31 Miscellaneous

National policy

31.1 Planning policies should enable the sustainable growth and expansion of all types of business in rural areas, both through conversion of existing buildings and well-designed, new buildings; and development and diversification of agricultural and other land-based businesses (NPPF, paragraph 88).

31.2 Circular 01/03: Safeguarding aerodromes, technical sites and military explosives storage areas, defines areas to which specific safeguarding provisions apply.

31.3 The quality and character of places can suffer when advertisements are poorly sited and designed. A separate consent process within the planning system controls the display of advertisements, which should be operated in a way which is simple, efficient and effective. Advertisements should be subject to control only in the interests of amenity and public safety, taking account of cumulative impacts (NPPF paragraph 141).

31.4 Plans should set out a clear design vision and expectations (para 132). All local authorities should prepare design guides or codes consistent with the principles set out in the National Design Guide and National Model Design Code, and which reflect local character and design preferences (NPPF, paragraph 133).

Evidence base

A Design Code for Cheshire West and Chester

Key issues

The Council is currently preparing a borough-wide Design Code, setting out the design requirements for developments in Cheshire West.
The Levelling Up and Regeneration Act (2023) introduced national development management policies (NDMPs) that will cover a range of planning issues, such as design standards, environmental impacts and infrastructure requirements, that will override the content of local development plans when the two conflict. NDMPs are expected to be introduced this year.

Current adopted policy

Local Plan	Policy reference	Policy summary
Local Plan (Part Two)	R 2 Meeting the outstanding housing requirement in Tattenhall	Identifies and safeguards land and sets criteria for new housing development in Tattenhall.
Local Plan (Part Two)	R 3 Employment land provision in the rural area	Identifies land for employment development in the rural area.
Local Plan (Part Two)	DM 6 New agricultural and forestry buildings	Sets criteria for assessing proposals for the erection of agricultural and forestry buildings.
Local Plan (Part Two)	DM 7 Rural diversification of land based businesses	Sets criteria for assessing proposals for the diversification of agricultural and other land based rural businesses and new or extensions to existing farm shops.
Local Plan (Part Two)	DM 8 Equestrian development	Sets criteria for assessing proposals for equestrian development.
Local Plan (Part Two)	DM 11 Safeguarded areas around aerodromes	Sets criteria for considering proposals in safeguarded areas around aerodromes to ensure development does not adversely affect the operational integrity or safety of an airport or aircraft operations.
Local Plan (Part Two)	DM 12 Jodrell Bank	Supports development proposals that would not impair the efficiency of the Jodrell Bank Radio Telescope.
Local Plan (Part Two)	DM 16 Shopfronts	Sets criteria for new shopfronts or alterations to existing façades of shops or commercial premises, including proposals for blinds, canopies or awnings.
Local Plan (Part Two)	DM 17 Advertisements	Sets criteria for assessing applications for advertisement consent.
Local Plan (Part Two)	DM 38 Waterways and mooring facilities	Sets criteria for development proposals affecting the borough’s waterways and development proposals for new mooring facilities.

Suggested policy approach

31.5 The Council is bound in statute (in accordance with Circular 01/2003) to consult the relevant Aerodrome Safeguarding Authority on planning applications within the safeguarded areas. Therefore we propose to retain the content of Local Plan (Part Two) policy DM 11 and show the associated safeguarding zones on the policies map.

MISC 1

Safeguarded areas around aerodromes

Set criteria for considering development proposals in safeguarded areas around aerodromes to ensure development does not adversely affect the operational integrity or safety of an airport or aircraft operations.

Identify the safeguarded areas around Liverpool John Lennon, Manchester and Hawarden airports.

Question MISC 1

Do you agree with the suggested policy approach towards safeguarded areas around aerodromes, as set out in MISC 1 ‘Safeguarded areas around aerodromes’ above? If not please suggest how it could be amended?

31.6 The Town and Country (Jodrell Bank Radio Telescope) Direction 1973 requires the Council to consult with the University of Manchester before granting permission for certain planning applications. Therefore we propose to retain the content of Local Plan (Part Two) policy DM 12 and show the associated consultation zone on the policies map.

MISC 2

Jodrell Bank

Support development proposals that would not impair the efficiency of the Jodrell Bank Radio Telescope.

Identify the Jodrell Bank Radio Telescope Consultation Zone on the policies map.

Question MISC 2

Do you agree with the suggested policy approach towards the Jodrell Bank consultation zone, as set out in MISC 2 ‘Jodrell Bank’ above? If not please suggest how it could be amended?

31.7 The borough has a network of multi-functional waterways and canals, that provide a wide range of benefits including for recreation, health, open space, ecology and regeneration. The policy approach is to retain Local Plan (Part Two) policy DM 38 to support improved access to and use of the borough's waterways and ensure that any impacts on the local environment are effectively minimised and mitigated.

31.8 The Manchester Ship Canal is an important part of the canal network within Cheshire West and Chester however this is a commercial waterway and a Statutory Harbour Authority with restricted public access. Inland waterways can be affected by all forms of development close to the waterway. There are large visitor attractions such as the National Waterways Museum in Ellesmere Port and the Lion Salt Works and Anderton Boat Lift in Northwich. There are a wide range of recreational routeways alongside the borough’s rivers, canals and watercourses. Tourism may lead to increased demand for mooring facilities, marinas or extensions to existing facilities and the policy approach sets criteria for these types of development.

MISC 3

Waterways and mooring facilities

To support development proposals adjacent to waterways that can provide positive regeneration benefits in the urban areas of Chester, Ellesmere Port, Northwich and Winsford.

To establish criteria and design principles for developments affecting the borough’s waterways.

To safeguard the structural and operational integrity of the waterways.

To support public access and recreational use of the waterways, in line with the policy approach in HW 1 ‘Health and wellbeing’.

To ensure development proposals make a positive contribution towards biodiversity and ecological networks.

To set criteria for the development of new mooring facilities, including extensions to existing facilities, and to consider the cumulative impacts that may arise from further development.

Question MISC 3

Do you agree with the suggested policy approach towards waterways and mooring facilities, as set out in MISC 3 ‘Waterways and mooring facilities’ above? If not please suggest how it could be amended?

31.9 The following text identifies those Local Plan (Part One) and Local Plan (Part Two) policies which we believe are replaced by a combination of national policy and guidance and other suggested policy approaches. Therefore, we do not propose to retain these policies in the new Local Plan.

MISC 4

Meeting the outstanding housing requirement in Tattenhall

Local Plan (Part Two) policy R 2 identifies and safeguards land and sets criteria for new housing development in Tattenhall.

We believe that the content of this policy may be superseded by updated site allocations in the new Local Plan, depending on the chosen spatial strategy (see SS 5 ‘Spatial strategy options’ ) and will be adequately covered by a combination of national policy and other policies in the new Local Plan, and could potentially be deleted.

Question MISC 4

Do you think that the new Local Plan should have an individual policy for meeting the outstanding housing requirement in Tattenhall that takes forward the content of current Local Plan (Part Two) policy R 2? Or could policy R 2 be deleted?

MISC 5

Employment land provision in the rural area

Local Plan (Part Two) policy R 3 identifies land for employment development in the rural area.

We believe that the content of this policy may be superseded by updated site allocations in the new Local Plan, depending on the chosen spatial strategy (see SS 5 ‘Spatial strategy options’ ) and will be adequately covered by a combination of national policy and other policies in the new Local Plan, and could potentially be deleted.

Question MISC 5

Do you think that the new Local Plan should have an individual policy for employment land provision in the rural area that takes forward the content of current Local Plan (Part Two) policy R 3? Or could policy R 3 potentially be deleted?

MISC 6

New agricultural and forestry buildings

Local Plan (Part Two) policy DM 6 sets criteria for assessing proposals for the erection of agricultural and forestry buildings.

We believe that the content of this policy may be adequately covered by a combination of national policy and the suggested policy approach in GB 1 ‘Green Belt and countryside’ and could potentially be deleted.

Question MISC 6

Do you think that the new Local Plan should have an individual policy for new agricultural and forestry buildings that takes forward the content of current Local Plan (Part Two) policy DM 6? Or could policy DM 6 potentially be deleted?

MISC 7

Rural diversification of land based businesses

Local Plan (Part Two) policy DM 7 sets criteria for assessing proposals for the diversification of agricultural and other land based rural businesses and new or extensions to existing farm shops.

We believe that the content of this policy may be adequately covered by a combination of national policy and the suggested policy approaches in GB 1 ‘Green Belt and countryside’, TC 1 ‘Town centres’ and VE 1 ‘Visitor economy’ and could potentially be deleted.

Question MISC 7

Do you think that the new Local Plan should have an individual policy for the rural diversification of land based businesses that takes forward the content of current Local Plan (Part Two) policy DM 7? Or could policy DM 7 potentially be deleted?

MISC 8

Equestrian development

Local Plan (Part Two) policy DM 8 sets criteria for assessing proposals for equestrian development.

We believe that the content of this policy may be adequately covered by a combination of national policy and the suggested policy approach in GB 1 ‘Green Belt and countryside’ and could potentially be deleted.

Question MISC 8

Do you think that the new Local Plan should have an individual policy for equestrian development that takes forward the content of current Local Plan (Part Two) policy DM 8? Or could policy DM 8 potentially be deleted?

MISC 9

Shopfronts

Local Plan (Part Two) policy DM 16 sets criteria for assessing proposals for new shopfronts or alterations to existing façades of shops or commercial premises, including proposals for blinds, canopies or awnings.

We believe that the content of this policy may be adequately covered by a combination of national policy, the forthcoming Cheshire West and Chester Design Guide and the suggested policy approaches in HE 1 ‘Historic environment’ and DS 1 ‘High quality design’ and could potentially be deleted.

Question MISC 9

Do you think that the new Local Plan should have an individual policy for shopfronts that takes forward the content of current Local Plan (Part Two) policy DM 16? Or could policy DM 16 potentially be deleted?

MISC 10

Question MISC 10

Do you think that the new Local Plan should have an individual policy for advertisements that takes forward the content of current Local Plan (Part Two) policy DM 17? Or could policy DM 17 potentially be deleted?

Site under construction

31 Miscellaneous