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Chapter 12
Rural Enterprises
Introduction
12.1 Natural resources are particularly evident in the countryside, and it is very important that they are wisely stewarded in order that we do not deprive future generations of resources we currently enjoy. Elements worthy of protection include naturally occurring good quality soils and the appearance and character of the landscape. Without protection these valued features can easily be lost through gradual small changes. The policies in this and other chapters such as the Natural Environment chapter seek to ensure the countryside we currently enjoy is not degraded over time. However, there is a need to recognise that the countryside is not a museum but needs to support a rural economy and rural employment.
12.2 In recent years changes in agriculture have meant that the rural economy is no longer heavily reliant upon agriculture but has diversified. Agricultural diversification and alternative rural enterprises will play an increasingly important role in the future and, accordingly, it is important that existing sites and disused buildings are used to provide employment opportunities in rural areas and are not lost to residential uses. The provision of rural employment can also contribute to the reduction in the need to travel whilst the location of inappropriate uses which generate large amounts of traffic will generally not be permitted as it leads to unsustainable forms of development.
12.3 Means must be found to accommodate new businesses in rural areas without this jeopardising the character and attractiveness of the open countryside. The Local Plan seeks to achieve positive development for rural areas by ensuring that there is a net gain from the development of businesses in rural areas and there are no significant losses in terms of the character and attractiveness of the open countryside.
AGRICULTURAL LAND Policy RE1 THE USE OF THE BEST AND MOST VERSATILE AGRICULTURAL LAND (GRADES 1, 2 AND 3a) FOR ANY FORM OF DEVELOPMENT WHICH RESULTS IN THE LOSS OF SUCH LAND TO AGRICULTURAL USE WILL NOT BE ALLOWED EXCEPT WHERE IT IS EVIDENCED THAT THE FOLLOWING CRITERIA CAN BE MET: (i) ALTERNATIVE LAND ON PREVIOUSLY DEVELOPED SITES AND ON LAND WITHIN BOUNDARIES OF EXISTING DEVELOPED AREAS IS GENUINELY NOT AVAILABLE; (ii) THAT THERE IS AN OVERRIDING NEED FOR THE DEVELOPMENT AND IT MEETS THE OBJECTIVES OF THE LOCAL PLAN PARTICULARLY THOSE IN RELATION TO SUSTAINABLE DEVELOPMENT AND TRAVEL; (iii) LANDS OF GRADES 3B, 4 AND 5 IS NOT AVAILABLE OR HAS A STATUTORY DESIGNATION RELATING TO LANDSCAPE, WILDLIFE, HISTORIC INTEREST OR ARCHAEOLOGY WHICH WOULD OUTWEIGH THE AGRICULTURAL GRADING; EVEN WHERE DEVELOPERS ARE ABLE TO SATISFY ALL OF THE ABOVE CRITERIA THEY WILL BE DIRECTED TOWARDS SITES GRADED 3a AND REQUIRED TO PROVIDE EVIDENCE THAT ALL SUCH SITES HAVE BEEN CONSIDERED. |
Reasons and Explanations
(i) Good quality agricultural land is relatively limited in this country and, once lost cannot be replaced. Furthermore, the current agricultural surpluses are historically a new phenomenon. It cannot be assumed that they will continue over the longer term. Therefore the best and most versatile agricultural land is a nationally important resource for the longer term and should in general be protected from irreversible development.
(ii) The best and most versatile land will be regarded as Grade 1, 2 and 3a in the Ministry of Agricultural, Fisheries and Food's Agricultural Land Classification.
(iii) Although the protection of our agriculture resource is important, there are occasions when this factor is outweighed by other considerations. In recognition of this fact, the policy does allow exceptions, but only in cases where all alternative options have been open to consideration, and when full public consultation (in the form of the Local Plan process) has taken place.
Policy Derivation
PPS 7 'Sustainable Development in Rural Areas'
Cheshire Structure Plan Alteration (Cheshire 2016) Policy GEN1.
WHERE DEVELOPMENT IS ALLOWED WHICH INVOLVES THE LOSS OF AGRICULTURAL LAND Policy RE2 WHERE DEVELOPMENT IS ALLOWED WHICH INVOLVES THE LOSS OF AGRICULTURAL LAND, THE COUNCIL MAY IMPOSE PHASING CONDITIONS SO THAT THE MINIMUM AMOUNT OF LAND, CONSISTENT WITH THE NATURE OF THE DEVELOPMENT, IS TAKEN OUT OF AGRICULTURAL USE AT ANY ONE TIME, EG ALLOWING GRAZING TO CONTINUE ON LAND ALLOCATED FOR INDUSTRIAL/HOUSING DEVELOPMENT UNTIL DEVELOPMENT IS READY TO COMMENCE. |
Reasons and Explanations
(i) To protect the appearance of the countryside and areas on the urban fringe, agricultural land with planning permission for development should be properly maintained until development is commenced. In time between the grant of planning permission and its implementation, the land must not become an eyesore by falling into a disused state.
NEW AGRICULTURAL BUILDINGS Policy RE3 NEW AGRICULTURAL BUILDINGS SHOULD: (i) BE SITED AND DESIGNED SO THAT THEY DO NOT UNDULY DETRACT FROM THE AMENITY OF PEOPLE LIVING NEARBY; (ii) USE MATERIALS, COLOURS AND DESIGNS WHICH MINIMISE THE VISUAL IMPACT ON SURROUNDINGS; (iii) BE OF AN APPROPRIATE APPEARANCE AND INTERNAL LAYOUT FOR THE AGRICULTURAL PURPOSE INTENDED FOR THE BUILDING AND SHOULD NOT EXCEED THESE REQUIREMENTS; (iv) WHERE APPROPRIATE USE BOTH EXISITNG AND SOFT LANDSCAPING AND TREE PLANTING TO SCREEN THE BUILDING; (v) WHEREVER POSSIBLE BE LOCATED CLOSE TO AN EXISTING GROUP OF BUILDINGS. |
Reasons and Explanations
(i) The Borough Council will wish to protect the appearance of the countryside by the exercise of reasonable control over the siting and design of agricultural buildings.
Policy Derivation
PPS1 'Delivering Sustainable Development'
PPG12"Development Plans and Regional Planning Guidance"
Cheshire Structure Plan Alteration (Cheshire 2016) Policy GEN1, GEN2
Cheshire County Council Farm Buildings - a design Guide 1972
PROPOSALS FOR NEW BUILDINGS AND OTHER STRUCTURES ASSOCIATED WITH LIVESTOCK Policy RE4 PROPOSALS FOR NEW BUILDINGS AND OTHER STRUCTURES ASSOCIATED WITH LIVESTOCK THAT ARE NOT PERMITTED UNDER ANY DEVELOPMENT ORDER WILL ONLY BE ALLOWED WHERE THEY SATISFY THE FOLLOWING CRITERIA: (i) THEY SHOULD NOT UNDULY DETRACT FROM THE AMENITY ENJOYED BY THE OCCUPIERS OF EXISTING OR PROPOSED BUILDINGS DESCRIBED IN THE TOWN AND COUNTRY PLANNING GENERAL PERMITTED DEVELOPMENT ORDER 1995 AS "PROTECTED BUILDINGS" BY REASON OF SMELL, NOISE, DUST, VISUAL INTRUSION OR THE ATTRACTION OF TRAFFIC. (ii) THEY SHOULD PROVIDE DETAILS OF THE ARRANGEMENTS FOR THE DISPOSAL OR OTHER TREATMENT OF MANURE AND OTHER WASTES, AND SATISFY THE BOROUGH COUNCIL THAT AGRICULTURAL WASTES CAN BE MANAGED WITHOUT DETRIMENT TO AMENITY OR TO THE ENVIRONMENT. |
Reasons and Explanations
(i) Some buildings to be used for the accommodation of livestock will require planning permission from the Borough Council. The Borough Council recognises that such buildings will be necessary to the role of agriculture as an important and developing industry in the local economy. However, protection must also be given to the amenity of those people living in or otherwise using buildings close to existing or proposed livestock buildings.
(ii) "Protected Buildings" are permanent dwellings and other buildings occupied by people within 400 metres of the proposed livestock unit, excluding buildings within the agricultural unit and dwellings on other agricultural units. (A full definition is contained in the General Permitted Development Order 1995).
(iii) The amenity enjoyed by people living in or otherwise using the countryside should not be unreasonably diminished by practice of storage, treatment, transport or disposal of agricultural wastes.
(iv) The incidence of local environmental pollution caused by storage, treatment, transport or disposal of agricultural wastes must be minimised.
(v) MAFF and the Environment Agency will be requested to provide general advice or information as appropriate in order to assist the Borough Council's consideration of planning applications, the Council will take on expert advice where appropriate and necessary.
Policy Derivation
PPS 7 'Sustainable Development in Rural Areas'
PPS 23 'Planning and Pollution Control'
CHANGE OF USE OF AGRICULTURAL AND OTHER RURAL BUILDINGS Policy RE5 APPLICATIONS FOR THE CHANGE OF USE OF AGRICULTURAL BUILDINGS (INCLUDING STABLES) MADE WITHIN 4 YEARS OF THE COMPLETION OF THE BUILDING AS EITHER PART OF PERMITTED DEVELOPMENT OR FOLLOWING A PLANNING CONSENT WILL NEED TO BE ACCOMPANIED BY THE FOLLOWING: (i) EVIDENCE OF THE ORIGINAL INTENDED USE FOR THE BUILDING IF ERECTED UNDER PERMITTED DEVELOPMENT; (ii) EVIDENCE THAT THE BUILDING WAS USED FOR A SUBSTANTIAL PART OF THE PRECEDING PERIOD FOR THE INTENDED AGRICULTURAL PURPOSE; (iii) EVIDENCE THAT THE CHANGE OF USE WILL NOT GENERATE THE NEED FOR A REPLACEMENT STRUCTURE; ANY PROPOSAL FOR A CHANGE OF USE SHOULD ALSO MEET THE CRITERIA IN POLICY GS6. |
Reasons and Explanations
(i) PPS7 makes it clear that the Local Authorities should, if they consider farm buildings are being built with the intention of early conversion, investigate the history of the building to establish whether it was ever actually used for agricultural reasons. PPG2 also states that applications made for the reuse within four years of agricultural buildings erected under the GDO should be carefully examined.
(ii) There have been cases within Vale Royal where permitted development rights have been used to erect buildings which have then been converted to other uses, this has often necessitated further replacement structures which can detract from the open aspect or character of the Green Belt or Open Countryside. This policy seeks to ensure that permitted development is not used to allow development, which would not generally be acceptable in such areas.
(iii) Agricultural buildings if allowed to proliferate can lead to a detrimental impact on the Green Belt and if a number of these are then converted this can lead to development of an inappropriate scale in areas which are only accessible by private transport. Development of this land is not sustainable and PPG13 makes it clear that isolated development including residential development should be avoided.
(iv) The new uses proposed may put pressure on the countryside which were not anticipated when the original building was given consent in terms of visual impact, nature conservation and traffic generation.
Policy Derivation
PPS 7 'Sustainable Development in Rural Areas'
PPG2"Green Belts"
PPG13 "Transport"
WITHDRAWAL OF AGRICULTURAL PERMITTED DEVELOPMENT RIGHTS FOLLOWING A CHANGE OF USE Policy RE6 THE BOROUGH COUNCIL WILL CONSIDER WHETHER OR NOT IT WOULD BE APPROPRIATE TO CONSIDER THE REMOVAL OF PERMITTED DEVELOPMENT RIGHTS IN ANY OF THE FOLLOWING CASES: (i) WHERE SEVERAL APPLICATIONS FOR A CHANGE OF USE HAVE TAKEN PLACE AT THE AGRICULTURAL HOLDING OR UNIT WITHIN FOUR YEARS OF THEIR COMPLETION UNDER PERMITTED DEVELOPMENT RIGHTS OR IN CERTAIN CIRCUMSTANCES FOLLOWING PLANNING CONSENT. (ii) WHERE THIS HAS LED TO FURTHER BUILDINGS BEING ERECTED AS REPLACEMENTS UNDER PERMITTED DEVELOPMENT RIGHTS AND THIS COULD BE CONSIDERED TO HAVE LED TO A PROLIFERATION OF BUILDINGS, WHICH IS AFFECTING THE OPEN CHARACTER OF THE GREEN BELT AND OPEN COUNTRYSIDE. (iii) WHERE CHANGES OF USE OF GROUPS OR INDIVIDUAL AGRICULTURAL BUILDINGS HAVE CUMULATIVELY LED TO A CHANGE IN CHARACTER OF THE COUNTRYSIDE AND HAVE LED TO AN INCREASE IN TRAFFIC GENERATION. (iv) WHERE BUILDINGS PREVIOUSLY ERECTED UNDER PERMITTED RIGHTS HAVE NEVER BEEN USED FOR THE AGRICULTURAL USE TO WHICH THE PERMITTED DEVELOPMENT RIGHTS RELATE. |
Reasons and Explanations
(i) When the proliferation of farm buildings could have a seriously detrimental effect on the openness of the countryside it is then appropriate to consider whether it is necessary to attach a condition withdrawing permitted development rights with respect to an agricultural unit or holding. The Borough Council will only consider such a step where such conditions fairly and reasonably relate to the proposed development.
(ii) Within the permitted development system there is a requirement for the Borough Council to be notified of the proposal and whilst the authority cannot challenge the principal of development, matters such as siting and design can be discussed.
Policy Derivation
PPG2 'Green Belts'
PPS 7 'Sustainable Development in Rural Areas'
AGRICULTURAL WORKERS' DWELLINGS Policy RE7 THE DEVELOPMENT OF AN AGRICULTURAL WORKERS DWELLING WILL ONLY BE ALLOWED IN FORM OF A PERMANENT DWELLING IF THE FOLLOWING CRITERIA CAN BE MET: (i) THERE IS A CLEARLY ESTABLISHED EXISTING FUNCTIONAL NEED FOR ONE OR MORE WORKERS; (ii) THE NEED RELATES TO FULL-TIME WORKERS NOT PART-TIME EQUIVALENTS; (iii) THE UNIT AND AGRICULTURAL ACTIVITY CONCERNED HAVE BEEN ESTABLISHED FOR AT LEAST THREE YEARS AND HAVE BEEN PROFITABLE FOR AT LEAST ONE OF THESE AND HAVE A CLEAR PROSPECT OF REMAINING FINANCIALLY SOUND; (iv) THE FUNCTIONAL NEED CANNOT BE MET BY ANOTHER DWELLING ON THE UNIT OR OTHER ACCOMODATION IN THE AREA; (v) THE DWELLING SHOULD BE APPROPROATELY LOCATED AND WHEREVER POSSIBLE SHOULD BE SITED WITHIN, OR DESIGNED IN RELATION TO A NEARBY GROUP OF DWELLINGS OR FARM COMPLEX; (vi) THE DWELLING SHOULD BE OF A SIZE COMMENSURATE WITH THE ESTABLISHED FUNCTIONAL REQUIREMENT. DWELLINGS THAT ARE UNUSUALLY LARGE IN RELATION TO THE AGRICULTURAL NEEDS OF THE UNIT, OR UNUSUALLY EXPENSIVE TO CONSTRUCT IN RELATION TO THE INCOME IT CAN SUSTAIN IN THE LONG-TERM, WILL NOT BE PERMITTED. IT IS THE REQUIREMENTS OF THE ENTERPRISE, RATHER THAN THOSE OF THE OWNER OR OCCUPIER, THAT ARE RELEVANT IN DETERMINING THE SIZE OF DWELLING THAT IS APPROPRIATE TO A PARTICULAR HOLDING. (vii) IN APPROPRIATE CIRCUMSTANCES PERMISSIONS FOR SUCH DWELLINGS WILL BE SUBJECT TO CONDITIONS REMOVING PERMITTED DEVELOPMENT RIGHTS IN ORDER TO ENSURE THAT SUCH PROPERTIES ARE NOT EXTENDED BEYOND WHAT IS REQUIRED FOR AGRICULTURAL PURPOSES. PLANNING OBLIGATIONS (SEE SECTION 106 AGREEMENT) WILL BE USED WHERE APPROPRIATE TO TIE A NEW DWELLING TO ADJACENT FARM BUILDINGS OR TO THE AGRICULTURAL LAND OF THE UNIT TO PREVENT SALE OF ANY ELEMENT SEPERATELY WITHOUT FURTHER APPLICATION TO THE BOROUGH COUNCIL. (viii) THE PERMISSION WILL BE GRANTED SUBJECT TO A CONDITION ENSURING THE DWELLING IS OCCUPIED ONLY BY A PERSON SOLELY OR MAINLY WORKING IN THE LOCALITY IN AGRICULTURE OR IN FORESTRY OR A WIDOW OR WIDOWER OF SUCH A PERSON, AND TO ANY RESIDENT DEPENDANTS. OCCUPANCY CONDITIONS MAY ALSO BE IMPOSED ON EXISITNG DWELLINGS ON THE AGRICULTURAL UNIT WHICH ARE UNDER THE CONTROL OF THE APPLICANT AND NEED TO BE USED IN CONNECTION WITH THE FARM. (ix) WHERE A PROPOSAL IS UNABLE TO MEET (iii) OF THE CRITERIA CONSIDERATION WILL BE GIVEN TO A TEMPORARY FORM OF ACCOMODATION PROVIDED THAT ALL OTHER CRITERIA CAN BE MET AND: (x) THERE IS CLEAR EVIDENCE THAT THE ENTERPRISE IN EXISTENCE OR PROPOSED HAS BEEN PLANNED ON A SOUND FINANCIAL BASIS AND THAT CLEAR EVIDENCE OF A FIRM INTENTION AND ABILITY TO DEVELOP THE ENTERPRISE CONCERNED IS PROVIDED BY THE APPLICANT. |
Reasons and Explanations
(i) PPS7 makes it clear that an agricultural or forestry workers dwellings should serve the requirements of the agricultural enterprise and should not therefore just be a reflection of desires of the potential occupants or owners. Many agricultural workers dwellings have been built at a scale out of proportion with the needs and income of the agricultural unit. PPS7 makes it clear "Dwellings which are unusually large in relation to the income it can sustain in the long term, should not normally be permitted".
(ii) In determining applications which may be permitted as an exception to general policy, the Borough Council will normally require the applicant to provide detailed information about the farm holding or woodland enterprise. This will normally take the form of an agricultural questionnaire, which the Borough Council will send to the applicant to complete. In addition, an independent appraisal of the farm holdings by a suitably qualified agricultural surveyor will usually be required.
Policy Derivation
PPS 7 'Sustainable Development in Rural Areas.
REMOVAL OF AN AGRICULTURAL OR FORESTRY OCCUPANCY CONDITION Policy RE8 THE REMOVAL OF AN AGRICULTURAL OR FORESTRY OCCUPANCY CONDITION WILL ONLY BE PERMITTED IN EXCEPTIONAL CIRCUMSTANCES WHERE ALL THE FOLLOWING CRITERIA ARE MET: (i) THE APPLICANT CAN PROVIDE EVIDENCE THAT THERE IS NO CONTINUING NEED FOR THE DWELLING FOR SOMEONE SOLELY, MAINLY OR LAST WORKING IN AGRICULTURE OR FORESTRY IN THE AREA; AND (ii) THE PROPERTY HAS BEEN MARKETED FULLY TO THE RELEVANT WORKING COMMUNITY IN THE AREA OF THE HOLDING AT A PRICE, WHICH REFLECTS THE RESTRICTIONS IMPOSED BY THE OCCUPANCY CONDITION. EVIDENCE WILL BE REQUIRED THAT THE LOCAL FARMING/FORESTRY COMMUNITY HAVE BEEN CONTACTED AND MADE AWARE OF THE PROPERTY'S AVAILABILITY. IT WILL BE THE THOROUGH NATURE OF ANY MARKETING OF SUCH A DWELLING IN ASSOCIATION WITH THE LENGTH OF TIME MARKETED WHICH WILL BE KEY CONSIDERATIONS; (iii) THERE HAS BEEN NO INTEREST SHOWN BY A POTENTIAL PURCHASER WHO WOULD HAVE A REALISTIC PROSPECT OF COMPLYING WITH THE OCCUPANCY CONDITIONS. |
Reasons and Explanations
(i) To clarify the circumstances in which an exceptional case can justify the removal of an agricultural or forestry occupancy condition.
(ii) To indicate the evidence that should be provided to indicate that there is a lack of demand for the property as a dwelling for someone who has worked solely, mainly or last in agriculture and forestry in the area. It is expected that the time period for marketing will be at least two years but this should reflect the situation at the time of the application.
Policy Derivation
PPS 7 'Sustainable Development in Rural Areas.
EQUESTRIAN DEVELOPMENT Policy RE9 EQUINE DEVELOPMENT IN THE OPEN COUNTRYSIDE AND GREEN BELT WILL BE ALLOWED WHERE ALL THE FOLLOWING CRITERIA CAN BE MET: (i) THE PROPOSED DEVELOPMENT WOULD NOT AMOUNT TO INAPPROPRIATE DEVELOPMENT IN THE GREEN BELT AND WOULD NOT, EITHER BY ITSELF OR CUMULATIVELY, BE DETRIMENTAL TO THE CHARACTER OF THE LANDSCAPE OR VISUAL AMENITY DUE TO ITS SCALE, DESIGN, SITING OR THE MATERIALS USED. (ii) THE PROPOSAL SHOULD NOT BE DETRIMENTAL TO ANY SITE OF ACKNOWLEDGED LANDSCAPE, HISTORICAL, ARCHAEOLOGICAL OR NATURE CONSERVATION VALUE. WHERE SIGNIFICANT DEVELOPMENT OF AGRICULTURAL LAND IS UNAVOIDABLE, THE COUNCIL WILL SEEK TO USE LAND OF POORER QUALITY IN PREFERENCE TO THE BEST AND MOST VERSATILE AGRICULTURAL LAND EXCEPT WHERE THIS WOULD BE INCONSISTENT WITH OTHER SUSTAINABILITY CONSIDERATIONS. (iii) THE PROPOSED DEVELOPMENT SHOULD NOT BE DETRIMENTAL TO THE AMENITY OF NEIGHBOURING USES; (iv) THE APPLICANT INDICATES THE LOCATION OF ALL ELEMENTS ASSOCIATED WITH THE PROPOSED EQUINE DEVELOPMENT AND WHERE NECESSARY INCLUDES THESE WITHIN THE APPLICATION. IN THE CASE OF A LARGER SCALE EQUINE DEVELOPMENT ASSOCIATED ELEMENTS WILL INCLUDE GRAZING LAND, GALLOPS AND MENAGES. APPLICANTS MAY BE REQUESTED TO PROVIDE AN ASSESSMENT OF THE EFFECT OF THEIR PROPOSAL ON EROSION, ON THE VEGETATION ON LAND TO BE USED AND ON RIGHTS OF WAY. WHERE JUMPS ARE REQUIRED AS PART OF THE DEVELOPMENT CONDITIONS MAY BE REQUIRED TO SECURE THEIR REMOVAL WHEN NOT IN USE; (v) EXCEPT WHERE THE APPLICANT CAN DEMONSTRATE THAT ALL EQUINE GRAZING AND EXERCISE REQUIREMENTS CAN BE FULLY ACCOMMODATED ON SUITABLE LAND WHICH IS CLOSELY ASSOCIATED WITH THE PROPOSED DEVELOPMENT AND IS IN THE APPLICANT'S CONTROL, THE PROPOSAL SHOULD BE LOCATED NEAR AN EXISTING OR PROPOSED BRIDLEWAY OR OTHER SUITABLE RIGHT OF WAY OR PERMISSIVE ROUTE, OR SHOULD PROVIDE PERMISSIVE ROUTES WHICH PROVIDE CONNECTIONS INTO THE EXISTING NETWORK; (vi) THE PROPOSAL SHOULD MEET THE NECESSARY STANDARDS FOR VISIBILITY, PARKING AND ACCESS INCLUDING THE PROVISION OF AREAS FOR UNLOADING AND LOADING OF HORSES AND STAFF ACCESS ON TO THE HIGHWAY FOR BOTH HORSES AND VEHICLES. EQUINE DEVELOPMENT SHOULD NOT GIVE RISE TO UNACCEPTABLE NUISANCE, DANGER OR INCREASES IN VEHICLE MOVEMENTS; (vii) PROPOSALS FOR SMALL-SCALE EQUINE DEVELOPMENT FOR PRIVATE RECREATIONAL OR COMMERCIAL USE (OUTSIDE RESIDENTIAL CURTILAGES) SHOULD BE CONSTRUCTED OF TEMPORARY MATERIALS, SUCH AS TIMBER. CONDITIONS WILL BE ATTACHED TO SUCH PERMISSIONS REQUIRING THAT STABLES ARE REMOVED ON THE CESSATION OF THEIR USAGE. (ix) ALL PROPOSALS FOR EQUESTRIAN DEVELOPMENT, SHOULD, WHERE POSSIBLE UTILISE EXISTING RURAL BUILDINGS. IN THE GREEN BELT, WHERE THIS IS PROVED TO BE NOT POSSIBLE, ONLY SMALL SCALE NEW EQUESTRIAN DEVELOPMENT WILL BE PERMITTED. LARGER SCALE DEVELOPMENT WILL ONLY BE PERMITTED IN THE GREEN BELT WHERE DEVELOPMENT UTILISES EXISTING RURAL BUILDINGS. (x) IN BOTH THE OPEN COUNTRYSIDE AND THE GREEN BELT LARGER SCALE EQUINE DEVELOPMENT WILL ONLY BE PERMITTED WHERE ALL ON SITE SUPERVISION NEEDS CAN BE MET FROM AN EXISTING PERMANENT DWELLING CURRENTLY LOCATED ON THE APPLICATION SITE. EXCEPTIONALLY THE CONVERSION OF AN EXISTING RURAL BUILDING FOR RESIDENTIAL PURPOSES FOR ON-SITE SUPERVISION WILL BE ALLOWED WHERE A FUNCTIONAL AND FINANCIAL NEED IS DEMONSTRATED. IN SUCH CIRCUMSTANCES REGARD WILL BE HAD TO THE CRITERIA IN POLICY GS6 WHEN DETERMINING APPLICATIONS. |
Reasons and Explanations
(i) Whilst equine development is appropriate in the rural areas the policy seeks to ensure that such development is not detrimental to either the openness in the Green Belt or the character of the landscape.
(ii) Small-scale new stables are an appropriate use in the Green Belt. In terms of this policy, small-scale is considered to be 55 sq. metres floor area of stables and tack or storerooms totalling 15 sq. metres. These figures are based on the standards recommended by the British Horse Society. All ancillary facilities, such as toilets and kitchen areas should be included within this total. Stables within domestic curtilages (which is usually defined as a small area attached to a dwelling, containing domestic outbuildings and the garden and/or yard) are usually allowed under the General Development Order 1995, where they provide for the private residential use only of the dwelling's inhabitants.
(iii) Commercial equine development will usually be of a larger scale but occasionally there will be larger private recreational proposals. If such developments require new stable development particular care will be needed in order that this development is not detrimental to its surroundings. Only small-scale new stable developments will be appropriate in the Green Belt and accordingly the majority of the development should be accommodated in existing buildings. The Borough Council's view of what would constitute small scale is set out in (ii) of the reasons and explanations. In the Open Countryside larger scale development may be possible if the development proposal can satisfy all the relevant criteria of the policy. Any development should be of an appropriate scale, which the Borough Council considers to be no more than 165 sq. metres of new stables and 50 sq. metres of storage and tack rooms in total. Again this figure is based on the standards of the British Horse Society and would accommodate approximately 12-15 horses. Further advice about the detailed design of stables can be obtained from the British Horse Society or the Countryside Agency document "Horses in the Countryside".
(iv) In addition to the requirements for the accommodation of horses it is also necessary to consider the welfare, comfort and safety of the horses and the effect that they may have on the surrounding land if they overgraze it. In assessing whether sufficient land is available for grazing the Borough Council will be guided by the advice of the British Horse Society, National Farmers Union and the Countryside Agency and that one acre (0.5 hectares) grazing land per horse plus additional exercising area is required to prevent overgrazing. Applicants may be asked for their assessment of how the proposed development would affect erosion and vegetation. Guidance on pasture management is also available from the Countryside Agency in their guide 'Horses in the Countryside' and the report 'Horse Pasture Management Study'. The Borough Council may take into account up-to-date advice on equine health and welfare as it becomes available.
(v) Buildings and ancillary features must not be prominent in, or detrimental to the rural scene. When assessing a proposal, the Borough Council will take account of the density of existing similar developments in the vicinity and the cumulative impact of existing and proposed developments on the landscape character of the open countryside and the visual amenity and openness of the Green Belt.
(vi) PPS7 recognises that there may be instances where special justification exists for a new isolated dwelling associated with rural based enterprises which may include large scale equine developments. In these special circumstances the Borough Council will assess the proposal using the same criteria as those set out in Policy RE7.
Policy Derivation
PPS 7 'Sustainable Development in Rural Areas'
PPG2 "Greenbelts"
The British Horse Society "Minimum Standards for Livery Yards and Trekking Centres"
Countryside Agency "Horses in the Countryside"
KENNELS AND CATTERIES Policy RE10 PROPOSALS FOR CATTERIES AND KENNELS SHOULD MEET THE FOLLOWING CRITERIA: (i) THE PROPOSALS SHOULD MEET THE REQUIREMENTS OF BE1 WITH REGARD PARTICULARLY TO ADEQUATE ACCESS AND PARKING AND SHOULD NOT BE DETRIMENTAL TO NEIGHBOURING USES; (ii) THE PROPOSAL SHOULD BE LOCATED IN EXISTING BUILDINGS (IN THE GREEN BELT) OR WITHIN OR ADJACENT TO AN EXISTING COMPLEX OF BUILDINGS (OPEN COUNTRYSIDE). NEW DEVELOPMENT IN THE OPEN COUNTRYSIDE SHOULD BE OF A SMALL SCALE; (iii) PROPOSALS SHOULD NOT DETRACT FROM THE APPEARANCE AND CHARACTER OF THE COUNTRYSIDE AND BE SENSITIVELY DESIGNED IN RELATION TO THEIR SETTING AND SHOULD INCLUDE LANDSCAPING AND SCREENING WHERE APPROPRIATE. |
Reasons and Explanations
(i) New development is inappropriate in the Green Belt, although the reuse of existing buildings is acceptable. Policy RE5 relates to the conversion and reuse of existing buildings and should be referred to in such cases.
(ii) Kennels are often located in the countryside in order to avoid causing noise nuisance to adjoining properties. Kennels and catteries are not, however, considered to be specifically rural land uses. They can be accommodated in urban areas, particularly catteries, but it is recognised that it can be difficult to find suitable premises, especially as on-site residence is normally required. Correspondingly, the Borough Council accepts that rural locations can meet a need for premises that would be difficult (but not impossible) to locate in towns.
(iii) The amenity of neighbouring properties will be protected by the requirements of policy BE1.
(iv) The character of the countryside should be protected. Development should therefore be suitably designed and screened to be unobtrusive in its surroundings. It should not take the form of isolated development.
(v) Kennels and catteries are controlled by the Animal Boarding Establishment Act 1963, which requires all boarding accommodation to be licensed. The Borough Council is the local licensing authority, and exercises this duty through the Community Services Directorate.
Policy Derivation
PPG2 "Green Belts"
PPS 7 'Sustainable Development in Rural Areas'
PRIVATE AIRSTRIPS Policy RE11 THE USE OF LAND AS PRIVATE AIRSTRIPS WILL BE ALLOWED IN AREAS MORE THAN ONE MILE FROM THE SETTLEMENT POLICY BOUNDARIES OF NORTHWICH, WINSFORD, BARNTON, CUDDINGTON, DAVENHAM, HARTFORD, LOSTOCK GRALAM, MOULTON, RUDHEATH, TARPORLEY, FRODSHAM, HELSBY, HIGHER WINCHAM AND WEAVERHAM ONLY IF THE DEVELOPMENT: (i) DOES NOT SPOIL THE QUIET ATTRACTIVENESS OF THE COUNTRYSIDE, NOR HAS A DETRIMENTAL EFFECT ON AGRICULTURE OR DESIGNATED ECOLOGICAL SITES AS DEFINED IN POLICY NE2 AND NE3; (ii) DOES NOT GENERATE SUFFICIENT AIR TRAFFIC TO CAUSE A NUISANCE OR DANGER TO NEARBY RESIDENTS; (iii) DOES NOT REQUIRE ANY NEW BUILDINGS. ANY NECESSARY ANCILLARY STORAGE REQUIRED FOR THE ENTERPRISE ONLY SHOULD UTILISE EXISTING BUILDINGS. ANY NECESSARY CONDITIONS WILL BE USED TO ENSURE SUCH IS ONLY FOR THE AIRSTRIP. |
Reasons and Explanations
(i) Airstrips in Vale Royal Borough should not have a detrimental effect on the character of the countryside or on residential amenity. It is envisaged that any airstrips permitted under this policy will be small in scale, for use by private light aircraft only.
(ii) The Civil Aviation Authority will be consulted on applications for private airfields to give technical advice and to prevent any conflict with air traffic control at existing airports.
FARM DIVERSIFICATION Policy RE12 DEVELOPMENT ASSOCIATED WITH THE DIVERSIFICATION OF AN EXISTING AGRICULTURAL HOLDING WILL BE ALLOWED WHERE THE FOLLOWING CRITERIA CAN BE MET: (i) THE PROPOSAL SHOULD RETAIN EXISTING EMPLOYMENT ON THE SITE AND WHERE POSSIBLE LEAD TO THE CREATION OF NEW EMPLOYMENT; (ii) APPLICANTS WILL BE ENCOURAGED TO PRODUCE FARM PLANS WHICH WILL OUTLINE THE PRESENT FARMS PROFILE, PRESENT AND PROPOSED ACTIVITIES, AND ITS ENVIRONMENTAL AND AMENITY EFFECTS; (iii) ANY PROPOSAL AND ANY SUBSEQUENT EXPANSION SHOULD UTILISE EXISTING BUILDINGS ON THE HOLDING. THE BOROUGH COUNCIL WILL REQUIRE APPLICANTS TO PROVIDE CLEAR EVIDENCE THAT CHANGES OF USE PROPOSED IN AGRICULTURAL BUILDINGS UNDER 4 YEARS OLD ERECTED UNDER PERMITTED DEVELOPMENT WERE GENUINELY USED FOR AGRICULTURAL PURPOSES. (iv) WHERE IT CAN BE SHOWN THAT NO SUITABLE BUILDINGS ARE AVAILABLE, ANY PROPOSALS FOR NEW BUILDINGS SHALL BE SUBJECT TO THE POLICIES CONTROLLING DEVELOPMENT IN THE GREEN BELT AND OPEN COUNTRYSIDE. ANY NEW BUILDINGS SHOULD BE SMALL IN SCALE, RELATE TO EXISTING DEVELOPMENT AND SHOULD HAVE NO ADVERSE EFFECT ON THE CHARACTER, AMENITY, APPEARANCE AND LANDSCAPE QUALITY OF THE AREA OR ON ANY WILDLIFE HABITATS; (v) THE PROPOSED USE WOULD NOT CREATE AN UNACCEPTABLE IMPACT ON THE HIGHWAY NETWORK AND THERE IS A SATISFACTORY MEANS OF VEHICULAR ACCESS AND PARKING ARRANGEMENTS. A TRANSPORT ASSESSMENT WILL BE REQUIRED IN SENSITIVE LOCATIONS; (vi) THE BOROUGH COUNCIL WILL, WHERE NECESSARY, ATTACH CONDITIONS TO PERMISSIONS FOR RURAL DIVERSIFICATION WHICH CONTROL THE EXPANSION OF THE ENTERPRISE BEYOND AN ACCEPTABLE LEVEL AND ALSO TO CONTROL THE NATURE OF THE ENTERPRISE. APPLICATIONS FOR EXPANSION SHOULD BE OF A SMALL SCALE AND THE CUMULATIVE EFFECT OF THE EXPANSION ALONG WITH THE EXISTING DEVELOPMENT WILL BE CONSIDERED; (vii) PROPOSALS SHOULD BE APPROPRIATELY LANDSCAPED TO REDUCE VISUAL INTRUSION AND WHERE POSSIBLE SHOULD LEAD TO ENVIRONMENTAL IMPROVEMENTS. |
Reasons and Explanations
(i) Diversification schemes should preferably help to support, rather than replace, farming activities on the rest of the farm. This policy however does not rule out, in principle, wholesale diversification out of agriculture. All schemes should also stimulate new economic activity and support the use of farming practices that are sensitive to the environment. Some examples of possible types of development are:
- Farm based food processing and packing (e.g. ice cream, yoghurt, smoked meats)
- Farm sports (e.g. riding stables, fishing)
- Farm workshops (e.g. offices, agricultural repairs)
- Farm shops (pick your own fruit, sales of own produce)
- Tourist accommodation (e.g. Bed and Breakfast, self catering)
Possible sources of further information are:
- Farm Diversification in the North West: A guide to planning, by North West Development Agency (2003)
- A Farmer's Guide to the Planning System, by the Office of the Deputy Prime Minister (2001)
- Planning for Rural Diversification, by Department of Environment (now Office of the Deputy Prime Minister) (1995)
(ii) Farmers who do diversify will be encouraged to produce farm plans, which outline the changes they wish to make. This should demonstrate the connection between on-going farming activities and any benefits of diversification. The structure of a farm plan might include:
- Basic farm profile (e.g. area, type, history, existing buildings, wildlife, soil type)
- Details of current activities (business type, employees)
- Need for diversification (problems, history, future options)
- Proposals (change of use of land, buildings, new buildings, parking)
- Implications of the proposal (for the environment, rural economy, agricultural use of land, economic implications)
(iii) Whilst changes of use of redundant farm buildings to employment uses will be encouraged, such changes of use will not be granted where the cumulative effect of the expansion of the proposal would lead to an unacceptable intensification which would mean that the new diversified enterprise would no longer satisfy the criteria of the policy.
(iv) Where diversification proposals involve new tourist facilities consideration should be given to links with existing and proposed Greenways.
Policy Derivation
PPS 7 'Sustainable Development in Rural Areas'
Farm Diversification in the North West: A Guide to Planning
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