11 Economic growth, enterprise and town centres

11 Economic growth, enterprise and town centres

11.1 This chapter of the Local Plan (Part Two) provides policies to support economic growth, enterprise and town centres in the borough. They provide a positive framework against which to assess planning applications, in the context of national planning policy and the overarching economic policies in the Local Plan (Part One); specifically ECON 1, ECON 2 and ECON 3.

11.2 The Local Plan provides a flexible supply of employment land allocations to meet a range of sizes and types of site across the borough including in the rural area. These sites are identified through the strategic policies of Local Plan (Part One) and specific employment land allocations for each of the spatial areas in the borough, within the Local Plan (Part Two). It is important to retain sufficient quantity and quality of employment sites and premises to cater for the varying needs of businesses. Policies also guide development in the rural area in relation to the development of new agricultural buildings, schemes for rural diversification and equestrian development.

11.3 The policies support the continued vitality and viability of the borough's city, town and local retail centres. It is recognised that economic vitality can be influenced by the quality of the shopping environment, including the design of advertisements, shopfronts, blinds and security shutters. The provision of visitor accommodation (new build, conversion or expansion) will be in line with the settlement hierarchy of Local Plan (Part One) policies STRAT 2 to STRAT 9 and ensure that the type and scale of accommodation is appropriate to it's location.

11.4 The Council will work with other stakeholders to ensure new development does not adversely impact on the efficient operation of areas around aerodromes, the Jodrell Bank telescope, Oulton Park race track and to ensure provision of new information communication networks (ICT).

11.5 The Council will support initiatives and accessibility to further/higher education facilities in the borough including the University of Chester, West Cheshire College and Mid Cheshire College improving skills and links to main employers. Development proposals are encouraged to include a local procurement and employment scheme that supports the use of local labour including apprenticeships and training opportunities where appropriate.

DM 5 - Protection and refurbishment of employment land and premises

Policy DM 5

Development proposals that would result in the loss of employment land or premises (use classes B1, B2, B8 or other similar employment uses) will only be supported where they meet the requirements of Local Plan (Part One) policy ECON 1 and the following criteria:

  1. the proposal would not limit the range, quality and quantity of employment land allocated to meet the strategic development requirements to 2030 set out in Local Plan (Part Two) policies CH 3, EP 2, N 4, W 2 and R 3;
  2. reasonable attempts must have been made (and evidenced) to continuously let or sell the premises for employment use for at least 12 months at a reasonable rate and there is no reasonable prospect of the site being re-used for employment uses;
  3. the proposed use is compatible with the location, neighbouring land uses, the character of the surrounding area and would contribute towards achieving a more sustainable pattern of development in line with Local Plan (Part One) policy STRAT 1;
  4. the development is necessary to secure additional employment development that would not otherwise be viable; and
  5. the development would meet relevant requirements of neighbourhood plan policies on the protection of employment land and local priorities.

Explanation

11.6 Local Plan (Part One) policy ECON 1 only allows the redevelopment of existing employment sites and premises for non-employment uses where the proposal is compatible with the remaining employment uses in the locality and where it would not limit the range, choice and quality of employment  sites available to meet future employment needs.

11.7 This policy adds further detail to Local Plan (Part One) policy ECON 1, particularly in relation to the level and type of evidence that is required to justify any loss of employment land where reasonable attempts must have been made to let or sell or premises for employment use at a reasonable rate (a minimum of 12 consecutive months of current marketing evidence will be required). Priority will be given to protecting employment land allocations that are made to meet the strategic development requirements of Local Plan (Part One), with regard to the Council's most recent Employment Land Study, Housing and Economic Land Availability Assessment or monitoring data.

11.8 The policy should be read alongside other relevant development plan policies, in particular where the development could give rise to specific impacts, such as biodiversity, noise, highways, hazardous risks.

11.9 In some instances, temporary permitted development rights will apply in respect of some changes of use, for example a B8 storage and distribution use under 500m2 to C3 residential use. This is subject to a number of criteria being met and subject to Prior Approval being sought from the Council. For a property to benefit from C3 use in this instance, the use must begin by 15 April 2018. Further temporary permitted changes of use apply to B1 offices to specific retail uses. Light industrial uses (B1c) to dwellinghouses are again subject to limitations and conditions including the prior approval of the Council in respect of certain matters, from 1 October 2017 to 1 October 2020.

DM 6 - New agricultural and forestry buildings

Policy DM 6

Proposals for the erection of agricultural and forestry buildings will be supported where they meet the requirements of Local Plan (Part One) policy STRAT 9 and the all of the following criteria:

  1. it is demonstrated that there is an operational need for the development in connection with the agricultural or forestry enterprise;
  2. the  proposal is satisfactorily sited in relation to any existing buildings in order to minimise its impact on the landscape;
  3. it is appropriate in scale, design, materials and landscaping so not to harm the character of the countryside or the amenity of nearby residents, having regard to the needs of the business;
  4. adequate provision is made for the disposal of foul and surface water drainage and animal wastes without risk to watercourses;
  5. adequate provision is made for access and movement of machinery and livestock to avert the intensification or creation of a traffic safety hazard;
  6. it minimises and mitigates impact on biodiversity and geodiversity.

Explanation

11.10 Local Plan (Part One) policy STRAT 9 allows development that has an operational need for a countryside location, such as for agricultural or forestry operations, providing it is of an appropriate scale and design to not harm the character of the countryside. The erection of new farm buildings can have a major impact in the countryside but that impact will be particularly pronounced in prominent locations. Where there is need for new farm buildings and these require planning permission or prior notification, the Council will seek to ensure that their impact on the environment and highways is minimised, whilst having regard to modern business needs.

11.11 To ensure that agriculture can continue its essential role as an important and developing industry but with appropriate environmental safeguards to protect the appearance of the countryside and prevent significant harmful impact upon residents’ living conditions by reason of noise, loss of light or any other relevant factor which results in a significant reduction in the residents’ quality of life. Further detail relating to consideration of other impacts, such as amenity impacts, biodiversity, noise, highways etc are covered by other policies in the development plan. Consideration of nature conservation interest will take place in line with Local Plan (Part Two) policy DM 44 and where there is unavoidable loss or damage, mitigation and compensation may be required. There should be no adverse effect statutorily designated sites of nature conservation value, a project-level Habitats Regulation Assessment (HRA) may be required on a case by case basis.

11.12 The General Permitted Development Order (GPDO) allows for certain types of agricultural or forestry development to take place without the need for planning permission, subject to prior approval being sought from the Council. Where planning permission is required for new agricultural buildings, the Council will consider the need to withdraw permitted development rights to address a specific issue such as the conversion of of the building to another use.

DM 7 - Rural diversification of land based businesses

Policy DM 7

Proposals for the diversification of agricultural and other land based rural businesses will be supported where they meet the requirements of Local Plan (Part One) policy STRAT 9 and all of the following relevant criteria:

  1. development proposals must be ancillary and related to the primary rural business;
  2. the development must be necessary to support the continued viability of the land based business;
  3. proposals utilise existing buildings where possible. Where it is demonstrated that no suitable buildings are available, any proposals for new buildings shall be subject to Local Plan (Part One) policy STRAT 9;
  4. development proposals must minimise and mitigate any impacts on the character, amenity, visual appearance and landscape quality of the area, or on any wildlife habitats, the significance of historic assets, and where possible lead to environmental improvements in line with other relevant development plan policies;
  5. the transport generated can be satisfactorily accommodated on the highways network and the development provides suitable vehicular access and parking arrangements. A transport assessment will be required in sensitive locations;
  6. the cumulative effects of individual development proposals are considered.

In addition to the above, any proposals for retail sales must be limited in scale and be in line with Local Plan (Part One) policy ECON 2. New or extensions to existing farm shops will be permitted where:

  1. the range of goods to be sold is restricted to those in connection with the land-based business such as foodstuffs, plants and rural craft products; and
  2. the proposal would not undermine the vitality and viability of local shops or retail centres.

Where appropriate, conditions will be attached to planning permissions to control the future expansion or nature of the enterprise.

Explanation

11.13 Local Plan (Part One) policy ECON 3 supports rural diversification that is of an appropriate scale and type in rural areas, and would support the continued viability of rural businesses. Diversification schemes for land based rural businesses (agricultural, forestry and horticulture with an emphasis on food production) will be permitted, subject to meeting the requirements of Local Plan (Part One) policy STRAT 9. To demonstrate financial viability farm, estate, woodland or business plans  will be necessary to outline the business profile, present and proposed activities, and its environmental and amenity effects, proportionate to the scale of the proposal.

11.14 The General Permitted Development Order (GPDO), as amended, allows for some changes of use of agricultural buildings subject to certain limitations and a prior approval process. The Council would require clear evidence that changes of use proposed in agricultural buildings less than four years old and erected under permitted development rights, were genuinely used for agricultural purposes.

11.15 Agricultural diversification offers the potential for the re-use of rural buildings for an economic purpose, in line with Local Plan (Part One) policy STRAT 9 and encourages the reuse of existing resources where possible. The Council wishes to encourage well conceived schemes for diversification, where this can support a rural enterprise and is in line with other relevant development plan policies. Proposals that involve retailing should take account of Local Plan (Part One) policy ECON 2. The Council will also have regard to whether the proposal would be likely to generate a requirement for further associated development and to the impact upon nearby local services and the nature of employment opportunities created.

11.16 Farm shops can serve an important role within a rural area and help meet demand for fresh produce and support local jobs and services. Where necessary, the Council will consider the use of conditions to limit the type/nature of goods sold to those that require a countryside location, or are linked to the primary business, to control future expansion, or where the cumulative impacts could give rise to harmful effects.

11.17 Proposals for residential or visitor accommodation in connection with development for the diversification of an agricultural or other land based rural business development will be considered in accordance with other relevant development plan policies, including Local Plan (Part Two) policies DM 9 and DM 25.

DM 8 - Equestrian development

Policy DM 8

Proposals for equestrian development will be supported where they meet the requirements of Local Plan (Part One) policy STRAT 9 and other relevant development plan policies, and where all of the following criteria can be met:

  1. the proposal is not, either by itself or cumulatively, detrimental to the character of the rural landscape. Consideration must be given to existing landscape patterns; the scale, design and siting of the proposal, including: construction materials, boundary treatment, siting of areas of hard standing, new or extended access routes, and other infrastructure related to the equestrian development;
  2. outdoor lighting /floodlighting is designed to avoid a detrimental impact on visual or residential amenity, wildlife or highway safety and allows safe operation of activities on site;
  3. the proposal is not significantly detrimental to the amenity of, nor causes nuisance (such as odours) to neighbouring uses;
  4. the proposal avoids, as far as possible, any detrimental impact on the surrounding biodiversity and wildlife habitats, including hedgerows and trees;
  5. the proposal avoids, as far as possible, flood risk areas and mitigates against flooding where appropriate. Adequate provision is made for the disposal of foul and surface water drainage and animal wastes without risk to watercourses;
  6. the proposal is accompanied by a waste management scheme;
  7. the proposal should, wherever possible, utilise existing rural buildings and infrastructure. Any additional buildings should be essential to the operational need of the facility, and wherever possible, be sited close to existing buildings and should be of appropriate design and materials to minimise visual impact;
  8. the proposal does not create an unacceptable impact on the highway network, including adverse impacts on existing bridleways and rights of way; and there should be a satisfactory means of vehicular access and parking arrangements (including the provision of areas for loading/unloading of horses).

Proposals for the development of new visitor accommodation or new housingin connection with equestrian facilities will be considered in accordance with policies DM 9, DM 10, and DM 19, and other relevant development plan policies.

Explanation

11.18 The Council recognises the role that the countryside can play in providing opportunities for riding and keeping horses. However, controls are required to prevent harm to the character of the rural area through subdivision of fields and the proliferation of isolated buildings and ancillary features. Local Plan (Part One) policy STRAT 9 allows development that has an operational need for a countryside location, providing it is of an appropriate scale and design so as not to harm the character of the countryside. Within the Green Belt, development for outdoor sport and recreation will be allowed, provided the openness and the purposes for including land in the Green Belt is preserved. Local Plan (Part One) policy ENV 2 states that in terms of the borough’s landscape, development should take full account of the characteristics of the development site, its relationship with surroundings and where appropriate, views into, over and out of the site.

11.19 Grazing vs keeping - Under UK legislation, a horse is an agricultural animal if it is used to farm agricultural land or farmed for meat or hides. The term ‘agricultural use’ includes the breeding and keeping of livestock and the use of land for grazing. If horses are kept on the land for the primary purpose of grazing and, for example are not fed any supplementary feeds, or are kept for the sole purpose of breeding, this will fall under the ambit of ‘agricultural use’. However, if horses are kept in a field but the primary purpose is not for grazing, because for example they are fed supplementary feeds as they are for recreational use, this constitutes a material change in the use of the land, which requires planning permission.

11.20 Applications should indicate the location of all elements associated with the proposed equine development, e.g. grazing land, gallops and manège. In the case of larger scale equine developments, an assessment of the effects of the proposal on erosion, on the vegetation on land to be used and on rights of way, may be required to be submitted with the application. Consideration of nature conservation interest will take place in line with Local Plan (Part Two) policy DM 44 and where there is unavoidable loss or damage, mitigation and compensation may be required.

11.21 In order to protect the openness of the Green Belt and the character of the countryside, the use of existing buildings is preferred to the erection of new structures for equestrian purposes. Where this is not possible, the scale, siting and finish should be chosen to minimise visual impact, avoid prominent and isolated development and not be detrimental to the rural character of the countryside. When assessing a proposal, the Council will take account of the density of existing similar developments in the vicinity and the cumulative impact of existing and proposed development on the landscape character of the countryside and the visual amenity and openness of the Green Belt.

11.22 Waste management schemes should include, but not be limited to, horse manure and solid waste (contaminated bedding, empty pesticide and other chemical containers, clinical waste, etc.).

11.23 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 surrounding land if they overgraze it. Any development for equestrian purposes will need to comply with the British Horse Society guidelines for the keeping of horses: stable size, pasture acreage and fencing. Any fencing should have consideration for the rural character and not be detrimental to its rural setting.

11.24 The development of residential or visitor accommodation in connection with equestrian development will be considered in accordance with other relevant development plan policies, including Local Plan (Part Two) policies DM 9 and DM 25.

DM 9 - Visitor accommodation

Policy DM 9

Proposals for the development of visitor accommodation will be supported where they meet the requirements of Local Plan (Part One) policy ECON 3 and the following relevant principles:

  1. within the settlement areas of Chester, Ellesmere Port, Northwich and Winsford, new hotels, guest houses, holiday lets and bed and breakfast visitor accommodation will be supported and preference will be given to city and town centre locations;
  2. in key service centres and local service centres proposals for hotels, guest houses, holiday lets, bed and breakfast or other appropriate forms of visitor accommodation should be of an appropriate scale, siting, design and materials appropriate to the size of the settlement;
  3. in the countryside, proposals for all types of visitor accommodation should meet the requirements of Local Plan (Part One) policy STRAT 9 and utilise existing buildings. Proposals for agricultural diversification will be supported, in line with Local Plan (Part One) policy ECON 3 and Local Plan (Part Two) policy DM 7.

Proposals for new build hotels and guest houses outside the boundaries of defined settlements of Chester, Ellesmere Port, Northwich, Winsford, the key service centres or local service centres will not be permitted.

Green Belt
In addition, in line with Local Plan (Part One) policy STRAT 9, proposals for the development of land in the Green Belt must accord with Green Belt policy as set out in the National Planning Policy Framework (NPPF).

Explanation

11.25 The Local Plan (Part One) policy ECON 3 supports existing and new tourism facilities including visitor accommodation, subject to certain criteria. This policy provides further detail, particularly where visitor accommodation will be appropriate. The policy aims to ensure that visitor accommodation is located in the most sustainable locations that have access to services and facilities and are accessible by a range of transport modes. The scale and type of proposal should be compatible with it’s location, in line with the overall the strategy of the plan.

11.26 The policy applies to all development proposals for visitor accommodation including new build, extension, conversion or the material change of use of land. Visitor accommodation includes, but is not restricted to; hotels, guest houses, bed and breakfast accommodation, touring and camping sites, static caravans, chalets (including other forms of static accommodation such as Pods, Yurts and Tepees).

11.27  Culture and tourism developments, including hotels and conference facilities, are a main town centre use and the Council will apply a town centre first approach to these uses in line with Local Plan (Part One) policy ECON 2 and the town centre hierarchy and Local Plan (Part Two) policy 
DM 14. This policy should be read alongside the area-specific policies of Local Plan (Part Two).

11.28 The borough's historic towns and rural settlements attract a wide range of visitors and Local Plan (Part One) policy ECON 3 allows for smaller scale tourism developments in key service centres, local service centres or the countryside where they are a suitable scale, type and protect the character of the countryside. The policy considers the type of visitor accommodation that may be suitable in these smaller settlements, to ensure new development is compatible with the size and character of the settlement and other development plan policies. Development proposals for heritage related tourism would also need to protect and enhance the historic character of the areas and are compatible with their existing cultural activities. Additional guidance relating to consideration of other impacts, such as on heritage, biodiversity, noise, highways etc are covered by other policies in the development plan.

11.29 The policy allows for visitor accommodation in the countryside where it is suitably located and compatible with Local Plan (Part One) policies ECON 3 and STRAT 9. Where there is an unmet need for caravan and camping sites in line with Local Plan (Part One) policy ECON 3, proposals that are suitably located should additionally meet the relevant requirements in Local Plan (Part Two) policy DM 10.

11.30 Local Plan (Part One) policy ECON 3 notes that additional controls will apply in the Green Belt in line with Local Plan (Part One) policy STRAT 9 and paragraph 6.28 which states that camping and caravan sites are considered as tourism development not outdoor recreation.

DM 10 - Caravan and camping sites

Policy DM 10

Proposals for caravan and camping sites for tourism use will only be supported where they are in line with Local Plan (Part One) policies ECON 3 and STRAT 9 and Local Plan (Part Two) policy DM 9, and meet all of the following relevant  criteria;

  1. there is good accessibility via major roads and public transport;
  2. it is not visually intrusive or unacceptably harm the landscape;
  3. the layout is designed to incorporate existing landscape features and provide open areas, screening and landscape buffers;
  4. any permanent ancillary buildings are of a small scale and should blend into the surrounding landscape in terms of their siting, design and the materials used;
  5. the site should not detract from the amenities of the surrounding area or any nearby residential property;
  6. the site is capable of being connected to existing utility services; and
  7. the site is capable of providing appropriate facilities for users of the site.

Green Belt
In addition, in line with Local Plan (Part One) policy STRAT 9, proposals for the development of land in the Green Belt must accord with Green Belt policy as set out in the National Planning Policy Framework (NPPF).

Explanation

11.31 Local Plan (Part One) policy ECON 3 states that proposals for touring recreational caravan and camping sites in the countryside should be small in scale to limit impact on landscape and utilise or be well related to existing rural buildings, subject to Local Plan (Part One) policy STRAT 9, Local Plan (Part Two) policy DM 9 on visitor accommodation and other relevant development plan policies. The policy includes, but is not restricted to, touring caravan and camping sites, static caravans, chalets (or other forms of static accommodation such as pods, yurts and tepees) for tourism use. This is to ensure that new visitor accommodation is provided in the most sustainable locations where they are accessible by sustainable modes of transport and have access to services and facilities. Camping and caravan sites are considered as tourism development not outdoor recreation in line with Local Plan (Part One) policy ECON 3. Therefore proposals in the Green Belt will have to meet the requirements of Local Plan (Part One) policy STRAT 9.

11.32 Static caravans and chalet developments have the potential for significant harm to the landscape as they are permanent structures, unlike camping (tents) and touring caravans. A considerable number of static recreational caravan sites already exist within the borough; it is not considered necessary to develop further sites or to extend the period of occupation of current sites. Proposals for new static caravan or chalet developments, the extension of existing sites or the increase in density of sites will not be supported unless there is evidence of unmet need in line with Local Plan (Part One) ECON 3.

11.33 This policy provides criteria to ensure that sites are suitably located in the borough with regard to main transport routes to limit the number of cars with caravans that travel on the minor rural roads, in the interests of highway safety and to minimise the need to travel whilst the site is in use.

11.34 Local Plan (Part One) policy ENV 2 requires that development proposals should protect and where possible enhance landscape character and local distinctiveness. Where development proposals are suitably located, additional criteria is provided in this policy to ensure that the landscape characteristics are recognised and incorporated into the design of new developments. Appropriate facilities can be defined as a utility block (toilets, showers and drinking water supply). These facilities and ancillary buildings should be of a scale appropriate to the level of camping and caravanning provided on the site.

11.35 In addition to obtaining planning permission new caravan sites must be licensed under Part 1 of the Caravan Sites and Development Act 1960. Additional restrictions or conditions may be placed on the caravan site under the licence and periods of occupancy may be restricted.

DM 11 - Safeguarded areas around aerodromes

Policy DM 11

Within the safeguarded areas, as identified on the policies map, new development which does not adversely affect the operational integrity or safety of an airport or aircraft operations, radar and navigation systems will be supported. In considering proposals for development within a safeguarded area the Council will have particular regard to:

  1. the height and design of the development; and
  2. the likelihood of it creating a birdstrike risk; and
  3. the likely impact on navigational aids, radio waves, radar and telecommunications systems for the purposes of air traffic control and aircraft movements.

Explanation

11.36 The Civil Aviation Authority has identified officially safeguarded areas around Liverpool John Lennon and Manchester Airports which cover the north and east of the borough and Hawarden Airport, which affects the western part of the development plan area. The Council is therefore bound in statute (in accordance with guidance set out in Dft/ ODPM Circular 1/2003) to consult the relevant Aerodrome Safeguarding Authority on planning applications within the safeguarded areas that could potentially affect the safety of the aircraft operation or prejudice the airport's future development. The borough also has a number of civil en-route technical sites and NATS En-Route (NERL) will be consulted on relevant applications.

11.37 The types of development that will be subject to consultation are:

  • all development that exceeds certain height limits in different areas of the borough (that are indicated on the safeguarding map of each airport);
  • any proposal within 13 km of the aerodrome that is likely to attract birds. Such proposals will include waste disposal and management facilities; the creation or modification of water bodies such as ponds, lakes, reservoirs, wetlands and marshes; nature reserves; solar farms and bird sanctuaries; significant areas of landscaping; sewage disposal and treatment works; mineral extraction and quarrying (specifically the associated restoration schemes);
  • any proposal for other aviation uses with 13 km of the aerodrome;
  • all wind turbine developments within 30 km of the aerodrome.

11.38 The boundaries of the aerodromes’ safeguarded areas are identified on the policies map, however, applicants should consult the Council about the current extent of the safeguarded areas because they are reviewed and amended from time to time by the individual Aerodrome Safeguarding Authority.

DM 12 - Jodrell Bank

Policy DM 12

Within the Jodrell Bank Radio Telescope Consultation Zone, as identified on the policies map, development that would not impair the efficiency of the Jodrell Bank Radio Telescope will be supported, subject to relevant development plan policies.

Explanation

11.39 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.

11.40 The Town and Country (Jodrell Bank Radio Telescope) Direction 1973 requires the Council to consult with the University of Manchester before granting planning permission on any application for development (subject to the exceptions specified in the schedule).

DM 13 - Oulton Park

Policy DM 13

Oulton Park racing venue is identified on the policies map and proposals for motor sport related development will be supported subject to meeting all of the following relevant criteria:

  1. new development is ancillary to the use of the site for motor sport purposes;
  2. where development could lead to an increase in the level or duration of noise, conditions will be attached to a planning permission, limiting hours of use;
  3. development must not lead to unacceptable increases in traffic congestion and promote sustainable forms of transport to and from the site;
  4. where appropriate, impacts on air quality must be assessed and adequately mitigated;
  5. proposals must retain existing trees on the site, respect landscape character and include a landscaping strategy;
  6. proposals must protect and enhance biodiversity;
  7. new built development must be sited either near to existing buildings on the site or in locations where its impact on biodiversity and residential amenity would be reduced.

Explanation

11.41 Oulton Park motor racing circuit is an important national leisure and tourist attraction which has existed for over 50 years. It is unique to the area, and is the only Motor Sports Association (MSA) licensed motor racing facility in the borough. It is important that the site is reserved for motor racing related uses, and that any new built development in the countryside is necessary to the efficient operation of the racetrack.

11.42 Local Plan (Part One) policy ECON 3 recognises that there are major sporting and leisure events in the borough that attract a wide range of visitors, including Oulton Park. The site makes an important contribution to the rural economy and the policy supports motor sport development at this site. However, the site is in a countryside location and as such, development should not harm the surrounding area and comply with Local Plan (Part One) STRAT 9.

11.43 The policy protects the environmental character of the area and the amenities of nearby residents, in particular the village of Little Budworth. Due to the use of the site, there will be a relatively high production of vehicle emissions and opportunities to reduce overall emissions from the site will be encouraged, this could include promotion of sustainable forms of transport to and from the site. There are a number of local wildlife sites that are in close proximity to the site and impacts of the development on the ecological network should be considered in line with Local Plan (Part Two) policy DM 44.

DM 14 - City and town centres

Policy DM 14

In line with Local Plan (Part One) policy ECON 2, main town centre uses will be supported within the city and town centre boundaries, as identified on the policies map. A1 retail uses will be supported within the primary shopping area, the allocated Northgate site area or Weaver Square Development Area, as identified on the policies map.

The loss of an A1 retail use within the identified primary shopping frontages in Chester and Northwich will normally be resisted, unless the unit has been vacant, adequately marketed and meets criteria one to four below.

Within secondary shopping frontages in Chester and Northwich or the primary shopping area in the other town centres, the loss of A1 retail uses to A2, A3, A4, A5 or D2 uses will only be supported where the overall vitality and viability is not undermined, they complement the existing retail offer and all of the following criteria are satisfied:

  1. a shop window and active frontage is retained;
  2. the centre's pedestrian footfall, vitality and viability is maintained and enhanced;
  3. the proposal positively contributes to the centre's historic cultural identity and accords with Local Plan (Part One) policies ENV 5 and ENV 6;
  4. ground floor residential use is not included as part of the development

Proposals for alfresco dining / outdoor seating will be supported where this would be located directly in front of a café, restaurant or drinking establishment, not harm the safety of users of a highway, including pedestrians, the vitality and viability of the centre and the character of the centre. Promotion of the evening economy, especially cultural, civic and family activities in the city or town centre will be supported.

Residential development in the city or town centres will be supported, including specialised accommodation, where this meets balanced and mixed communities, subject to criteria one to four above, other relevant development plan policies, and would not prejudice the current or future functions of the town centre.

Chester
Within the historic Rows, as identified on the policies map, new development must encourage footfall and provide interest through active frontages, with the retention of historic frontages as a priority. The provision of A1, A3 and A4 uses will be supported and the loss of these uses resisted. Other uses that contribute to the visitor economy will be supported.

Residential, office and other main town centre use development on upper floors of the Rows will be supported, providing there is no harm to the character of the historic buildings. Where a proposed use occupies both ground floor and Row level, access and an active frontage must be included at both ground floor and Row level to promote footfall on each level.

Boughton is defined as a district centre in Local Plan (Part Two) policy DM 15, and proposals for development of town centre uses in this centre must not undermine the vitality and viability of the city centre.

Northwich
The Weaver Square Development Area is allocated as a redevelopment area and proposed new uses and other development proposals must be in line with the Local Plan (Part Two) policy
N 2.

Explanation

11.44 The Local Plan (Part One) policy ECON 2 establishes the retail hierarchy for the borough. Chester and Northwich are defined as a sub-regional centre and strategic centre retrospectively and as such, both of these centres have primary and secondary shopping frontages identified on the policies map. Town centres are identified as Ellesmere Port, Winsford, Frodsham and Neston. All centres have a primary shopping area and city/town centre boundary identified on the policies map. Retail development outside of the primary shopping area, and main town centre uses outside the city/town centre boundary, will need to satisfy the sequential and impact test set out in Local Plan (Part One) policy ECON 2.

11.45 The primary shopping frontage is considered the retail core and the loss of shops in this location should be avoided. It is accepted that where a unit has been vacant long term, this can harm the health of the centre and impact its vitality and viability. On primary shopping frontages the Council will require evidence of reasonable continuous marketing for a period of at least 12 consecutive months immediately in advance of a planning application under current market conditions, after which other appropriate uses could be considered. This includes complementary uses that would aid footfall in the retail core, such as A3 or A4 uses. Secondary shopping frontages have an overall shopping function; however, contain a diverse range of uses that complement the retail core.

11.46 Primary shopping areas are a concentration of retail development within the town centre. The policy maintains these areas by supporting a range of uses whilst protecting the overall retail function. It is recognised that nationally the retail environment is changing, with an increase of shopping taking place on line, an increase of leisure activities and a rationalisation of high street shops by national retailers. However, it is important to retain the overall retail function of the town centres and allow more flexibility within the wider town centre boundary, by allowing a diverse range of main town centre uses to enhance the overall attractiveness of the centre.

11.47 Winsford and Neston both have a made neighbourhood plan. Northwich Neighbourhood Plan has completed its Regulation 14 stage and Frodsham Neighbourhood Plan has an area designated. Winsford and Neston Neighbourhood Plans have identified sites within their town centres that are suitable for town centre development, these have also been identified in the Cheshire Retail Study (2016).

11.48 The Cheshire Retail Study (2016) identifies that there is no quantitative need for additional food retail in Chester and that non-food requirements will be met through the Northgate allocation as identified in Local Plan (Part One) policy ECON 2. The proposals in the city centre, through new retail and leisure provision, should help ensure the city remains competitive as a sub-regional destination and the provision of a new theatre and cinema will improve the city’s cultural offer. The city’s market will be incorporated into the Northgate scheme and this important local facility will be safeguarded and enhanced. It is important that the delivery of the Northgate scheme is not undermined by out of centre developments. The Cheshire Retail Study (2016) identifies that out of centre competition has undermined the vitality and viability of the city centre through diminishing the centre's market share. The Local Plan (Part One) policy STRAT 3 recognises the importance of Chester, both nationally and internationally and requires development within or edge of the city centre to be compatible with the character and setting of the city.

11.49 The Northgate development has been granted planning permission in September 2016 (see the Council's planning applications search for full details, ref: 16/02282/OUT). Once complete, the development will be considered part of the primary shopping area. It is acknowledged that as the scheme is established, the retail core is likely to focus on the Northgate development. Primary frontages on the periphery, such as Foregate Street, Frodsham Street and Grosvenor Shopping Centre, could change roles; therefore greater flexibility can be given to these areas when the implications of Northgate start to take effect. Watergate Street, has a mixed nature with leisure uses starting to outnumber retail uses. However, Northgate will be located north of this location. With an effective connection to Watergate Street this will anchor retail uses at this location. Watergate Street is an important street in the central retail core and is therefore protected as a primary shopping frontage.

11.50 Development in the city and town centres should contribute to creating a sense of place that is locally distinctive and meet the criteria in the Local Plan (Part One) policies ENV 5 and ENV 6. Alfresco dining and outdoor seating can improve the vitality and viability of centres and support the evening economy. The historic environment, highways, design and quality and residential amenity are all considerations for alfresco dining in line with other relevant development plan policies. The Council will support proposals that satisfy the criteria and will look to review the Chester city supplementary planning document relating to alfresco dining.

11.51 A strong evening economy can ensure that the centre is busier for longer periods of day, creating a safe and attractive environment that supports the local economy. To complement traditional evening uses, such as bars, pubs and restaurants, other uses such as cultural, civic and family activities can allow an evening economy that accommodates all ages that does not focus on food and drink.

11.52 The Rows are a unique and distinctive element to Chester’s retail and tourism experience. It is vitally important they retain continuous active frontages that provide both residents and visitors with a reason to visit the Rows, which will help protect their character, as recommended in the Draft Rows Conservation Management Plan. Residential development can contribute to the vitality and viability of the town centre as well as providing additional homes in a sustainable location. Promotion of a diverse range of town centre uses will make the borough’s towns more attractive and residential development should not prejudice the overall function of the town centre now or in the future. Residential development on the upper Rows will be encouraged, in line with Local Plan (Part One) policy ENV 5 that increases footfall and interest to The Rows.

DM 15 - District and local retail centres

Policy DM 15

Within district and local retail centres, as identified on the policies map, proposals for A1, A2, A3, A4, A5 and D2 uses will be supported where the relevant criteria are met:

  1. it would not lead to a loss of A1 retail use which would harm the vitality and viability of the centre;
  2. there would not be an excessive concentration of non-A1 retail uses in any shop frontage undermining the retail function of the centre;
  3. development is consistent with the scale and function of the retail centre and is not of a type or scale that should be located in a town centre identified in Local Plan (Part One) policy ECON 2.

The loss of A1, A2, A3, A4, A5 and D2 to other uses will only be supported where the above criteria are met, it does not harm the vitality and viability of the centre and has been adequately marketed or where the proposal is for a community facility.

Parades of shops that have not been identified as retail centres will be protected in line with Local Plan (Part Two) policy DM 39.

Explanation

11.53 The defined local retail centres have been identified through the Local Retail Study (2015) and the boundaries are shown on the policies map. There is one district centre, Boughton in Chester. The local retail centres in the borough are set out in Table 11.1.

Table 11.1 Local retail centres
Spatial area Local retail centres
Chester Bache, Brook Street, Christleton Road, Faulkner Street, Garden Lane, Green Lane, Handbridge, Kingsway, Long Lane, Saltney (Chester Street), The Parade, Westminster Park and Weston Grove
Northwich Castle Street, Davenham, Hartford, Kingsmead and Weaverham
Ellesmere Port Hope Farm, Gleneagles Road, Great Sutton, Little Sutton, Overpool, Thelwall Road, Westminster, Whitby and Wolverham
Winsford Delamere Street and High Street 
Rural Cuddington, Farndon, Helsby, Kelsall, Malpas, Sandiway, Tarporley, Tarvin, Tattenhall and Town Lane

11.54 The Local Plan (Part One) policy ECON 2 sets out the approach to local centres, ensuring local shops should be retained where viable and new uses that support the day to day needs of the community will be permitted. The Local Plan (Part One) supports a vibrant, competitive and diverse local economy and creates a stronger, safer and healthier communities by enabling access to leisure, recreational and community facilities. Development in district and local retail centres must comply with Local Plan (Part One) policies ENV 5 and ENV 6.

11.55  The centres have been identified due to their role and function within the community and borough. They offer convenience and are important for the day to day needs of the local catchment they serve, reducing the need to travel. Retention of town centre uses including retail will be encouraged to ensure the centres continue to be diverse and successful.

11.56 Proposals that include the loss of a town centre use will need to demonstrate that there will be no impact on the vitality and viability of the existing centre. Where there is an application for loss of retail, an active frontage should be retained to minimise the impact of the loss of a retail unit in a cluster.

11.57 District and local retail centres have a unique identity and offer a range of shops and services in various sizes across the borough. Applications for new retail should reflect the individual character of the centre including size and massing and should not detract from the existing centre.

11.58 Excessive concentration of non A1 retail uses will change the overall retail function of the centre, reducing the ability to meet the everyday needs of the communities they serve. This can vary between centres, depending on the size and role. It would be expected to retain the overall retail function of a centre, over half the units should be retail in nature and there is not a concentrated area that is non A1 retail uses, which will reduce the size and role of the retail centre. In local retail centres the Council will require evidence of reasonable continuous marketing for a period of at least 12 consecutive months immediately in advance of a planning application under current market conditions, after which other appropriate uses could be considered.

11.59 Outdoor seating can enhance a centres vitality and viability as well as contributing to a evening economy. However, local and district centres are more likely to be within residential areas and the impacts on residential amenity need to be considered. Not all locations will be appropriate for outdoor seating, considerations will also need to be given to highway impacts. The Council will support proposals that satisfy the criteria and will look to review the Chester city supplementary planning document relating to alfresco dining.

11.60 In addition to the above designated centres, neighbourhood plans may also designate their own centres that are important for their community. Neighbourhood plans can promote more development than that set out in the Local Plan. Local retail policies maybe updated and amended in future neighbourhood plans.

DM 16 - Shopfronts

Policy DM 16

Proposals for new shopfronts or alterations to existing façades of shops or commercial premises, including proposals for blinds, canopies or awnings, will be supported subject to meeting the requirements of other relevant development plan policies and where relevant:

  1. the design, materials, proportions and colour would not be detrimental to the character of the building as an entity and the character of the locality;
  2. proposals that reflect the traditional character of shopfronts or commercial frontages, must include historically accurate detailing;
  3. any existing features of historic or architectural interest will be retained;
  4. accord with the historic environment policies of the plan (DM 46-50), where relevant.

Proposals for shutters and other security measures will only be supported where a need can be demonstrated and the design does not introduce obtrusive features, fixtures or fittings or harm the character or appearance of the building or the character of the area. Externally located grilles or security shutters will not normally be acceptable on traditional and historic shopfronts, or in conservation areas.

Explanation

11.61 Local Plan (Part One) policies ENV 5 and ENV 6 seek to protect the borough's unique and significant heritage assets and promote high quality design that respects local character, provide a high quality public realm and ensure safe and secure environments and means of access.

11.62 The design of shopfronts, blinds, canopies, awnings and security shutters can have a great impact on the character or appearance of an individual building or surrounding area and can detract from it if not carefully considered. This policy therefore provides a careful balance between the requirements of businesses and the protection of local amenity.

11.63 In considering proposals for the alteration to shopfronts, the Council will take into account whether the building involved is in a conservation area, whether it is a listed building, and whether it has a traditional facade, where a 'shop window' would be inappropriate. Development must ensure that shopfront design and materials are of a high standard and respect the character of the building concerned, the character and visual amenity of the surrounding area and to ensure that important existing historical and/or architectural features are retained.

11.64 The Chester city conservation area and in particular The Rows are considered to be of international importance and the Council will pay particular regard to preserving and enhancing the character and appearance of that unique environment. Proposals for shopfront alterations to meet the requirements of the Disability Discrimination Act 2005 (DDA), which affect a listed building or a conservation area, will be balanced against the requirements of other policies in the development plan.

11.65 Solid metal shutters and external shutters present a bleak and blank appearance to an area when closed, have no architectural merit, and discourage life and activity which help to prevent vandalism and burglaries. Other security measures which do not require obtrusive features on the exterior of buildings are encouraged, such as toughened glass and alarm systems. Proposals for the installation of solid metal shutters, metal shutter boxes, external grilles or other obtrusive features is unlikely to be acceptable in conservation areas or on listed buildings.

DM 17 - Advertisements

Policy DM 17

Applications for advertisement consent will be supported provided there is no unacceptable harm to amenity and public safety. In the interest of amenity and public safety, the size, position, materials, colour scheme and means of illumination of advertisements must be designed to respect the general characteristics of the locality and the architectural character of the building on which they are to be displayed. Advertisements on buildings should be proportionate to the scale of the building and should not obscure architectural features.

Illuminated advertisements will be supported in settlements where illuminated advertisements are a feature of the locality and the use of the premises is such that it is expected to operate outside of daylight hours throughout the year. Illumination will normally be restricted to the opening hours of the premises. 

Advertisements that satisfy the above criteria and are located below the first-floor level of a business premises frontage containing the main access or shopfront will be supported. The use of land or buildings for the display of advertisements unrelated to the premises on which they are to be displayed, and advertisements that are located some distance from the business being advertised, or are temporary advertisements, will not normally be supported unless it can be demonstrated that it would result in an enhancement to amenity or public safety.

In assessing impacts on amenity and public safety regard will be had to the cumulative impact of advertisements.

Explanation

11.66 The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 apply to applications for advertisement consent. The Regulations state that the Council should exercise its powers in the interest of amenity and public safety. Factors relevant to public safety are specified in Regulation 3 and the policy sets out the criteria that will be used in assessing amenity. Local Plan (Part One) policy ENV 6 requires new development to respect local character, provide a high quality public realm, be sympathetic to heritage and landscape assets and make the best use of high quality materials.

11.67 To encourage appropriate displays, the Council will seek to ensure that advertisements are of an appropriate scale and size, well designed and are sympathetic to both the building on which they are to be displayed and the general characteristics of the locality. Standardised or corporate displays that have no regard to the character of the building on which they are to be displayed or the general characteristics of the locality will be unlikely to be acceptable. The Council may require firms to adapt their corporate design and image to a particular location. Inappropriate proposals that would have a detrimental cumulative impact will not be allowed.

11.68 Applications for advertisement consent should provide a sufficient level of information to allow the Council to reach an informed decision about the likely impacts of the proposal. Proposals for development which incorporate advertising should clearly show the likely impact of associated advertising at an early stage, preferably as part of an initial planning application.

11.69 Illuminated and/or, full-motion advertising displays or messages (or those which give the impression of continuous movement) will be given very careful consideration to ensure that they do not harm amenity or public safety. Intermittent (flashing) illumination is unlikely to be acceptable in the interests of amenity and public safety.

11.70 The illumination of advertisements should be confined to premises which routinely carry out a significant proportion of their business at night, and must be discrete. Regard will be had to the adequacy of existing street lighting and light from the windows of premises. In the interest of amenity, internal illumination of signs should preferably be by means of ‘halo’ illumination or, in limited circumstances, letters-only lighting (for example, individual letters or fret-cut or similar face panels, so that light may be seen only through the lettering / logo etc with the background being opaque). External illumination in the form of downlighters or overhead trough lighting may also be acceptable, provided it is directed so as to only illuminate the sign or forms part of a considered architectural lighting scheme.

11.71 In respect of illuminated advertisements on listed buildings or in conservation areas, the Council will only support proposals if it can be demonstrated that the design would preserve or enhance the character and appearance of the building or area. The Council will pay special attention to the quality and appropriateness of illumination in respect of conservation areas and listed buildings. Standardised solutions such as the use of internally illuminated box advertisement that are bulky and not high quality are unlikely to be acceptable in conservation areas or on listed buildings.

11.72 There can be pressure for advance signs, particularly as a result of the advertising needs of rural businesses, or in the urban area where intricate street patterns and narrow pavements may inhibit standard advertising practices. Provided it can be demonstrated that signage would be acceptable in respect of amenity and public safety, wherever practical businesses in the same general location, or in bypassed communities, will be encouraged to combine their essential advertising needs so as to avoid a proliferation of advance signs. Advertisements that are unrelated to the business premises on which they are to be displayed, are located some distance from the business being advertised, temporary advertisements, and the use of land or buildings for the general display of advertisements will not normally be supported unless they would have a positive effect upon the amenity of the locality or public safety (for example, they are required to overcome a highway safety hazard).

11.73 An Area of Special Control of Advertisements places additional restrictions on the display of advertisements. For example, some deemed consent classes are subject to reduced size limits; and some types of advertising (for example, general poster display hoarding) are not permitted at all. The Regulations are complex and the Council’s advice should be sought where the proposed advertisement is within the designated area as shown on the policies map.

11.74 The Council will look to review the Chester city supplementary planning document relating to advertisements and banners. A general restriction on licensing ‘A’ boards in Chester city centre commenced in January 2018. Alongside the general restriction, an exception will be made for a trial permitting licensed shared directional ‘A’ boards advertising businesses on the (upper) Rows or businesses with no frontage on a main thoroughfare and without other physical means of advertising their location, subject to an overall restriction on the number of ‘A’ boards in any given street.

DM 18 - ICT and telecommunications

Policy DM 18

The Council will support the provision, expansion and enhancement of electronic communications networks, including telecommunications and high speed broadband.

Developers are required to make provision for the installation and maintenance of information connection networks, such as superfast broadband, within new developments.

New development should be accessed by fibre to the premises (FTTP) or similar technology enabling access to superfast broadband speeds of at least 30 megabits per second (or the most recent Government requirements, if higher). Where this is not possible, adequate ducting should be provided to enable fibre to premises connection at a later date, unless it can be shown that this is not economically viable in this location.

Proposals for telecommunication installations and equipment will be supported provided that:

  1. numbers of radio and telecommunication masts and the sites for such installations are kept to a minimum, consistent with the efficient operation of the network. As such, mast sharing will be supported and the erection of additional masts will only be supported if the feasibility of sharing an existing mast or erecting antennae on an existing building or other structure has been investigated and demonstrated to be unsuitable;
  2. the proposal is sympathetically designed and is camouflaged where appropriate;
  3. they do not have an unacceptable adverse impact on the character or appearance of the area or the appearance of any building;
  4. the proposal does not have a detrimental impact on the safe and satisfactory functioning of highways;
  5. the proposal has regard to the natural environment where the quality of the landscape may be particularly sensitive to the intrusion of communications infrastructure;
  6. all reasonable measures have been taken in respect of siting, design and landscaping to minimise the impact of the development;
  7. they accord with the historic environment policies of the plan (DM 46-50), where relevant;
  8. they do not cause significant and irremediable interference with other electrical equipment, air traffic service, broadcast or telecommunication service, or instrumentation operated in the national interest.

Where planning permission is required for the installation, relocation or replacement of domestic radio masts, aerials and satellite dishes, permission will be granted provided that the development is located to minimise any visual impact, and the scale, form and siting are appropriate to the building and surrounding area. Masts, aerials and satellite dishes should be located on a wall or roof slope that does not face a public highway, where practicable, and must not result in harm to residential amenity. 

Green Belt

In addition, in line with Local Plan (Part One) policy STRAT 9, proposals for the development of land in the Green Belt must accord with Green Belt policy as set out in the National Planning Policy Framework (NPPF).

Explanation

11.75 The Local Plan (Part One) policy STRAT 11 states that the Council will support measures to protect, enhance or improve access to existing facilities, services and amenities that contribute to quality of life for residents, businesses and visitors, including access to information communication technologies (ICT).

11.76 Where is it not currently viable to provide superfast broadband, adequate ducting (or similar technology) will ensure that developments are future-proofed as connection can be made easily at a later date, without the additional costs of retrofitting. Design of developments could also be undertaken with future broadband installation in mind, for example designing and locating green infrastructure so that this can be used as a location for ducting to prevent the need to dig up roads and other hardstanding areas in the future.

11.77 The Building (Amendment) Regulations 2016 (Part R) require buildings to be equipped with high speed ready in-building physical infrastructure, up to a network termination point for high speed electronic communications networks. In February 2016 the Government announced a deal to see fibre based broadband offered to all new developments either for free or as part of a co-funded initiative. It is estimated that more than half of all new build properties can be connected to fibre broadband free of charge to developers.

11.78 The Council will work with relevant partners to support advances in Information Communication Technologies (ICT) including positively promoting the development of ICT embedded sites and premises. This includes the ongoing work through the Connecting Cheshire project.  Connecting Cheshire is a partnership between BT and four local authorities (Cheshire East, Cheshire West and Chester, Halton and Warrington). The partnership was established to deliver fibre broadband to areas outside the commercial deployment of fibre broadband.

11.79 Most telecommunications development will be permitted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (or amended/replacement legislation). The policy does not apply directly to telecommunications prior approval applications, where the principle of the development has already been established. Prior approval applications will be determined by the local authority based on the siting and design of the proposed telecommunications equipment.