind turbines, can have a significant impact in areas that are generally covered by a more restrictive planning policies. The development itself, and its cumulative effect with other existing or committed development, will be taken into account by the Council when it assesses proposals. For such larger proposals, applicants will be expected to demonstrate how the particular site has been selected and supply details with applications of other locations considered and the reasons why they were discounted. This information may form part of an Environmental Assessment.
(iii) Applicants should consider carefully the likely adverse impacts of any scheme and how these can be minimised. The Council will balance these impacts against any local benefits, such as local energy generation, and the wider environmental benefits of reducing our reliance on energy derived from fossil fuel.
(iv) The use of renewable energy should be considered within all new development, from extensions to dwellings to larger schemes. The policy includes a requirement that 10% of the predicted energy requirements of major development is derived from on-site renewable energy capture and use. The term major development relates to the categories of development given in paragraph 7 of Article 8 of the Town and Country Planning (General Development Procedure Order) 1995. It includes:
- sites for 10 or more dwellings or proposed residential development sites of 0.5 hectares or more where a number of dwellings is not known.
- New buildings providing a floorspace of 1000 square metres or more; and
- Development carried out on a site of 1 hectare or more.
Policy Derivation
PPS22: Renewable Energy
Regional Planning Guidance for the North West
Cheshire 2016 Structure Plan Alteration
LOCALLY IMPORTANT BUILDINGS Policy BE22 INDIVIDUAL BUILDINGS OR GROUPS OF BUILDINGS, AND STRUCTURES OF LOCAL ARCHITECTURAL OR HISTORIC INTEREST AND THEIR SETTINGS WILL BE CONSERVED WHEREVER POSSIBLE FROM DECAY, DESTRUCTION, DAMAGE OR DEMOLITION. IN CONSIDERING PROPOSALS WHICH MAY AFFECT SUCH LOCALLY IMPORTANT BUILDINGS AND STRUCTURES, THE BOROUGH COUNCIL WILL HAVE REGARD TO THE FOLLOWING: (i) THE NEED TO RETAIN BUILDINGS OR STRUCTURES WHICH CONTRIBUTE TO AND ENHANCE THE LOCAL DISTINCTIVENESS, LOCAL TOWNSCAPE OR RURAL CHARACTER (WHICHEVER IS APPROPRIATE); (ii) THE NEED TO CONSERVE INTERESTING OR UNUSUAL FEATURES OR ARCHITECTURAL DETAIL, MATERIALS, CONSTRUCTION OR HISTORIC INTEREST. |
Reasons and Explanations
(i) Locally important non-listed buildings help to sustain a sense of local distinctiveness which is an important characteristic of sense of place and identity of many communities. They can help maintain an ambience that is an important contribution to economic activity such as tourism.
(ii) The list of locally important buildings and the criteria for the selection of buildings and structures for inclusion on the list is given in Appendix 7.
Policy Derivation
PPG15 "Planning and the Historic Environment"
Conservation Issues in Local Plans - joint publication by English Heritage, Countryside Commission and English Nature
CONSERVATION AREA APPRAISALS Policy BE23 THE BOROUGH COUNCIL WILL EVALUATE APPLICATIONS FOR DEVELOPMENT WITHIN AND ADJACENT TO THE BOUNDARIES OF DESIGNATED CONSERVATION AREAS AGAINST THOSE CHARACTERISTICS WHICH ARE REVEALED IN CONSERVATION AREA APPRAISALS. SIGNIFICANT CONSIDERATION WILL BE GIVEN TO ENSURING THAT DEVELOPMENT PROPOSALS RESPECT, MAINTAIN AND COMPLIMENT THOSE ASPECTS OF THE APPRAISAL WHICH DEFINE THE LOCAL DISTINCTIVENESS OF THE AREA, IN PARTICULAR THESE ELEMENTS WILL INCLUDE:
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Reasons and Explanations
(i) To ensure that new development maintains the local distinctiveness of the existing Conservation Areas.
(ii) To reduce uncertainty for those considering investment or development in the ea.
(iii) Conservation Area Appraisals will be undertaken as described in the Appendices to the Local Plan.
Policy Derivation
PPG15 "Planning and the Historic Environment"
Conservation Area Practice, English Heritage
Conservation Area Appraisals, English Heritage
Adopted Vale Royal Borough Local Plan First Review Alteration June 2006
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