12 Housing

12 Housing

12.1 The housing requirement for the borough set out in Local Plan (Part One) policy STRAT 2 can be achieved through the delivery of extant planning permissions, Local Plan (Part One) strategic sites, and Local Plan (Part Two) land allocations. In addition, the Council's Brownfield Land Register and the Housing and Economic Land Availability Assessment (2017) (HELAA) provide further potential sources of land supply that provide choice and flexibility in the housing market in line with the National Planning Policy Framework (NPPF). The policies in this section provide detailed criteria for development proposals relating to housing.

12.2 Providing the right type of housing is as important as providing the right level of housing across the borough. Cheshire West and Chester has both an ageing population as well as a concentration of younger people in certain locations associated with educational establishments. The issue of housing affordability also means that there is a need to provide homes for first time buyers, and housing that is suitable for people wishing to downsize from larger houses. The retention of student graduates and young professionals to support the economic and employment opportunities in the borough is also a key issue. New residential development must therefore deliver a range of homes to meet the diverse range of needs for all communities which includes market and affordable housing, age and care related facilities and housing for student populations.

12.3 Over the next two decades the age profile of residents in the borough is expected to show a significant change with residents above pensionable age (60/65 years) increasing from 71,800 in 2010 to 108,000 by 2030. This change in demographics creates a demand for housing to support elderly residents, whilst encouraging independent living through offering a range of age and care related products in addition to nursing and care homes. The Local Plan (Part Two) supports the development of specialist accommodation to meet the needs of vulnerable, disabled and older people.

12.4 The Housing and Planning Act was granted Royal Assent in May 2016 and provides the legislative basis for Starter Homes. The Act sets a statutory duty on Local Authorities to promote the delivery of Starter Homes, but much of the detail of the Starter Homes product and its relationship to forms of affordable housing in meeting housing needs will be set out in forthcoming regulations, guidance and proposed changes to the NPPF.

12.5 Consultation on the details for the starter homes regulations under the Housing and Planning Act 2016 was carried out between 23 March and 30 June 2016. The publication Local Plan (Part Two) reflects the current adopted Local Plan (Part One) policy SOC 1 requirements for affordable housing which will continue to be applied until such time as the forthcoming regulations and changes to the NPPF are confirmed. The Council will have regard to the duty to promote Starter Homes and will explore opportunities through regeneration programmes and the Brownfield Land Register where appropriate.

DM 19 - Proposals for residential development

Policy DM 19

Identified settlements
Proposals for residential development within identified settlements, on sites that have not been allocated/designated for a particular use, will be supported in line with the relevant development development plan policies.

The creation of new dwellings on garden land in identified settlements will only be supported where this does not result in a disproportionate loss of garden land or cause unacceptable harm to the character of the surrounding area.

Countryside
In line with Local Plan (Part One) policies STRAT 1 and STRAT 9 proposals for residential development in the countryside, outside of identified settlements, will only be supported where necessary to meet the minimum levels of development for new housing or where the proposal is for one of the following;

  1. replacement of an existing dwelling in line with policy Local Plan (Part Two) policy DM 21;
  2. change of use or conversion of a building in line with Local Plan (Part Two) policy DM 22;
  3. affordable housing in line with Local Plan (Part One) policy SOC 2 and Local Plan (Part Two) policy DM 24;
  4. an essential rural workers dwelling in line with Local Plan (Part Two) policy DM 25;
  5. new housing supported in a neighbourhood plan for the area;
  6. redevelopment of previously developed land identified on the Council's Brownfield Land Register or
  7. replacement of buildings on previously developed land and;
    1. there is good access to public transport;
    2. it is located within reasonable walking distance of local services and facilities along a safe route;
    3. it does not result in the loss of buildings that contribute to the rural character of an area;
    4. it would not result in an unacceptable loss of employment land or buildings;
    5. there would be no greater impact on the character of the countryside;
    6. it would result in an enhancement of the site and the rural setting; and
    7. the design and layout of the development fully reflects the rural character of the area and does not 'urbanise' the countryside.

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

12.6 The location for sustainable development and growth in the borough is set out in Local Plan (Part One) polices STRAT 3 to STRAT 8, and further detail in Local Plan (Part Two) policy R 1 which defines identified settlements in the rural area, and the distinction between rural sustainable settlements and the countryside.

12.7 The re-use of previously developed/ brownfield land is supported in Local Plan (Part Two) policy DM 1 and through the Council's Brownfield Land Register. The register will set out the level of development appropriate on each site which will ensure the maximum 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.

12.8 The Brownfield Land Register should be used as a guide to achieving suitable development densities on brownfield sites that may come forward through the development management process. Proposals for the redevelopment of a site that is not identified on the Brownfield Land Register should follow the same approach to density and layout, reflecting a similar volume and area of development that is to be replaced.

12.9 Garden land is important to residential amenity and an important resource of open space that should be protected from over development where possible. The partial development of garden land for alternative uses should only take place where it would not result in a disproportionate or significant loss of land to the detriment of the amenity of the original dwelling, or the new development.

12.10 New dwellings in the countryside, including in the Green Belt, outside of identified settlements, that do not fall within one of the exceptions listed in this policy, are not generally supported. New dwellings would create isolated development in unsustainable locations, and increases reliance on the use of private vehicles to access facilities and services. Housing in the rural area should be located where it will enhance or maintain the vitality of rural communitiesSee National Planning Policy Framework: Paragraph 5 and in sustainable locations as identified in Local Plan (Part One) policy STRAT 8 and Local Plan (Part Two) policy R 1.

12.11 Isolation, for the purpose of development in the countryside refers to proximity and access to facilities and services within an identified settlement. The presence of neighbouring properties and/or rural operations within close proximity to a proposed site in the countryside do not reduce isolation. The creation of new dwellings, unrelated to rural land based activities, will be resisted in order to reduce development that is isolated from an acceptable level of access to services and facilities. The Local Service Centre Background Paper sets out the acceptable level of and access to services and facilities for sustainable rural locations.

12.12 Planning permission is commonly granted for domestic outbuildings to serve dwellings in countryside locations, and parliament has granted extensive permitted development rights for such structures. Domestic outbuildings in gardens, built for specific uses ancillary or incidental to existing residences, are rarely likely to become permanently redundant and their conversion will seldom lead to an enhancement of setting. Allowing the conversion of such buildings to housing in the countryside (outside of identified settlements) would significantly undermine the national and local strategy of locating new development in the most sustainable locations.

DM 20 - Mix and type of new housing development

Policy DM 20

In line with Local Plan (Part One) policy SOC 3 proposals for residential development must take account of the housing needs of the local area to ensure a range of house types, tenures and sizes are provided across the borough.

Taking account of the most up to date housing information and where relevant, policies in neighbourhood plans, applications for major residential development should demonstrate how the proposal will address:

  1. need for smaller properties for first time buyers;
  2. requirements of an ageing population and people wishing to downsize, including where justified the provision of adaptable and accessible homes and/or single-storey dwellings; and
  3. demand for self-build and custom build housing.

The Council will work with the developer to agree a suitable housing mix taking full account of the characteristics of the site and viability considerations. Where a neighbourhood plan sets out locally specific policies on housing mix and type these will take priority.

Explanation

12.13 The NPPF requires local authorities to plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community. Local Plan (Part One) policies SOC 3 and SOC 5 support mixed, balanced and sustainable communities through the provision of a range of market and affordable housing that meets identified future needs,  and seek to deliver new housing that considers the requirements of different groups of people including vulnerable, disabled and elderly people.

12.14 In particular a requirement for smaller homes (two to three bed) is identified to enable people to get on the property ladder or to allow downsizing. The demographic profile of the borough is anticipated to change significantly between 2010 and 2030 as a result of an ageing population. The pressure to provide housing for people aged 65+ will therefore continue to increase throughout the plan period. Providing access to a wide range of housing products that encourage and support independent living (with varying levels of support and care) will support the creation and longevity of mixed sustainable communities.

12.15 The Council’s Strategic Housing Market Assessment (SHMA) identified that an ageing population is a significant issue for the borough but also that the majority of elderly people would wish to stay in their own homes. Policy SOC 3 of the Local Plan (Part One) sought to address this issue through requiring new housing development to take account of the needs of an ageing population that could include the provision of Lifetime Homes, bungalows and extra care housing. Local Plan (Part One) policy ENV 6 identifies Lifetime Homes as an appropriate standard to help guide development across the borough. Since adoption of the Local Plan (Part One) the Government no longer supports references to Lifetime Homes in planning policies, the standards of which are now broadly reflected in the requirements of Building Regulations M4(2) (accessible and adaptable dwellings). Homes built to this standard are designed to meet the needs of occupiers throughout their lifetime and the provision of housing that complies with Building Regulations M4(2) as part of major developments may help demonstrate that the needs of an ageing population have been addressed in line with policy SOC 3, through high quality design and construction in line with policy ENV 6.

12.16 Larger scale developments should provide a range of dwelling sizes, and should not be dominated by large dwellings (four or more bedrooms) that are unlikely to meet the majority of the borough's housing needs. Smaller dwellings that allow for down sizing as well as first time buyers should be included as part of all new developments to encourage mixed and balanced communities, whilst providing homes for the greatest number of people in need.

12.17 Ensuring that housing design is flexible enough to be easily adapted to meet changing needs over time is a key priority of the Council's Vulnerable and Older People's Accommodation Plan. Measures to future proof new housing could include: straight staircases; the correct location of power points (such as at the bottom of staircases) and at the right level; and including dementia friendly design principles, in new developments. Further information could be included in supplementary guidance where appropriate.

12.18 Section1 (1) of the Self-build and Custom Housebuilding Act 2015, places a duty on local authorities to keep a register of individuals and associations of individuals who are seeking to acquire serviced plots of land to build a house for their own  occupation. The Council will work pro-actively with small and volume house builders to identify small plots of land for single building plots, as well as making plots available to self-build and custom housebuilders as part of a larger scheme. The plots must be accessible and serviced in line with National Planning Policy Guidance (NPPG).

12.19 In addition to ensuring the self-build and custom housebuilding register is taken into account when carrying out its planning function the Council must also have regard to the register in relation to housing, land disposal and regeneration functions. The Council is proactive in bringing forward sites for residential development, whether as stand-alone schemes or as part of wider regeneration projects, and will ensure that where there is demand provision is made for self and custom build properties as part of these developments. The Council's self-build and custom housebuilding register will be kept up to date by the Housing Strategy Team, and monitored in line with the regulations and guidance. The most up to date register must be used to inform the level of demand in the borough.

12.20 The Council will work with developers to agree on the most appropriate mix and type and it may not always be possible to provide a range of dwellings across all sites. The most up to date evidence of need at borough and local level should be fully taken into account. The Council recognises that the most appropriate housing mix may not always be achievable and account will be taken of any negative impacts on the viability of a scheme and local design considerations when determining the most suitable mix and type. The provision of a proportion of new dwellings built to comply with Building Regulations part M4(2) may also contribute towards meeting the requirements of an ageing population in relation to major developments. Whole plan viability testing has identified that in some areas of the borough, particularly on brownfield sites, development requirements including affordable housing delivery, may be harder to secure. The Council will work with developers to ensure that viable schemes can come forward and deliver housing that best suits the need of the local area.

DM 21 - Development within the curtilage of a dwellinghouse

Policy DM 21

Proposals within the residential curtilage of a dwellinghouse for extensions, alterations, new outbuildings or structures, annexe accommodation, replacement dwellings, boundary treatments and hard surfacing, will only be supported where they meet the relevant criteria set out below.

Extensions, alterations and outbuildings/structures
Extensions and alterations to existing dwellings, or the construction of ancillary outbuildings or structures within the residential curtilage will be supported only if, taking into account any previous development to the original building or within its curtilage, they meet all of the following criteria:

  1. the resulting development is in keeping with the character and appearance of, and is subordinate to, the original dwelling and surrounding properties, and the wider setting;
  2. the resulting development would not have a significantly adverse effect on the amenities of nearby residential properties, or the future occupiers of the dwellinghouse;
  3. suitable provision is included for access and parking;
  4. where the building was originally constructed for a non-residential purpose e.g. agricultural, religious or industrial use, the resulting development would be of a limited scale consistent with the retention of the architectural and functional character of the original building; and
  5. in the Green Belt, the resulting development would not result in disproportionate additions over and above the size of the original building.

Annexe accommodation
The provision of, or change of use of an existing building to residential annexe accommodation requiring planning permission will be supported where it is for occupation by a person dependant upon an occupant of the main dwellinghouse, and where all of the criteria for extensions, alterations and incidental outbuildings or structures, set out above, are met. Annexe accommodation must be closely related physically to, and functionally dependant upon, the main dwellinghouse.

Replacement dwellings
Proposals for replacement dwellings will be supported where all of the following criteria are met:

  1. the existing dwelling does not have recognised special architectural or historic value, or local character (by being nationally or locally listed);
  2. the development will not significantly adversely affect the amenities of nearby residential properties or the future occupiers of the dwellinghouse;
  3. the replacement dwelling would not be significantly larger than the existing dwelling and is in keeping with the scale, character and appearance of its surroundings. 
  4. in the Green Belt, the replacement dwelling would not be materially larger than the existing dwelling.

Extending residential gardens
In the countryside, outside of identified settlements proposals for the extension of residential garden land will not be supported.

Boundary treatments and hard surfacing
The provision of a fence, wall, gate or means of enclosure and hard surfaced areas will only be supported where the first three criteria for 'Extensions, alterations and outbuildings/structures', set out above, are met. Particular regard will be had to the loss of existing soft landscaping and the prevailing character of boundary treatments in assessing the impacts of the proposed development. 

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

Explanation

12.21 Local Plan (Part One) policies SOC 3 and SOC 5 promote the delivery of residential accommodation to meet a wide variety of needs, and in particular, meet the long term needs of the older people. Restricting the size of new development within the curtilage of a dwellinghouse will help maintain the following: the character and appearance of the original buildings and their surroundings; the character of a variety of dwelling sizes; and a range of dwelling sizes and types to enable a diverse and inclusive community in the countryside; and the openness of the Green Belt. As a general guide:

  • subordinate and small scale extensions/outbuildings should not increase the size of the original dwelling by more than 30 per cent;
  • replacement dwellings should not be significantly larger (i.e. more than 30 per cent) than the existing dwelling; and
  • in the Green Belt, replacement dwellings should not be materially larger (i.e. more than 10 per cent) than the existing dwelling.

12.22 The increase in size of the original or existing dwelling will generally be determined by assessing the net increase in floorspace (measured externally). In cases where the increase proposed involves an increase in the overall building height, the net increase in volume (measured externally), will also be taken in to account. This assessment will not include any allowance or credit from the demolition of existing detached buildings or structures. In the countryside, and in the Green Belt, where the limits of the policy have been reached,  when  planning permission is granted, planning obligations/conditions may be applied to remove permitted development rights where necessary.

12.23 For the purposes of this policy only, a dwellinghouse is a self-contained building used as a single unit of residential accommodation, usually housing a single household, and will include a house, bungalow or building previously converted into a single unit of residential accommodation. It does not include a flat, maisonette or other forms of residential accommodation such as residential homes or student halls (which are included in the definition of a dwelling where they are self-contained for the purpose of housing land supply). The 'original dwelling' is the dwelling as it existed on 1 July 1948 or, if constructed after this date, as it was originally built. All outbuildings or structures within the curtilage of a dwellinghouse which are built after the construction of the original dwelling, will be treated as being an extension to the original building.

12.24 Local Plan (Part One) policy SOC 3 states that the provision of new housing should meet the needs of older people. Residential annexes can provide suitable supported living accommodation that enables older people to retain a degree of independence. Annexe accommodation can also support larger families where children live at home for longer resulting in a need for additional living accommodation associated with an existing dwelling. Where an extension is not possible, living space can be increased through the creation of an annexe or ancillary living accommodation. Annexe accommodation should only be provided for a person dependant upon on an occupant of the main dwellinghouse, for example, a close relative who is elderly or has medical needs provided by the occupier of the main dwelling.

12.25 Annexe accommodation should be limited in size to provide for the basic needs of the dependant person, remain subordinate to the main dwelling, and normally include only one bedroom. It should be designed to be closely related physically to, and functionally dependant upon, the main dwellinghouse. Where the Council approves annexe accommodation, a condition will normally be attached to a planning permission to restrict its use to ancillary accommodation. Where an annexe would comprise self-contained living accommodation which would otherwise conflict with the development plan, the Council will require the applicant to enter into a Section 106 legal agreement under the provisions of the Town and Country Planning Act 1990, to prevent the severance of the annexe from the main dwelling, and/or limiting the occupation to dependent relative(s). This will prevent the sub-letting of either property and ensure that such accommodation is required to meet a genuine family need.

12.26 The assessment of whether a development is in keeping with the character and appearance of, and is subordinate to, the original dwelling and surrounding properties, and the wider setting, will have particular regard to the design, scale, height, massing, material finishes, visual appearance and character of buildings, and the prevailing layout and landscaping of the development. In the Green Belt, extensions or replacement buildings which are materially higher than the original building are likely to be regarded as disproportionate additions, or materially larger.

12.27 Proposals for development on land within the curtilage of a dwellinghouse must be in line with relevant development plan policies, including for the provision of parking, and safe access. The Council will have regard to Local Plan (Part Two) policy T 5, and relevant parking standards for new residential development in determining applications for development within the curtilage of existing dwellings, with the aim of mitigating the harmful effects of any proposed reduction in existing parking provision or creation of additional demand for parking.

12.28 For proposals relating to the creation of new build dwellings or for the creation of dwellings through a change of use, please see Local Plan (Part Two) policies DM 19 and DM 22 respectively. Further details on supported living and specialist accommodation are set out in Local Plan (Part Two) policy DM 26. The Council may prepare a further guidance on the approach to, and implementation of the housing policies set out in the development plan.

DM 22 - Change of use to dwellinghouses and residential conversions

Policy DM 22

Identified settlements
The change of use of buildings to dwellinghouses in identified settlements will be supported where proposals meet the requirements of Local Plan (Part Two) policy DM 5, and other relevant development plan policies.

Proposals for conversion/sub-division of an existing dwelling will only be supported where the conversion would not lead to significant alterations or extensions that would have a detrimental impact on the appearance and character of the original building or surrounding area.

Countryside
In the countryside, outside of identified settlements, proposals for the change of use of buildings to dwellinghouses will be only be supported where they also meet all of the following criteria:

  1. the building is currently redundant or disused;
  2. the building is of permanent and substantial construction and it is suitable for and capable of conversion to residential use without significant loss of existing fabric, or major or complete reconstruction;
  3. the existing building does not have a harmful visual impact which would be perpetuated by its retention;
  4. the conversion or change of use of the buildings(s) would lead to an enhancement to its immediate setting; and
  5. the proposal would not be in conflict with existing uses in the locality.

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

12.29 The NPPF promotes mixed use development, encouraging the benefits from the use of land in urban and rural areas. Proposals that include residential accommodation within an urban environment can create mixed and balanced communities, combing living, working and social activities. A change of use can safeguard the future of existing buildings whilst making a valued contribution towards the supply of dwellings, particularly in premises located above commercial and business uses within the identified settlements set out in Local Plan (Part Two) policy R 1.

12.30 In the countryside, the Council recognises that the retention and re-use of some redundant or disused rural buildings e.g. traditional brick and slate barns, may have visual benefits and other benefits in terms of re-use of building materials that can outweigh the remoteness of such buildings from access to local services. However, this policy is not intended to encourage the retention of buildings that currently have adverse visual/landscape impact e.g. large agricultural sheds.

12.31 In determining whether a building is redundant or disused, where appropriate the Council will have regard to the nature of the most recent use, when the most recent use ceased, and the reason why it ceased. Outbuildings within residential gardens will seldom be considered sufficiently redundant or disused to outweigh the general approach of the Local Plan (Part One) to locate new housing in identified sustainable settlements. 

12.32 In determining whether a building is of permanent and substantial construction and suitable for and capable of conversion the local planning authority will take the following into account:

  • a structural survey demonstrating the structural integrity of the building and how much of the building can be retained, and drawings indicating how much will be retained;
  • what proportion of the building will need to be replaced and/or re-constructed;
  • the extent of changes that will be made to the fabric of the building, including the number and size of new openings that will need to be created.

12.33 In order to maintain the present level of residential accommodation in the borough it is necessary to prevent unnecessary loss through the conversion of dwellinghouses to fewer units. However, it is acknowledged that qualitative improvements can be made to unfit housing through conversion to larger units and this will be supported where it would result in empty and / or unfit properties being brought back in to use.

12.34 Dwellings created through the conversion/sub-division of an existing dwellinghouse should provide adequate accommodation, and not compromise living standards especially where smaller units are provided.

DM 23 - Delivering affordable housing

Policy DM 23

Proposals for residential development should meet the affordable housing requirements set out in Local Plan (Part One) policy SOC 1. Affordable housing should be provided on site. Where this cannot be achieved and exceptional circumstances can be demonstrated the Council will consider the following:

2nd Preference: off-site provision, located within the same spatial area as the approved development, secured through a Section 106 legal agreement;

3rd Preference: financial contributions to be used to deliver affordable dwellings within the same spatial area as the approved development, secured through a Section 106 legal agreement.

The Council must be satisfied that the proposed size and design of any affordable housing, will meet the specific identified need for that type of affordable housing in that area.

Explanation

12.35 The Council's key housing priorities include maintaining a supply of housing to meet a wide range of housing needs within the community, maximising the provision of affordable housing throughout the borough, including rural areas. Local Plan (Part One) policy SOC 1 sets the threshold for sites on which the provision of up to 30 per cent affordable homes will be sought. Affordable homes are an integral part of new developments, and their on site delivery is key to achieving sustainable and mixed communities.

12.36 The Council is aware of changes to the National Planning Practice Guidance (NPPG) reducing the site threshold for affordable housing. The Council consider that the evidence of affordable housing need in the borough justifies the retention of the local thresholds set out in Local Plan (Part One) policy SOC 1. The policies in the development plan ensure that viability of proposed schemes is taken into account therefore not compromising smaller sites from coming forward.

12.37 Where a proposal does not meet the affordable housing requirements set out in Local Plan (Part One) policy SOC 1, an economic viability assessment which can be made publicly available, must be submitted with the application. The assessment must provide sufficient evidence to support the proposed alternative provision of affordable housing.

12.38 Off-site provision of affordable dwellings and financial contributions used to deliver affordable housing within a spatial area will be secured through a Section 106 legal agreement. Where off-site provision is not achievable e.g. there are no suitable sites within the same spatial area, the 3rd preference of a financial contribution will then be considered.

12.39 The level of discount applied to Intermediate housing including discount for sale properties, will be determined by the Council, and set at level which is affordable for local people. Further details including delivery mechanisms, calculating contributions and level of discount will be provided in supplementary guidance.

12.40 The spatial areas refer to the main urban areas of Chester, Ellesmere Port, Northwich and Winsford, and key and local service centres. Local Plan (Part One) policies STRAT 3 to STRAT 8, Local Plan (Part Two) policy R 1 and the policies map identify each spatial area.

DM 24 - Rural exception sites

Policy DM 24

In line with Local Plan (Part One) policy SOC 2, small affordable exception sites will be supported adjacent to key or local service centres subject to meeting the additional requirements set out below.

A current affordable local need for the development must be demonstrated through an up to date independent assessment of local housing need prepared by the Parish Council or in collaboration with the Parish Council. Local housing need must relate to people who have a strong local connection to the parish in which the development is proposed. Unless defined differently in a neighbourhood plan, local connection means people or households who:

  1. currently live in the parish and have been living there continuously for at least five years; or
  2. have permanent employment in the parish; or
  3. have close family members (defined as children, parents, siblings only) who have been residing in the parish continuously for at least five years; or
  4. people who have previously lived in the parish for a continuous period of at least 10 years.

Once a local affordable need has been established a suitable site should be identified following a thorough assessment of alternatives in consultation with the Parish Council and local community. Rural exception sites will only be permitted where the local need cannot otherwise be met on sites within an identified settlement boundary, including on sites for market housing on which an element of affordable housing is required.

The allocation and occupancy of rural exception properties will be restricted to people/households who can meet the local connection test. After first occupation a geographical cascade approach will apply as agreed with the Council.

Explanation

12.41 Local Plan (Part One) policy SOC 2 acknowledges that rural exception sites are an important tool to deliver rural affordable housing. In line with Local Plan (Part One) policy SOC 2, rural exception sites are only acceptable to meet a clearly identified local need, where adjacent to the key service centres and local service centres identified in the development plan.

12.42 It is very important that an exception site for affordable housing meets a genuine and current local need, in order to justify development that would normally be considered contrary to policies that seek to resist development in the countryside and potentially Green Belt. A local needs survey prepared by an independent body will need to be prepared to justify a rural exception site. This need survey should be prepared by the relevant Parish Council/Parish Council group (such as Neighbourhood Plan Group or Community Land Trust) or in close consultation with the Parish Council to ensure the work has local support and an accurate survey response is achieved.

12.43 The Council is proactive in supporting rural housing and has commissioned an independent rural enabler (Cheshire Community Action) to undertake rural needs surveys for a number of the identified key service centres, working in partnership with the Parish or Town Council. Community land trusts have also been supported to help local communities to bring forward local housing schemes. The Council’s housing waiting list may also be useful in informing housing need as part of local need survey work.

12.44 Once a local need has been established then an assessment of suitable sites should take place in terms of land being of an appropriate size, availability and ensuring sites would not harm other policy objectives such as Green Belt. Sites should be brought forward following close engagement with the local community and wherever possible through the neighbourhood plan process. A Registered Provider partner should be identified at an early stage to deliver and manage the housing. Alternative delivery options may be acceptable but must be agreed in advance with the Council.

12.45 Exception sites to meet an identified need for affordable housing will only be permitted where this need cannot be met through the provision of affordable housing on sites within identified key and local service centres. Sites must be easily accessible to local services and facilities in the settlement via a safe pedestrian route.

12.46 Any local needs survey must be carried out in accordance with a methodology and to a geography which has been agreed in advance by the Council. Local need will relate to the key or local service centre and the associated Parish Council area. There are two local service centres, Willaston and Childer Thornton, that presently unparished although this may change as a result of the Council’s Governance review to create new Parish Council areas. Until such time as Parish areas are formally designated the Council will work with the Willaston Residents and Countryside Society and residents of Childer Thornton should they wish to pursue an exception scheme.

12.47 Subject to the need identified in the local community the Council would ideally like to see affordable homes provided for rent although other tenures may be supported. Due to the nature of the policy being supportive of schemes as exceptions to the general housing policies in the development plan, the specific types of affordable housing are restricted to social rented, affordable rented, and intermediate housing.

12.48 As set out in Local Plan (Part One) policy SOC 2, any development must remain affordable in perpetuity. To ensure that houses remain affordable in perpetuity, stair-casing on any shared ownership properties will be capped at 80 per cent.

12.49 Sites should be modest in scale, proportionate to the size of the existing settlement and be well related to the existing settlement in terms of form and character. As a guide developments of up to 20 dwellings may be acceptable in key service centres and up to 10 dwellings acceptable in local service centres. It is recognised that the key service centres of Neston and Frodsham are of a much larger scale and a higher number of units may be acceptable subject in particular to neighbourhood plan policies. In all cases the scale of development must reflect the identified need as well as considerations such as the impact on landscape, heritage and amenity. Within the Green Belt, the impact on openness will be taken into account in assessing the appropriate scale of development.

12.50 Schemes should be for 100 per cent affordable housing. A small subsidiary element of market housing may be allowed where it can be demonstrated through an open book viability appraisal that the identified housing need cannot be met without cross subsidy. The provision of market housing within a scheme will be at the Council's discretion and unrealistic land values will not be accepted as a justification for cross-subsidy.

DM 25 - Essential rural workers dwellings

Policy DM 25

Permanent rural workers dwellings
Proposals for new permanent essential rural workers dwellings to support agricultural, forestry and rural land based enterprises will be supported where a worker is required to live on site, and where all of the following criteria are met;

  1. there is a clearly established existing functional need for an additional worker to live permanently at the site;
  2. the need relates to a full-time worker, or their primary employment as a rural worker, and does not relate to a part-time requirement;
  3. the unit and the rural land based activity concerned have been established for at least three years, have been profitable for at least one of them, are currently financially sound and have a prospect of remaining so;
  4. the functional need could not be fulfilled by another existing dwelling on or near to the site, or any other existing accommodation in the area which is suitable and available  for occupation by the worker(s) concerned;
  5. the size and siting of the dwelling is commensurate with the established functional requirement and well-related to existing buildings or other dwellings;
  6. occupation of the dwelling will be restricted to persons employed in agriculture, forestry, or other land-based rural enterprise, or the widow or widower of such a person or any resident dependants;
  7. where new dwellings are approved on the basis that they are vital to the success of a specific rural enterprise, provisions will be put in place to ensure that they remain available for that purpose in perpetuity; and
  8. other planning requirements e.g. in relation to access, or impact on the countryside, are satisfied.

A rural workers dwelling must remain available for meeting the evidenced need for as long as it exists, and should remain as affordable housing if the original need ceases.

Permitted development rights for extensions and outbuildings will normally be removed to ensure that the size of the dwelling remains commensurate to the needs of the business.

Temporary rural workers dwellings
Where a new dwelling is essential to support a new rural based activity, whether on a newly-created agricultural unit or an established one, it should, for the first three years, be provided by a caravan, or other temporary accommodation.

Proposals for temporary workers dwellings should satisfy all of the criteria for permanent rural workers dwellings set out above, with the exception of criterion three, requiring activity to have been established for three years.

Explanation

12.51 Within the Green Belt and in the countryside development of new housing is restricted through Local Plan (Part One) policy STRAT 9 to that which requires such a location. Special circumstances for new dwellings in the countryside are also set out in paragraph 55 of the NPPF. The creation of new housing in the countryside, outside of identified settlements, is restricted to set requirements to ensure that isolated private housing is not developed in unsustainable locations. New dwellings must be linked to the occupational use of the land, and to a business that requires a worker to live on or near to that business.

12.52 The functional need relates to the operation of the rural business and is restricted to agriculture, forestry, equestrian related activities, and animal care. It does not apply to other businesses in the rural area that have no occupational tie to the land use or the countryside location. The proven need will establish whether the dwelling is essential for the proper functioning of the business for one or more workers to be available on site at most times. New permanent farm workers accommodation cannot be justified on agricultural grounds unless the farming enterprise is economically viable, and a financial test will be necessary to evidence this, and the size of the dwelling which the unit can sustain.

12.53 Where new dwellings are approved on the basis that they are vital to the success of a specific rural enterprise, it is reasonable and necessary to seek to ensure that they remain available for that purpose in perpetuity and the Council will use legal agreements to secure this. Where it can be demonstrated that the essential need for a dwelling to serve the enterprise has fallen away, the Council has been and will continue to be flexible in removing legal obligations.

DM 26 - Specialist accommodation

Policy DM 26

Proposals for specialist accommodation, including nursing homes and elderly persons accommodation, within identified settlements to meet the needs of vulnerable and older people will be supported where the criteria of Local Plan (Part Two) policies DM 2 and DM 3 and the relevant development plan policies can be met.

Where appropriate, developments should include a mix of accommodation including:

  1. accessible and adaptable self-contained dwellings e.g. bungalows;
  2. specialist care accommodation;
  3. market and affordable housing that is wheelchair accessible; and
  4. adaptable homes to meet the needs of people with disabilities; and to accommodate changing needs of occupants as they age.

Developments will be required to provide a proportion of dwellings that are built to specified standards in line with Local Plan (Part Two) policy DM 20 where a local need is identified.

Affordable housing provision will be required in line with Local Plan (Part One) policy SOC 1 for all elements of a proposal that would create self-contained dwellings.

New specialist accommodation must be located with good accessibility to a range of existing services and facilities,and with good access to public transport. New facilities, including large scale extra care village developments, outside of settlement boundaries will be resisted in line with Local Plan (Part One) policy STRAT 9.

Proposals for hostel accommodation should be located within identified settlements, to provide a suitable location for its residents to access local services and facilities, and to minimise potential conflict or impacts on surrounding uses.

Explanation

12.54 Local Plan (Part One) policies STRAT 1, SOC 3 and SOC 5 seek to deliver sustainable mixed communities that meet the wide range of needs throughout the borough. To ensure that the appropriate level of support is available and accessible to the elderly and vulnerable groups in the community, developments must have regard to the proximity of existing communities and facilities to ensure they are accessible by foot as well as public transport where appropriate. The identified settlements are set out in Local Plan (Part One) polices STRAT 3 to STRAT 8 and policy Local Plan (Part Two) policy R 1.

12.55 The Council's draft Vulnerable and Older People's Accommodation Plan (2016 - 2020) states that "poor housing conditions can contribute to physical and mental health problems and people without a home experience some of the worst health inequalities of all". The Local Plan acknowledges the Council's need to promote the delivery of new homes whilst ensuring that they are "well-designed, of high quality, are sustainable and meet the needs of our diverse population".

12.56 Extra care/age restricted accommodation can provide either self contained housing or communal living with on-site care, and support a range of facilities that are designed to assist older people to maintain their independence for as long as possible. Developments that support older and vulnerable people to live healthier and more independent lives are supported. The level of care provision can be flexible in such developments which means the support available is responsive and adaptable to changing needs as required. Developments should be well located in relation to existing services and facilities including accessibility via safe walking and cycling routes where possible.

DM 27 - Student accommodation

Policy DM 27

Proposals for the development of purpose-built student accommodation will be supported in line with Local Plan (Part One) policy SOC 3 where there is a demonstrated quantitative and qualitative need.

New student accommodation must be located within an identified settlement, as identified on the policies map, and within a reasonable walking distance (approximately 1.6 km) of a university or college campus as identified in Local Plan (Part Two) policy CH 4; or with good accessibility to cycling and public transport routes.

The proposed accommodation must provide satisfactory internal living accommodation in terms of daylight, outlook and juxtaposition of living rooms and bedrooms for its residents.

The cumulative impacts of student accommodation proposals must be considered in relation to the surrounding area, and the development must not result in harm to amenity through increased on-street parking, traffic, noise or waste and must contribute towards the creation of balanced sustainable communities.

A management plan must be submitted to support student accommodation proposals to identify and address potential impacts arising from the development. This should include, where required, mitigation measures to ensure a safe living environment for student occupants and residents in the surrounding area.

Where student accommodation becomes vacant / surplus to requirements its reuse for alternative residential accommodation will be considered in line with the relevant development plan policies including affordable housing, access and parking, and amenity.

Explanation

12.57 Local Plan (Part One) policy SOC 3 supports the provision of specialised student accommodation in appropriate, accessible locations, convenient for the facilities at the University of Chester. Additional guidance is provided by the Houses in Multiple Occupation and Student Accommodation Supplementary Planning Document (SPD) that was adopted by the Council on 27 April 2016.

12.58 Purpose built student accommodation is a building specifically designed for occupation by students (either a new building or conversion of an existing building). This type of accommodation may be in the form of halls of residence, cluster flats with some amenities shared, or fully self-contained flats (including studio flats) and can be provided by, or on behalf of an educational establishment, or by a private landlord/developer.

12.59 Applicants must demonstrate a quantitative and a qualitative need for new student accommodation based on robust evidence supported by the University of Chester, and agreed with the Council.

12.60 Local Plan (Part One) policy SOC 3 also supports mixed, balanced and sustainable communities. It is recognised that even with careful planning that the presence of a large number of students in an area can cause community imbalance and issues with community cohesion. Therefore cumulative impacts of student related developments will be an important consideration. It is considered that well designed purpose built accommodation and accompanying management plans can address many of these issues. Management plans must include the following:

  • appropriate security measures, such as security door and window locks, intercom entry systems, lighting, wardens and CCTV, which can all help to make the local environment safer for occupants and reduce opportunities for crime;
  • appropriate soundproofing to address both internal and external noise transmission;
  • appropriate supervision and reporting mechanisms such as a resident tutor within the block or a designated helpline available throughout the day and night to deal with inappropriate behaviour or complaints from occupants and local residents;
  • appropriate means of storing and dealing with waste;
  • appropriate secure cycle storage facilities;
  • an on-site and off-site car parking management plan (including car ownership, parking allocation, servicing and deliveries); and
  • implementation guidance.

12.61 To future proof developments, schemes should be designed to be suitable and able to be adapted to general residential use, taking in to consideration the requirements for parking, open space, general residential amenity, and affordable housing. Developments should be in line with all relevant design and amenity policies set out in the development plan to ensure that new buildings integrate with the local area in relation to the character, built and natural environment.

DM 28 - Houses in Multiple Occupation

Policy DM 28

The change of use from a dwelling to a House in Multiple Occupation (HMO) will be supported where:

  1. the additional HMO would not result in a concentration of HMOs within 50 metres of the property exceeding 15 per cent of the total number of dwellings;
  2. the additional HMO would not result in the sandwiching of an existing single household dwelling between HMOs;
  3. the additional HMO has regard to the amenity standards set out in the Physical Property Standards - Shared houses/flats document published by Cheshire West and Chester Council in 2012 and any relevant standards set by national housing legislation and guidance;
  4. appropriate provision is made for secure cycle parking within the curtilage of the property, where there is sufficient space; and
  5. appropriate provision is made for waste and recycling facilities

Where a proposal is made in a road/street with an existing very high level of HMO properties, the change of use of the remaining properties will be permitted where this would not result in a detrimental change to the overall character of the area, and where the application is supported by evidence that there is no reasonable demand for the existing C3 (dwellinghouse) use.

Explanation

12.62 Houses in multiple occupation (HMOs) provide an important supply of housing for a variety of people including young professionals in house shares as well as for the student population living outside of purpose built student accommodation. However, an increase in the number of people living in a dwelling will increase the demand on services and infrastructure, above the demands of a smaller household size traditionally associated with a C3 dwellinghouse. The impact of increasing the demands on services and increasing the population significantly in a residential must be considered when proposals are made to intensify the number of HMOs in an area.

12.63 The explanatory text to Local Plan (Part One) policy SOC 3 notes the high concentration of HMOs present in areas close to the University of Chester, such as the Garden Quarter area, and areas of Neston, and the potential problems that this can lead to. It notes that the effective management of HMOs is vital including, where necessary, implementing Article 4 Directions to require planning permission for the creation of HMOs.

12.64 Proposals should have regard to the Houses in Multiple Occupation and Student Accommodation SPD which provides additional guidance including a density calculation and potential exceptions to this. This states that where the vast majority (around 80 per cent or more) of existing properties surrounding the application site within the defined area of impact are HMOs, the retention of the remaining C3 dwellings may have little impact on the balance and mix of households.