10 Development Management

10 Development Management

10.1 The following development management policies are intended to be relevant to any type of proposal whether large or small scale. New development and redevelopment should be appropriate to the site; achieve a high quality of design and efficient use of land and buildings; and should respond creatively and positively to the character and distinctiveness of the surrounding area. All new development, including residential and commercial proposals, should also reflect the area’s distinctive development form and patterns of building, spaces, and means of enclosure, townscape and landscape, and incorporate in the design those features which are important to the history and form of the area.

10.2 The Council's Housing and Employment Land Availability Assessment (2017) (HELAA) shows that there is a healthy supply of previously developed land in the borough which can support a significant level of development for housing, employment and mixed use. In line with Local Plan (Part One) policy STRAT 1, the Council supports a mix of uses on appropriate sites, that can provide housing, employment and other community and open space facilities that will contribute towards sustainable communities.

10.3 The National Planning Policy Policy Framework (NPPF) requires authorities to plan positively for the achievement of high quality and inclusive design for all development, including individual buildings, public and private spaces and wider area development schemes based on the defining characteristics of the area. The borough has a diverse range of high quality built and natural environments in the urban and rural area that should be protected from potential adverse impacts resulting from development. All development should achieve a high level of design and build quality that respects these environments and improves an area where possible.

10.4 Good design has a role in achieving sustainable development and adapting to, or mitigating, climate change. It will support sustainable development because it will reuse and adapt existing buildings to new uses, as well as designing new buildings and housing that can meet the changing needs of the occupants over their lifetime. This will reduce the amount of resources required for development.

DM 1 - Development of previously developed land

Explanation

10.5 The Local Plan (Part One) policy STRAT 2 sets out the levels of development in the borough and whilst these levels are not maxima, the development plan does not support the unnecessary loss of greenfield land and countryside. The overall housing target of 22,000 new dwellings by 2030 can be achieved through the delivery of planning commitments, strategic sites and housing land allocations. It should not be necessary to develop additional housing on greenfield or countryside sites outside of identified settlements, unless it can be demonstrated that the development would meet a rural affordable housing need in line with Local Plan (Part One) policy SOC 2 and Local Plan (Part Two) policy DM 24.

10.6 The Council will promote the re-use of suitable previously developed land for residential development through a Brownfield Land Register (Part 1). The register will identify suitable sites that have been assessed against criteria to ensure that sites are sustainably located in line with the strategy of the Local Plan. Where appropriate, sites will be identified on a Brownfield Land Register (Part 2) with permission in principle for residential development.

10.7 The Brownfield Land Register sets out the level of development appropriate on each site which ensures the best use of land is achieved through densities of development that reflect the existing character and scale of its location as well as accessibility to transport hubs. The Brownfield Land Register should be used as a guide to achieving suitable development densities on previously developed land that may come forward through the development management process.

10.8 Paragraph 89 of the NPPF sets out the exceptional circumstances within which development may be permitted on land in the Green Belt. Replacement buildings, extensions and alterations to buildings in the Green Belt are restricted in size and scale. Proposals for limited infilling or the partial or complete redevelopment of land in the Green Belt may be permitted where there would be no greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development.

DM 2 - Impact on residential amenity

Explanation

10.9 All development within the borough must safeguard the quality of life of its residents by ensuring that an acceptable level of residential amenity is provided for future occupiers of proposed development and retained for the occupiers of any existing neighbouring properties. When considering the impact of development proposals on the residential amenity of properties within and adjacent to the application site, regard must be had to any significant loss of light, overshadowing, reduction in outlook, overlooking, significant harm from excessive noise, light or odour in relation to habitable rooms or main outdoor private amenity spaces, the quantity and quality of outdoor private amenity space included to serve the needs of the development, and any other relevant factors which may result in reduced quality of life of residents in relation to residential amenity.

10.10 New development should be designed to have particular regard to the residential amenities achieved within habitable rooms and outdoor private amenity spaces of both the proposed development and existing neighbouring properties. Normally, there should be a minimum distance of 21 metres between facing windows of main habitable rooms and 13 metres between windows of main habitable rooms and blank walls, although, other considerations including separation distances in the immediate surroundings, and the orientation and heights of land and buildings will be taken into account.

10.11 Noise, odour or light pollution from development can have a negative impact on residential amenity. The careful location of windows and lighting can, however, make a positive contribution towards creating safe environments and reducing the fear of crime.

10.12 In granting a planning permission, the Council may impose conditions to control the impacts of development to protect residential amenities. Further guidance on the design solutions that can be used to comply with this policy may be included within relevant Supplementary Planning Documents for different types of development and locations.

DM 3 - Design, character and visual amenity

Explanation

10.13 The objectives of this policy can be achieved through careful design that considers the siting, scale, layout, density, design and landscape treatment of new development. Design solutions, where appropriate, should take opportunities to:

• maintain and enhance the architectural detailing and elevational treatment of main frontages and prominent elevations and align entrances to buildings with active frontages in the public realm;
• protect and provide unifying features of design such as gate piers, landscaping, walls, boundary fences and the nature, quality and type of materials;
• ensure that extensions to existing property will match or complement the design and materials of the existing buildings and avoid a terracing effect between separate buildings;
• reflect the traditional/historic physical and landscape characteristics of the area;
• take full account of any formally adopted area-specific design or density controls, master plans, character appraisals or area-specific management plans.

10.14 In meeting its duties under the Crime And Disorder Act, and as set out in the NPPF, the Council will aim to create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion, through the consideration of such matters as siting, layout and design, and any relevant national guidance.

10.15 New development should ensure that there is adequate external storage space for bins and recycling, as well as vehicles and cycles. Sufficient space should be included for the sorting and storage of recyclable waste materials in a convenient location, the composting of household waste (where practicable), and the collection of these and other waste materials and, in larger development schemes, for recycling on site (for more information see the Council's pre-planning guidance notes on waste and recycling storage and collection in new developments).

10.16 Access to convenient and secure cycle and other vehicle storage should be provided in line with Local Plan (Part Two) policy T 5. The size and shape of outside amenity space must be carefully considered, and it is recommended that rear gardens are at least equal to the ground floor footprint of a dwelling. Triangular shaped gardens are discouraged rarely offer a practical, usable space, and residents should be able to access their garden without having to walk through their home.

10.17 This policy will principally be delivered through the development management process, in association with Local Plan (Part Two) policy DM 4 and other relevant development plan policies. Further guidance on the measures that can be taken to comply with this policy are included within relevant Supplementary Planning Documents for different types of development and locations.

DM 4 - Sustainable construction

Explanation

10.18 Local Plan (Part One) policies STRAT 1 and ENV 6 require developments to mitigate and adapt to the effects of climate change; incorporate energy efficiency measures; provide for renewable energy generation; and meet applicable nationally described standards for design and construction. This policy aims to ensure that these sustainability principles are taken into account at all stages of development, including demolition of existing buildings, construction and long-term management, and are considered at the earliest possible stage in the design process.

10.19 This policy does not include specific requirements relating to energy performance in new buildings but seeks to secure sustainable design features to maximise resilience and adaptation to climate change. Sustainable design features include:

• sustainable sourcing of materials and their efficient and appropriate use, including their durability;
• taking account of the sun when designing site layouts and individual buildings, including natural ventilation;
• minimising waste and maximising recycling;
• incorporating Sustainable Drainage Systems (SuDS) wherever feasible;
• minimising water consumption;
• inclusion of features such as green roofs and walls;
• use of innovative approaches to low carbon construction processes (e.g. modular construction);
• minimising energy consumption and improving energy performance;
• minimising net greenhouse gas emissions of the proposed development;
• maximising on-site low or zero carbon energy generation.

10.20 The Government's National Housing Standards allow councils to apply either the basic Building Regulation water efficiency standard of 125 litres per person per day or a single optional higher national standard of 110 litres per person per day. The optional higher standard, although slightly less stringent, is close to the 105 litres per person per day recommended in the Council's Water Cycle Strategy (2010). This level of consumption can be achieved without the need for rainwater harvesting or greywater recycling systems and is not regarded as excessive or unachievable. This standard will be applied by planning condition as required by the National Housing Standards and will apply to all new dwellings.

10.21 The Council will encourage the provision of small-scale renewable energy developments utilising technology such as solar panels, biomass and wood-fuel heating, small-scale wind turbines and photovoltaic cells where these would not have any significant adverse impact. The development of small scale renewable energy schemes and micro-generation that provide power for specific development proposals rather than for commercial generation of electricity can also make a contribution and will be supported wherever appropriate.

10.22 Waste prevention lies at the top of the waste hierarchy with the principal objective being to minimise the amount of waste produced. Consideration should be given, through a waste audit, to the type and volume of waste that the development will generate; the steps to be taken to ensure that the maximum amount of waste arising from the site development process is incorporated within the new development; and the steps to be taken to reuse and recycle the waste that cannot be incorporated within the new development.

10.23 The Council has identified the potential for heat networks to be developed within the borough through the Low Carbon and Renewable Energy Study (2012) and subsequent energy masterplanning and feasibility studies. Major development proposals should be designed to either connect to an existing heat network, or to incorporate space to safeguard the future provision of pipework, energy hubs or other associated heat infrastructure to ensure that the subsequent connection to a future district heating network can be undertaken without causing disturbance to buildings or infrastructure. Currently areas within Ellesmere Port and Stanlow, where there are existing heat generators and energy users, have been identified for the potential to establish district heat network, but opportunities may arise in other parts of the borough in the future.

10.24 A CEMP will be required where it is considered that development will result in significant adverse environmental effects, as identified in an Environmental Statement. This will provide the framework for which commitments made in the Environmental Statement or any requirements of planning conditions or Section 106 legal agreements can be realised. The CEMP outlines the contractors approach to environmental management throughout the construction phases with the primary aim of reducing any adverse impacts from construction on local sensitive receivers, including noise and air quality. The CEMP should also take into account other considerations including registration with the Considerate Constructor Scheme and the Code of Practice for the Sustainable Use of Soils on Construction Sites.

10.25 Legislation, policy, guidance and technology is continually changing in this area. Therefore, to assist in the application of this policy, the Council may prepare technical guidance notes, checklists for planning applications or supplementary planning documents, relating to technological changes and advances in improving the performance of buildings and accommodating Central Government guidance notes and changes in legislation as they emerge.