Metropolitan Borough of Wirral

DRAFT 18/06/04 22:11

Metropolitan ! Borough of Wirral

WIRRAL METROPOLITAN BOROUGH COUNCIL

TOWN AND COUNTRY PLANNING ACT 1990

ALTERATIONS TO THE UNITARY DEVELOPMENT PLAN FOR WIRRAL (INCLUDING MINERALS AND WASTE POLICIES) ADOPTED FEBRUARY 2000

ALTERATIONS TO THE WRITTEN STATEMENT

FIRST DEPOSIT VERSION

JUNE 2004

J Wilkie Deputy Chief Executive Director of Planning & Economic Development

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Section

1. PART ONE Page No 2. 3. Introduction 5 Urban Regeneration 19 Part One Policies 22 PART TWO 4. General Principles Core Strategy and 34 Urban Regeneration 5. Economy and Employment 42 6. Housing 65 7. Green Belt 92 8. Urban Greenspace 103 9. Sport and Recreation 119 10. Tourism and Leisure 142 11. Heritage and Conservation 160 12. Agriculture 186 13. Nature Conservation 195 14. Landscape 211 15. Transport 220 16. Shopping Town Centres and Retail Development 237 17. Waste Management 266 18. Minerals 285 19. Water 292 20. The Coastal Zone 302 21. Pollution and Hazards 314 22. Telecommunications 326 23. Renewable Energy 329 Appendix 1A Relevant Dates Appendix 2 Incorporation of Local Plans Appendix 2A Housing Commitments April 2003 Appendix 3A Index of Part One Policies Appendix 4A Index of Part Two Policies

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1. INTRODUCTION

BACKGROUND

1.1A This document contains the First Deposit Draft Alterations to the Unitary Development Plan for Wirral. The alterations are needed to bring the UDP up- to-date with the latest national and regional policies and to roll the Plan forward from its original end date in March 2001. The Alterations have been published for public consultation and to allow formal objections to be submitted.

1.1B The document has been prepared in accordance with the Town and Country Planning (Development Plan) (England) Regulations 1999, under the transitional arrangements set out in the Planning and Compulsory Purchase Act 2004. The altered Plan will have a life of three years from the estimated date of adoption in Spring 2006 but has been prepared to cover the period to 2016.

THE FIRST UDP FOR WIRRAL

1.1C The first Unitary Development Plan for Wirral (UDP) was adopted in February 2000. It replaced the Merseyside Structure Plan adopted in 1980, the Merseyside Green Belt Local Plan adopted in 1983 and the series of old-style town maps and non-statutory documents prepared by earlier authorities.

1.1D The main context for the first UDP was set by the Secretary of State’s Strategic Guidance for Merseyside published in August 1988, replaced by Regional Planning Guidance for the North West (RPG13) published in May 1996.

1.1E The main public sector regeneration initiatives at that time included the activities of the Merseyside Development Corporation, which closed in December 1998, the City Lands City Challenge Initiative, the Lairdside, Hamilton Quarter, and New Wallasey Single Regeneration Budget programmes, the first rounds of National Lottery funding and the first Merseyside EC Objective One Programme.

1.1F The alterations now set out in this document are intended to update the UDP for the period during the transition to the new development plan system to be introduced by the Planning and Compulsory Purchase Act 2004. They are intended to take the Plan three years past the estimated date of adoption of Spring 2006. The Plan will then be progressively replaced by a series of Local Development Documents, as part of the new-style Local Development Framework.

1.1G A Local Development Scheme setting out the programme for the replacement of the UDP and its associated Supplementary Planning Guidance will be published separately towards the end of 2004.

CONTEXT FOR THE ALTERATIONS

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1.1H The main context for the alterations to the UDP contained within this document is set by

· the review of Regional Planning Guidance for the North West published in 2003; · the Government’s Sustainable Communities: Building for the Future initiative and North West Regional Action Plan published in February 2003; · the Community Strategy for Wirral to 2013: Getting Better Together, adopted by the Council and by the Local Strategic Partnership during October 2003; and · the Regional Investment Sites designated by the North West Development Agency.

1.1J The main public sector regeneration initiatives currently active include Wirral Waterfront Single Regeneration Budget to 2007, the Merseyside EC Objective One Programme to 2006, the Housing Market Renewal Initiative, and the additional funding allocations arising from the Neighbourhood Renewal Fund and the New Opportunities Fund.

1.1K Key strategy documents include the Wirral Tourism Strategy to 2015, the Wirral Economic Regeneration Strategy 2001-2010 and the Strategy for Inner Wirral 2004-2014, prepared for the Housing Market Renewal Pathfinder Initiative “New Heartlands”, based on regeneration priority areas in Birkenhead, Tranmere and Seacombe. Detailed Action Plans are still to be drawn up for the New Heartlands areas.

GENERAL SPATIAL STRATEGY

1.1L The main influence on the wider spatial strategy for the area comes from Regional Planning Guidance for the North West (RPG13, March 2003). RPG13 effectively splits Wirral in two for the purposes of planning policy.

1.1M The settlements to the east of M53 Motorway, including Woodchurch, Leasowe, Wallasey and New Brighton, are included within the North West Metropolitan Area. These areas are intended to accommodate a significant proportion of the new and better housing and other development required to cope with anticipated household growth in the region, coupled with economic development through urban regeneration, the re-use of previously developed land, and creative improvements to the public realm.

1.1M Birkenhead, in particular, is identified as an area where priority will be given to development which will enhance quality of life where there are concentrations of social, economic and environmental problems and where development, regeneration and environmental enhancement must respond to rising aspirations for a better quality of urban life.

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1.1P Outside the North West Metropolitan Area, in settlements such as Heswall, Pensby, Irby, Caldy, West Kirby, Hoylake, Moreton, Upton, Greasby and Thornton Hough, provision for housing and other land uses should be based principally on meeting the needs of the area’s current population and its housing needs. Demand for housing and other land uses over and above local needs should continue to be resisted in these areas to support the urban regeneration of the North West Metropolitan Area.

1.1Q The Government will, in addition, expect all planning-related policies and initiatives to be aimed in order to support regeneration within the Housing Market Renewal Pathfinder Areas at the core of the Merseyside conurbation.

1.1 Unitary Development Plans (UDP) were introduced for metropolitan areas by the Local Government Act 1985. The provisions have now been re-enacted within the Town and Country Planning Act 1990, as amended by the Planning and Compensation Act 1991.

1.2 The process of preparing a UDP is set out in Government regulations. This includes specific provision for public consultation, for the registering of objections and for duly made objections to be considered at a public inquiry. The relevant dates for each stage in the preparation of the UDP for Wirral are set out in Appendix 1 to this document.

1.3 This document is the amended Written Statement, which, together with the accompanying Proposals Maps, now forms the finally adopted version of the UDP. It is the sole land-use planning policy framework for the Borough, being the only statutory Development Plan for the area.

1.4 The document incorporates the former Merseyside Green Belt Local Plan (with additions and amended policies), and supersedes the following Plans, which are now no longer in force:-

· The Merseyside Structure Plan · The Wallasey Town Map · The Birkenhead Town Map · The Hoylake Town Map · The Heswall Town Map · The Ellesmere Port Town Map (part of) · The Neston Town map (part of) · All other non-statutory local plans.

1.5 This document also supersedes all previous versions of the UDP. The following documents should, therefore, no longer be used as an official statement of the Council’s planning policies:

· Issues and Draft Part One Polices (1990) · Draft for Public Consultation (1992)

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· Deposit Draft (1994) · First Proposed Alterations (1995) · Second Proposed Alterations (1996) · Third Proposed Alterations (1996) · Proposed Modifications (1998) · Further Proposed Modifications (1999)

HISTORICAL PERSPECTIVE

1.6 Mentioned in the Doomsday Book, Wirral was once an area of medieval villages and hamlets, engaged in fishing and farming. The key to Wirral's development throughout the ages has been enhanced communications, starting with the granting in 1330, by Edward III, of a charter establishing the original ferry over the Mersey from the Priory in Birkenhead.

1.7 In the 1820's steam-powered boats were introduced into the ferry service. Increased reliability encouraged Liverpool businessmen and merchants to establish homes in Wirral, which in turn led to industrialisation, particularly along the Mersey coast.

1.8 John Laird, in 1824, built a boiler and ironworks on the Mersey shore, which later became the famous shipyard of Cammell Lairds. Wirral's first railway was built in 1840, planned by George Stephenson, and connected Birkenhead with Chester.

1.9 Such improvements encouraged the growth of Wirral: Birkenhead and Wallasey grew into large towns, and houses were also built at Rock Ferry, New Ferry, Seacombe, Egremont and New Brighton around extra terminals added to the expanded ferry service. The year 1847 saw the opening of Birkenhead's first docks, and its municipal park, the first in Britain.

1.10 The first chemical works to be established at Bromborough was Price's Candle Works in 1854, with the world-famous Lever Bros. factory being established in the 1880's.

1.11 If the ferry opened up Wirral, it was the Mersey railway which led to its explosive development in the late nineteenth and early twentieth centuries. Started in 1886 (the first underwater railway in the world), it connected Birkenhead, Wallasey and West Kirby with Liverpool, and by 1891 had extended to Rock Ferry.

1.12 Such development continued apace, reaching its peak in the 1960's, when the population reached 360,000 and unemployment was around 2.5%. Since then, there has been a steady if unspectacular decline.

1.13 The present Borough covers an area of some sixty square miles and its peninsular setting, bounded by the Rivers Mersey and Dee, and the Irish Sea to east, west and north respectively, has strongly influenced settlement patterns.

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The Mersey side of the Borough is the focus for intensive industrial and residential development, whereas the hamlets and villages of the Dee side of the peninsula have grown into dormitory settlements for workers in Birkenhead, Liverpool, Ellesmere Port and Chester. In between, there are areas of agricultural land, with some areas of special landscape value, which are all protected by Green Belt designation.

1.14 Between 1981 and 1991, the Borough's population fell from 338,954 to 330,795, a decrease of 2.4%. This was due primarily to lowering birth rates and net outward migration. Although significant, the rate of loss was in fact the lowest of the five Merseyside Districts. The overall figure masks significant spatial differences: Bidston Ward experienced a 20.8% decrease, whereas Royden Ward, where there has been substantial house building in the decade, showed a population increase of 12.6%. The population profile is that of an increasingly ageing population, particularly in the most elderly groups.

1.15 The same decade has seen substantial sectoral change in employment within the Borough. Overall, employment fell by 14.5%. Manufacturing employment exhibited a disturbing decline of 27.5%, and service employment failed to compensate in any way, actually showing a decline of 3.4% over the decade. In fact only one of the ten Standard Industrial Categories exhibited an increase - SIC 9 (Other Services) increased by 8.7%.

1.16 The substantial decline in manufacturing is further illustrated in that in 1981 it accounted for 27.5% of all employment: by 1991 this had reduced to 23.3%. Services, although declining in absolute terms, exhibited the opposite trend - 63.5% of total employment in 1981, which had risen to 71.8% in 1991.

1.17 One result of this situation has already been referred to - that of population loss, and particularly loss of population of working age, seeking jobs in other areas of the country or abroad. In addition, the level of unemployment is directly correlated to employment decline. In December 1993, registered unemployment in the Borough was 14.9%, well over one-and-a-half times the national average. In some Wards of the Borough the situation is chronic - for example, Birkenhead Ward had an overall unemployment rate of 35%, with male unemployment at 52%.

1.18 The Council is committed to doing all in its power to alleviate this situation, through corporate action. Measures are briefly outlined later in this introduction. The UDP has a limited, but important role in this process, by allocating sufficient land of the right size, type and location to foster economic development.

PLAN FORMAT

1.19A The alterations to the UDP follow the same format as the previous Plan. The UDP is produced in two parts. Part One contains a statement of the Plan's aims

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and strategy, together with general, Borough-wide policies. Part One must have regard to:-

· national and regional planning policies; · Strategic Guidance issued by the Secretary of State; · the plans and proposals of the Merseyside Development Corporation; · the resources likely to be available; · social considerations.

1.20 Part Two translates the Part One general policies into more specific policies and proposals for specific areas or individual sites. Part Two also contains reasoned justifications for all the policies and proposals in the Plan, and a detailed Proposals Map. Part Two must be in general conformity with Part One.

1.21 The format of this document, therefore, follows the above requirements. Part One comprises this introductory section, and the general Borough-wide planning policies. Part Two repeats the general policies with their reasoned justification and then defines more detailed policies and proposals, with their reasoned justifications, under twenty-three topic headings.

1.22 For clarity, Part One general policies are printed in upper case bold type with a three-letter prefix related to the appropriate topic heading, and printed in a box in the format ABC1. The more detailed Part Two policies and proposals are printed in lower case bold type, with a two letter prefix in the format XY2.

1.22A In terms of the Alterations to the UDP, deleted text is shown struck-through in the format “deleted text” and new text is shown underlined in the format “new text” The Alterations to the Proposals Map are available in a separate map book. To be duly made, objections and representations must focus on the alterations proposed and the implications for other parts of the Plan that are not being altered. Objections cannot, however, be made on the basis that the Local Planning Authority has decided not to alter a particular policy.

1.22B Copies of a standard objection form can be obtained from the Planning and Economic Development Department, Municipal Offices, North Annex, Brighton Street, Wallasey, Wirral, CH44 8ED, telephone 0151 691 8218 or from [email protected]

1.22C To de duly made, objections should be made in writing, by post, e-mail or fax, marked for the attention of the Forward Planning Team, and arrive at the above address no later than 17.00 hours on [xxxxxxxx] 2004. Objections that are duly made will have the right to be heard before an independent inspector at public inquiry.

SUPPLEMENTARY PLANNING GUIDANCE

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1.23 Throughout the Plan there are references to Supplementary Planning Guidance Notes. Whilst these are not part of the Unitary Development Plan and cannot be used to determine applications, they do provide guidance to the public in interpreting the Plan's policies. They are available from the Council's Planning and Economic Development Department and are reviewed as and when necessary.

TIMESCALES

1.24A The Alterations to the UDP have been drawn up to covers the period up to 200116 but, in practice, will only remain in force for three years, following an estimated date of adoption in Spring 2006. In the intervening period, to 2009, the Plan will be progressively replaced by the documents prepared as part of Wirral’s first Local Development Framework. This represented the end date of the Secretary of State’s Strategic Planning Guidance for Merseyside.

1.24B The estimated production timetable for the alterations to the UDP will be:

First Deposit Alterations July 2004 (Objections submitted by 17.00 hours on [xxxxxxxxxx] 2004)

Revised Deposit Alterations January 2005 (Followed by a further six week period for counter-objections)

Public Inquiry Summer 2005

Adoption Spring 2006

PLAN STRATEGY AND THE CORPORATE APPROACH

1.25 The UDP sets out planning policies to guide development in the 1990's. The Plan's strategy is based on three themes:-

· building on Wirral's assets to develop its economy; · regenerating the older urban area; and · improving and protecting the environment.

1.26 Underlying these three main themes is the guiding principle for the UDP - that of urban regeneration. Strategic Guidance specifically identifies the promotion of urban regeneration as a key objective for the UDP.

1.27 Urban regeneration is a corporate strategy of the Council. To achieve its objectives, all the Council's spending programmes and initiatives need to be co- ordinated and directed within a robust strategy. This intention is re-iterated in recent government guidance on urban renewal.

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1.28 The UDP has an important but limited role within this process. The Plan is limited to issues directly related to the use and development of land. It provides the land use framework guiding new development and environmental improvements, either through allocations of land for particular purposes or by defining criteria governing the location and design of new development. In this sense, the UDP provides the co-ordinating strategy for urban regeneration within the Borough. The emphasis in spending programmes must conform to the land- use strategy set out in this statutory document.

1.29 The co-ordinated approach to urban regeneration is reflected throughout the UDP. It provides the land use context for the Council's spending programmes and reflects the following initiatives:

1.30 Economic Development Plan. Prepared annually, the EDP sets out the budget and action to achieve the goal of improving the economic position of Wirral residents, by tackling unemployment and poverty, achieving urban regeneration, fostering business development, attracting inward investment through the EuroWirral marketing programme, encouraging the growth in tourism and supporting regional economic development initiatives.

1.31 Housing Investment Programme. Prepared annually as part of the Housing Strategy (see below), the HIP sets out the Council's programme for the upgrading and diversification of the existing housing stock, and costs the programme as a bid for resources from Central Government to carry out the programme.

1.32 Housing Strategy to 2000. Updated annually in consultation with a wide range of organisations having an interest in housing provision. It sets out a framework within which the major issues affecting the quality and supply of housing in Wirral can be addressed, and prioritises suggested solutions to the problems so identified.

1.33 Transport Policies and Programme. Produced annually to cover a five-year rolling programme on which capital allocations and grants are established. It covers major highway schemes, minor highway improvements and road safety schemes. There is a close relationship between the TPP and the UDP, the latter forming the broad strategy within which specific TPP schemes are identified.

1.34 Leisure Development Strategy. Produced by the Leisure Services and Tourism Department. It covers the Council's policies and proposals in a series of five year development plans, covering parks and open spaces, tourism, sport and recreation, children's play, community centres and libraries.

1.35 Derelict Land Programme. Until March 1993, Wirral was a rolling programme Authority for derelict land grant, but this status has now ceased. The programme continues to be executed, however, with grants totalling £400,000 being available for this financial year from Central Government.

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1.36 Urban Programme. Wirral has been an Urban Programme Authority since the late 1970's, with funds available for eligible schemes in the designated Inner Urban Area and some of the outer Council Estates. Funding has been severely curtailed in the current year, being replaced by City Challenge and Urban Partnership initiatives, and the Single Regeneration Budget.

1.37 Urban Partnership Initiative. Inaugurated last year by Central Government, Wirral has been successful in getting one small scheme accepted for funding - at Railway Road, Rock Ferry. As the name implies, the essence of the initiative is to take action in partnership with the private sector.

1.38 Coastal Management Policy. Produced by the Leisure Services and Tourism Department. The policy document examines the use and management of the Wirral coast, identifying problems and opportunities for improvement as and when resources permit.

1.39 City Challenge Programme. Wirral was one of the successful "pacemaker" Authorities for City Challenge funding. A comprehensive five-year programme of initiatives is now well established in partnership with the private sector and local community groups in the central and north Birkenhead and south Wallasey areas.

1.40 Waste Management Strategy and Plan for Recycling. The Council has adopted a waste management strategy in December 1992, which is reflected in the waste management section of the UDP. The Plan for Recycling identifies opportunities and further studies for the Council's statutory duty to achieve recycling of 25% of municipal waste by the end of the century.

NATIONAL AND REGIONAL CONTEXT

1.41 The UDP is produced in the light of national and regional planning policies. This is a requirement of the legislation, and the UDP, therefore, takes account of:

· Legislation and White Papers, such as the Town and Country Planning Act 1990, as amended by the Planning and Compensation Act 1991, and "This Common Inheritance", published during 1990; · Relevant Statutory Instruments · Planning and Minerals Policy Guidance Notes · Relevant Government Circulars · Advice to the Secretary of State from the North West Regional Association on North West Regional Planning Guidance · Strategic Planning Guidance for Merseyside (PPG11, 1988)

STRATEGIC PLANNING GUIDANCE FOR MERSEYSIDE - SUMMARY OF MAIN REQUIREMENTS

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1.42 Strategic Planning Guidance for Merseyside was published by the Secretary of State for the Environment in August 1988. The main requirements are summarised in the following paragraphs.

1.43 Revitalising the sub-regional economy in general and promoting urban regeneration in particular are key objectives for Merseyside (paragraph 2).

1.44 UDPs should be based on a realistic assessment of economic demand, and of the public and private sector resources likely to be available to meet it. As far as possible UDPs should allocate sufficient industrial and commercial land to provide a wide choice of size, type and location of site (paragraph 3).

1.45 UDPs should be clear and succinct, and should facilitate development as well as protecting the environment (paragraph 4).

1.46 Wirral's UDP should provide for a basic requirement of 9,500 new dwellings between April 1986 and March 2001 (paragraph 6).

1.47 The main objectives of the Merseyside Green Belt are to check urban sprawl, safeguard valuable countryside and assist urban regeneration. There is no need for a general review of the Green Belt, but the preparation of UDPs provides the opportunity to give precision to the detailed boundaries of the Green Belt where those have not yet been clearly defined (paragraph 8).

1.48 Councils should plan to make full use of land within the existing built-up area, especially through bringing back into use neglected or derelict land. Such development as cannot be catered for within the present built-up area should be located in areas not covered by Green Belts. Alterations to Green Belt boundaries should be considered only when it can be clearly demonstrated that an area of land within the existing Green Belt boundary no longer makes a significant contribution to the objectives of the Green Belt (paragraph 9).

1.49 Established conservation policies in Merseyside should be given special attention in UDPs (paragraph 10).

1.50 The Councils should consider measures to foster diversification of the rural economy (paragraph 11).

1.51 The development of tourism is important for Merseyside not least in relation to urban regeneration. UDPs should safeguard existing tourism assets and promote new tourism development opportunities through their UDPs (paragraph 13).

1.52 Existing town centres should continue to be the main focus for the provision of shopping facilities (paragraph 15).

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1.53 UDPs should show where there are presumptions for and against mineral working, and introduce or retain safeguards against sterilisation of important mineral resources by other forms of development (paragraph 21).

1.54 UDPs should have regard to the policies of the Merseyside Waste Disposal Plan. They should indicate areas suitable and not suitable for new opportunities for landfill, and set out criteria for assessing the land use and environmental implications of proposals (paragraph 22).

1.55 Good road and rail communications are essential to the success of Merseyside. UDPs should define their main road network and identify proposed new links and major improvements (paragraphs 23, 24).

1.56 Ready access by public transport to jobs and shops and for recreation is important. UDPs should allow for improvements to public transport. Cross-river transport links are also vital for Merseyside (paragraphs 26, 27).

1.57 The port complexes within and adjoining Merseyside are key features in the sub- regional economy (paragraph 29).

1.58 There will be a need to monitor a changing situation. Councils should pay particular attention to:

· the scale and pace of urban regeneration; · trends in the factors affecting housing provision in the County; · the success of the Green Belt in restricting the outward growth of the built-up areas and re-directing development to inner city areas; · the effects of shopping development outside existing centres on the shopping and other functions of those centres and on the shopping public (paragraph 32).

THE LOCAL CONTEXT

1.59 The UDP will replace all existing policy planning documents, eg The Merseyside Structure Plan, Merseyside Green Belt Plan and the 'old style' Development Plans.

1.60 The policies and proposals of the UDP are therefore formulated to take account of the local planning context. The following Development Plans of adjoining Local Authorities' have been taken into account in the UDP:

· Cheshire Replacement Structure Plan 1993 · Ellesmere Port and Neston Local Plan (excluding Mersey Marshes Local Plan) 1994 · Clwyd Replacement Structure Plan - Draft for Consultation 1994 · Delyn Borough Local Plan 1993 · Sefton MBC Unitary Development Plan - Deposit Draft 1991

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· Liverpool City Council Unitary Development Plan - Draft for Consultation 1994.

1.61 A number of other local initiatives or agencies are also reflected within the UDP:

1.62 The North West Regional Association. A consortium of all Local Authorities in the region. It has already commissioned a North West Economic Strategy and a Regional Transport Strategy, and is instrumental in the preparation of Regional Planning Guidance which will guide the longer term plan making process.

1.63 The Merseyside Development Corporation. Established in 1981 and substantially extended in area in 1988, the Corporation has published Development Strategies for its areas of responsibility in Birkenhead and New Brighton. Although not a statutory plan-making body, the legislation requires the UDP to take account of the Corporation's plans and proposals.

1.64 Merseyside Strategic Sites and Premises Study. This was commissioned by the Merseyside Authorities' to identify employment sites of sub-regional significance for attracting employment-generating investments. One such site within Wirral's UDP area is so identified.

1.65 Merseyside Integrated Transport Study. The intention of this study has been to produce an integrated land use and transport strategy over a twenty year period, in order to aid the realisation of economic growth.

1.66 Above all, the UDP is a plan for people. A wide range of community groups were consulted at the draft Plan stage, and many of their comments have been incorporated into the Plan. The Council recognises that for urban regeneration to succeed, there needs to be co-ordinated action involving the Council, the private sector and all sectors of the community acting in partnership. The way forward in this respect has been pioneered in Wirral's City Challenge initiative, where close co-operation between the Council and two organisations ensures full community involvement. These organisations are:

· The Wirral Investment Network - consisting of representatives of industrial concerns within Wirral

· The Community Action Network - consisting of representatives of community groups within the City Challenge area, and also those with a wider remit within the Borough

RESOURCES

1.67 The UDP is required to have regard to the resources likely to be available. It is therefore based on a realistic assessment of economic demand, and of the public and private sector resources likely to be available to meet it, although precise estimates cannot be made to the year 2001.

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1.68 The UDP recognises the constraints on Council finances through its main spending programmes, although it will seek to progress its aims and objectives as far as possible within these constraints. In addition, the following urban regeneration initiatives are taken account of:

· City Challenge - £37.5 million between 1992 and1997 · Merseyside Development Corporation programmes · Urban Programme allocations (Single Regeneration Budget from 1995) · Urban Partnership allocations · Additional support for Housing Investment and Estate Action · Derelict Land Grant - approximately £5 million · Transport Supplementary Grant - approximately £18 million · Objective One status (EU - from January 1994) · Urban Regeneration Agency (English Partnerships) · Forthcoming National Environment Agency

1.69 Urban regeneration cannot succeed without substantial levels of private sector investment. The purpose of the above funding regimes, together with the Council's main spending programmes, is to provide infrastructure and environmental improvements in the priority areas, in order to attract private investment to revitalise the areas suffering the worst economic, environmental and social conditions. Partnership with the private sector and the local communities is therefore a key ingredient.

MONITORING

1.70 Strategic Guidance requires that the policies and proposals of the UDP should be monitored throughout the Plan period. In particular, the Council will monitor progress of the following:

· the scale and pace of urban regeneration · trends in the factors affecting housing provision · the success of the Green Belt in restricting the outward growth of the built up area and redirecting development to the urban area · the effects of shopping development outside existing centres on the shopping and other functions of those centres and on the shopping public · the take-up of industrial land

1.71 Monitoring is essential to test the continuing validity of the policies and proposals in the UDP. In addition to the priorities outlined above, of particular concern is the maintenance and enhancement of environmental quality. To this end, policies and proposals will be subject to environmental audit, and the monitoring process will continue to test the Borough's quality of environment by this means.

SUSTAINABILITY

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1.72A Throughout the UDP, both the overall strategy and the individual policies and proposals are formulated to be compatible with the principles of sustainable development. These principles are now also enshrined within the national and regional policies on which this document has been based.

1.72B An independent Sustainability Appraisal of the Unitary Development Plan adopted in February 2000 has been prepared to feed into and inform the alteration process. The alterations set out within this document have been drawn up, wherever possible, to improve the sustainability of the Plan strategy. A separate matrix setting out how the Sustainability Appraisal has been incorporated within the alterations is available for inspection alongside this document. In particular, the urban regeneration strategy emphasises sustainable development by:

· providing new homes and other buildings within the built-up area and thus respecting the needs of food production and environmental objectives; · using already-developed areas in the most efficient way, whilst making them more attractive places to live and work; · conserving the natural resources of wildlife and landscape, with particular emphasis on safeguarding those identified as being of special interest or national and international importance; and · concentrating new development and thereby minimising the use of energy consumption by reducing travel distances.

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2. URBAN REGENERATION

THE GUIDING PRINCIPLE FOR THE UDP

2.1 Strategic Planning Guidance for Merseyside specifically identifies the promotion of urban regeneration as a key objective for the UDP. The policies and proposals within the UDP taken together are designed to address, in land-use terms, the objectives of urban regeneration which include:

· concentrating new building and investment within the existing built-up area; · restraining building at the fringe of the urban area; · treating for redevelopment derelict or vacant land; · concentrating resources to upgrade and replace obsolete urban fabric; · fostering private investment; · providing a lasting improvement to the local environment; and · developing and enhancing existing and new public and community facilities.

2.2 Urban regeneration is a long-term strategy for physical, economic and environmental revitalisation of the Borough, and particularly those parts experiencing the most disadvantage. It is a corporate strategy dealing with the social and economic fabric of Wirral, as well as its physical condition. The main justification for this emphasis is that in a substantially built-up area, any other development strategy would represent a serious waste of past levels of investment and existing infrastructure.

2.3 The Urban Regeneration Strategy has been followed in Wirral since the late 1970's and was formally expressed within the Merseyside Structure Plan. The UDP provides another opportunity to focus attention and give urban regeneration a realistic local expression within land-use planning policy.

2.4 The Strategy has strong support both locally and nationally. This is reflected by the wide range of initiatives and organisations operating within the Borough. These include Merseyside Development Corporation, Government Office on Merseyside, Wirral Task Force (DTI), City Challenge Initiative, Objective One status, Urban Programme, Urban Partnership, City Grant, Derelict Land Grant and Assisted Area status. It is sensible to pursue the Strategy in order that past achievements and investments can be consolidated and expanded.

2.5 Urban regeneration does not imply retaining the existing urban fabric at all costs, except where Wirral's heritage is threatened. Nevertheless, whilst large areas of land within the urban areas remain vacant and underused there is little justification for developing new greenfield sites outside the existing built-up area. The emphasis of the Strategy is, therefore, to put the heart back into run down areas which are not reaching their full potential, whether they be industrial heartlands, housing areas or parks and open spaces. In this sense the Urban Regeneration Strategy embraces all sections of the UDP, providing the basis

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upon which the policies and proposals are formulated and directing the way in which they will be implemented.

2.6 Policies of development restraint outside the urban areas are of vital importance in directing development and investment to the areas of greatest need. Such policies are contained within the UDP, with particular emphasis given to maintaining a "tight" Green Belt in Wirral. It is through the dual approach of establishing priority areas for investment and operating restraint outside the urban areas that the Urban Regeneration Strategy can be successful.

PRIORITY AREAS

2.7 Priority areas for urban renewal have justifiably remained unchanged since the late 1970's. They comprise the designated Inner Urban Area and the Outer Council Estates. Whilst not all parts of these areas may suffer from reduced social or environmental standards, the boundaries have been drawn to include the main areas of the Borough where social and environmental conditions are poorest and where older urban fabric is in most need of renewal. Urban regeneration is not a short-term goal but a long-term commitment. In many areas action needs to be continued if the benefits of past improvements are to be sustained.

2.8 The priority area approach is not intended to totally preclude action or investment outside designated areas. Indeed, carefully controlled development outside the areas can often directly support local improvements by providing jobs, contributing to a general buoyancy in the economy or by providing facilities that could not reasonably be provided elsewhere.

TARGET AREAS

2.9 If resources are spread too thinly, there is a danger that action to tackle problems will be insufficient and therefore ineffective. Therefore, the Council has set further priorities and timescales in terms of target areas within the priority areas. By concentrating investment within these smaller areas, problems of deprivation can be tackled systematically to foster confidence and generate momentum.

2.10 In addition to the designated areas of the Merseyside Development Corporation, the Council will continue to designate Neighbourhood Renewal Areas, under the Local Government and Housing Act 1989. Within these Areas, action to tackle a range of housing, environmental, employment and social problems will be undertaken using a wide range of public spending programmes.

2.11 Furthermore, the Council has also identified special initiative areas for extra investment, supplemented by the City Challenge Initiative for central and north Birkenhead and south Wallasey. Taken together, these areas comprise the

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target areas for public expenditure throughout the UDP period within the Urban Regeneration Strategy.

PLANNING OBLIGATIONS

2.12 The use of planning obligations through legal agreements with developers, entered into under Section 106 of the Town and Country Planning Act 1990, should be applied in support of the Urban Regeneration Strategy. There is scope for achieving local benefits through this procedure. The UDP, however, cannot be prescriptive. The Local Planning Authority will seek such agreements in appropriate circumstances and Policy URN2, which can be found in Section 4 of the Plan, sets out the Council’s general approach.

2.13 It must be recognised, however, that there are not likely to be many opportunities to secure planning gains on the scale being offered in other parts of the Country where the development industry is more robust. Similarly, the opportunities for unilateral undertakings by a developer will be severely limited.

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3. PART ONE POLICIES

GENERAL PRINCIPLES CORE STRATEGY AND URBAN REGENERATION (PART TWO SECTION 4)

POLICY URN1A - DEVELOPMENT AND URBAN REGENERATION IN CONSIDERING DEVELOPMENT PROPOSALS, THE LOCAL PLANNING AUTHORITY WILL BE GUIDED BY THE GENERAL PRINCIPLES OF THE URBAN REGENERATION STRATEGY IN THE NORTH WEST METROPOLITAN AREA AND SUSTAINABLE DEVELOPMENT. IN PARTICULAR, THE LOCAL PLANNING AUTHORITY WILL BE CONCERNED TO ENSURE THAT: (i) FULL AND EFFECTIVE USE IS MADE OF LAND WITHIN THE URBAN AREAS; (ii) NEGLECTED, UNUSED OR DERELICT LAND OR BUILDINGS ARE BROUGHT INTO USE; (iii) THE NEED FOR NEW SERVICES IS MINIMISED BY PROMOTING THE USE OF SPARE CAPACITY IN EXISTING SERVICES; WHILST: (iv) THE FOLLOWING TYPES OF LAND OR BUILDINGS ARE PROTECTED FROM INAPPROPRIATE DEVELOPMENT: - SITES IN THE APPROVED GREEN BELT; - THE BEST AND MOST VERSATILE AGRICULTURAL LAND AND VIABLE FARM HOLDINGS; - AREAS OF SPECIAL LANDSCAPE VALUE; - SITES OF ECOLOGICAL OR NATURE CONSERVATION IMPORTANCE; - SITES IDENTIFIED AS URBAN GREENSPACE OR GREENSPACE FEATURES WITHIN OTHER SITES; - SITES CURRENTLY REQUIRED FOR RECREATIONAL PURPOSES - LISTED BUILDINGS; - OTHER BUILDINGS OR FEATURES OF ARCHITECTURAL OR HISTORIC INTEREST; AND - CONSERVATION AREAS.

(The Reasoned Justification for this Policy can be found in Part Two on page 35).

POLICY URN2 - PLANNING AGREEMENTS FOR URBAN REGENERATION IN APPROPRIATE CIRCUMSTANCES, THE LOCAL PLANNING AUTHORITY WILL SEEK TO NEGOTIATE PLANNING OBLIGATIONS THROUGH AGREEMENTS WITH DEVELOPERS UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990, WHERE SUCH AGREEMENTS MAY ASSIST IN SECURING THE BEST USE OF LAND, DESIRABLE COMMUNITY BENEFITS AND A PLANNED, SUSTAINABLE ENVIRONMENT.

(The Reasoned Justification for this Policy can be found in Part Two on page 42).

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ECONOMY AND EMPLOYMENT (PART TWO SECTION 5)

POLICY EMP1A - PROVISION OF EMPLOYMENT LAND A TOTAL OF 185.0 HECTARES OF LAND WILL BE ALLOCATED FOR EMPLOYMENT USES. THIS IS MADE UP OF THE FOLLOWING: (i) TWO SPECIAL DEVELOPMENT OPPORTUNITY SITES IN THE BIRKENHEAD AREA TOTALLING 63.8 HECTARES; (ii) 99.0 HECTARES FOR GENERAL EMPLOYMENT USES PRINCIPALLY IN THE BIRKENHEAD/ WALLASEY/ BROMBOROUGH AREAS; AND (iii) 21.6 HECTARES FOR THE EXPANSION OF EXISTING FIRMS. A MINIMUM OF 130 HECTARES OF LAND WILL BE RESERVED FOR INDUSTRIAL-RELATED EMPLOYMENT PURPOSES TO PROVIDE FOR A RATE OF DEVELOPMENT OF 10 HECTARES EACH YEAR IN THE PERIOD TO 2016. NEW INVESTMENT, DEVELOPMENT AND EMPLOYMENT GENERATION WILL BE DIRECTED TO PREVIOUSLY DEVELOPED LAND WITHIN THE NORTH WEST METROPOLITAN AREA AND TO LAND RESERVED FOR STRATEGIC PURPOSES AT: (i) THE WIRRAL INTERNATIONAL BUSINESS PARK REGIONAL INVESTMENT SITE; AND (ii) THE BIRKENHEAD TWELVE QUAYS REGIONAL INVESTMENT SITE. RETAIL, HOUSING AND LEISURE USES WILL NOT BE PERMITTED ON LAND WITHIN DESIGNATED REGIONAL INVESTMENT SITES OR ON OTHER LAND SPECIFICALLY ALLOCATED AS AN EMPLOYMENT DEVELOPMENT SITE.

(The Reasoned Justification for this Policy can be found in Part Two on page 43)

HOUSING (PART TWO SECTION 6)

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(iii) APRIL 2011-MARCH 2016 800 DWELLINGS AT AN ANNUAL AVERAGE OF 160 NET DWELLINGS PER ANNUM. IN EACH PHASE OF THE PLAN AT LEAST 65% OF NEW DWELLINGS BY NUMBER WILL BE PROVIDED ON PREVIOUSLY DEVELOPED LAND.

(The Reasoned Justification for this Policy can be found in Part Two on page 67)

POLICY HSG1B – SOURCES OF NEW DWELLINGS APRIL 2001 TO MARCH 2011

LAND TO ACCOMMODATE THE HOUSING REQUIREMENT OF 160 NET NEW UNITS PER YEAR WILL COME FROM THE FOLLOWING SOURCES:

Brownfield Greenfield Total

(i) New dwellings completed 921 241 1162 April 2001-March 2003

(ii) Units not started and under 669 422 1091 construction on sites under construction at April 2003

(iii) Units with planning permission 500 72 572 on sites not started at April 2003

(iv) Units on sites 1009 90 1099 allocated for residential development

(v) Net change from conversions 250 0 250 April 2003-March 2008

Percentage of supply from land type 80% 20% 100%

TOTAL SUPPLY 2001-2011 3349 825 4174

(The Reasoned Justification for this Policy can be found in Part Two on page 70)

POLICY HSG2 - AFFORDABLE HOUSING

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WHERE APPROPRIATE, THE LOCAL PLANNING AUTHORITY WILL NEGOTIATE WITH DEVELOPERS AND HOUSING ASSOCIATIONS, TO ENCOURAGE THE PROVISION OF AN ELEMENT OF AFFORDABLE HOUSING, ON SITES ALLOCATED FOR NEW HOUSING DEVELOPMENT AND ON SITES NOT ALLOCATED BUT WHICH COME FORWARD FOR DEVELOPMENT. THE LOCAL PLANNING AUTHORITY WILL SEEK TO ENSURE THAT SUCH NEGOTIATED AFFORDABLE HOUSING IS RESERVED FOR THOSE MOST IN NEED THROUGH THE USE OF LEGAL AGREEMENTS. (The Reasoned Justification for this Policy can be found in Part Two on page 83)

GREEN BELT (PART TWO SECTION 7)

POLICY GBT1 - GREEN BELT BOUNDARIES THERE WILL BE AN AREA OF GREEN BELT IN WIRRAL. ITS BOUNDARIES ARE AS SHOWN ON THE PROPOSALS MAP.

(The Reasoned Justification for this Policy can be found in Part Two on page 95)

URBAN GREENSPACE (PART TWO SECTION 8)

POLICY GRE1 - THE PROTECTION OF URBAN GREENSPACE THE LOCAL PLANNING AUTHORITY WILL REGULATE THE SUPPLY AND DISTRIBUTION OF ACCESSIBLE PUBLIC OPEN SPACE AND OTHER LAND WITH AMENITY VALUE BY PROTECTING A NETWORK OF OPEN SPACES WHICH ARE CLOSE TO WHERE PEOPLE LIVE, LOCATED WITHIN A COMFORTABLE WALKING DISTANCE FROM THEIR HOMES, AND WHICH PROVIDE FOR A RANGE OF RECREATIONAL OPPORTUNITIES WITHIN EACH AREA OF THE BOROUGH. WITHIN THE URBAN AREA THE LOCAL PLANNING AUTHORITY WILL IN PARTICULAR PROTECT FROM INAPPROPRIATE DEVELOPMENT: (i) AREAS OF MATURE PARKLAND; (ii) AREAS SUITABLE TO ACCOMMODATE A RANGE OF FORMAL OR INFORMAL RECREATIONAL PURSUITS, INCLUDING PITCH SPORTS; (iii) LINEAR PARKS AND WALKWAYS GIVING OFF-ROAD ACCESS BY FOOT THROUGH THE URBAN AREA OR LINKING URBAN OPEN SPACES; AND (iv) AREAS OF VISUAL IMPORTANCE TO THE LOCALITY OR WIDER AREA (WITH OR WITHOUT DIRECT PUBLIC ACCESS).

(The Reasoned Justification for this Policy can be found in Part Two on page 107)

SPORT AND RECREATION (PART TWO SECTION 9)

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POLICY REC1A - PRINCIPLES FOR SPORT AND RECREATION NEW FACILITIES FOR SPORT AND RECREATION WILL BE DIRECTED TOWARDS THE EXISTING URBAN AREA, AND TO LOCATIONS WHERE THEY THAT ARE EASILY ACCESSIBLE BY PUBLIC TRANSPORT A CHOICE OF MEANS OF TRANSPORT. OUTSIDE THE URBAN AREAS PROVISION WILL BE RESTRICTED TO FACILITIES FOR OUTDOOR SPORT AND OUTDOOR RECREATION WHICH PRESERVE THE OPENNESS OF THE GREEN BELT AND TO FACILITIES WHICH CAN BE ACCOMMODATED WITHIN AN EXISTING BUILDING. THE LOCAL PLANNING AUTHORITY WILL IN PARTICULAR SEEK TO SAFEGUARD EXISTING FACILITIES OF WIRRAL WIDE IMPORTANCE FOR SPORT AND THE DISTRIBUTION OF FACILITIES CAPABLE OF PROVIDING FOR TOP LEVEL SPORTING COMPETITION.

(The Reasoned Justification for this Policy can be found in Part Two on page 123)

TOURISM AND LEISURE (PART TWO SECTION 10)

POLICY TLR1A - PRINCIPLES FOR TOURISM DEVELOPMENT PROPOSALS FOR TOURIST ATTRACTIONS AND VISITOR FACILITIES SHOULD BE DIRECTED TOWARDS URBAN AREAS OUTSIDE THE PRIMARILY RESIDENTIAL AREA, AND ESPECIALLY TO: (i)A THE EXISTING RESORTS OF NEW BRIGHTON, AND WEST KIRBY, AND HOYLAKE; (ii) THE CENTRAL AND COMMERCIAL AREAS OF BIRKENHEAD; AND (iii)A LAND ALONG THE WIRRAL MERSEY WATERFRONT AND IN OTHER URBAN COASTAL LOCATIONS. TOURIST ATTRACTIONS AND VISITOR FACILITIES OUTSIDE THE URBAN AREAS WILL BE RESTRICTED TO FACILITIES WHICH CAN BE ACCOMMODATED WITHIN AN EXISTING BUILDING AND TO USES OF OPEN LAND WHICH PRESERVE THE OPENNESS OF THE GREEN BELT.

(The Reasoned Justification for this Policy can be found in Part Two on page 147)

HERITAGE AND CONSERVATION (PART TWO SECTION 11)

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(ii) HISTORIC AREAS OF DISTINCTIVE QUALITY AND CHARACTER; AND (iii) IMPORTANT ARCHAEOLOGICAL SITES AND MONUMENTS. PROPOSALS WHICH WOULD SIGNIFICANTLY PREJUDICE THESE OBJECTIVES WILL NOT BE PERMITTED.

(The Reasoned Justification for this Policy can be found in Part Two on page 165)

AGRICULTURE (PART TWO SECTION 12)

(iii) UNACCEPTABLE NUISANCE OR DISTURBANCE TO EXISTING AGRICULTURAL ENTERPRISE. WHERE DEVELOPMENT ON THE BEST AND MOST VERSATILE AGRICULTURAL LAND IS UNAVOIDABLE SUCH DEVELOPMENT SHOULD BE DIRECTED TO THE LOWEST POSSIBLE GRADE.

(The Reasoned Justification for this Policy can be found in Part Two on page 193)

NATURE CONSERVATION (PART TWO SECTION 13)

POLICY NCO1A - PRINCIPLES FOR NATURE CONSERVATION THE LOCAL PLANNING AUTHORITY WILL ONLY PERMIT PROPOSALS WHICH WILL NOT ADVERSELY AFFECT, DIRECTLY OR INDIRECTLY, THE INTEGRITY OF THE BOROUGH'S INTERNATIONAL, NATIONAL AND LOCALLY DESIGNATED SITES FOR NATURE CONSERVATION AND EARTH SCIENCE OR LEGALLY PROTECTED SPECIES. IN CONSIDERING THE WEIGHT TO BE ATTACHED TO NATURE CONSERVATION OR EARTH SCIENCE ISSUES WHEN ASSESSING PLANNING APPLICATIONS, THE LOCAL PLANNING AUTHORITY WILL HAVE REGARD TO THE RELATIVE SIGNIFICANCE WITHIN WIRRAL OF INTERNATIONAL, NATIONAL AND LOCAL NATURE CONSERVATION DESIGNATIONS. WHEREVER POSSIBLE, NETWORKS OF LINEAR NATURAL HABITAT AND OTHER CORRIDORS OF IMPORTANCE TO WILDLIFE WILL ALSO BE RETAINED AND PROTECTED.

(The Reasoned Justification for this Policy can be found in Part Two on page 203)

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LANDSCAPE (PART TWO SECTION 14)

POLICY LAN1 - PRINCIPLES FOR LANDSCAPE IN CONSIDERING PROPOSALS FOR DEVELOPMENT, THE LOCAL PLANNING AUTHORITY WILL HAVE REGARD TO THE VISUAL IMPACT UPON THE LOCAL AND WIDER LANDSCAPE AND WILL IN PARTICULAR: (i) PROTECT LANDSCAPES OF SPECIAL CHARACTER, IDENTIFIED AS AREAS OF SPECIAL LANDSCAPE VALUE; AND (ii) PROMOTE THE IMPROVEMENT AND ENHANCEMENT OF DAMAGED LANDSCAPES, IDENTIFIED AS AREAS REQUIRING LANDSCAPE RENEWAL. PROPOSALS WILL NOT BE PERMITTED WHERE THEIR VISUAL IMPACT WOULD BE INAPPROPRIATE, IN TERMS OF THE CHARACTER, APPEARANCE AND LANDSCAPE SETTING OF THE SURROUNDING AREA.

(The Reasoned Justification for this Policy can be found in Part Two on page 219)

TRANSPORT (PART TWO SECTION 15)

POLICY TRT1 - PROVISION FOR PUBLIC TRANSPORT IN CONSIDERING DEVELOPMENT PROPOSALS, THE LOCAL PLANNING AUTHORITY WILL GIVE EMPHASIS TO THE FOLLOWING KEY CONSIDERATIONS: (i) THE NEED TO MAKE BEST USE OF EXISTING TRANSPORT FACILITIES; (ii) THAT WHERE APPROPRIATE, ADEQUATE PHYSICAL PROVISION IS MADE FOR PUBLIC TRANSPORT SERVICES AND FACILITIES WITHIN NEW DEVELOPMENTS; AND (iii) THAT THE DEVELOPMENT WOULD NOT PREJUDICE ANY PROPOSALS FOR DEVELOPMENT OF PUBLIC TRANSPORT SERVICES OR FACILITIES.

(The Reasoned Justification for this Policy can be found in Part Two on page 229)

POLICY TRT2 - SAFEGUARDING LAND FOR HIGHWAY SCHEMES THE LOCAL PLANNING AUTHORITY WILL SAFEGUARD THE LAND REQUIRED FOR NEW HIGHWAY SCHEMES AND PROPOSED HIGHWAY IMPROVEMENT SCHEMES AND WILL NOT GRANT PERMISSION FOR ANY DEVELOPMENT WHICH WOULD PREJUDICE THEIR IMPLEMENTATION.

(The Reasoned Justification for this Policy can be found in Part Two on page 233)

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POLICY TRT3 - TRANSPORT AND THE ENVIRONMENT IN ASSESSING THE ENVIRONMENTAL IMPACT OF TRANSPORT INFRASTRUCTURE AND PROPOSALS, THE LOCAL PLANNING AUTHORITY WILL PAY PARTICULAR ATTENTION TO THE FOLLOWING: (i) MAIN TRANSPORT CORRIDORS; (ii) THE DESIGN OF NEW HIGHWAY SCHEMES AND HIGHWAY IMPROVEMENT SCHEMES; (iii) REDUCING UNNECESSARY TRAFFIC IN ENVIRONMENTALLY SENSITIVE OR PRIMARILY RESIDENTIAL AREAS; (iv) PARKING AND SERVICING ARRANGEMENTS; (v) MINIMISING VEHICULAR - PEDESTRIAN CONFLICT; (vi) MEETING THE NEEDS OF CYCLISTS; (vii) SECURING ACCESS FOR DISABLED PEOPLE; (viii) MINIMISING NOISE, VISUAL IMPACT AND AIR POLLUTION; AND (ix) MINIMISING THE NEED TO TRAVEL.

(The Reasoned Justification for this Policy can be found in Part Two on page 235)

SHOPPING TOWN CENTRES AND RETAIL DEVELOPMENT (PART TWO SECTION 16)

POLICY SHO1A - PRINCIPLES FOR NEW RETAIL DEVELOPMENT IN CONSIDERING PROPOSALS FOR NEW RETAIL DEVELOPMENT, THE LOCAL PLANNING AUTHORITY WILL SEEK TO SUSTAIN AND ENHANCE THE VITALITY AND VIABILITY OF KEY TOWN CENTRES, TRADITIONAL SUBURBAN CENTRES AND OTHER SHOPPING PROVISION IN THE BOROUGH AND ENSURE THAT PEOPLE HAVE EASY ACCESS BY A CHOICE OF TRANSPORT MODES TO A WIDE RANGE OF SHOPPING PROVISION BIRKENHEAD AS THE BOROUGH’S SUB-REGIONAL CENTRE, TOGETHER WITH THE BOROUGH’S OTHER TOWN, DISTRICT, LOCAL AND NEIGHBOURHOOD CENTRES. THESE CENTRES SHOULD BE THE FOCUS FOR NEW RETAIL, LEISURE AND MIXED USE DEVELOPMENT, TOGETHER WITH OFFICE USES THAT WILL GENERATE A SIGNIFICANT NUMBER OF TRIPS. NEW RETAIL AND LEISURE DEVELOPMENT MUST TAKE PLACE IN ACCORDANCE WITH THE SEQUENTIAL APPROACH, MEET AN IDENTIFIED NEED, AND BE OF A SCALE APPROPRIATE TO THE SIZE OF THE CENTRE IN WHICH THEY ARE TO BE LOCATED.

(The Reasoned Justification for this Policy can be found in Part Two on page 247)

WASTE MANAGEMENT (PART TWO SECTION 17)

POLICY WMT1 - LANDFILL PROVISION

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THE LOCAL PLANNING AUTHORITY RECOGNISES THAT LANDFILL CAPACITY WILL BE REQUIRED FOR THE FORESEEABLE FUTURE AND HAS IDENTIFIED SUFFICIENT LANDFILL CAPACITY TO ACCOMMODATE LANDFILL NEEDS WITHIN THE BOROUGH DURING THE PLAN PERIOD, WITHIN THE CONTEXT OF THE BOROUGH COUNCIL'S WASTE DISPOSAL STRATEGY.

POLICY WMT1A - PRINCIPLES FOR WASTE MANAGEMENT

IN ASSESSING PROPOSALS FOR NEW WASTE MANAGEMENT FACILITIES OR THE ENLARGEMENT OR AMENDED OPERATION OF EXISTING FACILITIES, THE LOCAL PLANNING AUTHORITY WILL BE GUIDED BY THE FOLLOWING PRINCIPLES:-

(i) THE NEED TO ACHIEVE THE BEST PRACTICABLE ENVIRONMENTAL OPTION (BPEO); (ii) THE NEED TO MOVE THE MANAGEMENT OF WASTE UP THE WASTE HIERARCHY; (iii) THE NEED TO ACHIEVE REGIONAL SELF-SUFFICIENCY; (iv) THE PROXIMITY PRINCIPLE; (v) SUSTAINABLE TRANSPORT IN RELATION TO THE PROPOSAL; AND (vi) SUSTAINABILITY APPRAISAL.

(The Reasoned Justification for this Policy can be found in Part Two on page 278)

POLICY WMT2 - RECYCLING AND RE-USE OF WASTE MATERIALS THE LOCAL PLANNING AUTHORITY IS FAVOURABLY DISPOSED TOWARDS PROPOSALS FOR WASTE TREATMENT FACILITIES WHICH COMPRISE RECYCLING AND RE-USE OF WASTE MATERIALS, SUBJECT TO ADEQUATE ENVIRONMENTAL SAFEGUARDS AND TRANSPORT CONSIDERATIONS.

(The Reasoned Justification for this Policy can be found in Part Two on page 283)

MINERALS (PART TWO SECTION 18)

POLICY MIN1 - MAINTAINING MINERALS SUPPLY THE LOCAL PLANNING AUTHORITY, IN CONJUNCTION WITH THE OTHER MERSEYSIDE METROPOLITAN DISTRICTS, WILL ENDEAVOUR TO MAINTAIN A LANDBANK OF RESERVES OF SAND, GRAVEL AND CRUSHED ROCK, WITH PLANNING PERMISSION, EQUIVALENT TO AT LEAST SEVEN YEARS EXTRACTION, AND ALSO MAINTAIN ITS CONTRIBUTION TO MEETING ITS SHARE OF THE AGGREGATES DEMAND IN THE REGION, ON THE ADVICE OF THE NORTH WEST AGGREGATES WORKING PARTY, UNLESS EXCEPTIONAL CIRCUMSTANCES PREVAIL, IN ACCORDANCE WITH NATIONAL GUIDANCE.

(The Reasoned Justification for this Policy can be found in Part Two on page 297)

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POLICY MIN2 - SAFEGUARDING MINERAL RESERVES THE LOCAL PLANNING AUTHORITY, WHERE PRACTICAL, WILL SAFEGUARD MINERAL RESERVES. IT WILL REFUSE PLANNING PERMISSION FOR SURFACE DEVELOPMENT WHICH WOULD PREVENT MINERAL EXTRACTION, OR WILL PERMIT EXTRACTION OF THE MINERAL PRIOR TO SURFACE DEVELOPMENT COMMENCING.

(The Reasoned Justification for this Policy can be found in Part Two on page 297)

POLICY MIN3 - RESTORATION AND AFTERCARE OF MINERAL EXTRACTION SITES THE LOCAL PLANNING AUTHORITY WILL ENFORCE AN AGREED SET OF RESTORATION AND AFTERCARE CONDITIONS FOR MINERAL EXTRACTION SITES IN ACCORDANCE WITH AN AGREED AFTERUSE WHICH IS COMPATIBLE WITH THE ENVIRONMENT SURROUNDING THE SITE.

(The Reasoned Justification for this Policy can be found in Part Two on page 298)

WATER (PART TWO SECTION 19)

POLICY WAT1A - FLUVIAL AND TIDAL FLOODING DEVELOPMENT AND FLOOD RISK

PLANNING PERMISSION WILL ONLY BE GRANTED FOR NEW DEVELOPMENT WHICH WOULD NOT BE AT RISK FROM FLUVIAL OR TIDAL FLOODING, OR WHICH WOULD NOT INCREASE THESE RISKS TO OTHER DEVELOPMENTS. THE LOCAL PLANNING AUTHORITY WILL ADOPT A RISK-BASED SEQUENTIAL APPROACH WHEN CONSIDERING DEVELOPMENT PROPOSALS IN OR AFFECTING FLOOD RISK AREAS. DEVELOPMENT WILL NOT BE PERMITTED WHERE EXISTING SEA OR RIVER FLOOD DEFENCES, PROPERLY MAINTAINED, WOULD NOT PROVIDE AN ACCEPTABLE STANDARD OF SAFETY OVER THE LIFETIME OF THE DEVELOPMENT, OR WHERE THE PROPOSAL WOULD INCREASE THE RISK OF FLOODING ELSEWHERE.

(The Reasoned Justification for this Policy can be found in Part Two on page 305)

POLICY WAT2 - PROTECTION OF THE WATER ENVIRONMENT WHERE APPROPRIATE AND PARTICULARLY IN VULNERABLE AREAS, THE LOCAL PLANNING AUTHORITY WILL IMPOSE LAND-USE PLANNING

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CONTROLS AND OBLIGATIONS DIRECTED AT THE PREVENTION OF THE POLLUTION OF WATERCOURSES AND GROUNDWATER.

(The Reasoned Justification for this Policy can be found in Part Two on page 311)

COASTAL ZONE (PART TWO SECTION 20)

(i) PRESERVING AND ENHANCING THE CHARACTER OF THE COAST, IN PARTICULAR, IT'S NATIONAL AND INTERNATIONAL IMPORTANCE FOR NATURE CONSERVATION AND THE QUALITY OF THE COASTAL LANDSCAPE; (ii) DIRECTING DEVELOPMENT APPROPRIATE TO THE COASTAL ZONE TO THE DEVELOPED COAST; (iii) PROVISION FOR APPROPRIATE AND ENVIRONMENTALLY SUSTAINABLE TOURISM AND RECREATION, AND (WITHIN THE DEVELOPED COAST) EMPLOYMENT DEVELOPMENT; AND (iv) THE NEED TO IMPROVE THE QUALITY OF BATHING AND COASTAL WATERS.

(The Reasoned Justification for this Policy can be found in Part Two on page 315)

POLLUTION AND HAZARDS (PART TWO SECTION 21)

POLICY POL1 - RESTRICTIONS FOR POLLUTING AND HAZARDOUS USES THE LOCAL PLANNING AUTHORITY WILL RESTRICT POTENTIALLY POLLUTING OR HAZARDOUS DEVELOPMENT TO LOCATIONS THAT WILL NOT COMPROMISE PUBLIC SAFETY; RESULT IN LOSS OF AMENITY; OR CAUSE HARM TO THE NATURE CONSERVATION INTEREST, RECREATIONAL VALUE, TOURIST POTENTIAL OR LANDSCAPE QUALITY OF WIRRAL'S COUNTRYSIDE, COAST OR ESTUARIES. THE INTRODUCTION OF NEW DEVELOPMENT OR LAND-USES CLOSE TO EXISTING HAZARDOUS OR POLLUTING ACTIVITIES SHOULD NOT COMPROMISE PUBLIC SAFETY OR THE INTEGRITY OR EFFECTIVENESS OF EXISTING POLLUTION OR HAZARD CONTROLS.

(The Reasoned Justification for this Policy can be found in Part Two on page 327)

TELECOMMUNICATIONS (PART TWO SECTION 22)

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POLICY TEL1 - PRINCIPLES FOR TELECOMMUNICATIONS PROPOSALS FOR THE PROVISION OF TELECOMMUNICATIONS ANTENNAE AND ASSOCIATED APPARATUS WILL BE ASSESSED WITH REGARD TO THEIR SITING AND DESIGN; ENVIRONMENTAL IMPACT AND IMPACT ON THE AMENITY OF NEIGHBOURING USES; TO THE STRATEGIC REQUIREMENTS OF THE TELECOMMUNICATIONS NETWORK CONCERNED AND TO OTHER TECHNICAL CONSTRAINTS; AND SUBJECT TO THE OTHER POLICIES OF THE PLAN.

(The Reasoned Justification for this Policy can be found in Part Two on page 339)

RENEWABLE ENERGY (PART TWO SECTION 23)

POLICY REN1A - PRINCIPLES FOR RENEWABLE ENERGY RENEWABLE ENERGY PROPOSALS WILL BE ASSESSED WITH REGARD TO THEIR SITING AND DESIGN, ENVIRONMENTAL IMPACT, AND IMPACT ON THE AMENITY OF NEIGHBOURING USES, SUBJECT TO THE OTHER POLICIES OF THE PLAN. RENEWABLE ENERGY GENERATION PROPOSALS CAN DELIVER SIGNIFICANT ENVIRONMENTAL AND ECONOMIC BENEFITS IN REDUCING GREENHOUSE GAS EMISSIONS AND DEPENDENCE ON FOSSIL FUELS. THE LOCAL PLANNING AUTHORITY WILL GIVE THESE CONSIDERATIONS SIGNIFICANT WEIGHT IN ASSESSING PLANNING APPLICATIONS FOR SUCH PROPOSALS, BUT THEY WILL BE BALANCED AGAINST THE NEED TO ENSURE NO ADVERSE IMPACT ON LOCAL ENVIRONMENTAL AND OTHER CONSIDERATIONS. ALL DEVELOPMENT PROPOSALS SHOULD AIM TO MINIMISE THE CONSUMPTION OF ENERGY THROUGH ADOPTING FORMS OF DEVELOPMENT AND CONSTRUCTION METHODS WHICH ARE ENERGY EFFICIENT AND USE RENEWABLE SOURCES OF MATERIALS AND ENERGY WHERE PRACTICABLE

(The Reasoned Justification for this Policy can be found in Part Two on page 343)

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4. GENERAL PRINCIPLES CORE STRATEGY AND URBAN REGENERATION

PART ONE POLICY

POLICY URN1A - REASONED JUSTIFICATION

4.1 The Urban Regeneration Strategy is a corporate approach and provides the framework for the UDP. Its broad aim is to seek to achieve a significant relative improvement in the physical, economic and social conditions experienced by those Wirral residents who are disadvantaged, whilst seeking to maintain, and if possible, improve conditions for the rest of the Borough's population.

4.2 An essential part of the corporate approach is to address the land-use implications of the Urban Regeneration Strategy. The UDP expresses this land- use context in terms of the general principles of the Strategy: a dual approach which seeks to:

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· encourage investment and development into the urban areas of the Borough, and particularly those suffering the worst conditions;

· operate policies of development constraint in non-urban areas whilst maintaining the quality of the environment and heritage of the Borough.

4.3 Policy URN1 sets out the broad considerations at the heart of the Urban Regeneration Strategy, which will be material considerations for the Local Planning Authority in assessing development proposals.

4.4 The overall strategy of the UDP is reflected in Policy URN1, in that it seeks to maximise the use of urban land, whilst protecting the urban environment, and to prevent the encroachment of the urban area into the countryside, with the added protection of Wirral's environment and heritage.

4.5 Policy URN1, therefore, offers guidance on the types of areas within which development will support the UDP strategy. By following this guidance, the further aims of achieving sustainable development and reduction in energy usage through reduced transport needs can also be achieved.

4.6 Policy URN1, and this reasoned justification should be read in conjunction with Section 2 of the UDP.

4.1A The Core Strategy of the Unitary Development Plan for Wirral is the promotion of urban renaissance and sustainable development by focussing on the redevelopment of previously developed urban land and buildings outside the Green Belt. It also provides for housing market renewal within the designated Initiative Areas in Birkenhead, Bidston, Tranmere, Seacombe and Liscard. The Housing Market Renewal Initiative (HMRI) area is the focus for a fifteen year programme of activity aimed at restructuring housing markets and increasing the popularity of communities within its area. The boundary of the HMRI is shown on the Proposals Map.

4.1B In order to achieve the objectives of urban renaissance, sustainable development and housing market renewal, the release of land for development will be phased to ensure that the majority of new development and investment is directed to east Wirral within the North West Metropolitan Area (NWMA), as shown on the Proposals Map. The NWMA consists of the built up areas to the east of the M53 Motorway plus Woodchurch, Wallasey, New Brighton and Leasowe.

4.1C Development in west Wirral, within the built up areas to the west of the M53 Motorway, will be restricted to provide only for identified local needs. This is in order to foster urban renaissance and housing market renewal in east Wirral and within the wider North West Metropolitan Area as defined in Regional Planning Guidance for the North West (RPG13).

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4.1D Development within east Wirral will be controlled in order to preserve areas of high environmental quality within the existing urban area. Control in east and west Wirral will help to preserve the character of the Green Belt, designated Conservation Areas, Listed Buildings and Scheduled Ancient Monuments. Control across the Borough will also protect and enhance designated urban open spaces, recreational land and sites of importance for nature conservation and bio-diversity. Direction of development will promote the vitality and viability of existing town centres.

4.1E The framework for the development plan strategy is set out in the Secretary of State’s Regional Planning Guidance for the North West (RPG13, March 2003)

4.1F This strategy comprises urban regeneration in east Wirral, the settlements to the east of the M53 including Woodchurch, Leasowe, Wallasey and New Brighton and restraint in the remaining outlying settlements of west Wirral, including Moreton. This means that the focus for new sub-regional investment, development and growth is to be concentrated in east Wirral, while development in west Wirral will be limited to meeting only the local needs of the existing population.

4.1G Regional Planning Guidance also identifies Priority Areas for Regeneration within east Wirral. These include Birkenhead, the Strategic Investment Sites identified by the North West Development Agency, and the wider Merseyside Objective One Strategic Investment Area stretching along the Mersey coast from New Brighton to Bromborough. Within the Strategic Investment Area, the Council has identified Pathways Areas and focussed Neighbourhood Renewal funding on the most deprived wards. The Government’s more recent programme of Housing Market Renewal funding through its Pathfinder initiative (HMRI) is reflected in RPG13’s Priority Areas within Wirral.

4.1H The majority of new investment and development for housing, employment, leisure, retail and other needs should be specifically directed to support the regeneration of these areas, except where such development provides for local needs outside the Priority Areas. Local housing needs are defined in RPG13.

Policy UR1A – Maximising the Use of Previously Developed Land. Before development is permitted on land that has not previously been developed, applicants will be required to demonstrate that suitable previously developed land is not available. Furthermore applicants will be required to demonstrate that there is an overriding need for the development proposed which cannot be met within the existing urban area in any other way, including through the re-use and re-development of existing buildings. POLICY UR1A – REASONED JUSTIFICATION

4.2A The objective of Policy UR1A is to focus new development onto previously developed land and to encourage the maximum re-use of existing buildings (in

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accordance with Policy URN1). Development on previously undeveloped greenfield sites will only be permitted when previously developed sites are no longer available to meet identified development needs.

4.2B Regional Planning Guidance advises that such a sequential approach to the use of previously developed land should apply to all uses and not merely to new housing. Development on previously developed land maximises the use made of existing infrastructure, prevents urban decay and dereliction and contributes to local regeneration and renaissance.

4.2C Previously developed land has been defined in Annex C to Planning Policy Guidance Note 3 (PPG3) and includes land in built up areas such as parks, recreation grounds, playing fields, allotments and other land that has been put to an amenity use. Land that has been put to an amenity use will have the lowest priority for meeting development needs.

Policy UR2A – The Sequential Approach Before development is permitted for: (i) uses that generate a significant number of trips that could be located within Birkenhead Town Centre or a centre listed in Proposal SH1D; and (ii) for other uses that will attract a lot of people on a site located outside a designated existing centre or outside a site allocated for that purpose in the UDP; Applicants will be required to demonstrate that: (i) suitable land or buildings are not available within designated centres or on land allocated for that purpose in the UDP; and (ii) there is an overriding need to provide for the type of development proposed; and (iii) the development will be highly accessible by a choice of means of transport including public transport. Uses that could be located within Birkenhead Town Centre or a centre listed in Proposal SH1D will include retailing, leisure and entertainment, hotels, commercial and public offices, medical services and other facilities providing a service to visiting members of the public.

POLICY UR2A – REASONED JUSTIFICATION

4.3A National planning policies seek to support the vitality and viability of existing centres by ensuring that all potential town centre options are thoroughly assessed before less central sites are considered for key town centre uses such as retail and leisure and other uses that attract a lot of people. Policy UR2A also seeks to promote more sustainable transport choices, to improve accessibility to

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jobs and services by public transport, walking and cycling and to reduce the need to travel, especially by private car.

4.3B The range of uses that could locate in a town centre includes development falling within Use Classes A1, A2, A3, B1(a), C1, D1, D2 and other uses with similar operational characteristics.

Policy UR3A – North West Metropolitan Area The boundary to the North West Metropolitan Area, in Wirral, is shown on the Proposals Map. Development necessary to provide for a growth in employment, new and better housing, environmental improvement and social inclusion will principally be directed to Birkenhead and to the other settlements within the North West Metropolitan Area. Provision for housing and other land uses in west Wirral, outside the North West Metropolitan Area, will be limited to that necessary to meet the needs of the current population and its housing needs.

POLICY UR3A - REASONED JUSTIFICATION

4.4A Regional Planning Guidance for the North West (RPG13, March 2003) seeks to focus new development and urban renaissance within the North West Metropolitan Area. Within the NWMA the emphasis should be on encouraging new development and re-development of good quality which will provide a significant proportion of the new and better housing and other development required to accommodate anticipated household growth across the Region. This should be coupled with economic development through urban regeneration, re-use of previously developed land and creative improvements to the public realm. The intention is to introduce 21st Century best standards of sustainable development in order to create a more dynamic, attractive and competitive Metropolitan Area.

4.4B Outside the NWMA, in the settlements in west Wirral, RPG13 states that demand for housing and other land uses over and above the western half of Wirral’s own needs should continue to be resisted to support urban regeneration within the NWMA. Provision for housing and other land uses should therefore be based principally on meeting the needs of the area’s current population and its housing needs.

4.4C The objective of Policy UR3A is to give local expression to these regional priorities by directing a significant proportion of development, investment and renaissance to the NWMA and by providing for a restrained approach towards new development in west Wirral.

Policy UR4A – Housing Market Renewal Initiative

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The boundary to the Housing Market Renewal Pathfinder Area, in Wirral, is shown on the Proposals Map Within the areas outlined at Proposal UR5A, existing housing will be retained, refurbished or demolished in accordance with masterplans to be prepared in consultation with local residents and stakeholders. Non-conforming uses within these areas will also be considered for re- location within the context of the masterplans. New development and redevelopment of existing uses will be for a mixture of new housing, industry, greenspace, community or other uses in accordance with the relevant masterplan and other policies of the UDP.

POLICY UR4A – REASONED JUSTIFICATION

4.5A The HMRI Pathfinder initiative will impact on the development of Wirral over the next 15 years. It is important that masterplans are phased over that period and that action is co-ordinated and subject to public consultation.

4.5B The UDP is not therefore prescriptive about the type of intervention that might occur. Overall, up to 3,500 existing dwellings might be cleared in the next 15 years, leading to a replacement need of up to 1,800 units. Both of these figures may be changed by improvements in the market and the ability of partner developers to build at the required rate.

4.5C Local communities need not only housing but other new development and environmental improvements to make their neighbourhoods more attractive to live and work in. The masterplans will integrate with other policies of the UDP to provide the context for the development necessary to achieve neighbourhood renaissance.

4.5D Masterplans will be brought forward as Supplementary Planning Guidance.

Proposal UR5A – Housing Market Renewal Initiative Neighbourhoods The following neighbourhoods, as shown on the Proposals Map, are neighbourhoods to which Policy UR4A will apply: 1. Rock Ferry 2. Tranmere 3. Birkenhead 4. Seacombe 5. Poulton

PROPOSAL UR5A – REASONED JUSTIFICATION

4.6A The Housing Market Renewal Initiative Pathfinder Area is sub-divided into a number of smaller Neighbourhood Development Frameworks, which are shown

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on the Proposals Map. Masterplans are to be prepared for these areas in accordance with Policy UR4A.

Policy UR6A - Provision for Better Design The Local Planning Authority will require applicants for all types of development to demonstrate that they have paid close attention to the design, character and distinguishing features of the surrounding area by including measures and design solutions that will demonstrate respect for: (i) the primary function, layout, and pattern of land use within the area; (ii) the front and rear building lines of neighbouring buildings; (iii) the pattern of separation between buildings; (iv) the scale, height and massing of neighbouring buildings; (v) the relationship between built form and significant open spaces; (vi) the townscape and/or landscape setting of the area, including the impact on skylines and roofscapes; (vii) the significance of any area-specific designations for landscape, heritage, biodiversity, physical, economic or social renewal; and (viii) any other features of the natural or built environment that may be worthy of retention as important characteristics of the local area. All proposals will, in particular, be expected to include specific measures to: (a) make effective provision for privacy and to prevent overlooking; (b) prevent and reduce the opportunity for crime and anti-social behaviour; (c) make safe and convenient provision for pedestrians, cyclists and people with restricted mobility; (d) minimise noise and disturbance to neighbouring uses; and (e) ensure that the materials to be used will be consistent within the setting of the surrounding area.

POLICY UR6A - REASONED JUSTIFICATION

4.6B Quality in design and the protection of local distinctiveness have emerged as key themes in a wide range of national and regional advice. They are also seen as essential contributors to the promotion of urban renaissance, the need to design places where people want to stay rather than leave and sustainable development.

4.6C Public consultation has repeatedly confirmed this assessment, particularly in response to the national imperative to make more efficient use of urban land and to provide for a higher density of development. This public concern is primarily a direct response to standard designs and utilitarian solutions that pay little or no respect to the sense of place within the area in which new development is to be located.

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4.6D The objective of Policy UR6A is to provide a series of criteria, against which all proposals for new development can be assessed, in order to ensure that issues related to good quality design and local distinctiveness have been fully taken into account before planning permission is granted. This will include the need to upgrade the environment in areas specifically designated for physical, economic and social renewal such as the Housing Market Renewal Pathfinder, the Regional Investment Sites designated by the Regional Development Agency and other regeneration priorities within the North West Metropolitan Area.

PART ONE POLICY

POLICY URN2 - REASONED JUSTIFICATION

4.7 The UDP provides the best opportunity to make clear the Local Planning Authority's policy on seeking planning benefits. Previously, such negotiations have taken place on an ad-hoc basis, but the presumption in favour of development in accordance with the development plan under Section 54A of the Town and Country Planning Act 1990 requires a more specific approach.

4.8 The UDP cannot, however, be prescriptive and the Local Planning Authority cannot require such agreements. Policy URN2, therefore, is designed to be both selective and pragmatic, in that the Local Planning Authority will seek to negotiate such agreements in appropriate circumstances.

4.9 Planning agreements between developers and the Local Planning Authority may be used in addition to conditions on a planning permission for matters which would be inappropriate as conditions, in accordance with national planning guidance. The agreements must be necessary, relevant to planning, directly related to the proposed development, fairly and reasonably related in scale and kind to the development and reasonable in all other respects. Agreements cannot be used to make a proposed development acceptable which would otherwise be unacceptable on planning grounds.

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5. ECONOMY AND EMPLOYMENT

PART ONE POLICY

POLICY EMP1A - PROVISION OF EMPLOYMENT LAND A TOTAL OF 185.0 HECTARES OF LAND WILL BE ALLOCATED FOR EMPLOYMENT USES. THIS IS MADE UP OF THE FOLLOWING: (i) TWO SPECIAL DEVELOPMENT OPPORTUNITY SITES IN THE BIRKENHEAD AREA TOTALLING 63.8 HECTARES; (ii) 99.0 HECTARES FOR GENERAL EMPLOYMENT USES PRINCIPALLY IN THE BIRKENHEAD/ WALLASEY/ BROMBOROUGH AREAS; AND (iii) 21.6 HECTARES FOR THE EXPANSION OF EXISTING FIRMS. A MINIMUM OF 130 HECTARES OF LAND WILL BE RESERVED FOR INDUSTRIAL-RELATED EMPLOYMENT PURPOSES TO PROVIDE FOR A RATE OF DEVELOPMENT OF 10 HECTARES EACH YEAR IN THE PERIOD TO 2016. NEW INVESTMENT, DEVELOPMENT AND EMPLOYMENT GENERATION WILL BE DIRECTED TO PREVIOUSLY DEVELOPED LAND WITHIN THE NORTH WEST METROPOLITAN AREA AND TO LAND RESERVED FOR STRATEGIC PURPOSES AT: (iii) THE WIRRAL INTERNATIONAL BUSINESS PARK REGIONAL INVESTMENT SITE; AND (iv) THE BIRKENHEAD TWELVE QUAYS REGIONAL INVESTMENT SITE. RETAIL, HOUSING AND LEISURE USES WILL NOT BE PERMITTED ON LAND WITHIN DESIGNATED REGIONAL INVESTMENT SITES OR ON OTHER LAND SPECIFICALLY ALLOCATED AS AN EMPLOYMENT DEVELOPMENT SITE.

POLICY EMP1 - REASONED JUSTIFICATION

5.1 Revitalising the local economy is a fundamental part of the Urban Regeneration Strategy for Wirral and will continue to be one of the main aims of the Council. The UDP makes an important contribution to this by enabling and encouraging new investment. It is complemented by the Council’s Economic Development Strategy, a package of measures designed to secure and expand employment opportunities throughout the Borough and to reduce unemployment, both through the Council’s own initiatives, such as Wirral Direct, and also in partnership with local communities, private developers and other public agencies.

5.2 The UDP provides policies to control development in new and existing industrial and commercial areas, and identifies and safeguards a long-term supply of development land for employment uses. There have been two key influences on the location, quality and type of land allocated for employment uses in the UDP. First, the need to tackle the effects of structural change in the Wirral economy,

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and secondly, the provision of a range of sites which reflect the nature of demand for industrial land in the Borough.

5.3 In common with other parts of the Country, Wirral has experienced a decline in manufacturing and other traditional industries, with the total loss of some long established firms and reductions in the numbers employed in others. The impact of these structural changes is especially evident in the Borough’s inner urban areas. For example, in April 1995, the electoral Ward of Bidston had an unemployment rate of 30%, while the Wards of Birkenhead, Tranmere and Leasowe all had unemployment rates in excess of 20%. This compared with a Borough-wide rate of 13% and levels of unemployment in the Wards of Thurstaston, Royden, Clatterbridge and Heswall of between 5% and 8%.

5.4 Statistics indicate that unemployment is also heavily concentrated among males within the inner urban areas. In the electoral Ward of Bidston, for example, the overall unemployment rate of 30% breaks down to a male unemployment rate of 46% and a female unemployment rate of 11%. Electoral Wards in the inner urban areas also, generally, have the highest concentrations of long-term unemployment, defined as people who have been out of work for a period longer than one year.

5.5 Allied with high levels of unemployment in the inner urban areas are low levels of mobility, when measured in terms of access to a car. More than half the households in the electoral Wards of Bidston, Birkenhead, Tranmere and Leasowe do not have access to a car. Indeed, even in Wards with relatively low rates of unemployment, sizeable numbers of households do not have access to a car. For example, in nineteen out of the twenty-two Wards in the Borough more than 20% of households do not have access to a car.

5.6 In the ten years between 1983 and 1992, one hundred and eleven new industrial, storage and office development projects were commenced accounting for a total of 78.6 hectares of land. This equates to an average of 7.8 hectares each year, although annual take-up rates varied throughout the period from between 2.8 hectares in 1986 to 18.6 hectares in 1989.

5.7 An analysis of the location of the take-up of industrial land over the past ten years shows that by far the largest amount of development has occurred in the Bromborough area. In part, this is a reflection of the large amount of surplus land available, but is also indicative of the attractiveness of this area for new investment. The importance of Bromborough, in both a Wirral and Merseyside context, has been highlighted in the Merseyside Strategic Sites Study conducted for the Merseyside local authorities by Coopers Lybrand Deloitte.

5.8 An analysis of the enquiries received by the Council's Economic Development Unit during 1990 and 1991 is set out below and indicates that the size of site most frequently sought by potential investors lies within a range of between 0.8 and 6.0 hectares:

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SITE SIZE ENQUIRIES (hectares) (number) 0.8 - 2.0 ha 14 2.0 - 4.0 ha 7 4.0 - 6.0 ha 7 6.0 - 20.0 ha 6 20.0 ha + 9

5.9 There are a number of conflicting influences which have to be balanced when determining the quantity and location of employment land in the UDP. Based on an average annual take-up rate of 7.8 hectares, the UDP should provide for a total of 117 hectares of employment land for the Plan period to 2001. However, while past rates of development provide a general indication of levels of activity in the Borough, they are not necessarily a reliable guide to future rates of development. The current Objective One proposals for Bromborough, for example, may lead to an acceleration in the rate of development.

5.10 Other factors that also need to be considered in assessing employment land requirements include:

· the desirability of providing a range of sites in locations attractive to investors; · the high levels of unemployment and low mobility in the Borough’s inner urban areas; and · the needs of existing Wirral firms who might wish to expand their activities.

5.11 It can also be envisaged that the type of site most attractive to some investors may not necessarily be in a location which will maximise urban regeneration benefits or which will be is accessible to people without access to a car.

5.12 The pattern of allocations set out within the UDP, therefore, seeks to strike a balance between these competing demands, by identifying a range of sites of different size, type and location. The concentration on a broad UDP strategy for the whole of Wirral means that small sites of less than one hectare are not identified within this Written Statement or shown on the accompanying Proposals Map. Instead, a number of policies, to be contained in Part Two of the Plan, will identify criteria against which proposals for such sites will be assessed.

5.1A The promotion of a thriving local economy is a key theme of the Wirral Community Strategy. The objective is not only to ensure that investment and jobs are attracted to Wirral but to combine this with real benefits to local residents in terms of employment and quality of life.

5.2A The priorities for the location of employment land are already largely pre- determined: by the strategy set out by the Deputy Prime Minister in Regional Planning Guidance for the North West; and by the location of the Regional Investment Sites designated by the North West Development Agency.

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5.3A Regional Planning Guidance for the North West 20003 sets out the planning strategy for the Region and requires the UDP to promote sustainable patterns of spatial development and physical change. Core Development Principles include economy in the use of land and buildings, a sequential approach to site selection, and the promotion of sustainable economic growth and competitiveness and social inclusion. The Spatial Development Framework states that a significant proportion of development and urban renaissance resources must be focussed on the North West Metropolitan Area in East Wirral. The boundary to North West Metropolitan Area is shown on Map [X].

5.4A The Regional Economic Strategy 2003 prepared by the North West Development Agency sets out the economic priorities within the Region. The Agency has designated two Regional Investment Sites in Wirral: the Wirral International Business Park in Bromborough and at Birkenhead Twelve Quays at the entrance to the Birkenhead Dock Estate. Development plans are required to support the status of these sites and to seek to promote high quality, environmentally sensitive, sustainable development consistent with the Core Development Principles.

5.5A The objective of Policy EMP1 is to give physical expression to these strategic priorities at the local level by ensuring: that enough land will be reserved to meet the Borough’s needs for new industrial and commercial development; that development is actively promoted at the Borough’s Regional Investment Sites; and that the strategy for new development in Wirral is firmly directed towards achieving urban renaissance, social inclusion and sustainable development.

5.6A Development plans are required to provide for a period of ten years from the forecast date of adoption. The forecast date of adoption for this Plan is Spring 2006, which means that the Plan must provide for development needs to 2016.

5.7A The future need for land for development has been estimated from past rates of development. Annual rates of development for individual years since April 1986 have fluctuated widely in line with national and local trends, so an annual average has been derived, taken from past rates of development for the previous Plan period from April 1986 to March 2001 and for the period to April 2003. These are shown in Table EMP1 below.

Table EMP1

Period (years) Annual Average Previously Developed (%) (hectares)

1986/1991 8.4 70% 1991/1996 13.0 72% 1996/2001 11.6 92% 2001 onwards 7.0 63%

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Whole period 10.5 77% Last 5 years 11.9 85% @April 2003

5.8A Evidence indicates that the Merseyside Objective One Programme has accelerated development in Wirral from an annual average take up of 8 hectares during the 1980s to an annual rate of 12 hectares during the 1990s. This increased level of demand is expected to continue across the lifetime of the Programme to 2007, but will need to be re-appraised following the closure of the Wirral Waterfront SRB6 Programme in 2006. One basis for this appraisal will be the findings of the annual Merseyside Economic Review.

5.9A There has, however, been a marked slowing in the rate of development since April 2001. This is thought to be due to national economic trends, the reduced number of grant approvals in recent years and the need to wait for the next phase of advance infrastructure to be completed at the Wirral International Business Park. This would suggest a need to make more modest provision than previous rates, say for around a minimum of 10 hectares each year, across the future plan period. This will need to be reviewed as the Plan preparation process progresses.

5.10A Policy EMP1, further supported by the policies in Part II of the Plan, seeks to protect the future supply of land for ongoing investment in business, industry and warehousing within the area and to protect sites that have been identified as capable of meeting the Region’s sectoral priorities. These policies are also intended to ensure that the future pattern of development takes place in line with the Council’s wider strategies for housing and retailing and for securing the vitality and viability of town centres.

Proposal EM1A - Former Cammell Laird’s Shipyard Approximately 57.0 24.4 hectares of land at the former Cammell Laird shipyard, Birkenhead, as shown on the Proposals Map, is allocated as an Employment Development Site for a mix of B1 (Business), B2 (General Industrial) and B8 (Storage and or Distribution) uses and D2 (Assembly and Leisure) uses, as defined in the Town and Country Planning (Use Classes) Order 1987, together with use for higher education purposes subject to Policy EM6A. B1 (Business) uses will also be permitted subject to Policy EM3C. Other compatible uses may also be allowed providing it is established that they are necessary to secure and bring forward the overall redevelopment of the site for industrial and business use, subject to all the other relevant policies of the Plan

PROPOSAL EM1A - REASONED JUSTIFICATION

5.13A The Cammell Laird shipyard closed at the end of July 1993 and the yard was owners VSEL have indicated that parts of the yard will be mothballed until 1994

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in the hope that ship-building related uses will would again be attracted to the site. Should this be unsuccessful, the site will represent a major opportunity to secure new employment within the inner urban area. Substantial preparatory work will, however, be needed before the site is capable of redevelopment. Merseyside Development Corporation, within whose boundaries the site is located, have begun work on this process, recently completing a new spine road through the site. As a result, a large section of the Northern Yard including the Wet Basin was brought back into active use during 1995 as a ship repair yard. Passed to new hands in August 2001, following the insolvency of the original company, the yard continues in active use for ship repair.

5.13B Large areas of the Southern Yard including the purpose-built Construction Hall and the complex of slipways have not been used for shipbuilding or ship repair since the yard originally closed in 1993 but have been subject to a series of temporary tenancies.

5.13C The Council believes that sites capable of accommodating marine related industries and the skill base associated with them are a scarce national resource. The successful re-use of the northern yard and facilities elsewhere in Birkenhead also indicate that business of this nature is still a viable proposition on Merseyside. The Council therefore remains to be convinced that there is no realistic future prospect of ship-building, ship-repair or related industries being able to return.

5.13D The new owners of the Southern Yard have aspirations for a far wider range of land uses and the imposing travelling cranes were demolished during November 2003. In the event that marine-related investment cannot be achieved an alternative strategy will need to put in place which reflects the strategic location and importance of this prominent waterfront site at the heart of the North West Metropolitan Area. Whatever the outcome, the Council does not wish to see the site developed in a piecemeal manner and will seek to maximise the potential benefits to the area in terms of employment generation, sustainable development and social inclusion.

5.14 The range of uses set out in Proposal EM1 provide the best prospects for attracting new investment and jobs to the site within a short timescale. Allocating the site for a single use would probably not achieve this aim given the often lengthy timescales involved in securing this type of investment and the fact that a strategic single use-site of this type is already available at Hooton Park, nearby, in Ellesmere Port and Neston.

5.15 The Cammell Laird site also lies within the designated Coastal Zone and any proposals for the site will, therefore, also have to satisfy Policy CO1, which can be found in Section 20 of the UDP. The site is also considered to have particular potential for enhancing public access to the Mersey coast and for coast-related tourism and recreation, subject to Proposal TL3/3, which can be found in Section 10 of the Plan.

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Proposal EM1B - Wirral International Business Park Regional Investment Site, Bromborough The boundary to the Wirral International Business Park Regional Investment Site is shown on the Proposals Map. The following land at the Wirral International Business Park Regional Investment Site, as shown on the Proposals Map, is allocated as an Employment Development Site for B2 (General Industrial) and B8 (Storage or Distribution) uses, as defined by the Town and Country Planning (Use Classes) Order 1987, subject to Policy EM6A. B1 (Business) uses will also be permitted subject to Policy EM3C: 1A. Land at Georgia Avenue 8.2 hectares brownfield 2A. MOD Tank Farm 8.0 hectares brownfield 3A. Land at Thermal Road 6.8 hectares brownfield 4A. Land at Bromborough Coast 4.3 hectares brownfield 5A. Land at Commercial Road 3.6 hectares brownfield 6A. Plantation Business Park 3.5 hectares brownfield 7A. Former Tarmac Depot 3.2 hectares brownfield 8A. Land at Riverview Road 2.9 hectares brownfield 9A. Former Candy Factory 2.6 hectares brownfield 10A. Tank Farm, Commercial Road 2.3 hectare brownfield 11A. Land at Old Hall Road 6.5 hectares greenfield 12A. Land at Bassendale Road 1.9 hectares greenfield 13A. Land at Thursby Road 1.2 hectares greenfield 14A. Land at Magazine Lane 1.2 hectares greenfield Total 56.2 hectares 80% brownfield Within the boundary of the Regional Investment Site, special consideration will be given to landscaping, to the quality of urban design, and to the impact of the uses proposed on the image and marketing of the area for regional investment. Development at sites located along the Mersey waterfront, falling within the designated Coastal Zone, will be required to provide for public access to and along the coast. Retail and leisure uses will not be permitted outside the boundaries of the Croft Retail and Leisure Park designated under Proposal SH11B and residential uses will not be permitted outside the designated Primarily Residential Area at Bromborough Pool Village.

POLICY EM1B - REASONED JUSTIFICATION

5.14A The boundary to the Wirral International Business Park Regional Investment Site is shown on the Proposals Map. The priority in this area will be to promote and establish a high quality business location capable of attracting regional investment for generic industry, including inward investment.

5.14B The Wirral International Business Park at Bromborough has been a focus for public investment since the mid-1990’s. The Business Park was designated by

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the North West Development Agency as a Strategic Regional Site in October 1999 and has become the Borough’s premier location for new employment development. It is also a key investment priority for the Wirral Waterfront investment programme.

5.14C The primary target is generic industry, including inward investment. Further phases of infrastructure are planned to better serve the area adjacent to the Mersey coast.

5.14D The North West Development Agency has prepared a Master Plan & Delivery Strategy for the area to guide future public investment and the distribution of grant aid.

Proposal EM1C – Birkenhead Twelve Quays Regional Investment Site, Birkenhead The boundary to the Birkenhead Twelve Quays Regional Investment Site is shown on the Proposals Map. The following land at the Birkenhead Twelve Quays Regional Investment Site, as shown on the Proposals Map, is allocated as an Employment Development Site for B2 (General Industrial) and B8 (Storage or Distribution) uses, as defined by the Town and Country Planning (Use Classes) Order 1987, subject to Policy EM6A. B1 (Business) uses will also be permitted subject to Policy EM3C: 1A. Land at Morpeth Wharf 2.7 hectares brownfield 2A. Land at Morpeth Waterfront 1.5 hectares brownfield 3A. Land at Egerton Dock 1.2 hectares brownfield 4A. Land at Tower Quay 1.0 hectare brownfield 5A. Land at Tower Wharf 1.0 hectare brownfield 6A. Land at Hydraulic Tower 0.8 hectare brownfield 7A. Land at Oakdale Road 0.8 hectare brownfield 8A. Land at Kelvin Road 0.7 hectare brownfield Total 9.7 hectares 100% brownfield

Within the boundary of the Regional Investment Site, special consideration will be given to landscaping, to the quality of urban design, and to the impact of the uses proposed on the image and marketing of the area for regional investment. The development of sites located along the Mersey waterfront, within the designated Coastal Zone, will only be permitted subject to the retention of public access to and along the coast.

POLICY EM1C - REASONED JUSTIFICATION

5.15A The boundary to the Birkenhead Twelve Quays Regional Investment Site is shown on the Proposals Map. The priority in this area will be to establish and promote a high quality business location capable of attracting regional investment.

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5.15B The North West Development Agency designated land at Twelve Quays as a Strategic Regional Site in December 2001, based on the earlier regeneration activity carried out by the Merseyside Development Corporation during the 1990’s.

5.15C While the area now contains a modern roll-on/roll-off ferry terminal, a new Technology Park, and a new Campus for the Wirral Metropolitan College, the regeneration of this area has not yet been completed.

5.15D The North West Development Agency has prepared a Master Plan & Delivery Strategy for the area to guide future public investment and the distribution of grant aid.

Proposal EM2A - Conway Park, Birkenhead Approximately 1.4 hectares of land at Europa Boulevard, Birkenhead to the north of Birkenhead Town Centre between Conway Street and Price Street, as shown on the Proposals Map, is allocated as an Employment Development Site for a mix of B1 office-based (Business), A2 (Financial and Professional Services), A3 (Food and Drink), C1 (Hotels), D1 (Non- Residential Institutions) and D2 (Assembly and Leisure) uses, as defined in the Town and Country Planning (Use Classes) Order 1987, subject to Policy EM6A, Policy EM7, Policy EM9, Policy SH1E, Policy TL2 and Policy RE1A.

PROPOSAL EM2A - REASONED JUSTIFICATION

5.16A Conway Park is a major town centre re-development opportunity secured under within the Wirral "City Lands" City Challenge Initiative during the early 1990’s area and is central to the strategic objective of unifying and developing Birkenhead Town Centre. The site now accommodates the Europa Pools Complex, the Wirral Metropolitan College International Business and Management Centre, an 1,800 seat, seven screen multiplex cinema, a new railway station and over 7,000 square metres of new build office space.

5.16B Only three sites now remain – 1.2 hectares, to the north of the railway station, and two smaller frontage sites, to the east of the multiplex cinema. The mix of uses identified in Proposal EM2A are those considered most appropriate for a town centre location at the edge of the Core Shopping Area and which will most effectively secure the achievement of the above objective. A planning brief has been prepared which provides additional background information on the site and on the future pattern of development.

Proposal EM2B – Land at Rose Brae, Birkenhead Approximately 1.9 hectares of land at Church Road, Birkenhead, as shown on the Proposals Map, is allocated as an Employment Development Site for a mix of high-density residential, B1 office-based (Business), C1 (Hotel), D1 (Non-Residential Institutions) and D2

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(Assembly and Leisure) uses, as defined in the Town and Country Planning (Uses Classes) Order 1987, subject to Policy EM6A, Policy TL2 and Policy RE1A.

5.17A Land overlooking the Liverpool Waterfront at Rose Brae, to the north of the Priory Wharf residential complex, has been allocated for residential development since 1992. Reclaimed by Merseyside Development Corporation and owned by a Registered Social Landlord, the site has still not been brought forward to development.

5.17B Over 22,000 square metres of new and refurbished office space was developed at Woodside during the previous Plan period and the remaining land at Rose Brae may now offer the opportunity to further expand this commercial area. While high density residential development would continue to be permitted at this site, the mix of additional uses identified in Proposal EM2B are considered to be the most appropriate alternative uses for an edge-of-town commercial waterfront location.

Proposal EM3 - Land for General Employment Use The following sites are allocated on the Proposals Map for uses falling within Classes B1, B2 or B8 of the Town and Country Planning (Use Classes) Order 1987, subject to Policy EM6, Policy EM7 and Policy EM9: Large sites (10 hectares and above) 1. Twelve Quays, Birkenhead 16.3 ha (subject to Coastal Zone Policy CO1 and Policy CO3) 2. Croft Business Park, Bromborough 11.5 ha 3. Former Power Station, Power Road, Bromborough 10.5 ha (subject to Coastal Zone Policy CO1 and Policy CO3) SUB-TOTAL 38.3 ha Medium-sized sites (5-10 hectares) 4. Land west of Reeds Lane, Moreton 7.5 ha 5. Slackwood, Plantation Road, Bromborough 6.1 ha 6. RV Chemicals Phase 2, Stadium Road, 6.1 ha Bromborough 7. QEII Dock, Bankfields Road, Eastham 6.0 ha (subject to Coastal Zone Policy CO1 and Policy CO3) 8. North Cheshire Trading Estate, Prenton 5.5 ha 9. South of Commercial Road, Bromborough 5.1 ha 10. Bankfields, off North Road, Eastham 4.9 ha (subject to Coastal Zone Policy CO1 and Policy CO3) SUB-TOTAL 41.2 ha Small-sized sites (1-5 hectares) 11. North of North Road, Eastham 4.2 ha

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(subject to Coastal Zone Policy CO1 and Policy CO3) 12. Former Mollington Street Depot, Tranmere 3.4 ha 13. Cross Lane Industrial Estate, Wallasey 3.3 ha 14. Former Coal Depot, Wallasey Bridge Road 2.3 ha 15. North and South of Shore Road, Birkenhead 1.9 ha (subject to Coastal Zone Policy CO1) 16. Gallagher's Hill, Corporation Road 1.3 ha 17. Land South of Kelvinside, Seacombe 1.1 ha 18. Former Depot, Birkenhead Road, Seacombe 1.0 ha 19. Tarran Industrial Estate, Moreton 1.0 ha SUB-TOTAL 19.5 ha GRAND TOTAL 99.0 ha

PROPOSAL EM3 - REASONED JUSTIFICATION

5.17. The employment land allocations in Proposal EM3 strike a balance between the factors outlined at the start of Section 5 of the UDP, by identifying a range of sites particularly, but not exclusively, within the areas of Wallasey and Birkenhead where the problems of high unemployment and low mobility are most acute. The allocation of sites in Bromborough reflects their wider strategic importance, as identified in the Merseyside Strategic Sites Study carried out by Coopers and Lybrand Deloitte.

5.18. This pattern of distribution also brings environmental benefits. It should, for example, help to reduce the number and length of car journeys, to reduce harmful emissions and traffic congestion, and maximise the opportunities for using public transport for journeys to work.

5.19. All the sites listed under Proposal EM3 were uncommitted at January 1994. While most have no significant constraints to development, some represent a resource for the medium and longer-term. A number also fall wholly or partly within the designated Coastal Zone and are, therefore, also subject to Policy CO1 and Policy CO3, which can be found in Section 20 of the UDP. Additional planning guidance is provided for a number of the Proposal EM3 sites in site specific development or planning briefs.

Proposal EM3A - Employment Development Sites Within the North West Metropolitan Area The following land within the North West Metropolitan Area, shown on the Proposals Map, is allocated as an Employment Development Site for B2 (General Industrial) and B8 (Storage or Distribution) uses, as defined by the Town and Country Planning (Use Classes) Order 1987, subject to Policy EM3B and Policy EM6A. B1 (Business) uses will also be permitted subject to Policy EM3B and Policy EM3C: 1A. Lever Faberge, Bromborough 7.2 hectares brownfield 2A. Beaufort Road, Bidston 5.8 hectares brownfield 3A. Lever Faberge, Bromborough 4.6 hectares brownfield

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4A. North Cheshire, Prenton 0.9 hectares brownfield 5A. Premier Brands, Reeds Lane 6.7 hectares greenfield 6A. Premier Brands, Pasture Road 2.6 hectares greenfield 7A. North Cheshire, Prenton 2.0 hectares greenfield 8A. Cross Lane, Wallasey 1.7 hectares greenfield 9A. Reeds Lane, Leasowe 1.2 hectares greenfield Totals 32.7 hectares 56% brownfield

POLICY EM3A - REASONED JUSTIFICATION

5.18A Regional Investment Sites are only one part of the supply of land for new employment development. The development plan is also required to secure an adequate land supply for more general industrial purposes. The objective of Policy EM3A is to identify and safeguard the supply of development land for employment uses, to supplement the types of opportunity provided within the Regional Investment Sites, and to ensure a reasonable distribution of accessible employment opportunities throughout the Borough.

5.18B All the sites listed under Proposal EM3A fall within the North West Metropolitan Area and are capable of attracting jobs and investment. All are located within established employment locations. They are not considered suitable for residential purposes because of their location, attractiveness for employment uses, and the proximity of uses that would be incompatible with a residential environment.

5.18C The land at either end of the Premier Brands food factory, at Reeds Lane and at Pasture Road, in Moreton is allocated for development subject to the re-location of the former playing fields to the site identified at Ditton Lane designated under Proposal RE6A/007. Outline planning consent for the sports facilities was granted during March 1998. Only uses compatible with the adjacent food-related industries are considered acceptable in these locations.

5.18D The land at the Lever Faberge Complex, Bromborough, allocated under Proposal EM3A/1A and Proposal EM3A/3A, is part of a wider, mixed-use redevelopment scheme and is the subject of a separate Development Brief that was adopted by the Council in [date]. Development proposals at these sites will be expected to have close regard to the content of the Development Brief. No vehicular access will be permitted from Bromborough Road to either of these sites.

Policy EM3B – Phasing the Release of Employment Land Development will only be permitted on the previously undeveloped, greenfield Employment Development Sites allocated under Proposal EM3A where it can be demonstrated that:

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(i) the supply of previously developed urban land available for development within the North West Metropolitan Area would not be sufficient to meet identified local needs; or (ii) the development could not be appropriately accommodated at any other site within the North West Metropolitan Area.

POLICY EM3B - REASONED JUSTIFICATION

5.19A A number of the sites listed under Proposal EM3A comprise previously undeveloped greenfield land. Regional Planning Guidance for the North West indicates that greenfield sites should be accorded a lower priority within the sequential approach to meeting development needs.

5.19B The objective of Policy EM3B is to ensure that the regional priority to focus investment and urban renaissance to previously developed land within the North West Metropolitan Area is properly addressed in future planning decisions. Policy EM3B therefore seeks to limit the release of greenfield land to circumstances where there is a clearly identified need for the development and where suitable alternative land with a higher priority for development is unavailable within the North West Metropolitan Area.

Policy EM3C – The Control of Office Development B1 office-based uses likely to generate a significant number of trips will be permitted, subject to the criteria in Policy EM6A, at sites within or adjoining Birkenhead Town Centre and the centres listed in Proposal SH1D. Where land or buildings suitable for re-use or conversion are not available in or around Birkenhead Town Centre or a centre listed in Proposal SH1D, B1 office-based proposals at Employment Development Sites and in the Primarily Industrial Area will only be considered appropriate where they are, or can be made, highly accessible by a choice of means of transport, including public transport, cycling and walking. Where a proposal outside Birkenhead Town Centre or a centre listed in Proposal SH1D is not already highly accessible by a choice of means of transport, applicants will need to demonstrate that measures to enhance accessibility to an appropriate level can and will be secured before development will be allowed to go ahead. A section 106 legal agreement and/or a financial contribution may be sought to ensure that the appropriate measures will be secured.

POLICY EM3C - REASONED JUSTIFICATION

5.20A Regional Planning Guidance for the North West requires development plans to direct office developments that generate a significant number of trips to suitable locations within or adjoining main city and town centres or district centres and near to major public transport interchanges within urban areas.

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5.20B The objective of Policy EM3C is to protect, sustain and improve the vitality and viability of existing centres and to ensure that uses likely to generate a significant number of trips are only located in sustainable locations that are highly accessible by a choice of means of transport.

5.20C For the purposes of Policy EM3C, a “B1 office based development” will be defined as an office other than a use within Use Class A2 (Financial and Professional Services) as defined in the Town and Country Planning (Use Classes) Order 1987. A B1 office based development “likely to generate a significant number of trips” will be defined as a project large enough to require a Transport Assessment and a Travel Plan to be submitted, currently set in national planning advice as a project of 2,500 square metres or above.

Proposal EM4 - Expansion Land for Existing Businesses The following areas, as shown on the Proposals Map, are being held as expansion land for existing businesses and are confirmed as being considered suitable for uses falling within Classes B1, B2 or B8 of the Town and Country Planning (Use Classes) Order 1987, subject to Policy EM6, Policy EM7 and Policy EM9, should they become surplus to the requirements of the holding company: 1. Rear of Arrowebrook Road, Upton 2.0 ha 2. North of Plantation Road, Bromborough 6.0 ha 3. Former Power Station, Commercial Road 1.9 ha Bromborough (subject to Coastal Zone Policy CO1) 4. Land North of Oakdale Road, Seacombe 1.0 ha 5. Land South of Oakdale Road, Seacombe 1.3 ha TOTAL 12.2 ha

PROPOSAL EM4 - REASONED JUSTIFICATION

5.20. A number of sites are held by existing businesses for future expansion and are not expected to become available to other users. Their allocation under Proposal EM4 confirms their suitability for development and allows for general employment use if they become surplus to the requirements of the holding company. Proposal EM4/3 falls within the Coastal Zone and is, therefore, also subject to Policy CO1, which can be found in Section 20 of the UDP.

Proposal EM5 - Land at Dock Road South, Bromborough Land at Dock Road South, Bromborough, as allocated on the Proposals Map, is being held for the expansion of an existing business and is suitable for development in connection with that business or by others for uses within Classes B1, B2 or B8 of the Town and Country Planning (Use Classes) Order 1987, as amended, or for processes registrable under the Alkali, etc. Works Regulation Act 1906, subject to Policy EM6, Policy EM7, Policy EM9, Policy CO1, Policy PO1 and Policy PO8.

PROPOSAL EM5 - REASONED JUSTIFICATION

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5.21 Proposal EM3 and Proposal EM4 do not provide for sui generis employment uses which fall outside the normal categories of land-use set out within the Town and Country Planning (Use Classes) Order 1987, as amended. Land along the coast at Dock Road South, Bromborough has, however, been accepted through previous planning consents as an appropriate site to accommodate the expansion of registrable processes already carried out by a long established industrial employer nearby. This special case is, therefore, directly reflected within Proposal EM5.

5.22 Proposal EM5, nevertheless, seeks to ensure that appropriate environmental safeguards will continue to be applied to any future proposals for development in this location, in accordance with other relevant policies in the UDP.

Policy EM6A - General Criteria for New Employment Development New employment development, including proposals for the conversion, re-use or extension of existing premises, will be permitted on land allocated as an Employment Development Site, on land designated as part of a Primarily Industrial Area or as part of the Dock Estate, subject to all the following criteria: (i) the siting, scale and visual impact of any buildings or structures, including the choice of materials, boundary treatment and landscaping, is appropriate within the surrounding area; and (ii) the proposal will not have an adverse effect on the operations of neighbouring uses or compromise the future development of land in the vicinity for employment or other uses; and (v) adequate provision has been made for highway access and servicing, access by a choice of means of transport, off-street car and cycle parking, and the level of traffic generated can be accommodated by the existing or proposed highway network; and (iv) the proposal would not lead to an increase in the volume of heavy goods vehicles passing through a Primarily Residential Area where the roads used are not already identified as part of the main road network; and (v) appropriate measures will be secured to promote crime reduction, fire safety and prevention; and (vii) the proposal would have no adverse impact on current standards of fire cover; and (viii) the proposal complies with policies for the control of pollution and hazards contained within Section 21 of the Plan. Visually intrusive activities, or those involving the handling of wind- blown materials, will be required to carry out all operations, including loading, within a building.

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Areas for parking, servicing, loading and lorry marshalling should wherever possible be located towards the rear of the premises, or where the site lies near residential property, be situated at the far side of the building. Temporary uses, buildings or structures will only be permitted in exceptional circumstances and only for a period not exceeding five years. The Local Planning Authority will apply planning conditions in order to minimise the potential disturbance to neighbouring residential property and to ensure compliance with the other policies of the Plan.

Applications for all new employment development, on sites allocated for employment use or within Primarily Industrial Areas, including proposals for the conversion, re-use or extension of existing premises, will be permitted subject to Policy EM7 and all the following criteria: (i) the proposal does not lead to an unacceptable loss of amenity, have an adverse effect on the operations of neighbouring uses or compromise the future development of land in the vicinity for employment or other uses - visually intrusive activities, or those involving the handling of wind-blown materials, will be required to carry out all operations, including loading, within a building; (ii) satisfactory access to the development can be provided, before it comes into use, in a way which is not detrimental to the amenity of the area; (iii) the proposal does not generate traffic in excess of that which can be accommodated by the existing or proposed highway network; (iv) adequate off-street car and cycle parking is provided - servicing for vehicles should be to the rear of the premises, or where the site lies near residential property, situated at the far side of the building; (v) the siting, scale, design, choice of materials, boundary treatment and landscaping is of a satisfactory standard and is in keeping with neighbouring uses - temporary buildings or structures will only be permitted in exceptional circumstances and only for a period not exceeding five years; and (vi) where appropriate, the proposal also complies with the policies set out within Section 21 of the UDP. For the purposes of Policy EM6 "employment development" is defined as that falling within Classes B1, B2 or B8 of the Town and Country Planning (Use Classes) Order 1987, together with the following uses which are specifically excluded from the Use Classes Order: (a) land or buildings used for motor vehicle sales, display, hire or repair; (b) scrapyards, or yards used for the storage or distribution of minerals or the breaking of motor vehicles; and

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(c) uses involving the manufacture, processing, keeping or use of a hazardous substance above its controlled quantity. Policy EM7 - Environmental Criteria for New Employment Development Proposals which satisfy the requirements of Policy EM6 will be permitted when the Local Planning Authority is satisfied that the benefits of the proposal outweigh the disadvantages when assessed against the additional criteria set out below: (i) the extent to which the proposal will lead to an increase in the volume of traffic, especially heavy goods vehicles, passing through residential areas, particularly where the roads used are not already identified as part of the main road network; (ii) the extent to which existing natural features and vegetation have been incorporated into the proposal; (iii) the impact of the proposal on any site carrying nature conservation designations; and (iv) the extent to which the proposal is accessible by a choice of means of transport.

POLICYIES EM6A AND EM7 - REASONED JUSTIFICATION

5.23A Policy EM6A sets out general criteria which all proposals for employment uses, including the conversion, re-use or extension of existing premises, must satisfy. Policy EM7 identifies additional environmental factors to which the Local Planning Authority will have regard when assessing proposals which satisfy Policy EM6. These policies should be read in conjunction with the other policies and proposals, in Section 5 of the UDP, which identify the appropriate types of employment development for individual locations. General design guidelines, together with a fuller explanation of the industrial Use Classes can be found in Supplementary Planning Guidance Note 1.

5.24 As already indicated, the strategy set out in Section 5 of the UDP allows for flexibility in terms of broad land-use allocations while ensuring that individual developments are of a high standard. In addition to their economic benefits, new employment development should make a positive contribution to the Borough's environment and should not result in a loss of amenity, particularly in respect of neighbouring uses.

5.25 In every case The aim must be objective of Policy EM6A is, therefore, to achieve a high standard of development which will be of sufficient quality to ensure the long-term attractiveness of the area in which the proposal is located. Particularly high standards of development will be expected where the proposal is directly visible from a main transport routes into and through the Borough and or where the development will directly influence the image of the Borough as a whole the proposal is located within a designated Regional Investment Site.

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5.26 Special consideration needs to be given to potentially polluting or hazardous developments. While it is not the function of the planning system to duplicate the roles of the statutory authorities concerned with these issues, the UDP has an important role to play in controlling the location of development which has the potential to cause hazard or pollution. Separate policies dealing with potentially polluting or hazardous development are found in Section 21 of the UDP.

5.27A The Council is keen to reduce congestion, to minimise the impact of heavy goods vehicles on residential areas, and to see improved provision for a choice of means of transport. New development likely to have significant implications in terms of travel demand will be required to submit a Travel Plan, in accordance with Policy TR15A, in order to maximise sustainable transport options. The Council will, therefore, have regard to the extent to which a proposal is Applicants for major schemes will also be required to demonstrate how their proposal will be made accessible by a choice of means of transport. The Council will also seek to encourage the introduction of public transport services to new developments where such services do not already exist.

5.27B For the purposes of Policy EM6A, employment development will be defined as uses falling within Classes B1 (Business), B2 (General Industrial) or B8 (Storage or Distribution) as defined in the Town and Country Planning (Use Classes) Order 1987 (as amended); land or buildings used for the sale, display, hire or repair of motor vehicles and other showrooms that it would not be appropriate to locate within a designated Key Town Centre; and uses involving the manufacture, processing, keeping or use of a hazardous substance above its controlled quantity subject to Policy PO8.

5.27C New business development should be designed to meet the requirements of Section 17 of the Crime and Disorder Act 1998 and follow the principles of Secured by Design and Crime Prevention Through Environmental Design. Applicants are advised to seek the advice of the Merseyside Fire Service on for advice on fire safe design before submitting a planning application for new development.

Policy EM8A - Development within Primarily Industrial Areas Within the Primarily Industrial Areas indicated designated on the Proposals Map, proposals for the following uses will be permitted subject to Policy EM6A and Policy EM7: (i) uses falling within Use Classes B1 (Business) subject to Policy EM3C; (iA) uses falling within Use Classes B2 (General Industrial) or and B8 (Storage or Distribution) as defined in of the Town and Country Planning (Use Classes) Order 1987; and (ii) proposals for the reconstruction, extension or expansion of existing businesses;

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(iiA) including those proposals involving the manufacture, processing, keeping or use introduction of a notifiable hazardous substance above its controlled quantity subject to Policy PO8; and (iiB) proposals for the sale, repair, display or hire of motor vehicles and other showrooms that it would not be appropriate to locate within Birkenhead Town Centre of a centre listed in Proposal SH1D. Proposals for uses that would not be compatible with continued industrial activities, in terms of their environmental impact or the restrictions that they would place on new or existing industrial occupiers, will not be permitted within the Primarily Industrial Area.

POLICY EM8A - REASONED JUSTIFICATION

5.28A The UDP looks forward to the year 2016. During that time additional sites, other than those allocated as an Employment Development Site in Section 5 of the Plan, may become available within the Borough’s existing industrial areas as firms close, re-structure or re-locate. Regional Planning Guidance for the North West places a high priority on the effective use of existing buildings and infrastructure within urban areas including the re-use or conversion of empty buildings and the re-use of previously developed land. Development of this type is strongly preferred to the use of previously undeveloped, greenfield land.

5.28B The objective of Policy EM8A is, therefore, intended to support the regional priority for the re-use of existing buildings and previously developed land; to safeguard an appropriate environment for continued industrial activity; and to provide greater certainty for investors by making clear that any future proposals within such areas will have to conform to the same criteria as proposals on land specifically allocated for new employment development uses.

5.28C Alternative uses to those listed in Policy EM8A will not be permitted where they will prejudice existing or future industrial uses. Proposals for housing, retail and leisure uses will not be permitted unless an overriding local need can be demonstrated and that need cannot be met within Birkenhead Town Centre or a centre listed in Proposal SH1D or within the Primarily Residential Area.

5.29 The Council's corporate policy is to provide for environmental improvements within Primarily Industrial Areas. The emergence of new sources of employment and the decline of older industries is a continuous process. Some older industrial areas are not realistically capable of adapting to modern standards without comprehensive treatment and significant expenditure over a number of years. Many fall within the area of the Merseyside Development Corporation, and the Council will support the Corporation’s efforts to improve these areas.

5.30 The Council itself has also designated Industrial and Commercial Improvement Areas within the Wirral Docklands area, at Railway Road Industrial Estate and at Russell Road/ Oaktree Place, Rock Ferry. Within these areas, improvements

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have involved land assembly, improvements to roads and to access, servicing and landscaping.

5.31 Other locations outside the inner urban areas, for example, at the Cross Lane, Tarran, and Carr Lane Industrial Estates, do not qualify for Improvement Area status but would also benefit from measures such as improved landscaping, fencing and security arrangements. Detailed schemes will be drawn up as resources allow, and for the most part, will be implemented in partnership with local businesses and new employers.

Policy EM9 - Non-Employment Uses in Industrial Areas Proposals for retail or housing uses on land allocated for employment purposes will not be permitted.

POLICY EM9 - REASONED JUSTIFICATION

5.32A One of the key roles of the UDP is to identify and safeguard the long-term supply of employment land, including sites of different type and size. Policy EM8A also aims to support the vitality and viability of existing shopping centres and promote housing market renewal by restricting the range of uses that can be considered within a Primarily Industrial Area. Permitting other uses on land within the Primarily Industrial Areas allocated under Proposal EM3 and Proposal EM4 would may not only reduce the pressure for regeneration in other areas of the Borough and reduce the overall supply of employment land but may also introduce uses that which are incompatible with new or existing industrial activities. The introduction of incompatible uses could creating problems for the occupiers of the new and existing developments, and, for example, leading to the imposition of costly new restrictions or conditions relating to environmental health or pollution control, and harm the viability of the area for continued industrial production.

Policy EM10A - Birkenhead and Eastham Dock Estates Within the operational dock areas at Birkenhead and Eastham, shown as Dock Estate on the Proposals Map, development proposals beyond the permitted development rights of the Mersey Docks and Harbour Company or the Manchester Ship Canal Company will be subject to Policy EM8A, Policy EM9 and, where appropriate, Policy CO1. Particular regard will be had to the extent to which proposals will utilise the port and/or associated rail facilities and contribute to sustainable transport objectives.

POLICY EM10 - REASONED JUSTIFICATION

5.33A The Birkenhead dock estate has experienced a revival in fortune over recent years and makes an important and specialised contribution to the Wirral economy. In addition, significant local industries are dependent on the continuing existence of dockland facilities. The development of the docks has

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continued with the designation of much of the southern portion of the East and West Floats as a Freeport, which offers exemption from EC import duty, levies and quotas, and from UK import VAT, and with the development of the roll-on, roll-off ferry terminal at Twelve Quays.

5.34 Land allocated for port-related use in Birkenhead has already been determined by Act of Parliament and is owned and operated by the Mersey Docks and Harbour Company. Operational port activities such as loading, unloading and the storage of cargo is covered by permitted development rights and the role of the UDP in controlling these activities is therefore limited. Planning permission is, however, still required when land within the dock estate comes out of port use or where activities such as the processing of cargo takes place.

5.35A Eastham Docks fall within the estate of the Manchester Ship Canal Company who have similar permitted development rights to the Mersey Docks and Harbour Company. The Eastham Docks, however, perform a more specialist role by providing facilities for the handling of bulk liquids, serving the chemical and petrochemical industries at Ellesmere Port. It currently transports some 7 million tonnes of freight each year but has the capacity to handle up to 16 million tonnes.

5.36A River berths and associated dock facilities are a scarce national resource. The Local Planning Authority is keen to ensure that the potential of the docks systems is and river berths are fully exploited and, in co-operation with the operating companies Mersey Docks and Harbour Company, will continue to assess the changing patterns of port operation. The Local Planning Authority, where necessary, will also seek to ensure that any potentially adverse effects on the surrounding highway network, residential and business areas outside the dock estates are minimised.

5.37A The dock estates at Birkenhead and Eastham are both designated on the UDP Proposals Map. In the case of Eastham, the area shown is that which lies outside the Merseyside Green Belt. Policy EM10A makes clear that any proposals which fall outside the permitted development rights of the two dock companies will be assessed using the criteria set out in Policy EM8A and Policy EM9. In the case of that portion of the Eastham dock estate which lies within the designated Coastal Zone, Policy CO1A will also apply. Policy CO1A can be found in Section 20 of the UDP.

5.38A Both Dock Estates are key regional and national assets with well-established inter-modal transport facilities. Both offer the potential to provide for the more sustainable transport of freight. There are, for example, few opportunities within the Borough to serve new development by rail transport in order to reduce road congestion and vehicle exhaust emissions. The Local Planning Authority will, therefore, particularly welcome developments which could utilise this potential in the pursuit of sustainable transport objectives rail facilities in Birkenhead docks.

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Policy EM11 - Bidston Observatory and the Proudman Oceanographic Laboratory Within the area delineated on the Proposals Map, development will only be permitted where the impact of the proposals can be shown to be minimal in terms of: (i) the setting of the wider area designated as Urban Greenspace; (ii) the visual impact on the Area of Special Landscape Value; and (vi) the impact on the historic setting of the site and on its Listed Buildings; subject to the need to meet the ongoing technical requirements of the Observatory.

POLICY EM11 - REASONED JUSTIFICATION

5.39 The site of the Bidston Observatory and Lighthouse, now the site of the Natural Environment Research Council’s Proudman Oceanographic Laboratory, has long been established as an important focal point at the summit of Bidston Hill. The Laboratory remains an internationally recognised centre of excellence but falls within a major Urban Greenspace which is also designated not only for its importance for nature conservation but also as an Area of Special Landscape Value.

5.40 The site is, however, of historic importance and has been the base of pioneering scientific research. The original observatory building was built in 1866 primarily in order to measure the movement of the stars against which mariners’ chronometers could be checked or rated. The later lighthouse was built in 1873, by the Mersey Dock Estate, in order to guide ships into the Mersey Estuary. Both, together with their surrounding stone perimeter wall, are now listed for their special architectural and historic interest.

5.41 Given the combination of factors set out above, a land-use policy is required which will ensure that the need to allow the current use of the site to continue to function effectively is properly balanced against the need to ensure that all the necessary environmental safeguards are also met when considering future development proposals for the area. Policy EM11, therefore, seeks to ensure that any further necessary development in this sensitive location will only be permitted having proper regard to these considerations. In particular, Policy EM11 seeks to prevent future development from spreading across the Hill into the area to which the public normally have access.

Policy EM12 - Employment Development in Primarily Residential Areas Within the Primarily Residential Area, development proposals involving the use, storage, manufacture or processing of notifiable hazardous substances, or other inappropriate development likely to result in a detrimental change in the character of the area, will not be permitted.

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POLICY EM12 - REASONED JUSTIFICATION

5.42 The aim of land-use planning policy in the UDP is, generally, to concentrate new employment development within the Borough’s established industrial areas. Employment development which falls within Class B1 of the town and Country Planning (Use Classes) Order 1987, may, however, be acceptable in a Primarily Residential Area, subject to Policy HS15.

5.43 In respect of an existing business, which has become dominant and intrusive in an inappropriate location, the Council will first seek to bring the activity within acceptable standards. Where this proves impossible, the Council will then seek to relocate the business either by agreement or, where necessary, by compulsory purchase. This will particularly be the case when the use is causing serious difficulties in a residential area or where the development potential of a wider area is being prejudiced.

5.44 Policy HS15 can be found in Section 6 of the UDP.

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6. HOUSING

PART ONE POLICY

POLICY HSG1A - NEW DWELLING REQUIREMENT THE LOCAL PLANNING AUTHORITY WILL ENSURE THAT AN ANNUAL AVERAGE RATE OF 16010,500 NET NEW DWELLINGS PER ANNUM CAN BE PROVIDED IN THE PERIOD APRIL 1986 TO MARCH 2001 LAND TO ACCOMMODATE THIS SUPPLY WILL BE PHASED AS FOLLOWS: (i) APRIL 2003-MARCH 2006 480 DWELLINGS AT AN ANNUAL AVERAGE OF 160 NET DWELLINGS PER ANNUM; (ii) APRIL 2006-MARCH 2011 800 DWELLINGS AT AN ANNUAL AVERAGE OF 160 NET DWELLINGS PER ANNUM; (iii) APRIL 2011-MARCH 2016 800 DWELLINGS AT AN ANNUAL AVERAGE OF 160 NET DWELLINGS PER ANNUM. IN EACH PHASE OF THE PLAN AT LEAST 65% OF NEW DWELLINGS BY NUMBER WILL BE PROVIDED ON PREVIOUSLY DEVELOPED LAND

POLICY HSG1A - REASONED JUSTIFICATION

6.1A The provision of new dwellings is one of the most important issues for the Unitary Development Plan. The need for new dwellings arises from the formation of new households, particularly as families have become smaller, and from the need to replace older, substandard dwellings. Wirral’s Community Strategy theme is that of:

‘Ensuring that a wide range of good quality, affordable housing is available for all our residents, which is secure, affordable, well-maintained and meets varied and changing needs.’

6.2 Whilst land for new dwellings is required to satisfy most of these needs and to provide for an element of demand from housebuyers, for most Wirral residents, the condition of the existing housing stock is of most importance. The policies of the UDP complement the Council’s Housing Strategy, which aims to improve the existing stock and to encourage the provision of affordable housing.

6.3A The overall requirement for new dwellings to be provided in Wirral over the UDP period of April 20011986 to March 20162001 is set out as an annual requirement in Regional Planning Guidance for the North West (RPG13). reflects the need and demand for new dwellings in Wirral. The figure of an average of

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160 new net dwellings per annum has been applied since April 2002 and is to be used until the RPG new housing requirement is reviewed. Most of these new dwellings will come from the construction of new houses, although there will be an important contribution from the conversion of non-residential property and the sub-division of large old houses, together with reductions in vacancy rates.

6.4 The figure of 10,500 has been derived from an analysis of household growth and migration over the UDP period, together with assumptions about the rate of demolition, both of older private houses and of surplus hard-to-let Council property, and the vacancy rate within the existing stock.

6.5 The UDP housing requirement was originally set out in Strategic Planning Guidance for Merseyside as 9,500, which represented 7,750 new dwellings to accommodate housing need and 1,750 new dwellings to satisfy housing demand. This figure of 9,500 has been increased to 10,500 so as to reflect more recent population and household projections, together with an allowance for housing demand.

6.6 The housing requirement figure of 10,500 represents an average building rate of 700 per annum over the fifteen year period of the UDP, a figure well below the demand level of the early 1980’s. Figure 1, overleaf, sets out building rates from April 1981 to March 1997 and shows the relationship between those rates and that derived from the UDP housing requirement.

6.6A The RPG housing requirement is set out in Policy UR7 and Table 5.1 of RPG13. The RPG housing strategy is to support the renaissance of the two conurbation cores in the North West, through concentration of investment at the heart of the conurbations. Within Wirral, Tranmere, Birkenhead and Seacombe, together with parts of Bidston and Liscard, have been defined as within the Merseyside Housing Market Renewal Pathfinder area, which has a high priority for regeneration. Outside the conurbation cores, a North West Metropolitan Area (NWMA) has been defined, where additional development should be focussed. Areas to the east of the M53 motorway, plus Woodchurch, Leasowe, Wallasey and New Brighton, are within the NWMA (Policy SD1 of RPG13 refers). West of the NWMA, development is restricted to accommodating or fulfilling local communities’ needs for housing (Policy SD3 of RPG13 refers) Local housing needs are defined in the Glossary of RPG13.

6.6B These three strategic areas are reflected in the sequential approach to be followed in releasing land for housing development. Under the Council’s Corporate Plan priority brownfield sites are to be used in preference to greenfield land and the Green Belt is to be protected from development. The target is set in RPG13, that at least 65% of new dwellings should be provided from previously developed land. The Council’s Community Strategy aims to achieve a target of 70% of new development in regeneration areas on brownfield (previously developed) land sites.

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6.6C Over the 15-year period of the UDP, the annual average rate of net new dwellings of 160 units per annum would produce a requirement of 2,400 new dwellings. However, the actual number of new dwellings provided will depend upon the rate of clearance replacement required, in addition to changes in the rate of household formation. The rate at which new dwellings are provided, together with the rate of clearance will both be monitored by the Council on an annual basis and will be fed back into the Regional Planning Guidance process as part of the Plan, Monitor and Manage approach to housing provision.

Figure 1 – Wirral New Dwellings

[Bar Chart]

Figure 2 - Sources of New Dwellings April 1986 to March 2001

(i) New Dwellings 1986-1995 New build completions April 1986-March 1995 6,173 Net change from conversions April 1986-March 1995 670

(ii) New Build Sites Identified at March 31 1995 Sites under construction > 0.4 ha 742 (units not started + under construction on sites with pp) Sites not started > 0.4 ha 249 (units not started on sites with planning permission) Sites under construction > 0.4 ha 12 (units not started + under construction on UDP allocated sites) Sites not started > 0.4 ha 802 (units not started on UDP allocated sites) Sites not started > 0.4 ha 160 (units not started on sites with lapsed consents) Sites under construction < 0.4 ha 290 (units not started + under construction on sites with pp) Sites not started < 0.4 ha 549 (units not started on sites with planning permission)

(iii) New Build Contribution From Sites Identified After 31 March 1995 Sites > 0.4 ha 300 (units not started on sites now recommended for UDP allocation) Sites > 0.4 ha 350 (units not started on other sites) Sites < 0.4 ha 200 (units not started on other sites)

(iv) Future Net Gain From Conversions 300

TOTAL DWELLING SUPPLY 1986-2001 10,797

Figure HSG1 - Wirral New Dwellings

Period (years) Total new dwellings (units) Previously Developed (%)

1986/1991 4,256 65% 1991/1996 3,344 72%

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1996/2001 3,537 75% 2001 onwards 1,215 81%

Whole period 12,352 71% Last 5 years 3,500 77%

@ April 2003

PART ONE POLICY

POLICY HSG1B – SOURCES OF NEW DWELLINGS APRIL 2001 TO MARCH 2011

LAND TO ACCOMMODATE THE HOUSING REQUIREMENT OF 160 NET NEW UNITS PER YEAR WILL COME FROM THE FOLLOWING SOURCES:

Brownfield Greenfield Total

(i) New dwellings completed 921 241 1162 April 2001-March 2003

(ii) Units not started and under 669 422 1091 construction on sites under construction at April 2003

(iii) Units with planning permission 500 72 572 on sites not started at April 2003

(iv) Units on sites 1009 90 1099 allocated for residential development

(v) Net change from conversions 250 0 250 April 2003-March 2008

Percentage of supply from land type 80% 20% 100%

TOTAL SUPPLY 2001-2011 3349 825 4174

POLICY HSG1B - REASONED JUSTIFICATION

6.6D Land to accommodate the RPG13 housing requirement of 160 net new units per year will come from a variety of sources. New build completions and net change from conversions between April 2001 and March 2003 have totalled 1,162 new dwellings. Committed sites that are under construction or which have outstanding planning permissions capable of implementation at April 2003 are shown at Appendix 2A. A windfall allowance of 250 net new units from conversions of non-residential buildings to residential and intensification of

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existing residential buildings has been made for the five-year period from April 2003 to March 2008. New allocations are listed under Proposal HS1A.

6.6E National planning advice in PPG3 is that local planning authorities should aim to identify sufficient land only to accommodate the housing requirement of Regional Planning Guidance and should use the results of Urban Capacity Studies to demonstrate the sufficiency of that supply. An Urban Capacity Study allows the rate to be achieved from windfall housing sites to be justified. There is already sufficient housing land identified to accommodate the RPG13 housing requirement and no windfall allowance is set out, other than for net change from conversions.

Proposal HS1A - Land Allocated for Residential Development

The following sites are allocated on the Proposals Map for new housing development in the period April 2003 to March 2016, subject to Policy HS4A 1993 to March 2001: Area Units Land (ha) (no.) Type

1. Old Birkonians, Noctorum 12.90 250 2. South of Ditton Lane, Leasowe 8.00 190 3. Claremount, Reeds Lane, Moreton 5.00 150 4. North of Rose Brae, Birkenhead 2.34 130 5. Laird Street Bus Depot, Birkenhead 2.57 100 6. Land to the east of Fender Farm, Moreton 4.06 90 7A. West of Manor Drive, Moreton 3.04 90 G 8. South of Leasowe Hospital, Leasowe 1.50 30 9. W of Tideway, Kings Parade, Wallasey Village 1.43 29 10. 87-99 St Paul’s Road, Seacombe 0.40 20 11. N of Bus Depot, New Chester Rd, Rock Ferry 0.52 20 12. SE of Social Centre, Highcroft, Bebington 0.40 15 13. 155-175 Borough Road, Seacombe 0.59 10 14. Stylewear/ Buxton Road, Rock Ferry 0.58 10 15A. Great Bear Warehouse, Bromborough 5.60 150 B 16A. Bromborough Road, Bromborough 3.40 100 B 17A. Berwick Close, Beechwood 3.02 47 B 18A. Fmr Met College, Oxton 2.13 228 B 19A. Fairbeech, Beechwood 1.96 70 B 20A. Dock Road North, Bromborough 1.45 45 B 21A. Wharf Street, Port Sunlight 1.33 40 B 22A. Fmr Weatherhead, Coronation Ave, New Brighton 0.87 26 B 23A. Fmr 41-121 Cameron Road, Leasowe 0.79 32 B 24A. 537-573 New Chester Road, Rock Ferry 0.77 23 B 25A. Fmr Gibson House, Seabank Road, Egremont 0.75 55 B 26A. Green Lane, Tranmere 0.60 53 B 27A. Fmr Mount Primary, New Brighton 0.56 17 B 28A. Aspendale Road, Tranmere 0.53 25 B 29A. Fmr Weatherhead, South Villas, New Brighton 0.51 15 B 30A. Fmr Weatherhead, Mount Pleasa nt, New Brighton 0.51 15 B 31A. Fmr Flats, Fordway, Upton 0.45 13 B 32A. Fmr flats, New Hey Road, Woodchurch 0.45 10 B 33A. Fmr flats, New Hey Road, Woodchurch 0.43 13 B 34A. 41-64 Arley Close, Beechwood 0.42 17 B 35A. Fmr Goods Yard, The Sidings, Rock Ferry 0.42 15 B 36A. Bidston Observatory, Boundary Road 0.92 85 B

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Totals 15.03 430 Totals 30.90 1184

PROPOSAL HS1A - REASONED JUSTIFICATION

6.7A Strategic Guidance for Merseyside recognised that tThere are significant constraints to new housing development in much of Wirral, with its tight Green Belt, important urban greenspaces, extensive areas of good agricultural land and sites of ecological importance. The allocations in Proposal HS1A support urban regeneration in the Housing Market Renewal Initiative Area and the North West Metropolitan Area. They also and keep the Green Belt intact.

6.8A Together with the outstanding commitments outlined in Policy HSG1B Figure 2 these allocations also support the wider aims of sustainable development and reduced energy usage in that they concentrate development within the urban area, minimise the use of previously undeveloped land and reduce the need to travel.

6.8B Most of the sites allocated under Proposal HS1A are previously developed brownfield land. Only Proposal HS1A/7A, west of Manor Drive, Moreton, is a Greenfield site. This site will be protected from development by phasing its release until all other more sustainable previously developed sites have been developed.

6.8C The land at the Great Bear Warehouse and at Bromborough Road, Bromborough, allocated under Proposal HS1A/15A and Proposal HS1A/16A, is part of a wider, mixed-use redevelopment scheme and is the subject of a separate Development Brief that was adopted by the Council in [date]. Development proposals at these sites will be expected to have close regard to the content of the Development Brief. No vehicular access will be permitted from Bromborough Road to either of these sites.

Proposal HS2 - Land at Noctorum Way, Noctorum

The above site, as shown on the Proposals Map, is allocated for housing development subject to: (i) the reservation, laying out and landscaping of a new local neighbourhood park at Noctorum Way, as allocated under Proposal GR2/36; (ii) the installation of children’s play equipment at the site identified under (i) above in accordance with Proposal RE12/6; (iii) provision being made in the scheme for improved access to Townfield Primary School in order to improve road safety outside the school;

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(iv) provision for appropriate landscaping throughout the site and along its external boundaries in order to preserve the visual character of the area; (v) provision being made for formal access through the site from the existing public access at Holmlands Drive to the Ridgeway High School complex; (vi) appropriate highway works being undertaken at the entrance to the site at its junction with Noctorum Way before the development is occupied; and (vii) compliance with other relevant policies of the Plan. The detailed design of the development to be permitted will be the subject of a development brief to be prepared by the Council and the works specified above will be subject to a Section 106 planning obligation with the future developers of the site.

PROPOSAL HS2 - REASONED JUSTIFICATION

6.9 The allocation of land at Noctorum Way in Noctorum (Old Birkonians) provides the largest single housing development site within the UDP. Because of its scale and location, the Council believe it is necessary to set out certain requirements for open space, children’s play, access and landscaping.

6.10 Development of the site may take a number of years and involve a number of developers. The Council therefore proposes that a development brief should be prepared for the site, so as to achieve a comprehensive and co-ordinated development which can provide for a range of housing types.

Proposal HS3 - Land to the East of Fender Farm, Moreton

The above site, as shown on the Proposals Map, is allocated for housing development subject to: (i) the satisfactory relocation of the riding school and stables in accordance with Proposal AG9; (ii) provision of appropriate landscaping throughout the site and along its external boundaries in order to protect the visual amenities of the adjoining Green Belt in accordance with Policy LA7 and in order to reflect the wider need for landscape renewal within the M53 Corridor; (iii) the provision of new urban greenspace at the rate of 60 square metres for every new dwelling constructed in accordance with Policy GR6; (iv) appropriate highway works being undertaken at the entrance to the site at its junction with Fender Lane before the development is occupied; (v) adequate provision being made in terms of the prevention of flooding; and

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(vi) compliance with other relevant policies of the Plan. The works specified above will be subject to a Section 106 planning obligation with the future developers of the site.

PROPOSAL HS3 - REASONED JUSTIFICATION

6.11 Land to the east of Fender Farm in Moreton is allocated for new housing development, subject to the satisfactory re-location of the existing riding school and stables. Proposal HS3 is intended to ensure that new development will have regard to this requirement and to other relevant policies of the Plan.

Policy HS1B – Sequential Approach to New Housing Development Land for new housing development will be released for development in the following sequence, with (i) representing the most favourable sites and (viii) the least favourable: (i) Previously developed redevelopment sites and buildings in the HMRI Pathfinder area; (ii) Previously developed redevelopment sites and buildings in the North West Metropolitan Area (NWMA); (iii) Previously developed redevelopment sites and buildings outside the NWMA; (iv) Greenfield land allocations in the NWMA; (v) Greenfield land allocations outside the NWMA; (vi) Greenfield windfall sites in the HMRI Pathfinder Area; (vii) Greenfield windfall sites in the NWMA; (viii) Greenfield windfall sites outside the NWMA Planning permission will not be granted for new housing development on Greenfield sites until the supply of land available for housing development at April 1st in the current year is less than 1,600 units as measured in the Council’s Annual Monitoring Report. Planning permission will not be granted for new housing development on any site outside the NWMA until the supply of land available for housing development at April 1st in the current year is less than 1,600 units as measured in the Council’s Annual Monitoring Report, except in the following circumstances: (i) where the planning application is for a one-for-one replacement; or (ii) where the planning application is for development for which outline planning permission has already been granted (including reserved matters applications), is extant and the new proposal is for no more units than already have planning permission; or

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(iii) where the planning application is on a site with an extant planning permission capable of implementation and the number of dwellings applied for will be the same as, or less than, in the extant permission; or (iv) where the applicant can demonstrate all of the following: (a) that the proposal will not harm urban regeneration within the NWMA; and (b) that the proposal will not harm the character of the adjoining area; and (c) that the proposal will assist the regeneration of the site; and (d) that the proposal will meet an identified local housing need. (v) that this approach be not applied to nursing homes, residential care homes or other residential institutions that provide residential accommodation and care to people in need of care, as defined by Use Class C2 in the Town and Country Planning (Use Classes) Order 1987.

POLICY HS1B – REASONED JUSTIFICATION

6.11A National policy in PPG3 and regional policy in RPG13 advise that a sequential approach to site release should be followed, with a focus on the most accessible previously developed land and buildings being developed before greenfield sites.

6.11B The sequential approach also considers the role to be played by reducing the number of vacant dwellings. This is addressed by the Council’s Empty Property Strategy, which acknowledges the Government’s aim that vacancy rates should be reduced to 3% (Policies UR6 and UR7, RPG13, March 2003). At April 2003, Wirral’s Housing Investment Programme (HIP) return showed that vacancy rates in Wirral were 4.79% (6,821 properties of a total of 142,485 dwellings). If the vacancy rate were reduced by 1.79% this could return 2,550 dwellings to the occupied stock, as a vacancy rate of 3% equates to 4,275 dwellings. In practice, the contribution to be made by reducing vacancy rates will be limited by the future of many of the currently vacant properties. Some will be cleared with some of the sites offering potential for redevelopment.

6.11C The sites summarised at Policy HSG2A above include all sites committed by existing planning permissions, on both previously developed or greenfield sites. The sequential approach seeks to prioritise development by the use of previously developed sites before greenfield sites. In order to achieve that priority, planning permission will not be renewed for greenfield sites until the supply of previously developed sites has fallen below that necessary to accommodate the RPG13 housing requirement over a ten year period.

6.11D Regional Planning Guidance also stresses the need to direct new development towards the NWMA. The west of the Borough, outside the NWMA is under pressure from new development because of the strength of the housing market.

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Without restraint of development in the west of the Borough, new development would continue to be brought forward in the west, to the detriment of urban regeneration in the east of the Borough.

6.11E For the avoidance of doubt, “previously developed” will be defined as set out in Annex C of PPG3 (March 2000) and “greenfield” land will be defined as all land that is excluded from the definition “previously developed” set out in Annex C of PPG3.

Policy HS4A - Criteria for New Housing Development

Proposals for new housing development on allocated sites and on redevelopment sites within the Primarily Residential Areas shown on the Proposals Map will be permitted subject to Policy HS1B, Policy HS5 and the proposal fulfilling all the following criteria: (i) the proposal being of a scale which relates well to surrounding property, in particular with regard to existing densities and form of development; (ii) the proposal not resulting in a detrimental change in the character of the area; (iii) access and services being capable of satisfactory provision, particularly for off-street car parking areas and garages, and adequate vehicular access; (iv) the provision of appropriate landscaping and boundary treatment which relates the proposed development to its surroundings, paying particular attention to the maintenance of existing natural features and vegetation in accordance with Policy GR5; (v) the appropriate provision of design features which contribute to a secure environment and reduce the likelihood of crime; (vi) incorporating provision for accessible public open space and children’s play areas in accordance with Policy GR6A; and (vii) the provision of adequate individual private or communal garden space to each dwelling. Redevelopment sites do not include infill of existing gardens, only those sites where the existing dwelling is to be or has been demolished. Flatted schemes will only be permitted in areas of high public transport accessibility: (a) within 400 metres safe and convenient walking distance of Birkenhead Town Centre, the centres listed under Proposal SH1D, or of a railway station or (b) within 200 metres safe and convenient walking distance of a bus route with a frequency of 20 minutes or less in each direction. For all proposals whose main elevations are parallel, or nearly so, an adequate distance should be kept between habitable rooms in separate dwellings. In addition, where the gable end of one property fronts onto

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the rear elevation of another, then an adequate separation should be achieved.

POLICY HS4A - REASONED JUSTIFICATION

6.12A The environment around the home has a major impact on residents’ quality of life. When new residential development is proposed, both on allocated sites where a new environment is being created and where new housing is proposed within the existing residential areas, it is important that new housing blends in well with that already built and creates a safe external environment. The Council’s Community Strategy aims to ensure that high quality urban design in new housing developments can increase Wirral’s sense of place.

6.13 Detailed design is largely a matter for the developer and his client. However, the UDP can provide guidance on safeguarding the quality of the residential environment, so that proposed development can bring positive benefits. Policy HS4A therefore sets out a series of appropriate environmental safeguards. Additional advice on the design of residential roads and footpaths can be found in Supplementary Planning Guidance Note 14.

6.13A The Council has resolved that new housing development should not be allowed on infill sites within established residential areas but only where redevelopment of existing property is achieved. This will apply in west Wirral as well as within the North West Metropolitan Area.

6.13B. High-density housing development is most appropriately directed towards sites with a high level of public transport accessibility. Such sites minimise reliance on the private car and maximise the use of public transport, walking and cycling. National advice is that such developments are also appropriate close to town centres, where there is a concentration of services and community facilities.

6.13C New housing development should be designed to meet the requirements of Section 17 of the Crime and Disorder Act 1998 and to follow the principles of Secured by Design and Crime Prevention Through Environmental Design. Applicants are advised to seek the advice of the Merseyside Police Crime Reduction Officers before submitting a planning application for new housing development.

Policy HS5 - Density and Design Guidelines

In the following existing residential areas as outlined on the Proposals Map, in addition to the criteria in Policy HS4A, proposals for new residential development will be subject to controls over density and layout as follows: 1. Noctorum Ridge, Noctorum Zone 1

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Maximum density of 10 dwellings per hectare in low-rise development. New purpose-built blocks of flats and the conversion of existing property into self-contained flats will not be permitted. Zone 2 Density range 25-30 dwellings per hectare in two or three storey houses. New purpose-built three storey blocks of flats will not be permitted, although the conversion of existing property into self-contained flats will be permitted subject to Policy HS13. Zone 3 Density range up to 30-60 dwellings per hectare for new purpose-built three storey blocks of flats. New sheltered housing of a higher density and nursing/ residential care homes will be permitted subject to Policy HS7 and Policy HS8. The conversion of existing property into self- contained flats will be permitted subject to Policy HS13. 2. Mountwood, Prenton Maximum density of 7.5 dwellings per hectare, with plot frontages comparable to those of plots in close proximity. The conversion of existing property into self-contained flats will not be permitted. 3. Meols Drive, Hoylake Maximum density of 20 dwellings per hectare, with plot frontages comparable to those of plots in close proximity. Within Zones 4, 5 and 7 new purpose-built flats will not be permitted. In Zone 5 any new development should access Eddisbury Road and not Meols Drive. New sheltered housing of a density higher than 20 dwellings per hectare and nursing/ residential care homes will be permitted in Zones 1, 2, 3 and 6, subject to Policy HS7 and Policy HS8. 4. Stanley Road, Hoylake Zone 1 The conversion of existing dwellings into self-contained flats will be permitted. Zone 2 The conversion of existing dwellings into self-contained flats will be permitted, as will the redevelopment of pairs of dwellings to provide three storey blocks of flats at a maximum density of 35 dwellings per hectare. Zone 3 Redevelopment should be at a maximum density of 35 dwellings per hectare. Zone 4 Redevelopment should be at a maximum density of 25 dwellings per hectare. Zone 5 New purpose-built flat development will not be permitted.

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Plot frontages for new purpose-built flat developments to be comparable to those of plots in close proximity. New sheltered housing of a density higher than 35 dwellings per hectare and nursing/ residential care homes will be permitted in Zones 2 and 3 subject to Policy HS7 and Policy HS8. 5. Gayton Zone 1 Any development permitted should be of small scale. Zone 2 Density should be at a maximum of 7.5 dwellings per hectare, with plot frontages and set backs comparable to those of plots in close proximity. Open plan frontages will not be permitted. Zone 3 Development will only be permitted on plots with a frontage and depth comparable to those of plots in close proximity. 6. Gleneagles Park, Caldy On plots 7-31 and 35-38 only bungalows will be permitted. On all other plots only two storey dwellings will be permitted. Each dwelling should have a minimum of 6.0 metres between it and the side boundary and a set back from the plot frontage of at least 12.0 metres. 7. Caldy Zone 1 Maximum density of 2.5 dwellings per hectare. Zone 2 Higher densities may be permitted subject to the development preserving or enhancing the Conservation Area.

POLICY HS5 - REASONED JUSTIFICATION

6.14 Many of the Borough's older established residential areas have a special character derived from their architecture and extensive mature gardens. These areas are attractive to residents and there is always pressure for new dwellings through both infill and redevelopment.

6.15 Many of the existing dwellings are large and require adaptation and conversion to accommodate today's smaller households. New development therefore offers a challenge to their existing character which can be addressed by specific controls on the density of new development. The guidelines set out in Policy HS5 are long established and have been successful in controlling new and converted housing, by retaining the best property as far as possible and by preserving the spaces between buildings.

1. NOCTORUM RIDGE

6.16 The Noctorum Ridge extends for 2.5 kilometres from Bidston Hill in the north to Woodchurch Road in the south and for 2 kilometres from Ford Hill in the west to Slatey Road in the east. It includes a number of different areas of mature

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housing, ranging from the large detached houses around the Wirral Ladies Golf Course to the densely developed Victorian housing around Oxton Village.

6.17 However, the pressure for development on the Ridge, which is one of Birkenhead's most popular housing areas, has led to a threat to its character. The Council's response has been to divide the area into a number of separate zones of differing character and capacity for varied development. This diverse area provides for a full range of housing needs, from converted flats for small households in the east of the area, to large high-quality family housing in the west.

6.18 Zone 1 is comprised of large detached houses with extensive gardens. The abundance of mature trees and shrubs together with the low density of development create an area of considerable environmental quality.

6.19 Zone 2 contains many of the older two and three storey houses on the Ridge. A number of these original properties have been refurbished for use as single family dwellings, some have been sub-divided into flats, while others have been converted into residential/ nursing homes. The retention and refurbishment of existing properties is to be encouraged.

6.20 Zone 3, although similar in basic character to Zone 2, is considered suitable for new three storey flat developments or conversion to flats because of the large plot sizes, adjoining open spaces and the massing of buildings. Further advice on the Noctorum Ridge Guidelines Area is contained in Supplementary Planning Guidance Note 2.

2. MOUNTWOOD

6.21 The Mountwood area, to the west of Mount Road, south of Prenton Lane, is characterised by large Edwardian and post-Edwardian detached houses in well- treed gardens. It is important that this character is preserved and that any new development should reflect the existing density, frontage length, quality of enclosure and landscaping. The area retains its function of providing for high quality medium-sized family accommodation and it is felt that the replacement of existing houses with flats is not appropriate. Further advice on the Mountwood Guidelines Area is contained in Supplementary Planning Guidance Note 3.

3. MEOLS DRIVE

6.22 Meols Drive between Hoylake and West Kirby has a distinctive character based on mature landscaping and consistently large houses with a variety of architectural form and detailing. Whilst many of these houses have remained in single family occupation, some have been converted into flats and there is pressure to redevelop others for blocks of flats or for smaller houses. New dwellings should, as far as possible, reflect the size of existing buildings, having two or three storeys with pitched roofs and generous architectural features.

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Further advice on the Meols Drive Guidelines Area is contained in Supplementary Planning Guidance Note 4.

4. STANLEY ROAD

6.23 The Stanley Road/ Kings Gap area of Hoylake has a distinctive character, deriving from the large houses, variety of architecture and open coastal location. The size and design of the largest houses has in many cases precluded their continued use as single dwellings and there is pressure for redevelopment. New development should be sympathetic to the existing character of the area and as far as possible reflect the size and scale of the existing buildings.

6.24 In Zone 1, although the majority of proposals are likely to be for the conversion of dwellings to provide flats, redevelopment of pairs of semi-detached houses should respect the formal and rigid layout of the Kings Gap.

6.25 In Zones 2, 3 and 4 the proposed densities will assist in maintaining the prevailing character of the area.

6.26 Zone 5 contains some of the best large family houses in west Wirral set in large plots with fine architectural detailing. Further advice on the Stanley Road/ Kings Gap Guidelines Area is contained in Supplementary Planning Guidance Note 5.

5. GAYTON

6.27 Gayton lies to the south-west of Heswall Town Centre, between the Chester High Road and the Dee Estuary. The area of control is a mixture of the historic village and the newer, extensive suburbs.

6.28 Zone 1 consists of Gayton Village, formerly a self-contained farming community. The village is centred on Gayton Hall which is surrounded by wooded grounds and approached by the original cobbled lane with high walls on either side.

6.29 Zone 2 consists of large family houses set in extensive, well-treed grounds with strong boundaries. New development should reflect this character in its density and siting.

6.30 Zone 3 is more mixed, with higher densities and a more varied layout, including building lines much closer to the road frontage. Further advice on the Gayton Guidelines Area is contained in Supplementary Planning Guidance Note 6.

6. GLENEAGLES PARK

6.31 The Gleneagles Park estate lies to the south of Caldy Village and provides one of the largest sites for new, high-quality housing in Wirral. It has been divided into plots which are being sold for development with individual houses or bungalows.

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6.32 The area around Caldy Village itself is characterised by large family houses set in landscaped gardens with high hedges or solid, dark wooden fences. It is intended that the Gleneagles Park area can eventually mature into a similar form of development.

6.33 Whilst most of the remaining plots are suited to two storey houses, some plots including those backing onto the Green Belt to the south and the Wirral Way to the west should be restricted to bungalows only. This should minimise the impact on the surrounding countryside and impart a unity of design to the development. Further advice on the Gleneagles Park Guidelines Area is contained in Supplementary Planning Guidance Note 7.

7. CALDY

6.34 Caldy is a high-quality housing area centred on a small village which has developed eastwards to Caldy cross-roads and north towards West Kirby. Most areas were developed from the beginning of the 20th Century with large family houses in landscaped grounds.

6.35 Zone 1 forms the core of the village and is densely developed with frontages close to the road. Much of this area has been recently redeveloped and there are few other opportunities for new housing. A density of 2.5 dwellings per hectare should maintain the character of this area.

6.36 Zone 2 outside the core area contains larger plots with their houses set back from the road frontage. Within this area higher densities will only be appropriate subject to the proposals effect on the character of the area. Further advice on the Caldy Guidelines Area is contained in Supplementary Planning Guidance Note 8.

PART ONE POLICY

POLICY HSG2 - AFFORDABLE HOUSING WHERE APPROPRIATE, THE LOCAL PLANNING AUTHORITY WILL NEGOTIATE WITH DEVELOPERS AND HOUSING ASSOCIATIONS, TO ENCOURAGE THE PROVISION OF AN ELEMENT OF AFFORDABLE HOUSING, ON SITES ALLOCATED FOR NEW HOUSING DEVELOPMENT AND ON SITES NOT ALLOCATED BUT WHICH COME FORWARD FOR DEVELOPMENT. THE LOCAL PLANNING AUTHORITY WILL SEEK TO ENSURE THAT SUCH NEGOTIATED AFFORDABLE HOUSING IS RESERVED FOR THOSE MOST IN NEED THROUGH THE USE OF LEGAL AGREEMENTS.

POLICY HSG2 - REASONED JUSTIFICATION

6.37 Affordable housing is housing built for sale or for rent at a price below the market rate and which is related to local needs. It is targeted at those whose incomes

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generally deny them the opportunity to purchase or rent homes at that local market rate.

6.38A The importance of affordable housing has been highlighted in recent years by rapid fluctuations in house prices and the mismatch in local income levels, often combined with the risk of home loss from repossession. This difficulty in the private sector is coupled with the reduction in the rented stock, in Wirral from 44,774 households in 1981 to 35,229 in 1991, and the difficulties faced by Housing Associations as they become the principal providers of new low rent housing.

6.39 The UDP, as a land-use plan, cannot differentiate between tenures, nor can planning controls be used to limit price or ownership. The UDP can however set the framework for negotiation with developers on large sites, where it may be desirable to provide a range of dwellings, including some at affordable prices. Many sites, are of course, already suitable for affordable housing, either through the density of development, or through their ownership, or location. Of the sites already identified in the UDP under Proposal HS1, many could be developed for Housing Association rental or low-cost private development.

6.40 In order to establish the need for affordable housing, it is essential that the UDP is co-ordinated with the Council's Housing Strategy, which will require a survey of the community's need for affordable housing. This survey will cover local income levels, house prices and rents and will provide an assessment of the annual requirement for such affordable housing.

Policy HS6A - Principles for Affordable Housing The Local Planning Authority will seek to negotiate the provision of an element of affordable housing on suitable sites of over 1.0 hectare or on developments of 25 or more dwellings: (i) for the purpose of Policy HS6A, affordable housing is defined as being that available to those whose incomes are insufficient for them to enter the local housing market; (ii) the affordable dwellings so developed shall be provided through partnership arrangements between the developer and a Housing Association or other suitable housing trust, or by the construction of low-cost units for sale or part-sale, part-rent; (iii) depending on the suitability of the site and the local need, dwellings should be provided for one or more of the following groups: · young single people; · the elderly; · young couples and newly forming households; · those with special needs, including disability, mental illness and mental handicap. The dwellings so provided shall be retained for the benefit of the original client group by a secure agreement.

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POLICY HS6A - REASONED JUSTIFICATION

6.41A Whilst review of the Council’s a full housing needs assessment will would provide greater detail on the need for affordable housing, the Council has in place a unified housing waiting list, compiled jointly with local Housing Associations. At April 2002, the number of applicants on the list was 10,604. At May 1997, the number of applicants on the list was 7,880, 56% comprising single people and couples of all ages and 44% families with children. The Council currently makes circa 2,750 new allocations per year, of which 1,600 (58%) are for single people and childless couples of all ages and 1,150 (42%) for families with children. The Housing Strategy identifies the types of households in most need of affordable housing and through its support of various housing initiatives prioritises the means to partly satisfy these needs.

6.42 These initiatives have included the support of Housing Association new-build and refurbishment, such as living over the shop, foyer and shared ownership, which have delivered new dwellings. Existing Local Authority difficult-to-let dwellings have been rehabilitated through Estate Action schemes, with a contribution of new-build dwellings from Housing Associations. Private developers have also entered into partnerships to provide shared ownership dwellings. UDP policies on the conversion of existing buildings into dwellings, including the ground and first floors of some retail premises, intensification of existing dwellings and Houses in Multiple Occupation all support the provision of new dwellings which may satisfy some affordable housing needs in locations which maximise access to services and the recycling of urban land and buildings.

6.43 Before planning permission is granted for the development of a site which will include a proportion of affordable housing, the developer should demonstrate the means by which such housing will be provided and how the dwellings so provided will continue to be made available for households in need. This could include arrangements for a partnership agreement with a Housing Association or trust or a shared ownership scheme.

Policy HS7 - Sheltered Housing

Proposals for sheltered housing will be permitted subject to the proposal fulfilling all the following criteria: (i) the proposal being of a scale which relates well to surrounding property; (ii) adequate private amenity space being provided at a rate of approximately 10 square metres for every bed space, except where the proximity of open space or other features adjoining the site justifies a reduced provision; (iii) the site being easily accessible on foot to local shops and public transport; and

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(iv) the proposal otherwise complying with Policy HS4A and Policy HS5.

POLICY HS7 - REASONED JUSTIFICATION

6.44 Residential development designed for the elderly and for those who need specialist care ranges from modest sized houses and bungalows, often grouped together, to large flatted schemes, with or without a warden on-site.

6.45 Wirral has always been a popular area for retirement, and policies are necessary to ensure that residential development is well located for essential facilities such as shops and public transport. Equally important is the relationship of the new development to other existing housing. Within schemes it is especially important for adequate amenity space to be provided for residents who may become increasingly housebound.

6.46 A major issue arising from sheltered housing schemes is the amount of car parking required. Car ownership rates vary with the type of scheme, with owner- occupied schemes for the most mobile requiring more parking space than rented accommodation in the inner urban areas. Special consideration needs to be given to the provision of adequate off-street car parking for visitors and to safeguard access for emergency services.

Policy HS8 - Nursing Homes/ Residential Care Homes

Proposals for the development of new residential care or nursing homes, or the conversion of existing buildings to provide residential care or nursing homes will be permitted, subject to the proposal fulfilling all the following criteria: (i) the proposal being of a scale which relates well to surrounding property; (ii) the proposal not resulting in an over-concentration of residential care or nursing homes in the area; (iii) the proposal not resulting in a private dwelling having a residential care or nursing home on both sides; and (iv) the proposal otherwise complying with Policy HS4A and Policy HS5. All consents shall be given subject to a condition that they should be implemented within a three year period.

POLICY HS8 - REASONED JUSTIFICATION

6.47 Following the growth in the number of sheltered housing schemes in Wirral in the 1980's, there has been a large increase in the number of residential care and nursing homes in the Borough, which fall within Class C2 of the Town and Country Planning (Use Classes) Order 1987. In part, this reflects the increasing

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numbers of very elderly people who require closer care than would be possible were they to remain in their own homes.

6.48 In addition to care homes for the elderly, with Government policies on care in the community, there will continue to be demand for specialist care homes, for example for people with learning difficulties and for those released from hospitals following treatment for mental illness and drug dependency. It is Government policy for such accommodation to be well integrated in the local community.

6.49 This, however, can cause concern where a significant number of such homes are grouped together, or proposals come forward for the conversion of small, modern dwellings.

6.50 Whilst the locational requirements for residential care homes - level sites with good access to shops, community facilities and public transport - may be similar to those for sheltered housing, the diversity in the purpose and facilities provided by homes means that some may appropriately be sited in more rural or isolated locations.

6.51 To control the concentration of residential care and nursing homes in specific areas of the Borough, Policy HS8 places a time limit of three years on unimplemented permissions. Further guidance on sheltered housing and residential care homes is contained in Supplementary Planning Guidance Note 9.

Policy HS9 - Mobility Housing

In developments of 20 or more new dwellings, the Local Planning Authority will seek to negotiate, where appropriate, the provision of dwellings specifically designed for, or capable of easy adaptation to, wheelchair standard.

POLICY HS9 - REASONED JUSTIFICATION

6.52A In recent years attention has been focused on the need to make housing in general more accessible to less mobile people. As many of these people are elderly or experience mobility problems the growth in specialist sheltered housing or residential and nursing homes has satisfied some of these demands. Estimates by the Wirral Information Resource for Equality and Association for Disability (WIREAD) indicate that 30,000 Wirral residents are disabled to some extent, five times the number officially registered with the Council’s Social Services Department. Over 1,200 of the 8,000 people on the 1995 Council House Waiting List have a medical, disabled or sheltered housing priority.

6.53A Policy HS9 is consistent with the approach in the Merseyside Code of Practice on Access and Mobility, which has been is being prepared by all the Merseyside District Councils. However, with the need for many less mobile people to remain

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integrated in the community and not be placed in institutions, it is important that general policies should be framed to allow access to non-specialist housing. Many design features are set out in Supplementary Planning Guidance Note 46 and can also be easily applied to private housing as well as public buildings.

6.54 In the past, the Local Authority was able to construct mobility housing for rent, but with recent changes in housing legislation, more emphasis has been placed on Housing Associations and the private sector to provide for all housing needs. Whilst it would be undesirable to build in particular features in all new houses, it is important to design houses that can be easily adapted to take wheelchairs, for example by designing low entrance thresholds, halls that allow manoeuvring space, and door sets of an adequate width. Single storey accommodation, such as ground floor flats or bungalows, is the most appropriate, but consideration may be given by developers to provide adaptable housing of two storeys, where the houses have downstairs WC’s and straight staircases, suitable for stairlifts.

6.55 It is important that mobility housing is not concentrated to form potential “ghettos” for the less mobile. Accordingly, such housing should be distributed throughout new development. In practice many of the principles for mobility housing are easily achieved at the design stage, and such features as level access from outside the home will help all family members, and not just the less mobile.

Policy HS10 - Backland Development Proposals for the development of between one to three dwellings behind existing dwellings and accessed by a dedicated private drive will not be permitted unless the proposal fulfils all the following criteria: (i) the retention by the existing frontage dwellings of sufficient garden space; (ii) the proposed development including its access, not resulting in a detrimental change in the character of an area, nor in undue noise, disturbance, loss of privacy or sense of enclosure affecting adjoining residents; (iii) the proposed access being of sufficient width to provide a private drive of 3.0 metres width with amenity strips to one or both sides, and adequate passing places. The access must be properly formed and hard-surfaced, with adequate sight lines and visibility splays at its junction with the existing road. It should not have a seriously detrimental effect on the street scene or on highway safety; (iv) the proposed dwellings having adequate private garden space and adequate vehicle turning and parking/ garaging provision; (v) the proposed development not prejudicing the comprehensive development of a larger area of land; and (vi) the proposal otherwise complying with Policy HS4A and Policy HS5.

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POLICY HS10 - REASONED JUSTIFICATION

6.56 Backland is land which lies behind existing houses which front one or more roads. It may be land comprising large garden areas, neglected land, land in other uses or a mixture of these. The existence of large gardens does not necessarily point to scope for development, as the size and appearance of gardens can be of great importance to the character of a neighbourhood. However, areas of backland can sometimes be developed, subject to controls over access and the relationship of the proposed dwellings to those existing. Driveways should be of sufficient width to provide a safe access onto the highway, yet not so dominant as to have a detrimental effect on the streetscape. Further guidance on backland development is contained in Supplementary Planning Guidance Note 10.

Policy HS11 - House Extensions

Proposals for house extensions will be permitted subject to all the following criteria being complied with: (i) the scale of the extension being appropriate to the size of the plot, not dominating the existing building and not so extensive as to be unneighbourly, particular regard being had to the effect on light to and the outlook from neighbours' habitable rooms and not so arranged as to result in significant overlooking of neighbouring residential property. (ii) the materials matching or complementing those of the existing building; (iii) design features such as lintels, sills, eaves and roof form and line matching or complementing those of the existing building; (iv) dormer windows if used, being restricted to the rear of the dwelling and not projecting above the ridge, nor occupying the full width of the roof; (v) flat roofs being restricted to the rear or side of the dwelling and only acceptable on single storey extensions; (vi) where the rear extension is single storey on the party boundary and the existing dwelling semi-detached, the proposed extension projects a maximum of 3.0 metres from the main face of the existing houses; (vii) where the rear extension is two storey and the existing house semi-detached, the proposed extension is set back at least 2.5 metres from the party boundary; (viii) to avoid the effect of ‘terracing’, where two storey side extensions are added to the sides of semi-detached houses of similar style with a consistent building line and ground level, the first floor of a two storey side extension should be set back at least 1.5 metres from the common boundary; or at least 1.0 metre from the front elevation and 1.0 metre from the common boundary; or at least 2.0 metres from the front elevation; (ix) single storey extensions on terraced dwellings allowing an adequate area of amenity space to be retained.

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POLICY HS11 - REASONED JUSTIFICATION

6.57 House extensions should be designed in such a way as to have no significantly adverse effect on the appearance of the original property, the amenities of neighbouring properties, particularly through overlooking, or an adverse effect on the area in general.

6.58 Well-designed house extensions should be constructed of materials which match those of the original dwelling and echo its form, for example, with respect to its roof line. Single storey flat roof extensions are only appropriate where they are unobtrusive, at the side or rear of the dwelling.

6.59 In areas of semi-detached housing, the Local Planning Authority is concerned to avoid the terracing effect of two storey side extensions and wishes to see a larger set-back than would otherwise be necessary, where there is a greater separation between dwellings.

6.60 Whilst the restrictions on extensions to detached dwellings are often less onerous, in areas of terraced housing it is important to retain some private amenity space at the rear of the dwelling whilst providing often essential facilities such as kitchen and bathroom extensions. Further guidance with regard to house extensions is contained in Supplementary Planning Guidance Note 11.

Policy HS12 - Pre-School Day Care

Proposals for the use of existing buildings for pre-school day care facilities will be permitted subject to: (i) ensuring the privacy of neighbouring residents; (ii) any outdoor play areas provided being assessed with regard to potential noise and disturbance and garden/play area boundaries being defined by a 2.0 metre high screen fence or wall; (iii) satisfactory vehicular access with provision being made within the site for the parking of non-resident staff vehicles in addition to parking provision made for the occupiers of the house; (iv) reasonable provision being made for the setting down and picking up of children. Where such arrangements can only take place within the highway, there should be no parking restrictions on the highway fronting the site and it should not be likely to cause a hazard to other road users; and (v) noise insulation being provided where appropriate.

POLICY HS12 - REASONED JUSTIFICATION

6.61 Pre-school day care covers a wide range of provision including child minders, play groups, nurseries and creche facilities. All such uses are registered through

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the Department of Social Services where consideration is given to the type of facilities available within the building and the persons who will be providing the care.

6.62 In planning terms, the major implications are for the amenity of adjoining residents, both in terms of the effect of children playing in and outdoors and in terms of the effect of extra traffic as parents drop off and pick up their children.

6.63 The ideal type of property to provide for pre-school day care is detached, with adequate garden space to provide separation between dwellings and allow for outdoor play.

6.64 Many properties used as creches and day nurseries are on busy roads and it is important to ensure that adequate provision is made for the parking needs of staff and parents when they are dropping off or picking up their children. Further guidance on provision for pre-school day care is contained in Supplementary Planning Guidance Note 12.

Policy HS13 - Self-Contained Flat Conversions Proposals for the conversion of existing buildings into self-contained flats will be permitted subject to: (i) the conversion ensuring the privacy of neighbours and occupants including the layout of car parking areas to prevent overlooking of habitable room windows; (ii) access normally being provided to individual flats within the main structure of the building. If external staircases have to be provided they must not result in significant overlooking of neighbours' windows or private amenity space; (iii) any extensions required complying with Policy HS11; (iv) any new windows required to serve habitable rooms, such as living rooms, kitchens or bedrooms, not overlooking adjoining properties to an unacceptable degree; (v) any interior vertical partitions not cutting across windows and ceiling height reductions not being visible externally; (vi) adequate sound proofing between flats; (vii) any basement flat having windows with two-thirds of their height above the existing outside ground level giving sufficient daylight penetration, a reasonable outlook and not immediately adjacent to parking bays and vehicle accessways; (viii) main living rooms having a reasonable outlook and not lit solely by roof lights, nor in close proximity to high boundary or gable walls; (ix) access to rear yards/ gardens being provided from each flat; (x) adequate visibility at entrance and exit points and turning space for vehicles; and

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(xi) the proposal otherwise complying with Policy HS4A and Policy HS5.

POLICY HS13 - REASONED JUSTIFICATION

6.65 The conversion of buildings into flats provides an important source of accommodation for smaller households, often available for rent and in areas close to facilities such as shops. Many older, larger houses are no longer suitable for single family occupation, and subject to the general character of the area, may be best preserved by their conversion to flats.

6.66 Many other buildings may also be suitable for conversion, such as coachhouses and agricultural buildings. Where these are in the Green Belt, proposals will be assessed against Green Belt policy, especially in ensuring that the re-use of the building does not have a materially greater impact on the openness of the Green Belt and the purposes of including land in it.

6.67 In converting buildings to residential use, or in intensifying the use of existing dwellings, it is important that the character of the area is maintained where necessary. Proposals should reflect and respect the general character of the area and existing features such as walls, gate posts, hedges, trees etc., should be retained. The provision of adequate off-street car parking should not involve the total loss of existing front gardens, nor be over-intrusive to neighbouring properties. Further guidance on self-contained flat conversions is contained in Supplementary Planning Guidance Note 13.

Policy HS14 - Houses in Multiple Occupation

Proposals for the conversion of existing buildings to multi-occupancy will not be permitted unless the proposal fulfils all the following criteria: (i) the property being of sufficient size to accommodate the proposal and not of modern domestic scale; (ii) if the property is not detached then adjoining property is not in single family occupation; (iii) the proposal not resulting in a private dwelling having an HMO on both sides; (iv) the proposal not resulting in a change in the character of the surrounding area which would be detrimental; (v) the proposal not resulting in a concentration of HMO's in a particular area such that the character of the area is adversely affected; (vi) the proposal ensuring the privacy of neighbours and occupants, including the layout of car parking areas, to prevent overlooking of habitable room windows;

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(vii) staircase access normally being provided within the main structure of the building. If external staircases have to be provided they must not result in significant overlooking of neighbours' windows or private amenity space; (viii) any extensions required complying with Policy HS11; (ix) any new windows required to serve habitable rooms, such as living rooms, kitchens or bedrooms, not overlooking adjoining properties to an unacceptable degree; (x) any interior vertical partitions not cutting across windows and ceiling height reductions not being visible externally; (xi) adequate sound proofing being provided; (xii) any basement accommodation having windows with two-thirds of their height above the existing outside ground level giving sufficient daylight penetration, a reasonable outlook and not immediately adjacent to parking bays and vehicle accessways; (xiii) main living rooms having a reasonable outlook and not lit solely by roof lights, nor in close proximity to high boundary or gable walls; (xiv) access to rear yards/,gardens being provided from each flat; (xv) adequate visibility at entrance and exit points and turning space for vehicles; and (xvi) the proposal otherwise complying with Policy HS4A and Policy HS5. Existing HMO's and valid planning permissions must not comprise more than 20% or more of the properties forming the street frontage within a street block.

POLICY HS14 - REASONED JUSTIFICATION

6.68 Houses in Multiple Occupation (HMOs) are houses which are not occupied by a single family but by a number of unrelated people and small groups in varying combinations. The type of accommodation ranges from bed sitting rooms to bed and breakfast establishments for long stay residents. There are an estimated 2,500 HMOs in Wirral, which if properly managed, can provide a valuable source of low-cost accommodation and fill a necessary gap in the housing market.

6.69 Such accommodation can bring about special problems, both in terms of the quality of the accommodation provided, the impact on adjoining properties and the character of the surrounding area. Such impact is due to the number of residents in HMOs and the consequent comings and goings, especially when compared to activity arising from normal family housing.

6.70 The properties most commonly used for HMOs are large old houses, frequently in poor physical repair, but with good external space standards. If repaired and brought up to standard, these larger properties can provide accommodation for

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those requiring small low-cost housing. More modern or smaller terraced properties are normally unsuitable for use as HMOs as they cannot easily be adapted and their use can have a detrimental impact on neighbouring property.

6.71 The Council is promoting work through its Housing and Building Control functions to bring existing HMOs up to standard, with adequate internal facilities, such as sanitation and communal rooms, together with the provision of fire escapes which may be external. To the extent that HMOs require extensive inspection and resources being diverted towards their improvement, the Council is concerned not to encourage the further creation of poor standard accommodation.

Policy HS15 - Non-Residential Uses in Primarily Residential Areas

Within the Primarily Residential Areas as defined on the Proposals Map, proposals for small-scale built development and changes of use for non- residential uses will only be permitted where the proposal will not: (i) be of such scale as to be inappropriate to surrounding development; (ii) result in a detrimental change in the character of the area; and, (iii) cause nuisance to neighbouring uses, particularly in respect of noise and disturbance, on-street parking and deliveries by vehicle. Proposals should make adequate provision for off-street car parking standards and servicing requirements.

POLICY HS15 - REASONED JUSTIFICATION

6.72 Although the Primarily Residential Areas will remain largely unchanged throughout the life of the UDP, they already contain many small shopping parades, small businesses and community facilities such as churches, libraries and community centres. These normally cause little nuisance and are indeed essential to local residents who wish to shop locally or have jobs close to their homes. As well as the convenience to residents of having such facilities close- by, energy costs are reduced by the shorter journey distances involved.

6.73A Policies for business uses are outlined in Policy EM12, which can be found in Section 5 of the UDP; for Community Uses are outlined in Policy RE10A, which can be found in Section 9 of the UDP; and for small-scale retail uses, such as corner shops and in shopping parades, in Policy SH4A, which can be found in Section 16 of the UDP. In all cases the Local Planning Authority will be concerned to limit the environmental intrusion which may be caused by such uses in the Primarily Residential Area, particularly by large numbers of cars and delivery vehicles.

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7. GREEN BELT

PART ONE POLICY

POLICY GBT1 - GREEN BELT BOUNDARIES THERE WILL BE AN AREA OF GREEN BELT IN WIRRAL. ITS BOUNDARIES ARE AS SHOWN ON THE PROPOSALS MAP.

POLICY GBT1 - REASONED JUSTIFICATION

7.1. The establishment of Green Belts around major cities has been promoted by the Government since the 1950's to check the unrestricted sprawl of large built-up areas, safeguard the surrounding countryside from further encroachment, prevent neighbouring towns from merging into one another, preserve the special character of historic towns and to assist in urban regeneration. Of these, the Green Belt in Wirral supports all except the preservation of the character of historic towns.

7.2 The present boundaries of the Green Belt in Wirral as proposed in the Merseyside Structure Plan, were established in December 1983. The justification remains as valid now as it was then, in that it supports the main UDP themes of:

· concentrating development and investment within the existing urban areas; and · improving the quality of the environment in the most blighted areas whilst protecting the environment elsewhere in the Borough.

7.3 Recently there has been great pressure for urban development in Wirral's areas of countryside. A Green Belt has been considered, since the 1961 West Cheshire Green Belt, as essential to ensure that the countryside is protected from urban sprawl, and that settlements retain their individual identity.

7.4A Strategic Guidance for Merseyside restated the importance of Green Belt in Merseyside and concluded that there is no need for a general review but that the preparation of UDPs provides the opportunity to give precision to the detailed boundaries of the Green Belt where those have not yet been clearly defined. Policy SD5 of the Secretary of State’s Regional Planning Guidance for the North West (RPG13, March 2003) refers to the need for a strategic study of the Green Belt across Merseyside and Halton. This study is to determine the need, if any, for future changes in the broad extent and location of Green Belt boundaries to accommodate likely development requirements to 2021 and beyond. Changes, if needed, will only be brought forward following a future review of RPG. As the current RPG13 (March 2003) does not propose any changes to the Merseyside Green Belt, no changes are proposed within this review of the UDP.

Proposal GB1 - Amendments to the Green Belt Boundary

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1. The area of the M53 Corridor from Leasowe Road in the north, through Bidston Moss, and south to the A552 Woodchurch Road interchange, as shown on the Proposals Map, shall be included within the Green Belt. 2. Land to the west of Elm Road in Irby, as shown on the Proposals Map, shall be included within the Green Belt. 3. The area of residential development at Poulton Green Close in Poulton/ Spital, as shown on the Proposals Map, shall be excluded from the Green Belt.

PROPOSAL GB1 - REASONED JUSTIFICATION

1. M53 CORRIDOR

7.5 Strategic Guidance referred to the need to give precision to the detailed boundaries of the Green Belt where those have not yet been clearly defined. This is also echoed in PPG2 - Green Belts (1995), which refers to the need to ensure that the definition of detailed boundaries is completed. In Wirral, the only area where boundaries were not set by the Merseyside Green Belt Local Plan was in the M53 Corridor and Bidston Hill. Strategic Guidance therefore provides the justification for the exceptional circumstances required to alter the adopted Green Belt boundary by its extension into the M53 Corridor.

7.6 The area known as the M53 Corridor was identified in the Merseyside Structure Plan as an important break between the built-up areas of eastern and central Wirral, to be treated as if it were Green Belt. Merseyside County Council identified the Corridor as a priority area for landscape renewal requiring treatment within the Structure Plan period. Because of its condition the Corridor was not included in the Green Belt, pending an appraisal of the wider needs of the area and a scheme for landscape renewal.

7.7 The most recent Government advice is that landscape quality is immaterial in assessing the possible Green Belt function of an area of land. Given this and the Inspector's view at the Merseyside Green Belt Local Plan Inquiry that the Corridor performed a separation function between the urban areas, extension of the Green Belt into the Corridor area has now been proposed.

7.8 The Corridor separates the various townships in the centre of the Borough including Moreton, Upton, Woodchurch and Leasowe from those in the eastern half, such as Bidston, Beechwood and Noctorum. This separation function has not diminished, and the UDP provides the opportunity to give long-term protection to the area. This follows the consideration of the area's wider requirements for new development.

7.9 Only limited areas of the Corridor are suitable for development without affecting its function in separating the eastern and central townships. The principal areas

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are the sites at Noctorum Way in Noctorum (Proposal HS1/1), to the north of Claremount School in Moreton (Proposal HS1/3) and to the east of Fender Farm in Moreton (Proposal HS1/6) which are allocated for residential development. Other areas are constrained by the presence of the Bidston-Wrexham railway line and the M53 Motorway which hinder local access across them, have poor ground conditions, are in areas liable to flooding or are Sites of Biological Importance.

2. ELM ROAD, IRBY

7.10 The Merseyside Green Belt Local Plan of December 1983 showed the boundary of the Green Belt to the south west of Elm Road, Irby as following the line of a stream, tributary of the Arrowe Brook. This stream has been part culverted and its line to the south west of Elm Road is now less distinct. The Green Belt boundary now follows the western edge of Elm Road.

3. POULTON GREEN CLOSE

7.11 The only major development allowed in the Green Belt since 1983, contrary to generally accepted policy, has been that for thirty-one dwellings at Poulton Green Close off Poulton Royd Drive in Poulton/ Spital. Planning permission for the site was granted following a Public Inquiry in August 1986 and the dwellings were completed in August 1988. The land does not now perform a Green Belt function. Policy GB2A - Guidelines for Development in the Green Belt Within the Green Belt there is a general presumption against inappropriate development and such development will not be approved except in very special circumstances. Planning permission will not be granted for development in the Green Belt unless it is for the purposes of: (i) agriculture and forestry; (ii) essential facilities for outdoor sport and outdoor recreation, for cemeteries, and for other uses of land which preserve the openness of the Green Belt and do not conflict with the purposes of including land within it; (iii) the limited extension, alteration or replacement of existing dwellings, subject to Policy GB4A and Policy GB5; (iv) the limited infilling in existing villages, subject to Policy GB6, including limited affordable housing subject to local community needs; (v) the limited infilling or redevelopment of major existing developed sites identified under Proposal GB9; (vi)A strategic park and ride schemes identified under Proposal TR2A, subject to Policy GB12A.

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Such appropriate development shall not damage the visual amenities of the Green Belt by virtue of its siting, materials or design.

POLICY GB2 - REASONED JUSTIFICATION

7.12A Development acceptable within the Green Belt has long been restricted to that appropriate to a rural as opposed to an urban area. Furthermore, there is a general presumption against inappropriate development within the Green Belt. This view was introduced in 1955, and has remained through the latest Government guidance and in Strategic Guidance for Merseyside.

7.13 Whilst the range of development is often restrictive, to prevent unnecessary and intrusive development, the latest advice from Government allows for a positive role in providing access to open countryside for the urban population.

7.14 With diversification of the rural economy, as agricultural support policies change, more land in Wirral may become available for non-agricultural uses, such as sport or recreation. Such uses should be appropriate in the Green Belt, preserve its openness and not conflict with the purposes of including land within it.

7.15 Many statutory undertakers' installations are long established in the Green Belt and operational restraints may require that development has to occur on or around their existing sites. If development by statutory undertakers is proposed, it will be necessary for them to prove that the proposal cannot be accommodated outside the Green Belt.

Policy GB3A - Re-Use of Buildings in the Green Belt

The conversion or change of use of buildings in the Green Belt will be permitted, provided that: (i) the proposal does not have a materially greater impact than the present use on the openness of the Green Belt and the purposes of including land within it; (ii) the proposal does not involve extensive external storage, extensive hardstanding, vehicle parking, intrusive boundary walling, fencing, or introduce intrusive domestic elements, particularly by the creation of a residential curtilage; (iii)A the buildings are of permanent and substantial construction, and are capable of conversion without major or complete reconstruction or significant extension; (iv) the form, bulk and general design of the buildings are in keeping with their surroundings; (v) the proposed use can be adequately serviced in terms of access;

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(vi) the proposed use will not in itself, or through likely traffic generation, have a detrimental effect on the appearance or quiet enjoyment of the surrounding area. When granting consent for the non-agricultural re-use of an agricultural building in the Green Belt, the Local Planning Authority may impose a condition withdrawing permitted development rights for new agricultural development where it is necessary to prevent the proliferation of agricultural buildings. If the existing building is a tenanted agricultural building the Local Planning Authority will take into consideration the contribution of the building to the viability of local agriculture. If the existing building has a detrimental impact on the landscape in terms of visual amenity, the Local Planning Authority will, in connection with any proposed structural changes, impose conditions to secure an improvement in the external appearance of the building.

POLICY GB3A - REASONED JUSTIFICATION

7.16 The re-use of buildings in the Green Belt is given particular importance in view of recent changes in agriculture, which have led farmers to consider diversifying from their original farming practices.

7.17 Certain buildings in the Green Belt, such as barns, may no longer be required for their original purpose, but may be suitable for conversion to provide small-scale accommodation for business use, tourist activities such as interpretative centres, craft centres or individual residences.

7.18 The best way of preserving the true character of an agricultural building is to keep it in its original use. In determining whether buildings in the Green Belt are no longer required for their former use, the Local Planning Authority will consider any relevant change in the circumstances of the buildings which the owner considers makes them inappropriate for agricultural use. In particular, the Local Planning Authority will carefully consider proposals for the re-use of buildings within the Green Belt erected under permitted development rights for agriculture. If such a proposal is received, the Local Planning Authority may impose a condition on the permission withdrawing these rights for new farm buildings in respect of that particular unit or holding.

7.19 If the buildings can no longer be used for agriculture, then a use that does the least damage to their physical fabric and surroundings is the most appropriate. Very often this will be a non-residential use, as this often allows for fewer changes to the fabric of the building and avoids the domestic appearance of gardens and washing lines associated with residential conversions. Even so, appropriate re-uses should minimise demands for additional infrastructure, for example for roads and sewerage. Further guidance on conversion is contained in Supplementary Planning Guidance Note 15.

Policy GB4A - Replacement of Existing Dwellings in the Green Belt

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The replacement of existing dwellings in the Green Belt will be permitted subject to the following criteria: (i) the dwelling is not in an isolated or visually prominent location in the countryside; (ii) there is direct vehicular access to the dwelling; (iii)A the replacement dwelling is not more than 15% larger by volume than the dwelling it replaces or larger than the existing dwelling plus any remaining permitted development allowance for extension; (iv) the curtilage of the replacement dwelling should be the same as or wholly contained within the curtilage of the existing dwelling. The Local Planning Authority will remove permitted development rights for further extensions when granting permission for a replacement dwelling which is materially larger than the existing dwelling. Where the replacement dwelling's location in the curtilage would result in a lesser impact in the Green Belt than that of the existing dwelling, the Local Planning Authority will require the replacement dwelling to be positioned accordingly. In other cases the Local Planning Authority will require the replacement dwelling to be located in the same place as the existing dwelling.

POLICY GB4A - REASONED JUSTIFICATION

7.20 In order to retain the open appearance of the Green Belt, it is important to prevent replacement dwellings being materially larger than the original dwelling. In addition, the Local Planning Authority is concerned not to prolong the existence of isolated and prominent housing development which may be counter to the objectives of sustainability in its demands for improved servicing.

Policy GB5 - Extension of Existing Dwellings in the Green Belt

The extension of existing dwellings in the Green Belt will be permitted, provided that the floorspace of the resultant dwelling is no more than 50% larger than that of the habitable floorspace of the original dwelling, and subject also to the enlarged dwelling not having a harmful visual impact on its surroundings.

POLICY GB5 - REASONED JUSTIFICATION

7.21 The limited extension of existing dwellings should not harm the open appearance of the Green Belt, especially if the extension is in keeping with the original dwelling. In assessing such proposals, the Local Planning Authority will be concerned to avoid any disproportionate extensions to the original dwelling. In addition, the Local Planning Authority will consider any proposed building with a volume greater than 10.0 cubic metres and within 5.0 metres of the existing building as an extension of the dwelling.

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Policy GB6 - Development in Infill Villages in the Green Belt

Within the villages listed in Proposal GB7, new development will be permitted on infill sites, defined as development filling a small gap within the defined built-up envelope of the village, subject to the proposal complying with Policy HS4A.

POLICY GB6 - REASONED JUSTIFICATION

7.22 Many of Wirral's villages are within the Green Belt in which new development is not normally appropriate. However, such villages may contain suitable sites for infill development which would not have an adverse effect on the character of the village or on the open character of the Green Belt. Where the Green Belt currently washes over a village the Local Planning Authority may define a boundary within which such development would be acceptable.

7.23 The character of the rural villages is often maintained by their Conservation Area status. It is important that any proposals for new development respect this status and can preserve or enhance the Conservation Area in accordance with the relevant policy in Section 11 of the UDP.

Proposal GB7 - Infill Villages in the Green Belt

The following villages are shown on the Proposals Map as villages within which new infill development will be subject to Policy GB6: 1. Barnston Village (outside the Conservation Area) 2. Eastham Village (outside the Conservation Area) 3. Thornton Hough 4. Raby Village 5. Storeton Village

PROPOSAL GB7 - REASONED JUSTIFICATION

7.24 The villages listed in Proposal GB7 and shown on the Proposals Map are those within which the Local Planning Authority consider that limited infill development may be considered. They are larger villages, with good public transport accessibility and some local shops. Limited new infill development in these villages will not compromise the purposes of Green Belt. Subject to adequate design, infill development should not have an adverse effect on the character of the villages.

Policy GB8 - Guidelines for Major Developed Sites in the Green Belt

Within the Major Developed Sites listed in Proposal GB9A, infilling and redevelopment of existing buildings will be permitted subject to the new development satisfying the following criteria:

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(i) it shall have no greater impact than that existing on the open appearance of the Green Belt and the purposes of including land within it, and where possible have less; (ii) it should contribute to the achievement of the objectives for the use of land in Green Belts; (iii) the height of the new development should not exceed the height of the existing buildings; (iv) it should not occupy a larger area of the site than the existing buildings, but an exception may be made where a reduced building height over a larger footprint would benefit visual amenity; (v) infilling should not lead to a major increase in the developed proportion of the site; Any proposals for redevelopment, whether partial or full, should be considered in the context of comprehensive long-term plans for the whole of the site. These plans should include an agreed footprint for the site. The Local Planning Authority may impose a condition on a permission which ensures the demolition of buildings which are not to be retained as new buildings are erected. All proposals for infilling and redevelopment will be considered in the light of their effect on the visual amenities of the Green Belt and on the traffic and travel implications of the development, including the possible adverse impact of new road infrastructure. The acceptability of a new use for a major developed site will also depend on its having no detrimental effect on local facilities such as schools and health care facilities.

POLICY GB8 - REASONED JUSTIFICATION

7.25 Wirral’s Green Belt includes a number of major developed sites, whose continuation in use safeguards a number of jobs and important community facilities. The Borough's major hospitals at Arrowe Park and Clatterbridge are in the Green Belt as is one of the Wirral Metropolitan College's complexes at Carlett Park. Over the lifetime of the UDP, these sites may require new buildings or infilling between existing buildings. In the case of Clatterbridge Hospital, a redevelopment programme has already led to the release of a large area at the south and east of the complex.

7.26 It is important that infilling and redevelopment has no greater impact on the Green Belt than the existing development. The calculation and recording of an agreed aggregate ground floor area for the existing buildings should be determined between the Local Planning Authority and the landowner. This site footprint excludes temporary buildings, open spaces with direct external access between the wings of a building and areas of hardstanding. Any new development should normally respect this footprint in location and total area, although in some circumstances an alternative location will have less impact on the openness of the Green Belt.

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7.27 The hospital sites in the Green Belt require care in the choice of future uses if they are partially redeveloped. Uses which have minimal traffic generation, particularly of heavy goods vehicles and which do not introduce noise, vibration, fumes, smoke, smell or dust are to be preferred.

7.28 The redevelopment of major sites can have a positive role in providing access to the open countryside and opportunities for outdoor sport and recreation for the urban population, can retain and enhance attractive landscapes and the use of land for agriculture and forestry, and can improve damaged and derelict land around towns and secure nature conservation interests.

Proposal GB9 - Major Developed Sites in the Green Belt

The following sites are shown on the Proposals Map as Major Developed Sites within which new development will be subject to Policy GB8: 1. Arrowe Park Hospital 2. Clatterbridge Hospital 3. Thingwall Hospital 4. Wirral Metropolitan College - Carlett Park Campus 5. Pensby Schools 6A. Former St Benedict’s RC High School 7A. Woodchurch High School

PROPOSAL GB9 - REASONED JUSTIFICATION

7.29 Proposal GB9 identifes the sites in Wirral which will be considered as Major Developed Sites in the Green Belt. Development within the areas designated on the Proposals Map will be regulated in accordance with Policy GB8.

Policy GB10 - Key Workers Dwellings in the Green Belt

Where an appropriate development in the Green Belt requires a key worker to live close by and accommodation is unlikely to be available in an existing settlement or building in the vicinity, permission will be granted for an individual dwelling subject to: (i) the need for the new dwelling being proved to the satisfaction of the Local Planning Authority, (supported by a report from an agricultural development consultancy in the case of an agricultural worker's dwelling); (ii) a suitable occupancy condition; and (iii) the dwelling's siting, design and materials being appropriate to its place in the surrounding landscape.

POLICY GB10 - REASONED JUSTIFICATION

7.30 It is necessary to prevent the proliferation of new dwellings in the Green Belt and, as a general rule, an applicant for a new dwelling must demonstrate that there is a real need to live in the Green Belt by virtue of the nature of the employment. If

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the dwelling is for agricultural purposes then the application should be supported by evidence of need from an agricultural development consultancy.

7.31 Wherever possible, new dwellings which have a proven need to be in the Green Belt should be built within an existing settlement or other group of buildings. If either of these is not possible, then the new dwelling should be within the curtilage of the source of employment, preferably adjacent to existing groups of buildings.

7.32 The recent availability of dwellings for sale or rent in nearby settlements will be taken into account in determining the likely need for new key worker dwellings.

Policy GB11 - Removal of Agricultural Occupancy Conditions

An application to remove an agricultural occupancy condition imposed on a key worker dwelling will be permitted subject to the following criteria: (i) evidence being shown of unsuccessful attempts to let or sell the dwelling at a rent or value reflecting the existence of the occupancy condition, such attempts to include advertisement for a substantial period in agricultural and other appropriate trade journals as well as other general property pages; (ii) the occupancy condition being shown to be inappropriate due to changes in agricultural, horticultural or forestry practice.

POLICY GB11 - REASONED JUSTIFICATION

7.33 In recent years the occupancy of much new housing development in the Green Belt has been restricted to those working in agriculture, horticulture or forestry. As agriculture changes and as the original key worker may retire or move out of agriculture, it sometimes becomes necessary to consider the removal of such restrictive conditions.

7.34 The Local Planning Authority wish to avoid a proliferation of new dwellings in the Green Belt and will wish to see genuine efforts to dispose of the dwelling to someone locally employed in agriculture, horticulture or forestry. It is suggested that advertisement in known specialist journals for a period of twelve months will allow suitable buyers to be identified. Very often such potential buyers will be less able to compete with open market buyers, and the selective marketing of the dwelling can retain affordable housing for agricultural workers.

Policy GB12A – Criteria for Strategic Park and Ride

Sites identified in the Merseyside Local Transport Plan for Strategic Park and Ride in the Green Belt will be developed subject to the following criteria:

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(i) a thorough and comprehensive assessment of potential sites has been carried out, having regard to sustainable development objectives, the availability of non-Green Belt land and travel impacts; and (ii) the assessment concludes that the chosen site is the most sustainable option; and (iii) the scheme will not seriously compromise the purposes of including land in the Green Belt. In all cases, the layout, design and landscaping of the scheme must preserve, so far as possible, the openness and visual amenity of the Green Belt. Special attention will be given to floodlighting, to minimise visual intrusion in the Green Belt.

POLICY GB12A - REASONED JUSTIFICATION

7.35A The Merseyside Local Transport Plan (LTP) has identified the need for a number of new park and ride facilities associated with existing railway stations in Wirral. National advice on strategic park and ride is included in Annex E to PPG13 Transport (March 2001), which inserted new paragraphs into national advice for Green Belts in PPG2. Only park and ride sites brought forward through the LTP process are seen as not inappropriate in the Green Belt, provided that the proposals have subject to a thorough and comprehensive assessment of travel impact and alternative options.

7.35B New park and ride sites should be designed to have minimal impact on the Green Belt. Special attention will be given to any floodlighting and boundary treatment.

Proposal GB13A – Strategic Park and Ride Sites

The following sites are shown on the Proposals Map as Strategic Park and Ride Sites which will be developed subject to Policy GB12A:

1A. Hoylake Station 2A. Bidston Station 3A. Woodchurch Road

7.36A The Merseyside LTP has identified a specific need for new Strategic Park and Ride Sites in the Green Belt: to the south west of Hoylake station; to the south Bidston station; and to support the proposed new station at Woodchurch Road, Prenton. The site at Hoylake is programmed for commencement in 2004/2005 and those at Bidston and Woodchurch for the period 2006-2011.

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8. URBAN GREENSPACE

PART ONE POLICY

POLICY GRE1 - REASONED JUSTIFICATION

8.1 The special value of greenspace within the urban area has been increasingly recognised. It has been formally stated in Recommendation R(86)11 of the Council of Europe and is now also reflected within national planning policies. Public consultation has shown it to be of considerable importance to local people. The objective of Policy GRE1 is, therefore, to ensure that the loss of existing greenspace is not permitted unless the Local Planning Authority is satisfied that the local supply of recreational and amenity open space remains adequate. It also provides the framework for more detailed site protection policies found within Part Two of the Plan.

8.2 Greenspace can include parks, play areas, playing fields, woodlands, as well as individual trees, hedges, private gardens and other features such as river corridors, road verges, and other smaller amenity areas. Such areas can be of great significance to the character and environment of a neighbourhood, irrespective of their ownership or formal designation as public open space. This significance increases not only in terms of visual amenity but also in terms of the recreational opportunities they may provide.

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8.3A National policy guidance requires local planning authorities to achieve a reasonable balalnce between the need to make adequate provision for development and the need to protect land with recreational or amenity value to protect open space and recreational facilities that are of high quality or of particular value to the local community. Policy GRE1, therefore, sets out the general principles that the Council will apply in order to ensure that the community's need for recreational or amenity space is fully taken into account.

8.4 The principles contained within Policy GRE1 primarily relate to the amount, distribution and type of greenspace to be protected when considering the pattern of new development. The amount of greenspace is important because the overall supply of space must be adequate to serve the needs of the local population. The distribution of greenspace is important because to be of greatest value such space must be genuinely and easily accessible to local people, especially for children and elderly people. The type of greenspace is important because not all open space is of equal value and because, wherever possible, there should be a variety of different types of greenspace retained within each area of the Borough.

8.5 Policy GRE1 also seeks to identify particular features or characteristics which give individual sites a value which would justify their protection from development. Size, visual value, established landscape character and the ability to provide for or accommodate a variety of different recreational pursuits are all important features worthy of retention. So are linear parks and walkways which provide pedestrian linkages throughout the built-up area and which contribute towards a "network" of linked open spaces. Such features are especially important where they combine together in a single site or as part of a linked series of spaces. Once lost they cannot easily be replaced.

8.6A National planning policy guidance indicates that land with recreational or amenity value should only be protected from development if it can be demonstrated that there is or would be a deficiency in accessible public open space in the area states that open space of particular value to a local community should be given protection in accordance with locally derived standards for the provision of open space. The Local Planning Authority is required to include the standards it proposes to adopt within the UDP.

8.7 The Local Planning Authority will use two quantifiable measures in order to assess the local provision of accessible public open space - a minimum standard for overall supply in order to relate the total amount of land available to the number of people resident within an area, and a network analysis in order to relate the location of available land with its accessibility to local people.

8.8 The minimum standard for the supply of accessible public open space is 2.4 hectares for every thousand people and will normally be applied to local areas with a distinct and separate community identity. A local deficiency is

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indicated where the total area of accessible public open space available to that community, when compared with the total resident population, falls below this standard.

8.9 The network analysis is based upon the principle that no part of the Primarily Residential Area should be further than a comfortable walking distance away from a local park or similar space available for public use. For the purposes of planning policy a comfortable walking distance will be taken to be 400 metres. The basic network is, therefore, defined by drawing 400 metre catchment areas around all accessible public spaces of 1.5 hectares and above. This includes sites within the Green Belt as well as sites within the urban area.

8.10 Map 1 outlines the basic network of accessible open space within Wirral and indicates areas of deficiency as those falling outside the catchment of the network. In many cases the basic network may be supplemented by smaller spaces which are intended to serve a more limited catchment area. Such spaces clearly have a secondary role, often as safe local play space for children, which is also worthy of protection. These sites assume an even greater significance where they serve an area otherwise outside the catchment of a local park, but should not be relied upon to provide for the main recreational needs of local residents.

8.11 While the implications of both these quantifiable measures will be taken together in assessing overall deficiencies within an area, priority will always be given to maintaining the basic network of accessible public open space.

8.11A In addition to the community’s need for land for recreation and amenity, open space is classified as previously undeveloped greenfield land in national planning advice. Policy UR1A in Section 4 of the Plan indicates that development proposals on greenfield land will be accorded a low priority in order to maximise the use of previously developed brownfield land.

Policy GR1 - The Protection of Urban Greenspace

On land designated as Urban Greenspace, facilities for visitors, sport or play will be permitted where it can be demonstrated that the proposals would not: (i) prejudice the continued use of the site for open air recreation; or (ii) prejudice the visual amenity, landscape character or nature conservation value of the site. Development for other purposes on land designated as Urban Greenspace, other than for the re-use of existing buildings, will not be permitted unless alternative provision of equivalent community benefit is made available.

POLICY GR1 - REASONED JUSTIFICATION

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8.12 Policy GRE1 states that the Local Planning Authority will protect accessible public open space from inappropriate development. Policy GR1, therefore, sets out the criteria that will be applied to control development within sites designated for protection. The objective of Policy GR1 is to ensure that land required to maintain the network of accessible public open space is protected from development which may harm or diminish the continued value of the site for open air recreation.

8.13 Policy GR1 does not rule out limited, unobtrusive or small scale developments which are intended to expand, enhance or compliment the recreational use of the site. This would include new facilities for sport and recreation such as sports pavilions and changing rooms, areas for games requiring courts or greens, small car parks, play areas, amenity blocks and other visitor facilities, subject to the intrinsic values of the site as open space being retained. Amongst the intrinsic values to be specifically protected are importance for wildlife, visual amenity and landscape character.

8.14 Other development will normally be excluded. The only exceptions are where adequate compensatory or replacement provision is to be made and where new uses are to be sought for an existing building which is itself worthy of preservation. Such uses should, however, remain compatible with the overall objectives of Urban Greenspace designation.

Proposal GR2 - Land Designated as Urban Greenspace

The following sites, shown on the Proposals Map, are designated as Urban Greenspace. Development within them will only be permitted subject to Policy GR1: 1. Hamilton Square 10. Land to the north of Gardens Boundary Road, 2. Woodlands Community Bidston Park 11. Land at Bidston Hall 3. Gallaghers Hill and Bidston Hill, north playground of Vyner Road North 4. Upper Bidston Village 12. Land at Bidston Hill, Park south of Vyner Road 5A. Tollemache Recreation North Ground (amended 13. Bidston Community boundary) Woodland 6A. Gautby Road 14. Flaybrick Cemetery Recreation Ground 15. Beechwood Drive open (amended boundary) space 7A. Ilchester Square play 16. Fender Way open area (amended space boundary) 17A. Holm Lane Recreation 8. Compton Road open Ground and the Arno space (amended boundary) 18. Solly Recreation 9. Lennox Lane open Ground space 19. Shavington Avenue open space

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20. Davenham Avenue 45A. Bedford Place open open space space play area 21. Audlem Avenue open (amended boundary) space 46A. Rock Park Esplanade 22. Davenham Close open open space (amended space boundary) 23. Farndon Way open 47. Rock Park linear open space space 24. The Grove, Fairview 48. The Oval Sports Centre Road playing fields, Higher 25. Walker Park, Prenton Bebington Recreation 26. Prenton Hall Road Ground and Bebington playground Cemetery 27. War Memorial, 49. Kings Lane Playing Osmaston Road Fields and Dawson 28. Meadow Crescent, allotments Woodchurch 50A. Land at Prospect Hill 29. Melford Drive, open (amended boundary) space 51. Benty Hey Woodland 30. Birkenhead Park 52. Mayer Park, Bebington 31A. Bidston Court Gardens 53. Brookhurst Park, The and Vyner Road South Chase open space (amended 54. Marfords Park boundary) 55. Dibbins Hey Woodland 32A. Wirral Ladies Golf 56. Wirral Gardens Course (amended 57. Stanton Road open boundary) space 33. Bentham Close open 58. Bebington Town Hall space, Noctorum frontage 34. Olivia Close open 59. Harding Avenue play space, Noctorum area 35A. Sorrel Close open 60A. Far Field Pond and space, Noctorum Woodland, Brimstage (amended boundary) Road (amended 36A. Land at Noctorum Way boundary) Hogarth Drive open 61. Dibbinview Grove space, Noctorum Woodland, Poulton- (amended boundary) Spital 36B. Stubbs Lane open 62. Dibbins Green space, Noctorum Woodland (amended boundary) 63. Colmore Avenue 37. Victoria Park Woodland, Poulton- 38. Cheviot Road Spital Woodland 64. Sealy Close Woodland, 39. Mersey Park Poulton-Spital 40. Conway Playing Fields, 65. Inley Close Woodland, Knowsley Road Poulton-Spital 41. Delta Road, Rock Park 66. Weymoor Green and 42. Former Royal Rock linear links, Poulton- Hotel, Rock Park Spital 43A. Grenville Road open 67. Poulton Road open space Strathlorne space, Poulton-Spital Close open space 68. Delves Avenue/ Donne (amended boundary) Avenue open space, 44A. Howson Street/ New Poulton-Spital Chester Road open 69. Radford Avenue open space (amended space, Poulton-Spital boundary) 70. Brome Green, Poulton- Spital

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71A. Woodslea 97. Kelsall Avenue open Park/Dibbinsdale space and play area (amended boundary) 98. Eastham Rake open 72. New Ferry Park space 73. Bromborough 99A. Eastham Country Park Recreation Ground extension (amended 74A. Shorefields and boundary) Mayfields, New Ferry 100A. The Breck Recreation (amended boundary) Ground (amended 74B. Samaria Avenue woods boundary) (amended boundary) 101. Urmson Road play area 75. Port Causeway play 102A. Mosslands Drive open area space, allotments and 76. Onslow Park Wallacre playing fields 77. Boundary Road (amended boundary) bowling green, Port 103. Burford Avenue Wood Sunlight 104. Wallacre playground 78. Windy Bank open 105A. Tower Grounds space, Port Sunlight (amended boundary) 79. Lodge Lane open 106. Vale Park space, Port Sunlight 107. Marine Park 80. Winser Street open 108. Quarry Recreation space, Port Sunlight Ground 81. Owen Street open 109. Earlston Gardens and space, Port Sunlight Wallasey Cemetery 82. The Ginnel, Port 110. St Georges Park Sunlight 111. The Delph open space 83. The Dell, Port Sunlight 112. Kings Parade, east of 84. Bolton Road bowling Portland Street green, Port Sunlight 113. Kings Parade 85. Church Drive open Recreation Ground space, Port Sunlight 114. Kings Parade, east of 86. The Diamond, Port Sea Road Sunlight 115. Kings Parade, west of 87. Bradmoor Recreation Sea Road Ground and allotments 116. Kings Parade, east of 88. The Glen, Kinglass Sandcliffe Road Road 117. Kings Parade, west of 89. Bromborough Road Sandcliffe Road Woodland 118A. Kings Parade, north of 90A. Land north of the Minature Golf Bromborough Road, Course (amended Bromborough boundary) cycleway and 119A. Kings Parade Miniature woodland (amended Golf Course (amended boundary) boundary) and 91. Plymyard playing fields, 119B. Derby Pool Picnic Area (amended boundary) east of Bridle Road, and 120. Harrison Park and Plymyard Cemetery Warren Park Golf 92. Plymyard playing fields, Course west of Bridle Road 121A. Elleray Park (amended 93. Acre Lane playing boundary) fields 122. Belvidere Recreation 94. Allport Common Ground 95A. Eastham Rake play 123. Cross Lane open area (amended space, including boundary) Wallasey RUFC, 96. Heygarth Road open Ashville AFC and space

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School Lane playing 156A. Arrowe Brook linear fields park, Moreton 124. Captains Pit (amended boundary) 125. Flynn's Piece 157. Upton Meadow and 126. St Hilary's Gardens Arrowe Brook linear 127. Folly Lane open space park, Brookdale 128. Bayswater Gardens Avenue 129A. Central Park (amended 158. Arrowe Brook linear boundary) park, Girtrell Avenue 130. Rycroft playing fields 159. Arrowe Brook linear 131. Oakdale Recreation park, Whitelands Ground Meadow 132A. Limekiln Lane 160. Arrowe Brook linear Community Park park, Sandpiper Close (amended boundary) 161A. Overchurch Park 133. Citrine Park (amended boundary) 134. North Seacombe 162. Warwick Hey Park Recreation Ground, 163. Norwich Drive Wallasey Town Hall Woodlands gardens and frontage 164A. Weybourne Close 135. Seacombe Ferry open Woodland (amended boundary) space 165. Saughall Massie Road 136A. Scottsfield walkway (amended boundary) Woods 137. Magazine Promenade 166. Woodpecker Close plantations open space 138. Maddock Recreation 167. Headington Road Ground Wood 139. Egremont Promenade 168. Salacre Crescent open spaces Woods 140. Sandon Promenade 169. Kingfisher Way open open space space 141. Sandon Road 170. Nuffield Close Recreation Ground Woodland 142. Bridle Road play area 171. Wolferton Close open 143. Luke Street play area space 144. Whiteheath Park, 172. Grange Hill, West Kirby Leasowe 173A. Ashton Park and Wirral 145A. Lombard Road/ Yew Country Park - Wirral Tree Green open space, Way (amended Moreton (amended boundary) boundary) 174. Queens Park, Meols 146. Birket Avenue open 175. Meols Lower Green space, Leasowe 176. Sandlea Park, West 147. The Stakes, Leasowe Kirby 148. Knutsford Green, 177. Victoria Gardens, West Moreton Kirby 149. Pasture Road open 178. Carr Lane Recreation space, Moreton Ground, Hoylake 150. Lingham Park 179. Roman Road open 151. Paulsfield Drive space, Meols Woodland 180. Dovepoint Common, 152. Saughall Grange Meols Recreation Ground 181. Meols Parade Gardens 153. Berwick Close open 182. The Grove playground, space Hoylake 154. Oak Close open space 183. Goose Green, Meols 155. Carr House Lane open 184. Monkey Wood/ Shaws space Drive open space, Meols

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185. Meols Parade open 214. Heswall Dales and land space around the former 186. Forest Road open Cleaver Hospital space, Meols 215. The Beacons 187A. Hoylake Promenade 216. Heswall Pinewoods open space (amended 217. Dawstone Park boundary) 218. Telegraph Road open 188. Orrysdale Road open space 219A. Hill House Grounds space, West Kirby (amended boundary) 189. Barn Hey Crescent, 220. Feather Lane Meols Woodland 190. Coronation Park, 221A. Farnworth Avenue play Greasby area, Leasowe 191A. Greenbank Community 222A. Wilfred Owen Drive Park and Cemetery, open space, Claughton West Kirby (amended 223A. Bullrush Drive play boundary) area, Moreton 192. Newton Common, West 224A. Cornflower Way open Kirby space, Moreton 193. Broadway open space, 225A. Epsom Road open Greasby space, Leasowe 194. Hambledon Drive open 226A. Cheltenham Cresecent space, Greasby open space, Leasowe 195. Hazelwood, Greasby 227A. Grovedale Drive play 196A. Greasby Road open area, Moreton space (amended 228A. Fendale Avenue open boundary) space, Moreton 197. Circular Drive open 229A. The Gorse pocket park space, Greasby 230A. Fulford Park play area, 198. Bromsgrove Road Moreton open space and linear 231A. Mereworth open space, link, Greasby Caldy 199. Mere Park Road open 232A. Warrender Drive open space, Greasby space, Bidston 200. Thorns Drive Wood and 233A. Oaklea Road open linear links, Greasby space, Irby 201A. Thorns Drive linear 234A. Brookthorpe Close open space, Greasby open space, Liscard (amended boundary) 235A. Rock Park pocket park 202. Oakdale Drive open 236A. Bidston Moss space, Greasby Community Woodland 203. Newbould Crescent and nature reserve open space, West Kirby 237A. Larton Wood, Newton 204. Grange Farm Crescent 238A. New Chester Road open space, West Kirby woodland, Port 205. Ridgewood Park, Sunlight Pensby 239A. Gilwell Avenue open 206. Irby Recreation Ground space, Moreton 207. Caldy Hill 240A. Cambrian Close play 208. Coronation Gardens, area, Moreton West Kirby 209. Devonshire Road playing field, West Kirby 210. Heathbank Avenue open space, Irby 211. Whitfield Common 212. Poll Hill 213. Puddy Dale

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PROPOSAL GR2 - REASONED JUSTIFICATION

8.15 Policy GRE1 provides for the protection of a network of accessible public open space throughout the Borough. While the nature of that protection is set out within Policy GR1, Proposal GR2 identifies the individual sites to which this protection will be applied. The boundaries of each site are shown on the Proposals Map.

8.16 The protection given to Proposal GR2 sites is based upon the role the site plays within the network of accessible public open space, its contribution to the visual amenity and character of the urban area, and its contribution towards meeting the standards for the provision of space outlined below Policy GRE1. The Proposal GR2 list, therefore, comprises those sites which are considered essential to protect in order to ensure that the network and supply of accessible public open space is not compromised.

8.17 While accessible public open spaces falling outside the urban area also form an essential part of the network, they are not included within the Proposal GR2 list because of the additional protection they derive from national Green Belt controls.

Policy GR3A - The Protection of Allotments

Where allotments within the urban area, not listed under Proposal GR2, become surplus to requirements, appropriate development appropriate to the character of the surrounding area will be permitted unless: (i) the site would have significant potential to meet a shortfall in the network of accessible public open space; or (ii) the site would have significant potential to meet a shortfall in land available for sports pitches. In these circumstances the Local Planning Authority will require that an appropriate area of land is retained for open air recreation.

POLICY GR3A - REASONED JUSTIFICATION

8.18 Wirral has approximately 52 hectares of land given over to allotments. This is just below the level suggested by the Thorpe Committee of 0.2 hectares for every thousand people.

8.19 In practice, the viability of allotments is closely related to the level of local demand, ground conditions, the adequacy of on-site facilities and security considerations. Where these all militate against the site there is little sense in seeking to perpetuate its use. However, a good allotment site, where local demand can be demonstrated and ground conditions can be proved to be good should normally merit protection.

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8.20 Most allotment sites have statutory protection under legislation outside the Town and Country Planning Acts and all but 7 hectares are classed as statutory or permanent allotments. This effectively ensures that they continue in use. Statutory allotments cannot be lost without the consent of the Secretary of State for the Environment and unless plot holders can be re-accommodated on another statutory allotment site.

8.21 Allotments do not provide accessible public open space in the fullest sense because of their restricted access and so are not automatically protected under Proposal GR2. Nevertheless, when no longer required as allotments, they offer potential to alleviate shortfalls in the network of accessible public open space and in the supply of land for sports pitches, especially where other available open land is limited. In such circumstances the Local Planning Authority will be concerned to ensure that their potential contribution as public open space is fully taken into account, before allowing their release for other uses.

Proposal GR4 - Allotments to be Protected From Development The following sites within the urban area will be protected from development, subject to Policy GR3: 1. Beaconsfield 13. Manor Drive allotments, allotments, New Ferry Upton 2A. Bebington Road 14A. Molyneux allotments, allotments, Egerton Egerton (amended (amended boundary) boundary) 3A. Bedford Avenue 15. Mountwood allotments, allotments, Egerton Egerton (amended boundary) 16A. Plymyard allotments, 4. Buckingham Avenue Eastham (amended allotments, Liscard boundary) 5A. Carrodus allotments, 17. Salacre allotments, Bidston (amended Upton boundary) 18A. Shakeshaft allotments, 6. Church Road Bidston (amended allotments, Tranmere boundary) 7. Fairview allotments, 19A. Sumner Road Oxton allotments, Bidston 8A. Harris allotments, (amended boundary) Egerton (amended 20. Teehey allotments, boundary) Bebington 9. Hill Road allotments, 21. Belvidere allotments, Claughton Wallasey 10. Ilford Avenue 22. Tollemache Road allotments, Seacombe allotments, Claughton 11A. Lansdowne Place 23. Upton Road allotments, allotments, Bidston Claughton (amended boundary) 24. Wingate Road 12. Manor Lane allotments, allotments, Eastham Rock Ferry

PROPOSAL GR4 - REASONED JUSTIFICATION

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8.22 Policy GR3 provides for allotments not identified within Proposal GR2 to be protected from development where they can alleviate a local shortfall in accessible public open space or land available as playing fields. This is of most importance where allotments are located within areas where available open land is scarce.

8.23 All the sites listed fall within the urban area and many are known to fall within areas of recreational deficiency. While they do not provide for the recreational needs of the general public in the fullest sense they are an important local resource and often contribute to the greenspace of the urban environment. They are therefore allocated within Proposal GR4 for protection subject to Policy GR3.

Policy GR5 - Landscaping and New Development

In order to secure the protection and enhancement of visual amenity the Local Planning Authority will require applicants to submit full landscaping proposals before full planning permission is granted. Proposals should: (i) include a clear specification of landscaping proposals indicating the species mix, the location, height and density of new planting, as well as areas of new ground modelling or other land features proposed; (ii) be appropriate in terms of the nature and location of the development proposed, the visual prominence of the site, the potential visual impact of the development and the character of the surrounding area; (iii) provide for new planting and for the protection, replacement or enhancement of existing features such as ponds, trees, bushes, shrubs or hedges including, where relevant, appropriate boundary treatment and provision for the protection of wildlife; and (iv) take full account of the effect of proposals on visibility at access points, the effect of local climatic influences and the potential for misuse or erosion which may affect the appropriateness of landscaping proposals. Layouts that would leave landscaped areas which are not easily supervised or which would prejudice the supervision of other sensitive areas of the site will be resisted. Planning permission will be subject to conditions relating to the protection of existing features specified for retention, the timing and aftercare of new planting including provision for the replacement of stolen, damaged, diseased or dead plants or trees throughout the period until newly planted stock is established and capable of normal unaided growth.

POLICY GR5 - REASONED JUSTIFICATION

8.24 Landscaping is one of five matters that are to be specifically addressed when considering applications for planning permission and the Local Planning

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Authority can require appropriate landscaping as a condition of planning consent. The Local Planning Authority also has a legal duty to provide for improvements to the physical environment and to provide for the conservation of the natural beauty and amenity of the area. Policy GR5, therefore, sets out the considerations that the Local Planning Authority will take into account in the exercise of these powers.

8.25 Landscaping is particularly important in relation to regulating the visual impact of new development and requires careful assessment on a site by site basis. Policy GR5, therefore, requires detailed landscaping proposals to be submitted as part of all applications for full permission. This will enable landscaping requirements to be properly considered together with other matters relating to the siting, layout and external appearance of the development, and will prevent landscaping considerations being deferred to some time after consent has been issued.

8.26 Policy GR5 also sets out the main considerations that the Local Planning Authority will take into account in assessing the adequacy of landscaping proposals. These primarily relate to the individual circumstances of the site, the location and the nature of the development proposed, and the protection of any characteristic greenspace features already present on the site or within the locality. Special attention will, therefore, be given to landscaping where the site is particularly prominent, where the development would be particularly intrusive or where it is important in order to preserve the character of the site or the area in which it is located.

8.27 Special attention will also be given where landscaping is required as a "buffer" to protect the amenity of adjacent property or to protect other features of importance such as water courses, nature conservation sites, wildlife corridors, Conservation Areas, archaeological sites or distinctive landscapes. Control over the species mix within proposals will also be necessary in the vicinity of areas with value for nature conservation, especially where they may introduce invasive or exotic species which may pose a threat to the continued conservation value of the site. Special care will also be applied where landscaping needs to be more robust to prevent misuse or erosion. Fencing or other suitable boundary treatments must be appropriate to the setting of the area.

8.28 Further guidance in relation to landscaping is contained within Supplementary Planning Guidance Note 16. The Merseyside Police Architectural Liaison Officer can also offer advice to ensure that landscaping contributes towards an environment which discourages crime.

Policy GR6A - Greenspace Within New Family Housing Development

Proposals for new family housing development, defined as houses dwellings with two or more bedrooms, will be required to provide greenspace at an overall level of 60 square metres for every new dwelling

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constructed and will be required within this overall requirement, to make specific provision for safe children's play. Greenspace provided under Policy GR6A should be accessible public open space, clearly set out for the purpose of visual amenity and local recreation and should: (i) relate well to the existing network of accessible public open space within the locality; (ii) provide for the retention or creation of linear links throughout the area; (iii) make provision for the planting of trees, and for the retention and enhancement of existing landscape features such as ponds, trees, and woodlands; (iv) incorporate a larger area of open space suitable for active recreational use; and (v) be designed and located in order to minimise the potential disturbance to neighbouring property. The requirements of Policy GR6A will not be held to apply to proposals: (a) comprising 35 dwellings or less, unless the proposal forms part of a wider residential development area which would in total exceed 35 new dwellings; or (b) where the dwellings constructed would fall within 400 metres of an existing accessible public open space of 1.5 hectares or above.

POLICY GR6A - REASONED JUSTIFICATION

8.28 National policy guidance requires the provision of open space to be properly co- ordinated with new development and that additional provision required to serve the needs of new residents is reasonably related in scale and location to the development proposed. National guidance also requires the UDP to indicate the level of open space provision that will be expected within new housing areas. Policy GR6A, therefore, sets out the standards that the Local Planning Authority will normally apply in order to regulate and standardise the provision of open space within new housing development.

8.30 Policy GR6A requires new accessible public open space to be provided at a rate of 60 square metres for every new dwelling constructed. This is directly derived from the Council's standard for the local provision of accessible public open space set out below Policy GRE1, and assumes an average household size of 2.5 people within each dwelling. Exceptional circumstances must be demonstrated in order to depart from this standard.

8.31 The space required by Policy GR6A should normally be provided within the layout of the development proposed and in accordance with Government guidance, new family housing developments must also provide suitable areas for children’s play. Policy GR6A accepts this provision to be made as part of the

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overall provision of new open space. Considerations specifically related to the provision of children’s play are contained within Policy RE11, which can be found in Section 9 of the UDP.

8.32 The Local Planning Authority recognises that it may not be appropriate or desirable to apply this standard to schemes below thirty-five units, in terms of obtaining a meaningful provision of useable open space. Policy GR6A will, therefore, only normally apply to development areas where more than thirty-five dwellings are to be constructed. The Policy GR6A standard will, however, be taken to apply cumulatively.

8.33 Where a number of smaller individual proposals would total more than thirty-five units, the Local Planning Authority will apply the Policy GR6A standard to each proposal on a pro-rata basis, as if the area to be developed were to be considered as a whole. Where appropriate, a similar procedure will also be encouraged where larger projects combine to form a single development area, especially where space of greater recreational potential or an enhanced network of linked spaces can be secured. Schemes below the thirty-five unit threshold will, however, continue to be subject to Policy GR5 with regard to the provision of landscaping within new developments.

8.34 The justification for requiring new greenspace to be provided only applies where the existing distribution of accessible public open space is inadequate to provide for the legitimate recreational needs of new residents. The local standard for the provision of such space is set out below Policy GRE1. Policy GR6A will only, therefore, be applied where the new dwellings proposed would clearly not be capable of being adequately served by an existing local open space.

8.34A Further guidance on the provision of public open space within new residential development is contained within Supplementary Planning Guidance Note [xx].

Policy GR7 - Trees and New Development

In assessing the protection to be given to trees on development sites the Local Planning Authority will consider the general health, structure, size and life expectancy of trees, their visual value within the locality and their value for nature conservation and will require that buildings, structures and hard surface areas are sited in order to: (i) substantially preserve the wooded character of the site or of the surrounding area; (ii) provide for the protection of trees of greatest visual or wildlife value and other vigorous healthy trees; (iii) ensure that trees to be retained have adequate space in order to prevent damage to their canopy or root structures during construction and to allow for the future growth of canopy and roots to normal mature sizes;

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(iv) prevent the removal of trees by occupiers of the development to obtain reasonable sunlight to habitable rooms, secure an open unshaded garden area, or to remove perceived dangers to life and property; and (v) protect trees on adjacent land which may be affected by the development proposed; Applications should include detailed plans showing the location of individual trees to be affected by the development proposed, together with information related to trunk girth, species mix, height, canopy spread and general health and condition. Trees to be felled should be clearly indicated. Where development involving the loss of trees is to be permitted, the Local Planning Authority will, as a condition of planning consent, require replacement trees to be planted elsewhere on the site where this is required in order to protect or preserve local amenity. Planning conditions will include provision for the future maintenance of newly planted stock, including the replacement of failures, until the newly planted stock is established and capable of normal unaided growth; and during the construction period, measures related to the protection of trees to be retained. Work to trees, including felling, removal, thinning and crown lifting should be completed prior to construction commencing in accordance with a scheme of work agreed in advance with the Local Planning Authority.

POLICY GR7 - REASONED JUSTIFICATION

8.35 Trees form a prominent part of the Wirral landscape and comprise an essential feature in the special character of many of Wirral's residential areas. Indeed, even where tree cover is not a distinctive characteristic of a neighbourhood, a single large tree or group of trees can have a significant visual impact within the surrounding area.

8.36 Policy GR7 forms part of the Local Planning Authority's wider responsibility to conserve the natural beauty of the area and to provide for physical improvements to the environment. It also reflects the statutory duty to, wherever appropriate, specifically provide for the preservation and planting of trees when granting planning consent. Policy GR7 does not, however, provide a blanket protection for all trees. Instead, it provides for the circumstances of each site to be considered in terms of its importance within the surrounding area. The objective of Policy GR7 is to ensure that issues related to the health, size, visual significance and the wildlife value of trees are properly assessed before development is permitted or refused.

8.37 In accordance with Policy GR7, trees or woodlands possessing significant visual or wildlife value will normally be retained. However, where it proves necessary to permit the loss of trees, Policy GR7 also requires applicants to undertake

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replacement planting, especially in order to preserve the wooded character of a site or neighbourhood or in order to protect the amenity of adjacent property.

8.38 The protection, planting and subsequent preservation of trees will normally form the subject of conditions attached to planning consent. These conditions will include provision for the future maintenance of newly planted stock until newly planted trees are properly established and measures to prevent root damage to existing trees from trenches for foundations, cables and other utilities.

8.39 It is not, however, only the development process itself that can lead to the loss of trees. Trees planted too close to buildings or site layouts which are too cramped to provide for the normal growth of trees to maturity can often lead to pressure for their subsequent removal. Policy GR7, therefore, also provides that the siting and layout of new development and new planting is carefully regulated in order to prevent the need to remove trees once the development is complete and occupied.

8.40 While Policy GR7 will mainly apply to trees affected by development proposals located within the urban area, it will also be held to apply to applications for development within the Green Belt. Indeed, within the Green Belt it will often be more important where the need to preserve rural character and protect the wider landscape from the impact of new development is a priority.

8.41 In addition to the powers and duties outlined above, the Local Planning Authority also has the power to issue Tree Preservation Orders where it is "expedient in the interests of amenity". Such an Order provides additional protection to selected trees and woodlands where their removal or cutting would have a significant impact on the environment. While Policy GR7 does not represent a definitive strategy for Tree Preservation Orders, the criteria related to health, size, visual value and nature conservation value will form primary considerations in the issue of new or revised Orders.

8.42 Further advice in relation to Tree Preservation Orders and the presentation of proposals affecting trees is contained within Supplementary Planning Guidance Note 17.

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9. SPORT AND RECREATION

PART ONE POLICY

POLICY REC1A - REASONED JUSTIFICATION

9.1 Opportunities for sport and recreation are important features in the quality of life for many people. The range and quality of sports provision not only contributes to the health and fitness of local people, but can also contribute to the wider image and attractiveness of an area. Sport also has an important local economic impact, not least in terms of the level of employment supported by consumer spending on sports-related goods and services, including education, travel and the media.

9.2 While it is national policy to promote the development of sport and recreation, it is the role of the local authority to assess local needs for recreational facilities, identify deficiencies and encourage the development of suitable sites for additional provision. Planning policies should, therefore, not only aim to make adequate provision for new development but also seek to guide that provision to areas where the greatest needs have been identified.

9.3 Policy REC1A provides the framework for the future development of sports facilities throughout the Borough. It particularly seeks to concentrate new development within the urban area where demand is greatest and facilities are most easily accessible to local people. This is not only consistent with the urban regeneration strategy for the Borough but also with national Green Belt restrictions. It also reflects the pattern of deficiency in sports provision throughout the Borough.

9.4A While There are few quantifiable or commonly agreed standards for the provision of sports facilities and the Government believes that standards are best set locally to cater for local circumstances. The Council has recently completed an audit and assessment of sports pitch provision across the

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Borough but a comprehensive audit and assessment of other indoor and outdoor sports facilities has not yet been completed. indicators such as the target for outdoor playing space recommended by the National Playing Fields Association (NPFA) demonstrate a general shortfall of provision throughout most areas of the Borough. For example, the NPFA target relates the number of people normally resident within an area to the overall amount of land available and in active use for outdoor recreation. This includes facilities such as playing fields, running tracks, bowling greens, tennis courts and other areas specifically intended for formal sport or play. In Wirral, the current level of provision for this type of space, including facilities managed by the public, private and voluntary sectors, is 1.85 hectares for every thousand people. This is well below the target level of 2.43 hectares for every thousand people recommended by the NPFA.

9.4B It is national policy that existing open space, sports and recreational buildings and land should not be built on unless an assessment has been undertaken which has clearly shown the open space or the buildings and land to be surplus to requirements. In the absence of an up-to-date assessment by a local authority, an applicant for planning permission may undertake an independent assessment, in consultation with the local community, to demonstrate that the land or buildings are surplus to requirements and that the local community supports their proposals. The Government has issued separate advice on how to undertake such an assessment.

9.4C The main outdoor facilities are provided within the Borough’s parks and open spaces, many of which are protected under the policies for Urban Greenspace in Section 8 of the Plan or by national Green Belt controls. These are supplemented by outdoor facilities at the Council’s sports and recreation centres and by a large number of smaller, privately owned or managed sites, providing higher quality facilities, such as sports pitches, tennis courts and bowling greens, mainly for competitive play. A limited number of school facilities are available for wider community use, subject to the discretion of the Headteacher.

9.4D The main indoor facilities, such as sports halls and swimming pools, are provided at the Council’s sports and recreation centres, supplemented by voluntary sector facilities and by community sports halls at secondary schools across the Borough. The main commercial facilities are provided at New Brighton, Birkenhead Town Centre, South Wirral Leisure Park in Bromborough, and the Total Fitness complex at Prenton. There are a large number of smaller, independent, health and fitness centres at hotels and in and around the Borough’s other town and district centres.

9.5A In contrast to this, the distribution and range of indoor facilities within Wirral is generally good. The vast majority of the needs identified within the Wirral Leisure Strategy prepared by the Council’s former Leisure Services and Tourism Department identifies the need for a number of additional facilities have now been met. Many have recently been provided through a major new construction programme, sponsored by the Wirral City Lands Initiative, which has

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included the Wirral Sports and Indoor Tennis Centre at Bidston, the Birkenhead Cricket Club Indoor Cricket Centre and the Europa Pools swimming complex. A formal review of the Strategy has not yet been undertaken but, in the interim, However, the following additional facilities are considered to be still required;

· a wider distribution of synthetic sports pitches to serve Wallasey and the mid-Wirral settlements and to provide for sports training · small, 20 metre, local or neighbourhood swimming pools at Beechwood, Bidston and to serve the Heswall/ Pensby and Eastham/ Bromborough areas · multi-purpose indoor sports centres to serve West Wirral and the Eastham/ Bromborough area a replacement for the Woodchurch Sports Barn · local neighbourhood sports halls adjacent to school sites catering for joint public and school use new sports halls at Pensby High School, Calday Grange Grammar School, West Kirby Grammar School and at the Birkenhead Sixth Form College · play and community centres at identified locations · a specialist gymnastics training centre · provision for ice and roller skating · children's play equipment within existing urban open spaces at identified locations · an indoor bowling centre · a replacement for the Oval ski slope · a package of improvements to pitch facilities across the Borough including playing surfaces and changing rooms · additional grass sports pitches to serve Wallasey, Heswall and the population to the east of the M53 Motorway · improved facilities for athletics · a wider provision of skateboard facilities across the Borough · a wider distribution of Multi Use Games Areas

9.6A The Leisure Strategy also identifies the need for additional library facilities. Such projects and other sports related developments of a predominantly urban nature are not appropriate outside the urban area. Proposals for other new sports facilities will be assessed, on their individual merits, based on evidence of local need and community consultation. Evidence of local need should include an audit of the quantity, quality and accessibility of existing similar facilities.

9.7 Policy REC1A also provides for the protection of facilities that play a particularly important role in providing for recreational needs within the area. This includes major recreational facilities, such as the Oval Sports Centre in Bebington and the Leverhulme Sports Ground in Eastham, as well as smaller sports grounds which may not have the range of facilities of the larger sports complexes but which nevertheless provide for higher levels of competition that require facilities above normal standards. Such sites are rare and if lost, would be very difficult to adequately replace.

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9.8 In areas where land with potential for sporting use is already limited such sites can assume even greater importance. This is also the case for facilities which can support relatively intensive use for a wide range of different activities, especially where they are well located, able to serve a relatively wide catchment area and still have scope for future expansion. The distribution of such facilities also needs to be safeguarded so that the range of opportunities available throughout the Borough is consistent. This requirement is, therefore, also specifically reflected within Policy REC1A.

Policy RE1A - Criteria for Urban Recreation Facilities The Local Planning Authority will permit proposals for new facilities for sport and recreation within the urban area where: (i) the siting, scale and visual impact of any related buildings or structures is appropriate within the surrounding area and well related to associated outdoor facilities; (ii) the proposals would not give rise to unacceptable levels of noise or other disturbance, particularly to areas of residential property; and (iii) adequate provision has been made for highway access and for on- site car parking and manoeuvring, including for buses and coaches where appropriate. Facilities likely to draw users from outside the immediate local neighbourhood should be located so as to be easily accessible by public transport a choice of means of transport. The Local Planning Authority will, where appropriate, apply planning conditions in order to minimise potential disturbance to adjacent residential property.

POLICY RE1A - REASONED JUSTIFICATION

9.9 Facilities for sport and recreation are of particular importance within urban areas where they are easily accessible to local people. They are not, however, suitable in every location and Policy RE1A, therefore, sets out the criteria that will normally be used to assess their appropriateness.

9.10 The criteria are based upon whether the site is suitable to accommodate the nature and scale of the use proposed in terms of operational requirements and the impact on the surrounding area. In particular, it provides for the protection of residential amenity and allows for the Local Planning Authority to control aspects of the operation of the site in order to achieve this objective.

9.10A Some types of facility for sport and recreation may also need to be subject to the sequential approach set out in Policy UR2A in Section 4 of the Plan. This is to ensure that uses likely to generate a significant number of trips will be located in the most accessible locations and will, wherever possible, contribute to the

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attractiveness, vitality and viability of the Borough’s existing sub-regional, town, district and neighbourhood centres.

Proposal RE2 - Land for New Recreation Facilities Proposals for additional indoor and outdoor sports facilities will be permitted at the following locations subject to adequate servicing, highway access and parking arrangements and appropriate measures to minimise disturbance to adjacent residential property; 1. The Oval Sports Centre, Bebington 2. Leasowe Recreation Centre, Leasowe 3. Wirral Sports Centre, Bidston

PROPOSAL RE2 - REASONED JUSTIFICATION

9.11 The Oval Sports Centre is an established major sports facility providing for a wide range of sporting activities and for top level competition. Some of its facilities, such as the athletics arena, are of regional significance. In order to retain its importance, there is a continual need to replace, upgrade and enhance elements of the complex, in terms of the number of sports provided for and the quality of that provision.

9.12 Wirral Borough Council has identified a programme of enhancement which includes the modernisation of the grandstand and spectator facilities, the replacement of an all-weather pitch with a synthetic surface, improved car parking, upgrading the ski-slope, the refurbishment of outdoor tennis courts, other external environmental improvements and improvements to indoor sports facilities. This is not, however, an exhaustive list of the projects that may need to be undertaken during the UDP period. Proposal RE2, therefore, recognises the importance of the facilities provided by the Centre, the need to maintain and enhance the standard of provision for sport, and specifically provides for development and redevelopment to take place in this location.

9.13 The leisure centres at Leasowe and Woodchurch are also established locations for indoor and outdoor sporting activities, and play a vital role as district sports centres, serving a wide catchment throughout the urban area. Both have additional land available for further development and adequate servicing facilities. However, Woodchurch Leisure Centre falls outside the urban area and only Leasowe Recreation Centre is, therefore, specifically allocated for new sports-related development under Proposal RE2.

9.14 Wirral Sports Centre, which includes provision for indoor tennis and associated outdoor facilities, was completed during 1993. Although modern and extensive there may still be scope to realign, improve or extend the facilities during the UDP period, and this site is, therefore, also included under Proposal RE2.

Proposal RE3 - New Neighbourhood Indoor Sports Facilities

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Neighbourhood swimming pools and multi-purpose indoor sports facilities are required to serve the Heswall/ Pensby and Bromborough/ Eastham areas of the Borough. They should be provided subject to Policy RE1, when resources become available.

PROPOSAL RE3 - REASONED JUSTIFICATION

9.15 The Heswall/ Pensby and Bromborough/ Eastham areas of the Borough have been identified within the Wirral Leisure Strategy as requiring the provision of indoor sports facilities, including swimming pools. Public consultation has confirmed this assessment.

9.16 While sites have not yet been identified, nor resources made available, it is important that the need for these facilities is identified within the UDP, in order to enable them to be provided within the Plan period.

Proposal RE4 - New Neighbourhood Swimming Pool, Beechwood Land at Fender Way, Beechwood, adjacent to the Beechwood Sports Centre, is allocated for a new neighbourhood swimming pool.

PROPOSAL RE4 - REASONED JUSTIFICATION

9.17 A neighbourhood swimming pool has been planned for a number of years as the second phase of the Beechwood Sports Centre. The proposal is within the Council's approved capital programme but awaits resources to be formally allocated. A suitable site, already owned by the Council, has been identified and is, therefore, allocated for this purpose under Proposal RE4.

Policy RE5A - Criteria for the Protection of Playing Fields The Local Planning Authority will protect sports grounds, and playing fields and playing pitches from development unless: (iA) the development is necessary for the continued use of the site as a playing pitch and meets the criteria set out in Policy RE1A; or (iB) sport and recreation facilities can best be retained and enhanced through the redevelopment of a small part of the site the land involved is incapable of forming a playing pitch, or part of one, and the development will not adversely affect the quantity or quality of a playing pitch or its use; or (iiA) alternative replacement provision of equivalent community benefit is made available equal or better standard will be secured within the same catchment area and will meet the criteria set out in Policy RE1A; or (iiiA) the provision of land for sports pitches including public, private and school facilities with secured community use, exceeds a standard of 1.21 hectares for every thousand people an audit of facilities and an assessment of need has been undertaken, in

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consultation with the local community, that demonstrates that the playing pitches and any ancillary facilities are surplus to the requirements of that local community; or (iiiB) the development will provide an alternative facility for sport and recreation that will be of greater value to the local community. Replacement provision of equal or better standard will be subject to a planning obligation to secure the delivery of the replacement facilities to the required standard at an acceptable alternative site before development will be allowed to proceed.

POLICY RE5A - REASONED JUSTIFICATION

9.18A National planning policy states that very careful consideration must be given to planning applications involving development on playing fields and that development on playing fields should only be allowed in a number of carefully defined limited, circumstances protected from development unless a surplus of playing pitches exists, or an adequate replacement can be provided, or where limited development may be necessary in order to improve or secure the retention of recreational facilities. Policy RE5A, therefore, re-states this general policy. The objective of Policy RE5A is to ensure that appropriate long-term provision is retained for the playing of pitch sports, at varying levels of competence, throughout each area of the Borough.

9.19 National planning policy guidance also states that the UDP should include a statement of the community's requirement for playing pitches and encourages local planning authorities to draw up their own standards of provision for formal sport. The Sports Council's Playing Pitch Strategy recommends a national minimum standard for playing pitch provision of 1.21 hectares for every thousand people. This standard includes public, private and school facilities with secured community use, but excludes school facilities used exclusively for educational purposes. The Local Planning Authority considers this standard to be a realistic measure to assess levels of provision throughout the Borough and has, therefore, adopted it as a framework for development control. The standard will normally be applied to areas with a distinct and separate community identity.

9.20 In Wirral the overall provision of playing pitches for team sports in active use in the season 1993/94, including school facilities with secured community use, was 0.88 hectares for every thousand people. While the local supply of pitches varies markedly throughout the Borough, the most serious shortfalls were concentrated within the densely developed older urban areas, in Wards such as New Brighton, Liscard, Seacombe, Birkenhead, Bidston, Tranmere and Egerton, where there is a shortage of suitable open land and car ownership is low. Other localised shortfalls occur in Heswall, Clatterbridge, Upton, Oxton, Moreton and Royden. The level of use and wear and tear suffered by sites in these areas during a normal playing season witnesses that levels of demand are high. In these circumstances, and where the scope for alternative provision is limited, it is

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essential that land for pitch sports is retained and protected from other forms of development.

9.21 This applies equally to both publicly and privately managed sites. The private sector maintains approximately 30% of the total stock of playing fields, which represents a very significant contribution to the amount of land available for formal sport. Indeed, private sector provision is often at a standard greater than many public facilities, and in general provides for the higher levels of sporting competition. Such sites are of special significance, and will normally merit additional protection in accordance with Policy REC1.

9.19A An detailed audit and assessment of pitch provision was last carried out during June and September 2002. The resulting strategy and action plan, published in February 2004, recommended that:

· Wirral would require a total provision of at least 1.00 hectare of playing fields for every thousand people to meet current and future needs over the next five to ten years; · that over 30% of the existing stock of available playing pitches was currently inadequate for their purpose in terms of the quality of the playing surface and of the ancillary facilities; and, · that up to 25 additional pitches were required to meet identified latent demand.

9.19B The assessment identified the need to re-configure provision in mid-Wirral and in the areas to the east of the M53 Motorway, to meet the demand for junior competition and to provide for a higher number of higher quality facilities. It also identified a significant shortfall of provision in Heswall (including Irby, Pensby and Thingwall); Hoylake (including Meols); and Wallasey (including New Brighton, Liscard and Seacombe). These findings further reinforce the need to be restrictive on development on playing fields.

9.19C Any planning application that is likely to prejudice the use or lead to the loss of use of land which is or has been used as a playing field must be notified to Sport England. Planning applications that the Council intends to approve, to which Sport England has objected, must be notified to the Secretary of State before permission can be granted. Additional notification procedures apply to the disposal or change of use of school playing fields.

9.19D In considering planning applications, Sport England will pay close attention to the findings of the latest audit and assessment. Applicants for development proposals involving playing fields and playing pitches are, therefore, strongly advised to consult Sport England before submitting their planning application. Applicants will also be required to demonstrate that arrangements for the continued use of the site for sport have been fully investigated and that the land has been freely marketed to other potential recreational users.

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9.19E For the avoidance of doubt, “playing field” and “playing pitch” will be defined in accordance with the Town the and Country Planning General Development Procedure Order (as amended). Policy RE5A will also apply not only to the playing surface but to safety margins and other areas required for the run of the ball, and to ancillary facilities such as changing rooms, pavilions, car parks, spectator accommodation and floodlights, irrespective of ownership, management or land-use designation.

9.19F Playing fields and playing pitches are also classified as previously undeveloped greenfield land in national planning advice. Policy UR1A in Section 4 of the Plan indicates that development proposals on greenfield land will be accorded a low priority in order to maximise the use of previously developed brownfield land.

Policy RE5B – Criteria for the Protection of Other Sports Facilities Other sports facilities, in addition to facilities protected under Policy RE5A, will be protected from development unless: (i) the development is necessary for the continued use of the site for sport and recreation and meets the criteria set out in Policy RE1A; or (ii) replacement provision of equal or better standard will be secured elsewhere within the catchment area and will meet the criteria set out in Policy RE1A, or (iii) an audit of facilities and an assessment of need has been undertaken, in consultation with the local community, that demonstrates that the facilities are surplus to the requirements of that local community; or (iv) the development will provide an alternative facility for sport and recreation that will be of greater value to the local community. Replacement provision of equal or better standard will be subject to a legal agreement/planning obligation to secure the delivery of the replacement facilities to the required standard at an acceptable alternative site before development will be allowed to proceed.

POLICY RE5B - REASONED JUSTIFICATION

9.20A The requirement to protect local facilities for sport and recreation extends beyond the provision of sports pitches and includes other facilities such as tennis courts and bowling greens, as well as indoor facilities such as swimming pools and sports halls. Policy RE5B, therefore, sets out the criteria that will be used to assess planning applications for development on such sites. The objective of Policy RE5B is to ensure that appropriate long-term provision is retained for a wide range of sport and recreation, throughout each area of the Borough.

9.20B National policy indicates that existing open space, sports and recreational buildings and land should not be built on unless an assessment has been

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undertaken which has clearly shown the open space or the buildings and land to be surplus to requirements. No audit or assessment of facilities, other than for sports pitches, has yet been undertaken by the Council. In the absence of such an assessment, an applicant may seek to demonstrate through an independent assessment that the land or buildings are surplus to requirements, in consultation with the local community.

9.20C Planning applications likely to prejudice the use or lead to the loss of land or buildings that have been used for sport or recreation will be notified to Sport England. Applicants are, therefore, strongly advised to consult Sport England before submitting their planning application. Applicants for non-recreational uses will also be required to demonstrate that arrangements for the continued use of the site for sport have been fully investigated and that the land has been freely marketed to other potential recreational users.

9.20D For the avoidance of doubt, Policy RE5B will apply not only to the playing surface but to safety margins and other areas required for the operation of the facility in question, and to ancillary facilities such as changing rooms, pavilions, car parks, spectator accommodation and floodlights. The criteria will apply to all sports facilities, irrespective of ownership, management or land-use designation.

9.20E Open space for sport and recreation is also classified as previously undeveloped greenfield land in national planning advice. Policy UR1A in Section 4 of the Plan indicates that development proposals on greenfield land will be accorded a low priority in order to maximise the use of previously developed brownfield land.

Proposal RE6A – Urban Sports Facilities Sports Grounds for Protection from Development The following sports facilities grounds and playing fields fall within the urban area and, as shown on the Proposals Map, will be protected from development subject to Policy RE5A and/or Policy RE5B: 1A. New Brighton RUFC 6. Moreton Sports Hartsfield, Leasowe Ground, Moreton 2A. New Brighton Cricket 7A. Premier Brands, Club, Rake Lane, Pasture Road, Land at Wallasey (amended Ditton Lane, Moreton boundary) 8A. Upton Cricket Club, Old 3A. The Delph Recreation Greasby Road Upton Ground, Liscard 9A. Millcroft Sports Ground, (amended boundary) Greasby (amended 4A. Wallasey Cricket Club, boundary) Rosclare Drive, 10A. Birkenhead Park RUFC, Wallasey Park Road North 5A. Poulton Victoria AFC, Birkenhead (amended Limekiln Lane, boundary) Seacombe Victoria 11. McAllester Memorial Park, Poulton Playing Fields, Oxton (amended boundary) (moved to RE7B/17)

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12A. Oxton Cricket Club, 34A. Wirral Sports Centre, Townfield Lane Oxton Bidston (moved from 13. Old Parkonians RE2/3) Association, Oxton 35A. Beechwood Recreation 14. Birkenhead School Centre, Fender Way Playing Fields, 36A. Grange Road West Noctorum (moved to Recreation Centre, RE7B/10) Birkenhead 15. Glenavon Road playing 37A. Co-operative Bowling fields, Prenton (moved Club, Birkenhead to RE7B/22) 38A. Royal Naval 16. Tranmere Rovers FC, Association, Prenton Park, Egerton Birkenhead 17A. Borough Road playing 39A. Birkenhead Tennis fields, Egerton Club, Oxton (amended boundary) 40A. Oxton Conservative 18A. Shaftesbury Boys Club, Village Road Youth Club, Egerton 41A. Tixall Bowling & Social (amended boundary) Club, Oxton 19A. Tranmere Rovers FC, 42A. Prenton Bowling Club, Ingleborough Road Prenton Road West Playing Fields, Egerton 43A. Prenton Tennis Club, 20A. St Peter’s Kirklands Storeton Road Sports Ground, 44A. Gladstone Liberal Club, Tranmere Tranmere 21A. Price’s Sports Ground, 45A. Southend Social Club, Bromborough Pool Tranmere (amended boundary) 46A. Albany Bowling Club, 22A. Bromborough Pool Rock Ferry Cricket Ground, The 47A. Byrne Avenue Green, Bromborough Recreation Centre, Pool Rock Ferry 23A. Octel Sports Club, 48A. Lairds Bowling & Bridle Road, Eastham Social Club, Rock Ferry 24A. The Warren Club, 49A. The Oval Sports Centre, Wallasey Bebington (moved from 25A. North Cheshire Tennis RE2/1) Club, Wallasey 50A. Leasowe Recreation 26A. Magazines Bowling Centre, Twickenham Club, New Brighton Drive (moved from 27A. Peers Institute, RE2/2) Wallasey Village 51A. Premier Brands 28A. Wallasey Manor Tennis Bowling Club, Moreton Club, Liscard 52A. Upton Victory Hall, 29A. Royal British Legion, Salacre Lane Liscard 53A. Alderley Tennis Club, 30A. Manor Road Bowling Meols Club, Liscard 54A. Bertram Tennis Club, 31A. Thorndale Tennis Club, Meols Liscard 55A. St Luke’s Tennis Club, 32A. Poulton Bowling Club, Hoylake Mill Lane 56A. Hoylake Tennis Club, 33A. Guinea Gap Recreation Eddisbury Road Centre, Seacombe 57A. Thingwall Recreation Centre, Sparks Lane

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58A. Pensby Recreation Moreton (moved from Centre, Pensby Road AG9) 59A. Pinewood Tennis Club, 64A. Stanley Park, New Heswall Ferry 60A. Heswall Tennis Club, 65A. Europa Pools Complex, Quarry Road East Birkenhead 61A. Poll Hill Bowling Green, 66A. Bromborough Pool Heswall Bowling Green 62A. Royal British Legion, 67A. Lever Club, Port Heswall Sunlight 63A. Fender Farm Riding 68A. Manchester Ship Canal School and Stables, playing field, Eastham

PROPOSAL RE6A - REASONED JUSTIFICATION

9.22A Policy RE5A and Policy RE5B set out the criteria that will be used to determine planning applications on land that has previously been used as a sports pitch or to land and buildings that have previously been used to provide other indoor or outdoor sports facilities. Proposal RE6A seeks to identify the sites, within the urban area, to which these policies will apply. The list of sites includes outdoor facilities such as sports pitches, tennis courts and bowling greens as well as indoor facilities such as recreation centres and riding schools.

9.22B The protection of sites within the urban area is of special importance because of the pressure from alternative uses; the greater need for sports facilities in more highly populated areas; and the scarcity of suitable open land. The objective of Proposal RE6A is, therefore, to help to retain an appropriate level of accessible local provision for sport and recreation throughout the urban area. Other facilities outside the urban area will continue to be protected from development by national Green Belt controls, in addition to the criteria in Policy RE5A and Policy RE5B.

9.22 National planning policy guidance indicates that open spaces with recreational value should be protected from development, especially within the urban area where demand is concentrated, having regard to current levels of provision and local deficiencies. Policy RE5 sets out general criteria for the protection of playing fields but Proposal RE6 identifies sites within the urban area that should be protected from development in order to ensure that adequate land is reserved for organised sport. The aim of Proposal RE6 is to prevent the continued loss of playing fields from within the urban area in particular.

9.23 In Wirral, 38% of the total supply of playing pitches is located within the Green Belt. This largely reflects the location and availability of suitable open land. While not diminishing their importance for sport, such sites are often not easily accessible to a large part of the urban population. Indeed, the most serious deficiencies in playing space are concentrated within built-up areas remote from open land at the urban edge. In many such areas there is little scope for additional provision and all those sites which are suitable to accommodate pitch sports are usually already in active use.

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9.24 Some urban open spaces containing playing fields are specifically protected under policies for Urban Greenspace. However, none of the sites included under Proposal RE6 are identified as Urban Greenspaces under Proposal GR2. While some are comparatively large spaces, they have restricted access, are exclusively used for sport and often have limited visual or amenity value. The principal value of these sites is, therefore, considered to be for formal recreation, and it is this value that is specifically protected under Proposal RE6.

9.25A The list of Proposal RE6A sites includes a number of sports grounds facilities that which are able to satisfy the standards required for higher level competition. Such Higher quality facilities have a far wider significance than sports pitches facilities in general. They are fewer in number, often serve teams from both within and outside the Borough, and once lost are not easily replaced. Proposal RE6A, therefore, also reflects the priority, expressed within Policy REC1A, to protect sports grounds and facilities of this nature throughout the Borough.

9.25B Land at Ditton Lane, Moreton (Proposal RE6A/7A) is the only site that is not under an existing recreational use. It is now designated for use as a sports ground as a replacement for the facilities provided at the adjacent Premier Brands factory complex, situated to the south of the River Birket between Pasture Road and Reeds Lane. Outline planning consent was granted for the replacement sports facilities at Ditton Lane during 1998.

Policy RE7A - Criteria for the Protection of School Playing Fields Sports Facilities. School playing fields will be protected from development, in accordance with Policy RE5A, unless the land is required for the provision of essential facilities for school purposes and no alternative land is available to accommodate the development proposed. Such proposals should, wherever possible, be designed to maximise the area remaining for school sport and outdoor recreation. Proposals for the development of school playing fields that have been declared surplus to educational requirements will be assessed in accordance with Policy RE5A and subject to the following criteria: (i) the ability of the site to alleviate a shortfall in the network of accessible public open space; (ii) the visual value of the site and the need to retain or enhance existing landscape features; (iii) the past level of use of the site for non-educational purposes for both sport and/ or informal recreation; and (iv) the ability of the site to alleviate a shortfall in the provision of sports pitches for use by the wider community.

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The Local Planning Authority will protect land from development where these considerations indicate all or part of the site should be retained for open-air recreation. Other school sports facilities will be protected in accordance with Policy RE5B.

POLICY RE7A - REASONED JUSTIFICATION

9.26A Department of Education Regulations require the provision of playing fields for schools. They are not always available for non-educational purposes and such sites are, therefore, excluded from consideration under the standard of provision outlined under Policy RE5A. However, they nevertheless remain of great value to the overall stock of recreational open space and especially to the stock of land suitable to accommodate pitch sports. Throughout Wirral they account for an additional 170 152 hectares of open land specifically intended and laid out for formal sport and play.

9.27B Government policy encourages the dual use of school facilities for use by the wider community. 232 hectares are already used in this way and account for 108% of the sports pitches available for public use. School playing fields also contribute to the greenspace of the urban environment and have particular visual value when located along open frontages. In addition, many school sites are subject to informal use as public open space. They are, therefore, important community assets in addition to their primarily educational role. The Local Planning Authority, in considering the future use of surplus educational land will, therefore, wish to safeguard their wider value to the community for public recreation and local amenity.

9.28A The protection of open land school sports facilities will, however, only be justified where deficiencies occur in the local network of accessible public open space, where sites have particular visual value, have been subject to a level of public use which cannot be adequately replaced or where the site is suitable to alleviate a shortfall in playing pitch provision an identified recreational need. These considerations are of special significance within an otherwise densely built-up area where open land for sport and recreation is already scarce. Policy RE7A, therefore, indicates that development on part or all of a site will normally be refused, where these circumstances combine to indicate the overriding importance of the site for public recreation and amenity.

9.28B Proposals for the disposal or change of use of school playing fields owned by the Local Education Authority will require separate notification to the Secretary of State for Education in addition to notification to Sport England under Planning legislation.

9.28C For the avoidance of doubt, “playing field” and “playing pitch” will be defined in accordance with the Town the and Country Planning General Development Procedure Order (as amended). Policy RE7A will not only be held to apply to

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any playing surface but also to any safety margins and other areas required for the run of the ball, and to ancillary facilities such as changing rooms, pavilions and car parks.

9.28D School playing fields and outdoor sports facilities are also classified as previously undeveloped greenfield land in national planning advice. Policy UR1A in Section 4 of the Plan indicates that development proposals on greenfield land will be accorded a low priority in order to maximise the use of previously developed brownfield land.

Proposal RE7B – School Playing Fields The following school playing fields, shown on the Proposals Map, will be protected from inappropriate development, subject to Policy RE7A: 1A. St George’s Primary 14A. Ridgeway High School, School, Wallasey Noctorum (amended (amended boundary) boundary) 2A. Oldershaw School, 15A. Townfield Primary Liscard (amended School, Oxton (amended boundary) boundary) 3A. Liscard Primary School, 16A. St Saviour’s CE Primary Withen’s Lane (amended School, Oxton (amended boundary) boundary) 4A. Weatherhead High 17A. Birkenhead School, School, Liscard McAllister Memorial (amended boundary) Playing Field (moved 5A. Riverside Primary from RE6/11) School, Seacombe 18A. Birkenhead School, (amended boundary) Beresford Road 6A. St Joseph’s RC Primary 19A. Birkenhead High School, School, Seacombe Oxton (amended boundary) 20A. St Werburgh’s RC 7A. Vyner Primary School, Primary School, Bidston (amended Birkenhead boundary) 21A. Prenton Primary School, 8A. St Oswald’s CE Primary Bramwell Avenue School, Bidston (amended boundary) 9A. Manor Primary School, 22A. Pershore House School Bidston (amended Sports Ground, Prenton boundary) (moved from RE6/15) 10A. Birkenhead School, 23A. Prenton High School, Noctorum Sports Hesketh Avenue Ground (moved from (amended boundary) RE6/14) 24A. The Dell Primary School, 11A. Hillside Primary School, Rock Ferry Noctorum 25A. Rock Ferry High School, 12A. St Anselm’s College Ward Grove (amended Sports Ground, boundary) Noctorum (amended 26A. Rock Ferry High School, boundary) Highfield South 13A. St Peter’s RC Primary (amended boundary) School, Noctorum 27A. John Plessington RC High School, Bebington

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28A. Bebington High School, 50A. Lingham Primary School, Higher Bebington Road Moreton (amended boundary) 51A. Foxfield School, Moreton 29A. Town Lane Infants 52A. Overchurch Primary School, Bebington School/Hayfield School, 30A. Higher Bebington Junior Upton (amended School, Mill Road boundary) 31A. Brackenwood Junior 53A. Upton Hall RC School, School, Bebington Upton (amended 32A. Wirral Grammar Schools, boundary) Bebington (amended 54A. Brookdale Primary boundary) School, Greasby 33A. Peter Price’s Lane 55A. Greasby Infants School, Playing Field, Bebington Barker Lane (amended (amended boundary) boundary) 34A. Stanton Road Primary 56A. Greasby Junior School, School, Bebington Mill Lane (amended (amended boundary) boundary) 35A. Poulton Lancelyn 57A. Our Lady of Pity RC Primary School, Spital Primary School, Greasby (amended boundary) (amended boundary) 36A. Woodslee Primary 58A. Fender Primary School, School, Bromborough Woodchurch (amended 37A. Mendell Primary School, boundary) Bromborough (amended 59A. Woodchurch CE Primary boundary) School Field, Church 38A. Christ the King RC Lane Primary School, Eastham 60A. Great Meols Primary (amended boundary) School, Elwyn Road 39A. Raeburn Primary School, 61A. Kingsmead School, Bromborough (amended Hoylake (amended boundary) boundary) 40A. Brookhurst Primary 62A. West Kirby Grammar School, Bromborough School, Graham Road (amended boundary) 63A. St Bridget’s CE Primary 41A. Heygarth Primary School, West Kirby School, Eastham 64A. Hilbre High School 42A. South Wirral High Complex, West Kirby School, Eastham (amended boundary) (amended boundary) 65A. Calday Grammar School, 43A. Millfields Primary School, Gourley’s Lane Eastham (amended (amended boundary) boundary) 66A. Calday Grammar School, 44A. Castleway Primary Column Road (amended School, Leasowe boundary) 45A. Leasowe Primary School 67A. Irby Primary School, 46A. Claremount School, Coombe Road (amended Moreton (amended boundary) boundary) 68A. Pensby Park Primary 47A. Sacred Heart RC Primary School School, Moreton 69A. Ladymount RC Primary (amended boundary) School, Pensby 48A. Eastway Primary School, (amended boundary) Moreton 70A. Pensby Primary School, 49A. Sandbrook Primary Kylemore Drive School, Moreton (amended boundary)

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71A. St Peter’s CE Primary 73A. Barnston Primary School, Heswall School, Heswall (amended boundary) 74A. West Kirby Grammar 72A. Gayton Primary School, School, Meols Drive Heswall (amended boundary)

PROPOSAL RE7B – REASONED JUSTIFICATION

9.28E Policy RE7A states that school playing fields will be protected from development in accordance with Policy RE5A. Proposal RE7B identifies the school playing fields within the urban area to which Policy RE7A will be held to apply. School playing fields in the Green Belt will be protected from development under national Green Belt controls.

9.28F The list of Proposal RE7B sites includes the playing fields owned and operated by the Local Education Authority and the sports grounds and playing fields owned and operated by independent and private schools across the Borough. The objective of Proposal RE7B is to ensure that the potential of all school playing fields to meet wider community needs is fully considered before development is permitted.

Policy RE8A - Criteria for Artificial Turf and Other All Weather Surfaces Playing Pitches The Local Planning Authority will support the increased provision of artificial playing pitches surfaces, subject to Policy RE1A, but before granting consent for artificial sports pitches surfaces at sites already used for sport, will need to be satisfied that: (i) operational requirements arising from the increased use of the facilities, such as provision for parking, access and servicing, can still be adequately provided for within the curtilage of the site; and (ii) the impact of increased use of the pitch and facilities on neighbouring uses, in terms of noise or other disturbance, can still be contained within acceptable limits. Where the proposal involves the loss of existing grass pitches, the potential benefits arising from the artificial pitch surface will be balanced against the need to retain an adequate supply of grass pitches for competitive play.

POLICY RE8A - REASONED JUSTIFICATION

9.29A Artificial turf playing pitches and other all-weather surfaces are becoming an increasing feature of modern provision for sport and recreation. While they are already an essential requirement for some sports, such as top level hockey, they are capable of providing for a wide range of activities including training.

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9.30 Wirral has a number of all-weather pitches but there are only two now has six artificial turf pitches -one at Wirral Sports Centre in Bidston and another at the McAllester Memorial Playing Field in Oxton, used jointly by Birkenhead School and Oxton Hockey Club. Opportunities to exploit the advantages of such facilities are, therefore, severely limited and the Council is keen to promote additional provision in appropriate locations.

9.31 Synthetic surfaces allow for significantly increased levels of use. While this is an important benefit, especially where there is already a deficiency of pitches in an area, intensified use also has implications for planning requirements and on neighbouring uses. Hourly bookings typically lead to a far higher turnover of teams and players than conventional pitches normally generate, with a corresponding increase in traffic to and from the site and in the number of car parking spaces required. Policy RE8A, therefore, provides for these considerations to be taken into account and specifically provides for the protection of residential amenity, which is particularly sensitive to the impact of increased levels of use outside normal playing hours.

9.32 The need for grass pitches for competitive play will remain for most sports, even where modern artificial pitches are provided. Policy RE8A, therefore, seeks to balance the benefits of providing a synthetic pitch with the need to retain conventional playing surfaces. This balance will normally hinge upon the distribution and quality of playing pitches within an area. The loss of a good quality, well-used grass pitch will rarely be justified, but the replacement of a poor surface, or the provision of an artificial turf pitch where other grass pitches continue to be available locally, will be far more preferable.

Policy RE9A - Criteria for Floodlighting at Sports Facilities The Local Planning Authority, in assessing proposals for the provision of floodlighting at sports facilities, will have regard to: (i) the visual impact of lights, fences and pylons on the character of the neighbourhood; (ii) the impact of increased use of the site, especially outside normal daylight hours; (iii) the impact of night-time illumination on neighbouring uses, including wildlife, from light levels outside the main playing areas; and (iv) the impact on residential amenity. Planning permission will be subject to conditions related to hours of operation and the control of levels of illumination, including the output and intensity of lighting proposed and their horizontal and vertical setting. Floodlights will not be permitted in the Green Belt where existing levels of night- time illumination are low.

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POLICY RE9A - REASONED JUSTIFICATION

9.33 Floodlighting enables the use of sports facilities outside normal daylight hours, and, in the case of artificial pitches, often enables a level of use capable of justifying the initial level of capital investment. Floodlighting can, however, have a negative impact on adjacent uses and residential areas are particularly sensitive.

9.34 Lighting pylons can be visually intrusive and increased use outside normal daylight hours can introduce unacceptable disturbance to local residents at what would normally be quiet evening hours. The lights themselves can also cause glare and nuisance where they are too bright or poorly focused on the main playing area.

9.35 Policy RE9A, therefore, ensures that proposals to introduce floodlighting at sports venues will be subject to careful control, especially where they are located near residential property and recognised sites of importance for nocturnal and other wildlife.

9.35A Background lighting in the Green Belt is often very low and is rarely provided at the intensity required in more urban settings. Policy RE9A, therefore, seeks to protect areas of the Green Belt that would be particularly sensitive to the impact of high intensity lighting.

Policy RE10A - Criteria for Community Centres and Facilities Small scale, non-residential facilities providing for meeting rooms, sports halls, youth centres, play groups and other similar use by the local community, including medical services, libraries and places of worship, will be permitted within the Primarily Residential Area where: (i) the proposal, together with any associated outdoor facilities, would not cause unacceptable disturbance to neighbouring uses; (ii) the siting, scale and visual impact of the proposal is appropriate within the surrounding area; and (iii) adequate provision is made for parking, highway access and servicing requirements. Proposals for uses of a similar nature which are likely to generate a significant levels of traffic, number of trips which are intended to serve a wider than local catchment area, or which would give rise to a level of disturbance incompatible with a Primarily Residential Area will be directed towards urban commercial locations Birkenhead Town Centre and the centres listed in Proposal SH1D and to locations that are highly accessible by a choice of means of transport.

POLICY RE10A - REASONED JUSTIFICATION

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9.36A Wirral Borough Council has been actively establishing funds and operates a network of local play and community centres throughout the Borough. which are operated by the Leisure Services and Tourism Department but managed by the local community for use by local groups and clubs. The Wirral Leisure Strategy identifies areas where additional provision is planned. This includes centres to serve Overchurch in Upton, Rock Ferry, New Brighton, Claughton, Egerton, Heswall, Hoylake, Poulton, Tranmere and Wallasey. A requirement has also been identified for new branch libraries for Oxton/ Claughton and for Central Birkenhead and a need to relocate the Wallasey Central Library - requirements that have arisen from a review of current provision and from guidance issued by the Department for Education. A number of additional facilities are owned and managed by other organisations and groups for the benefit of the local community, including facilities such as day centres, medical services and places of worship.

9.37A While sites for these projects have not yet been identified, there is a need for planning criteria to guide their location. Policy RE10A, therefore, seeks to accommodate the need for any additional local community facilities and provides general criteria to govern their location. It specifically allows for small scale, multi-purpose facilities, which would only have a limited impact on neighbouring uses to be located within the Primarily Residential Area.

9.38A Policy RE10 will also apply to proposals of a similar scale and nature, which are expected to arise from the voluntary sector, such as proposals for new places of worship. Policy RE10 does, however, require that community uses of a Larger scale community uses, which would give rise to levels of disturbance unacceptable within a quiet residential setting, are located within directed to more commercial areas, such as those identified as being subject to Policy SH1A and Proposal SH1D, Policy SH2 or Policy SH6, in Section 16 of the UDP.

9.38B Some types of community facility, such as medical services and libraries, will also need to be subject to the sequential approach set out in Policy UR2A in Section 4 of the Plan. This is to ensure that uses likely to generate a significant number of trips will be located in the most accessible locations and will, wherever possible, contribute to the attractiveness, vitality and viability of the Borough’s existing centres.

Policy RE11 - Criteria for Children’s Play Facilities The Local Planning Authority will need to be satisfied that areas specifically intended to cater for children's play are appropriate in terms of their siting, scale and design. Proposals should in particular minimise the potential for disturbance to adjacent property, enable informal supervision from the surrounding area and provide for safe pedestrian access. Development proposals which involve the loss of an existing facility for children's play will be required to make appropriate replacement

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provision elsewhere within the locality, unless the facility was not previously available for use by the general public.

POLICY RE11 - REASONED JUSTIFICATION

9.39 Good provision for children's play is an important part of the Wirral Leisure Strategy. National planning policy also requires developers to provide suitable areas for children's play within the layout of proposals for new housing development. While Policy GR6 reinforces this general requirement for all new housing schemes above thirty-five units, it does not specify the precise form that this provision should take. Policy RE11, therefore, sets out the criteria that the Local Planning Authority will use in order to assess the acceptability of areas intended to provide for children's play.

9.40A Provision for children's play can comprise a mix of informal play space and more formal areas including play equipment and games areas. In both cases, the principal concern of the Local Planning Authority will be to secure a design and layout which will minimise the opportunity for nuisance or disturbance to neighbouring property while retaining adequate supervision from the surrounding area. This requirement comes from past experience, which indicates that the poor design of play areas in relation to the layout of adjacent property can often cause problems for residents arising from the subsequent abuse of the site, mainly by older children. These difficulties are heightened when play areas are located out of sight from main frontages and thoroughfares.

9.41 Policy RE11 also provides for the replacement of play areas and facilities which are lost as a result of a development proposal. In line with the intentions of the Wirral Leisure Strategy, it is important to retain a good and comprehensive network of sites for children's play, which is well co-ordinated with needs arising from the pattern of family housing development within the locality. The only exception is where play equipment was provided as an essentially private facility, such as on land associated with a public house or restaurant.

9.41A The Council’s more detailed standards for the provision of play equipment and games areas, for children up to 16 years of age, is set out in Supplementary Planning Guidance Note [xx]. The key requirements are for new facilities to be located away from back-land areas to the rear of residential property, in locations that cannot be adequately supervised, and for the edge of the main activity area to be at least 20 metres away from the nearest residential property boundary.

Proposal RE12 - Sites for New Children’s Play Equipment

Provision of children’s play equipment is required within the following public parks and open spaces: 1. Kings Parade Recreation Ground, New Brighton 2. Elleray Park, Wallasey 3. Holm Lane Recreation Ground, Oxton

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4. Walker Park, Prenton 5. Brackenwood Park, Bebington 6. Land at Noctorum Way, Noctorum Equipment will be provided at these sites subject to Policy RE11 and the availability of resources.

PROPOSAL RE12 - REASONED JUSTIFICATION

9.42 The Wirral Leisure Strategy identifies the sites listed above as priorities for the provision of new children’s playgrounds in order to fill gaps in the network of provision for formal children’s play. While the precise location for play equipment has not yet been identified, all the sites are major public parks and comply with the general requirements of Policy RE11. Play equipment will be provided within the UDP period, as resources become available.

Policy RE13 - Criteria for Sports Facilities in the Green Belt Proposals for outdoor sport and outdoor recreation will be permitted in the Green Belt where: (i) adequate provision has been made for highway access, and on- site car parking and servicing requirements; (ii) the level of traffic generated can be accommodated without requiring major alterations to rural roads; (iii) the visual impact of the proposals would not be intrusive within the local landscape and the openness of the Green Belt would be preserved; and (iv) the proposals would not cause unacceptable noise or other disturbance to neighbouring land-uses, including wildlife. With the exception of proposals involving the re-use of an existing building, associated buildings and structures will only be permitted where they are essential to the use proposed and where their siting, scale, design and external appearance are appropriate to the setting of the area. When granting planning consent the Local Planning Authority will, where necessary, apply conditions on the time and duration of use of the playing area and associated club facilities and other measures required to minimise the impact of the proposals on the rural environment.

POLICY RE13 - REASONED JUSTIFICATION

9.43 Policy RE13 is based upon the principle stated within Policy REC1 that provision for sport requiring major development is inappropriate outside the urban area. It also reflects national Green Belt controls, which restrict the use of land which it is necessary to keep permanently open. The use of land for outdoor sport is an appropriate use within the Green Belt. The objective of Policy RE13

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is, therefore, to ensure that such uses are designed and located in order to preserve the predominantly rural character of Wirral's Green Belt areas.

9.44 Policy RE13 indicates that new buildings and associated structures will only be allowed where they provide essential facilities directly related to the outdoor sport in question. This is often a matter that must be determined on a case by case basis, but excludes proposals for over-extensive facilities, which are beyond the scale required for normal club activities. Proposals are also required to be designed and located so as to respect the character of the surrounding area. Other controls contained within Policy RE13, therefore, relate to normal considerations of servicing and highway access, visual impact, and the protection of local amenity.

9.45 Policy RE13 in particular reserves the right of the Local Planning Authority to control the time and duration of use of the playing area as well as associated club facilities. Such controls will only be applied where appropriate but are often required in order to limit the potential for disturbance to local residents. This not only extends to the noise and traffic generated by periods of active competition but also to times when the use of club facilities may extend outside normal hours.

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10. TOURISM AND LEISURE

PART ONE POLICY

POLICY TLR1A - REASONED JUSTIFICATION

10.1A The Community Strategy for Wirral recognises that tourism is a substantial contributor to Wirral’s economy. A key aim is to improve the quality of life for people who live in, work in and visit Wirral through the provision of accessible, varied and sustainable cultural and leisure opportunities.

10.1B Tourism, culture and leisure can, in practice, cover a wide range of both formal and informal activities and attractions from art, sport, museums, libraries and theatres, to walking, bird watching, children’s play and more general quiet enjoyment and relaxation. The key factor should, however, be that all these activities are based on and compatible with a clear sense of place such as local geography, coast and countryside, history and heritage, cultural identity and diversity, and fit well with the overall character of the surrounding area.

10.1C Policy TLR1A seeks to set the strategic priorities for new tourism investment across the Borough, to provide the basis for the more specific policies and proposals in Part Two of the Plan. It deliberately seeks to direct new built development to the main urban areas, to further urban renaissance within the regional priority areas of Birkenhead and the North West Metropolitan Area and to revive the urban resorts of New Brighton, West Kirby and Hoylake.

10.1 Tourism is difficult to define. However, in this Section of the UDP it is taken to include proposals which fall outside the normal categories of sport, recreation or retail uses but which are nevertheless intended to cater for a substantial number

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of visitors from a wider than local catchment area and especially to proposals which are likely to attract visitors from outside the Borough.

10.2 The vast majority of visits to attractions in Wirral are for pleasure and are related to visits to friends and family. The predominant form of local tourism is, therefore, the day or half-day trip, for which the local catchment area has been estimated to include over two million people. It is particularly important that the quality of local attractions and their immediate environment is protected and enhanced if Wirral is to continue to attract visitors in significant numbers with the attendant benefits to the local economy.

10.3 National planning policy guidance encourages local planning authorities to indicate the broad location of areas where tourist activities are to be encouraged, expanded or restrained. Policy TLR1, therefore, sets out the strategic principles that the Local Planning Authority will use in order to guide future tourist-related investment. It also provides the basis for the more specific policies and proposals contained within Part Two of the UDP. In general terms, new tourist development will be directed towards the existing urban area and will be specifically encouraged in three main urban locations. While visitor facilities will not be excluded altogether from the Borough's more rural areas they are to be strictly controlled.

10.4 A concentration on urban tourism is largely dictated by the urban regeneration strategy outlined within the Secretary of State's Strategic Guidance for Merseyside but also arises from the nature and scale of much tourist activity. While the land-use planning problems generated by such uses are not necessarily any different from similar types of commercial-based development seeking to attract and accommodate large numbers of visitors, those involving a high proportion of new buildings are generally more suitable within urban locations. For similar reasons, such uses are also rarely suitable in residential areas and should normally be located with development of the same general nature and which will give rise to similar types of development impact.

10.5 Tourism has been identified as one of the fastest areas of travel growth. National planning policy now requires local planning authorities to ensure that major new attractions are located in order to be readily accessible to a full range of means of transport and not just to the private car. Such uses are, in these terms, clearly more suitable to existing urban locations in town centres and other locations already well served by public transport. Policy TLR1, therefore, specifically seeks to encourage and direct new tourist-related development and large scale visitor attractions to urban commercial areas.

10.6 Of the three types of area where tourist activity is to be promoted, New Brighton and West Kirby are already established coastal resorts attracting significant numbers of visitors from the Borough and from throughout the wider sub-region. Both are still popular but show signs of decline. This has in the past been more marked within New Brighton, and is directly reflected in the main core of the

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resort being designated within the area to be regenerated by the Merseyside Development Corporation. Environmental improvements and new development has already taken place but both resorts still require such initiatives to be continued and consolidated throughout the UDP period.

10.7 Birkenhead, with its historical associations, still retains an important role as a focus for visitors to the area. The central and commercial areas, outside the Primarily Residential Area, continue to be logical areas for new tourist development. They combine the benefits of a busy, town centre location with its existing attractions and well established provision for car parking and public transport. However, Wirral Waterfront now represents the "shop window" for tourism on Wirral.

10.8 Wirral Waterfront provides the entrance to Wirral for many visitors arriving on the Ferries at Woodside or Seacombe and is the area most directly viewed across the River from the Pier Head and from riverside routes in Liverpool. Facilities within this area can complement attractions in Liverpool and maximise the advantages of a well established tourist industry on the opposite bank of the Mersey. It, therefore, represents the area of greatest potential for tourism growth as part of the wider re-development of the area. This may also include other urban coastal areas and incorporate smaller scale projects, for example, along the frontage to Seacombe Promenade or at riverside sites in Bromborough and Eastham related to the Country Park and development projects within the Wirral International Business Park.

10.9A In contrast to the urban areas, building in the open countryside is to must be carefully controlled in accordance with national policies for the Green Belt. It is also recognised that The countryside is not an appropriate location for uses which are that would be more suitable within an urban area. Nevertheless, visits to the countryside are can be significant for local tourism and countryside-based recreation in particular is increasing in importance. Tourism can also provide for diversification in the rural economy and can be accommodated in so far as the scale, location and impact of such uses can be kept within acceptable limits.

10.10 The approach set out within Policy TLR1A is, therefore, also seeks to ensure that new uses are appropriate to the rural area in general and to the objectives of Green Belt designation in particular.

10.10A The Wirral Tourism Strategy was revised during 2003, to roll forward to 2015. The review concluded that the need in Wirral was not so much for new attractions as to make better use of existing assets such as the long, accessible and varied waterfront with its superb views. As the main targets are day visits, business tourism and short breaks, the emphasis of the Strategy is on providing a wide variety of attractive, populist leisure opportunities and on improving the overall recreational appeal of the Borough through targeted improvements at key sites.

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10.10B The new Strategy identifies five key Signature Projects:

· Wirral Waterside Way – a world class series of recreational opportunities along the waterfront for walking, cycling, riding, watersports, sailing and golf providing opportunities, linked by enhanced multi-user trails, as Wirral’s contribution to the Mersey Waterfront Regional Park;

· Birkenhead Quays and Historic Birkenhead – the promotion of a mixed- use waterfront development at Woodside and a “Bohemian Quarter” with a café culture, using the historic environment as a backdrop to a vibrant leisure offer;

· Brand New Brighton – the promotion of high quality, leisure orientated, mixed-use development with special attractor elements, possibly enhanced by an iconic attraction such as a huge statue of Poseidon;

· Open 2006 – using the return of the Open Golf Championship to revitalise the old Edwardian coastal resorts of Hoylake and West Kirby to improve the quality of the environment and the supporting facilities in the two towns; and

· Dee Estuary National Birdlife Park – upgrading Wirral Country Park to reflect the significance of the Dee Estuary as a world class wild fowl reserve and bird watching opportunity.

10.10C The Strategy also identifies a number of existing “jewels” that could benefit from “polishing”. These include:

· Leasowe Lighthouse; · Wallasey Town Hall; · Birkenhead Town Hall; · Williamson Museum and Art Gallery; · Historic Warships; · Lady Lever Art Gallery, Port Sunlight; Port Sunlight Visitor Centre; · Eastham Country Park; and · the Municipal Golf Courses at Arrowe Park, Brackenwood and Hoylake.

10.10D In terms of the potential to provide enhanced facilities along the coast, important “hubs” have been identified at Wirral Country Park Visitor Centre, West Kirby, Hoylake, Leasowe Common, Derby Pool, New Brighton, Seacombe Ferry, Woodside, Monks Ferry, Rock Ferry, New Ferry, and at Eastham Country Park. Many of these improvements will take place as part of the Mersey Waterfront Regional Park initiative, promoted by the North West Development Agency.

10.10E Liverpool’s successful bid to become the European Capital of Culture in 2008 will also provide additional opportunities to maximise the economic and social benefits of increased tourism to Wirral.

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Policy TL1A - The Protection of Urban Tourist Resources

Proposals which would prejudice the continued attractiveness of the following features for tourists and visitors or which would cause demonstrable harm to the special character of the resources and attractions outlined below will not be permitted: (i) the related dockland and heritage attractions of central Birkenhead such as Hamilton Square Conservation Area, Birkenhead Park Conservation Area, Birkenhead Priory, Shore Road Pumping Station and the Pacific Road Museum; (ii) the urban waterfront, Mersey Ferries and riverside walkways giving access to the shore and to views of the Mersey Estuary and the Liverpool skyline; (iii) the coastal resorts of New Brighton, West Kirby and Hoylake with coastal views and scenery, and facilities for coastal recreation and watersports; and (iv) Port Sunlight Village Conservation Area and the Lady Lever Art Gallery; and

(v)A the network of urban cycleways across the Borough.

POLICY TL1A - REASONED JUSTIFICATION

10.11 National planning policy guidance encourages local planning authorities to protect the tourist industry by ensuring that other land-uses are distributed in such a way that respects the qualities that underpin the tourist industry. Policy TL1A, therefore, identifies the features and facilities, falling within the urban areas of the Borough, which are most significant in terms of the continued attraction of tourists and other visitors to the area.

10.12A This includes not only the major historical or architectural features which form a prominent part of the fabric of urban tourism in Wirral but also includes the coast and its various associated attractions and facilities and the growing network of urban cycleways across the Borough. Policy TL1A not only seeks to ensure that the need to retain and enhance these distinctive characteristics is taken into account when considering future development proposals, but also seeks to ensure that their potential for tourism is fully recognised and, wherever possible, retained and maximised.

Policy TL2 - Criteria for Urban Tourism Within the urban area proposals for new tourist attractions, visitor facilities and other related uses will be permitted, subject to Policy TL1A, and where: (i) the siting, scale and external appearance of any buildings and/ or related structures is appropriate within the surrounding area;

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(ii) the proposals would not give rise to unacceptable levels of noise or other disturbance, particularly to areas of residential property; (iii) provision for car parking, access and servicing arrangements, including provision for buses and coaches where appropriate, is adequate in terms of the number of visitors expected to be attracted to the development and the availability of public transport facilities within the area; and (iv) the use proposed serves to enhance or complement existing tourist attractions and visitor facilities and is appropriate to the general character of the location. Where necessary, planning permission will be subject to conditions regulating the design and operation of the proposals in order to minimise their impact upon the surrounding area.

POLICY TL2 - REASONED JUSTIFICATION

10.13 Policy TLR1A states that new tourist facilities will normally be directed to existing built-up areas of the Borough. They are not, however, suitable in every location and Policy TL2, therefore, sets out the criteria that the Local Planning Authority will use in order to assess their appropriateness.

10.14 The Policy TL2 criteria are based upon whether the site would be suitable to accommodate the nature and scale of the use proposed in terms of both its operational requirements and its impact upon the surrounding area. In particular, they provide for the protection of residential amenity and allow the Local Planning Authority to control aspects of the operation of the site in order to achieve this objective.

10.15 In dealing with proposals for new tourist-related facilities and attractions under Policy TL2, special regard will be given to the capacity of local infrastructure to cope with the number of visitors expected, especially at peak periods when local highway and parking problems will be at their maximum. The Local Planning Authority will, in all cases, need to be satisfied that visitor numbers and related traffic can be accommodated without harm to the character of the surrounding area.

10.15A Some types of tourist and visitor facilities may also need to be subject to the sequential approach set out in Policy UR2A in Section 4 of the Plan. This is to ensure that uses likely to generate a significant number of trips will be located in the most accessible locations and will, wherever possible, contribute to the attractiveness, vitality and viability of the Borough’s existing centres.

Proposal TL3 - Land for Tourism Development at Wirral Waterfront

The following sites within the Wirral Waterfront redevelopment area are considered suitable locations for tourism projects as part of primarily mixed-use/ commercial development proposals, subject to Policy TL2 and Policy CO1 controlling development within the Coastal Zone:

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1. Land at Twelve Quays, Wallasey (Proposal EM3/1) and the associated dockland areas adjacent, subject to Policy CO3 2. Land at Monks Ferry, Tranmere, subject to Policy CH1 3. Land at the former Cammell Lairds shipyard, Tranmere (Proposal EM1), subject to Policy CO3 Proposals located in these areas should, wherever possible, be designed and located in order to be well-integrated within The Birkenhead Dockland Heritage Trail.

PROPOSAL TL3 - REASONED JUSTIFICATION

10.16 Wirral Waterfront is the riverside area between the Seacombe Ferry terminal and Monks Ferry in Tranmere, as delineated by Birkenhead Road, Tower Road, Canning Street, the Woodside Gyratory and Church Street in Birkenhead, but is also taken to include attractions in associated areas nearby, such as Hamilton Square Conservation Area. While predominantly allocated for employment uses, this zone has been identified within the Council's approved Tourist Development Strategy, since 1987, as an area where increased tourism should be promoted.

10.17 A number of schemes, such as at the Woodside and Seacombe Ferry Terminals including Woodside Visitor Centre and Seacombe Submarine, Shore Road Pumping Station, Birkenhead Priory, Egerton Lifting Bridge, HMS Onyx and Plymouth and the riverside walkways associated with new development at Scott's Field, Seacombe, Woodside Business Park and Monks Ferry/ Priory Wharf have already been implemented. Others such as the Pacific Road Museum and Heritage Tramway, Birkenhead Town Hall, and further work at Woodside Ferry are still being developed.

10.18 A number of other major redevelopment opportunities still exist within the Wirral Waterfront area. These now also incorporate the site of the former Cammell Lairds shipbuilding yard at Tranmere. Proposal TL3, therefore, recognises the importance that tourism projects may have in securing the wider regeneration of this area and provides for these further opportunities to expand tourist facilities within the area to be fully exploited.

10.19 However, while providing a necessary and complementary function, tourist projects should not be allowed to prejudice uses which are more clearly related to the primary allocation of these sites for employment use. Proposal TL3 does not allocate these sites exclusively for tourism. It only allows tourist related activities to be incorporated as part of mixed-use schemes for wider industrial, business and commercial purposes.

10.20 Existing tourist facilities within the Wirral Waterfront are linked by way of a dockland and heritage theme and are marketed as a series of attractions through the Birkenhead Dockland and Heritage Trail. It is important that the dockland heritage theme is retained and enhanced and that new projects are

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well integrated within the Trail in order to maximise the wider attractiveness of the area. Policy TL3, therefore, provides for new proposals, wherever possible, to be located and designed in order to maximise the cumulative benefits that arise from a series of linked attractions.

Proposal TL4A - Land for Tourism Development at New Brighton The following sites within New Brighton, as shown on the Proposals Map, are considered suitable for mixed-use, tourismleisure-related developments, subject to Policy TL2 and Policy CO1A controlling development within the Coastal Zone: 1. Site of the former open air swimming pool and the Marine Lake, Marine Promenade; 2. Fort Perch Rock and Rock Lighthouse, subject to Policy CH1; and 2. Land and buildings to the south of Marine Promenade. An element of retail development may be permitted, subject to Policy SH9A, where it can be demonstrated that it is essential to secure the comprehensive redevelopment of the resort as a significant leisure destination. Residential development at these sites will only be considered as part of a mixed-use proposal and where it can be demonstrated that it is necessary to support the development of tourist, leisure and entertainment uses and that an appropriate residential environment will be created and secured.

PROPOSAL TL4A - REASONED JUSTIFICATION

10.21A A number of strategies have been prepared in the past for the restoration of New Brighton as a major day-trip destination within Merseyside. The core of the resort now falls within the area of the Merseyside Development Corporation and is the subject of a revised New Brighton Area Strategy for the renewal of the area. As a result of this The latest initiative, a comprehensive programme of environmental improvements and redevelopment has been undertaken by the Merseyside Development Corporation during the early 1990’s, within the main retail and commercial area and along the coastal strip again failed to attract any new major tourist-related development.

10.21B It has now been concluded that the future of New Brighton must be based around a sensible programme of mixed-use development that will largely rely on local people for its economic sustainability. To this end, the Council has been in negotiation with a local developer to bring forward the type of development that will be both economically viable and that will serve as a catalyst to bring a larger number of visitors back to New Brighton on a regular basis. The proposals, which have already been subject to public consultation, include a mix of retail, leisure and residential development, the extension and refurbishment of the Floral Pavilion Theatre, and the possible re-construction of the New Brighton Pier.

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10.21C An outline planning application is likely to be submitted towards the middle of 2004 and will focus new development on the land owned by the Council along the waterfront to the east of Rowson Street. The planning application will be accompanied by a master plan for the area, and will include formal statements on urban design and the potential economic, regeneration, environmental, and transport impacts of the scheme. The scheme will also be subject to a separate legal agreement with the developer based upon the Council’s existing land interests. The application must also be referred to the Secretary of State before any approval can be granted.

10.22 Further improvements are planned but it is widely recognised that major tourist development still needs to be attracted if the future of the resort is to be secured. Policy TL4, therefore, formally allocates those sites already identified within the New Brighton Area Strategy as sites providing major opportunities for new tourist-related development or as part of proposals for mixed-use development schemes.

10.23 Allocations include the site of the former open air swimming pool, which would be suitable for a major recreational and entertainment complex; the historic fort at Perch Rock, which will be primarily subject to listed building controls set out within Policy CH1; and the redevelopment of the land and buildings fronting the promenade. These allocations reflect the wider objective of focusing tourist projects to the waterfront area north of Virginia Road and away from the main residential and retail areas beyond.

Policy TL5A - The Control of Tourism in West Kirby and Hoylake Proposals for new small scale tourist attractions and related facilities will be limited to permitted in the following locations, subject to Policy TL2; (i)A the commercial and retail core of West Kirby, shown on the Proposals Map as subject to Policy SH1 and Policy SH6 Proposal SH1D; and to (ii)A along the urban coastal frontage between Dee Lane and Sandy Lane, West Kirby, subject to Policy TL2 the continued protection of land designated as Urban Greenspace under Proposal GR2; (iii)A the commercial and retail core of Hoylake, shown on the Proposals Map as subject to Proposal SH1D; and (iv)A along the urban coastal frontage between The King’s Gap and Bennett’s Lane, Hoylake, subject to the continued protection of land designated as Urban Greenspace under Proposal GR2. Development along urban coastal frontages will only be permitted where it can be demonstrated that it would not be possible or appropriate to provide the facilities proposed within the adjacent town or district centre and subject to Policy CO1A controlling development within the Coastal Zone.

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POLICY TL5A - REASONED JUSTIFICATION

10.23A The resorts of West Kirby and Hoylake have come to heightened prominence since the announcement that the Open Golf Championship was to return to the Royal Liverpool Golf Course in 2006. The return of the tournament has been made possible by the purchase of additional land at the former Leas School at Meols Drive and has already led to increased developer interest within the surrounding area. The Council is currently consulting on a strategy to revitalise the public realm in preparation for the influx of visitors to the area.

10.24A West Kirby with its beaches, sand dunes, marine lake, sailing club, retail area and public facilities within the West Kirby Concourse is already an established location for a day or half-day trip to the coast by car, bus or rail. Hoylake, with its sea views, long promenade, sailing club and other coastal recreation facilities including Queens Park is also an established visitor destination. It is Both are identified within Policy TLR1A as an areas where tourism development will be encouraged.

10.25A However, Not all areas of the resorts are suitable for accommodating tourist activities. Policy TL5A, therefore, aims to only direct new proposals only to those areas which have traditionally been recognised as being the focus for public activities, forming part of the resort itself as opposed to the surrounding Primarily Residential Areas where around which it has become established. This, therefore, includes the primarily retail area identified on the Proposals Map under Policy SH1, the Primarily Commercial Area identified under Policy SH6 and the main seafront area overlooking the Marine Lake between Dee Lane and Sandy Lane. development outside these areas will continue to be regulated in accordance with Policy HS15.

Policy TL6A - The Control of Tourism in Port Sunlight

Proposals for new tourist-related development and associated visitor facilities will be primarily regulated in accordance with controls set out within Conservation Area Policy CH9, subject to Policy TL2. Special consideration will be given to protecting and improving the setting to the Lady Lever Art Gallery.

POLICY TL6A - REASONED JUSTIFICATION

10.26 Port Sunlight is a Conservation Area of outstanding historic and architectural interest and represents an innovative, planned industrial village built during the late nineteenth and early twentieth centuries by William Lever in order to accommodate workers at his nearby soap and chemical works. Together with its formal layout and "garden" setting, the village is a tourist attraction in its own right.

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10.27A The Port Sunlight Village Trust has recently been awarded Heritage Lottery Grant to upgrade and re-locate the Port Sunlight Heritage Centre to the old social club at Windy Bank, opposite the Lady Lever Art Gallery. Planning permission for the change of use and listed building consent for the alterations to the building were granted in December 2002. Wirral Borough Council, in partnership with UML Ltd, has recently discussed a proposal to develop a new interpretative and educational centre for visitors to the village in order to replace and enhance the facilities offered by the existing Heritage Centre. While negotiations have not yet been brought to a conclusion, the prospect of providing such a facility remains a possibility.

10.28 The Local Planning Authority considers that other proposals for developing tourist-related facilities may also reasonably be expected to come forward during the UDP period. Policy TL6A therefore states, for the purpose of clarity, that when considering any new development for tourist activities within Port Sunlight the Local Planning Authority will continue to give priority to the principles set out within Conservation Area Policy CH9.

10.28A The Lady Lever Art Gallery is identified in the Wirral Tourism Strategy as a “jewel” that needs “polishing”. Policy TL6A, therefore, indicates that special attention will be given to the protecting the setting of the building.

Policy TL7A - Criteria for Hotels and Guest Houses Subject to Policy TL2, Proposals for hotels and guest houses providing overnight accommodation without facilities for non-residents, will be permitted within the Primarily Residential Area, subject to Policy TL2 and Policy HS15. Proposals incorporating conference, restaurant, night club and other related sports or leisure facilities available to the visiting public, will only be considered suitable within urban commercial locations in or around Birkenhead Town Centre and the centres listed under Proposal SH1D or within the Primarily Industrial Area. Hotel proposals will only be considered within the Primarily Industrial Area where it can be demonstrated that suitable land or buildings are not available within or around Birkenhead Town Centre or a centre listed in Proposal SH1D and the development will be highly accessible by a choice of means of transport.

POLICY TL7A - REASONED JUSTIFICATION

10.29 Policy TLR1 provides the general background for the location of all new tourist facilities throughout Wirral. The provision of suitable visitor accommodation is an essential aspect in the promotion of longer stay tourism and new bedroom accommodation should, wherever possible, be directly co-ordinated with the wider promotion of tourism. Policy TLR1 will, therefore, also be held to apply to new proposals to provide for overnight accommodation for visitors to the Borough.

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10.29A The hotel sector in Wirral is currently dominated by small independent 3 star hotels. There is one large, chain-operated 3 star hotel and only one medium sized independent 4 star hotel. The leading national budget hotel brands are also represented and account for up to a quarter of the available hotel bedrooms. A number of 4 star hotels in nearby Ellesmere Port and Neston also compete for Wirral’s conference, wedding and business trade.

10.29B The Council estimates that there may be potential capacity for between 90 and 150 new hotel bedrooms in Wirral during the five years to 2008. Between 40 to 80 new bedrooms could be provided in 3 or 4 star hotels and between 50 to 70 bedrooms in new budget accommodation. While Birkenhead would be the preferred location for a new budget hotel, in terms of operator requirements, alternative proposals are expected to come forward in other locations. The Council has also been exploring the possibility of attracting an operator to Hoylake as part of the Open 2006 programme.

10.29C The scale and nature of the proposal, the character of the surrounding area, the impact on travel patterns, as well as any potential regeneration benefits, will continue to be key considerations, in addition to operator preferences. Policy TL7A, therefore, seeks to guide new investment to the most suitable locations.

10.30A Policy TL7 provides more specific criteria related to the differing scale and nature of provision for use by overnight visitors. Guest houses typically provide a room for short stay accommodation only and hotels generally provide a room together with some additional facilities for staying guests. Subject to the normal safeguards set out within Policy TL2 or Policy TL10, as appropriate, such uses can normally be acceptable within a residential setting.

10.31 However, this is not the case with proposals which, while still providing an element of overnight accommodation, also provide additional facilities for use by the visiting public. The scale and nature of such facilities, in terms of the number and turnover of visitors and levels of activity and noise generated at otherwise unsociable hours, means that such uses are normally unsuitable within residential locations. Policy TL7A, therefore, restricts such uses to urban commercial locations.

10.31A Hotel proposals in the Green Belt will continue to be regulated by national Green Belt controls.

Proposal TL8 - Land at the Former Derby Pool, New Brighton

Land adjacent to the site of the former Derby Pool, Harrison Drive, is considered suitable for the development of an hotel or restaurant, subject to all the following requirements being met:

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(i) buildings should be located towards the western part of the site, should be no more than two storeys in height and be designed so as to reduce the visual impact of the development, especially when viewed from Kings Parade and Bayswater Road; (ii) public access to Leasowe embankment and North Wirral Coastal Park must be retained; (iii) the grassed picnic area to the west of the site must be retained open for use by the general public for open air recreation.

PROPOSAL TL8 - REASONED JUSTIFICATION

10.32 The site of the car park adjacent to the former Derby Pool has been identified as suitable for an hotel or restaurant for a number of years and could also provide additional facilities for visitors to the North Wirral Coastal Park adjacent. As the site is close to the crest of a hill, particular attention needs to be given to the visual impact of any development proposed and this is specifically provided for within Proposal TL8. Proposal TL8 also seeks to preserve the benefits to the local community of access to the coast and to the recreational facilities of the Coastal Park.

10.33 Development at this site should respect the need to protect nature conservation interests on adjacent land subject to Policy NC3 and Policy NC5 which can be found in Section 13 of the UDP.

Policy TL9A - The Protection of Rural Tourist Attractions and Resources

The following features form part of the Borough's special attractiveness for tourism, based upon the quiet enjoyment of the Wirral coast, landscape and open countryside. Proposals which would prejudice the continued attractiveness of these features for tourists and visitors or which would cause demonstrable harm to the special character of the resources and attractions outlined below will not be permitted: (i) historic, rural villages including Barnston, Brimstage, Frankby, Landican, Raby, Storeton, Thurstaston and Thornton Hough; (ii) Areas of Special Landscape Value; (ii)A country parks including Arrowe Park; Brotherton Park and Dibbinsdale Local Nature Reserve; Eastham Country Park; North Wirral Coastal Park; Royden Park and Thurstaston Common; Wirral Country Park; (iii) areas of undeveloped coastline and coastal habitat with coastal walks, views and scenery in north and west Wirral; and (iv) the network of rural rights of way and cycleways linking rural villages and attractions such as country parks and areas of importance for landscape and nature conservation.

POLICY TL9A - REASONED JUSTIFICATION

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10.34 National planning policy guidance encourages local planning authorities to protect the tourist industry by ensuring that other land uses are distributed in such a way that respects the qualities that underpin the tourist industry. Policy TL9A, therefore, identifies characteristic features within the Borough's rural areas, which are most significant in terms of the continued attraction of tourists and other visitors to the area.

10.35 These include quiet rural villages, areas of special landscape quality and unspoilt coastline, as well as the network of footpaths, country parks and areas of interest for nature conservation. Policy TL9A seeks to ensure that the need to retain and enhance these distinctive characteristics is fully taken into account when considering new development within rural areas of the Borough and that new proposals are designed, located and managed in order to protect their potential for tourism.

Policy TL10 - Criteria for Tourism Development in the Green Belt

Proposals for tourist attractions and visitor facilities within the Green Belt will be permitted, subject to Policy TL9A, and where: (i) the nature and scale of the proposals are appropriate to the setting and character of the surrounding area; (ii) the visual impact of the proposals, including the impact of related outdoor uses and facilities, is acceptable within the local landscape; (iii) adequate provision has been made for highway access and on- site car parking and servicing requirements; (iv) the likely number of visitors and the level of traffic likely to be generated along rural roads can be accommodated without major alteration to local infrastructure; and (v) the proposals would not cause unacceptable disturbance to neighbouring property and land-uses, including wildlife; (vi) the proposals would be accommodated within an existing building or would otherwise preserve the openness of the Green Belt. Where necessary, planning permission will be subject to conditions regulating the scale and location of the proposals, the provision of landscaping, traffic and visitor management measures and hours of operation.

POLICY TL10 - REASONED JUSTIFICATION

10.36 Policy TLR1 provides for new tourist facilities and attractions located outside the urban area to be restricted to uses which are appropriate to a rural area and which are directly related to an existing countryside feature or attraction. Policy TL10, therefore, sets out the more detailed development control criteria that will be used to regulate proposals for such uses within the Green Belt.

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10.37 The objective of Policy TL10 is to ensure that proposals, otherwise appropriate under national Green Belt controls, are designed, located and operated in order to preserve the predominantly rural character of Wirral's Green Belt. The criteria contained within Policy TL10 are, therefore, primarily related to regulating the scale and impact of proposals upon the surrounding area.

10.38 A major concern in regard to new proposals for tourist facilities and attractions is the ability of the local area, including local infrastructure, to absorb increased visitor numbers particularly at peak periods. This may, in some cases, also include the capacity of the local highway network leading to the site. In accordance with Policy TL9A, proposals which would involve major alteration to the character of Wirral's rural areas should normally be avoided and these requirements are, therefore, re-iterated within Policy TL10.

Policy TL11 - Development at Countryside Recreation Sites

The re-use of existing buildings and the construction of small scale visitor facilities for countryside recreation will be permitted within the following areas, shown on the Proposals Map, subject to: the need to preserve the openness of the Green Belt; protect and enhance natural beauty, landscape character and features of importance for nature conservation; and the need to prevent over-intensive use and disturbance to neighbouring land-uses: 1. Arrowe Park 2. Royden Park 3. North Wirral Coastal Park 4. Eastham Country Park 5. Wirral Country Park and The Wirral Way

POLICY TL11 - REASONED JUSTIFICATION

10.39A The sites listed under Policy TL11 are identified within the Wirral Countryside Recreation Strategy, which was prepared by the Council's Leisure Services and Tourism Department and approved in 1990. They are already established locations for countryside recreation and cater for an increasing number of visitors and range of pursuits. All require visitor facilities to be expanded, upgraded or enhanced and are also the subject of detailed management plans prepared and implemented by the Leisure Services and Tourism Department. None is considered suitable for major tourist development.

10.40 Some areas, such as Eastham Country Park and the facilities within Wirral Country Park at Thurstaston, are already close to their capacity in terms of their ability to cater for increased levels of use. New attractions likely to lead to a further increase in the number of visitors should, therefore, be restricted in these locations. Others, however, such as at Arrowe Park, Royden Park and at the North Wirral Coastal Park, retain scope for an expansion of activity. Consistent with the Wirral Countryside Recreation Strategy, new facilities at these locations may be able to redirect visitor pressure away from areas where visitor pressure

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is beginning to cause problems as well as broaden and enhance local recreational opportunities.

10.41 Policy TL11 is intended to ensure that an incremental improvement to visitor facilities is continued throughout the UDP period, but without harming the special features and distinctive characteristics of each site. New development is, therefore, primarily restricted to the re-use of existing buildings and, where necessary, to the provision of other small scale facilities. It also includes criteria to ensure that new development is sensitively located, not only in terms of protecting the intrinsic value of the Parks themselves but also in terms of the impact on adjacent land and property.

Proposal TL12 - North Wirral Coastal Park Visitor Centre

Land and buildings at Leasowe Lighthouse are allocated for the development of a visitor centre for North Wirral Coastal Park.

POLICY TL12 - REASONED JUSTIFICATION

10.42A The Leasowe Lighthouse and Leasowe Common area is one of the busiest areas of the North Wirral Coastal Park. It has been identified as a “jewel” in the Wirral Tourism Strategy and within the Wirral Countryside Recreation Strategy as an area where the provision of additional visitor facilities and information should be targeted.

10.43A Leasowe Lighthouse is a major landmark within the Coastal Park and since refurbishment in 1987, has become a popular attraction for visitors to the north Wirral coast. It is now, therefore, proposed to incorporate a visitor centre as part of a further phase of refurbishment, allied to new outbuildings required to provide a Rangers office, toilet, kitchen and small classroom/ lecture area. The project is within the Council's approved capital programme and is, therefore, provided for within Proposal TL12.

Proposal TL13 - Camp Site Amenity Block, Royden Park

Land at Royden Park, Frankby is allocated for the development of amenity and washroom facilities for visitors to the new camping area set aside within the Park.

PROPOSAL TL13 - REASONED JUSTIFICATION

10.44 In 1988, a new camping field was established at Royden Park to relieve pressure on the camping facilities at Thurstaston Country Park. This new provision, specifically intended for use by organised groups and parties, has proved extremely popular. However, on-site facilities are of a poor standard for this level of demand and campers currently have to cross a road to use the public toilets also used by other visitors to the Park. A need to provide toilets and

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showers for use by campers alone, with further provision for disabled campers, has therefore been recognised.

10.45 The project is within the Council's approved capital programme and is, therefore, provided for within Proposal TL13.

Proposal TL13A – Wirral Country Park Visitor Centre

Land and buildings at Wirral Country Park Visitor Centre are allocated for the development of a visitor centre for the Dee Estuary, subject to Policy TL11.

PROPOSAL TL13A – REASONED JUSTIFICATION

10.45A The former railway station, at Station Road, Thurstaston, has been a magnet for visitors since it was developed as a visitor centre by Cheshire County Council during 197[x]. The mix of related facilities, including the shops, car parks, camp site, caravan parks, sailing club, collection of open fields and ponds with views across the Dee to Wales and public access to the coastline, continues to makes the area an ideal focus for tourism.

10.45B The Wirral Tourism Strategy has identified the area as a key “hub” for coastal recreation with potential for the centre’s role to be widened to become a visitor centre for the Dee Estuary as a whole. Improvements to the centre will need to be linked to the improvements planned to the road junction between Station Road and Telegraph Road.

Policy TL14 - Protecting and Extending Public Rights of Way

The Local Planning Authority will have special regard to protecting the character of rural rights of way and will seek to enhance and extend the network of public rights of way where new routes are required in order to; (i) redirect visitor pressure away from sensitive areas for agriculture or nature conservation; (ii) retain or improve access to features of importance such as historic settlements, countryside recreation facilities or scenic viewpoints; or (iii) provide missing links in the existing network of public rights of way. New routes, to be made available in the first instance on a permissive or informal basis, may be sought by means of legal agreement or, where appropriate, as a condition of planning consent.

POLICY TL14 - REASONED JUSTIFICATION

10.46 The network of public rights of way, especially within the Borough's rural areas, is a popular and valuable asset for tourism and countryside recreation. It is the

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subject of a separate Rights of Way Strategy for Wirral prepared by the Council’s Leisure Services and Tourism Department. The Strategy sets out a series of targets for the management and maintenance of rights of way throughout the Borough and forms the basis for an Action Plan setting out priorities for the development of rights of way in Wirral. The role of the UDP, however, is more limited.

10.47 The definition, closure and diversion of statutory rights of way are primarily subject to statutory procedures falling outside the Town and Country Planning Acts. Nevertheless, the planning system can still play a role in regulating the impact of new development upon existing rights of way and, where appropriate, can promote the establishment of new routes. Policy TL14, therefore, sets out the approach that the Local Planning Authority will adopt when considering development likely to affect an existing right of way and when considering the need for new routes to be established.

10.48 Policy TL14 does not require rights of way with statutory status to be imposed upon applicants. It only allows for permissive routes to be negotiated. However, whether such routes are to be the subject of planning condition or voluntary agreement will depend upon the circumstances in which they are required. For example, new routes provided in order to satisfy Policy AG1, which can be found in Section 12 of the UDP, or Policy NC3, which can be found in Section 13, will normally be required by means of condition or legal agreement, whereas routes provided in order to promote the wider enjoyment of the countryside will normally be subject to voluntary negotiation in accordance with the objectives of the Rights of Way Strategy for Wirral.

10.49 The need for a new route will also largely depend upon the location and scale of the proposal involved. Extensive open land-uses, such as golf courses or other uses which would otherwise introduce a significant barrier to public movement throughout the countryside, will normally always be required to make adequate alternative provision for public rights of way.

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11. HERITAGE AND CONSERVATION

PART ONE POLICY

POLICY CHO1 - THE PROTECTION OF HERITAGE IN CONSIDERING ALL DEVELOPMENT PROPOSALS THE LOCAL PLANNING AUTHORITY WILL PAY PARTICULAR ATTENTION TO THE PROTECTION OF: (i) BUILDINGS, STRUCTURES AND OTHER FEATURES OF RECOGNISED ARCHITECTURAL OR HISTORIC IMPORTANCE; (ii) HISTORIC AREAS OF DISTINCTIVE QUALITY AND CHARACTER; AND (iii) IMPORTANT ARCHAEOLOGICAL SITES AND MONUMENTS. PROPOSALS WHICH WOULD SIGNIFICANTLY PREJUDICE THESE OBJECTIVES WILL NOT BE PERMITTED.

POLICY CHO1 - REASONED JUSTIFICATION

11.1 The need for new development must be seen alongside the high priority to be given to conserving Wirral's built and archaeological heritage and the need to protect areas of special environmental quality. Conservation Areas, Listed Buildings, Scheduled Ancient Monuments and other archaeological sites all represent important landmarks throughout the Borough which directly contribute to the wider character of the area. They are worthy of special protection in their own right.

11.2 Such heritage is vulnerable to change. Once lost or altered it cannot be adequately replaced and it is important that the most valuable sites and structures are not needlessly or thoughtlessly destroyed. Policy CHO1, therefore, specifically provides for the best examples of Wirral's cultural heritage to be preserved and seeks to ensure that the case for preservation is fully considered when assessing all proposals for new development

Policy CH1 - Development Affecting Listed Buildings and Structures

Development likely to affect a building or structure listed under Section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 will be permitted where: (i) the proposals are of a nature and scale appropriate to retaining the character and design of the building or structure and its setting; and (ii) adequate provision is made for the preservation of the special architectural or historic features of the building or structure. When granting consent, special regard will be given to matters of detailed design, to the nature, quality and type of materials proposed to be used, and to the need for the alteration or development proposed, in terms of securing the viable, long-term future of the building or structure.

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POLICY CH1 - REASONED JUSTIFICATION

11.3A Listed Buildings are buildings recognised to possess special architectural or historic interest, which it is especially desirable to preserve. They are formally "Listed" under a national registration scheme approved by the Secretary of State for National Heritage. Wirral has over 1,600 approximately 1,800 such buildings or structures. Ten list entries are of Grade 1 or outstanding interest, eighteen of Grade II*, and another six hundred and fifty four are listed as Grade II. Once "Listed" a building is subject to additional controls, beyond normal planning powers, which are designed to ensure that the structure and character of the buildings are not altered without specific written consent.

11.4 The Local Planning Authority are under a legal duty to pay special regard to the desirability of preserving a Listed Building and its setting, as well as any of the features of special or historic interest that it may possess. Policy CH1, therefore, sets out criteria by which development affecting a Listed Building or structure will be assessed. The objective of Policy CH1 is to ensure that development will only be permitted where its nature and scale are consistent with retaining an appropriate setting for the building and are compatible with retaining its historic or architectural interest.

11.5 Policy CH1 also indicates the matters to which the Local Planning Authority will pay special regard when granting planning consent. These primarily relate to measures which are required in order to ensure that any new development will be in keeping with the fabric and setting of the building, but also relate to practical considerations related to the effective preservation of the building in the longer term. As the key to the effective preservation of many Listed Buildings is to keep them in active use, Policy CH1 provides for instances where the changes or alterations proposed are necessary or desirable in order to secure an appropriate and viable long-term use for the building.

Policy CH2 - Development Affecting Conservation Areas

Development located within, adjacent to, or otherwise affecting the setting or special character of a Conservation Area, will be permitted where the visual and operational impact of the proposals can be demonstrated to preserve or enhance: (i) the distinctive characteristics of the Area, including important views into and out of the designated Area; (ii) the general design and layout of the Area, including the relationship between its buildings, structures, trees and characteristic open spaces; and (iii) the character and setting of period buildings and other elements which make a positive contribution to the appearance and special character of the Area.

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When granting consent, special regard will be given to matters of detailed design, especially within main frontages and prominent elevations, and to the nature, quality and type of materials proposed to be used.

POLICY CH2 - REASONED JUSTIFICATION

11.6 Conservation Areas are identified and designated by the Local Planning Authority as areas which have special architectural or historic interest. Designation places the Local Planning Authority under a duty to formulate proposals for their preservation and enhancement and, in deciding planning applications, to pay special attention to the desirability of preserving or enhancing the character or appearance of the Area. It also enables the Local Planning Authority to operate additional controls over demolition, permitted development, trees and other damaging alterations.

11.7 The primary means of securing the objectives of designation is, however, by guiding the form and location of new development. This should control damage or erosion to features which are recognised as giving the Area its special character and should provide for new development in order to enhance those areas which currently detract from its overall appearance. Policy CH2, therefore, identifies, in general terms, those aspects which are most likely to define or constitute "special character" and which the Local Planning Authority will normally be most concerned to preserve and enhance.

11.8 Policy CH2 also specifically extends planning control beyond the immediate boundary of the designated Area to include the "setting" of the Conservation Area. This will, in particular, be taken to include proposals within the immediate locality or street scene which form a part of important views into or out of the Area or which because of their nature or scale would have a direct effect on the character and environment of the designated zone.

11.9 The features of greatest significance within each individual Conservation Area are set out within Policies CH4 to CH23 below, and additional background information is contained within Supplementary Guidance Notes 18 to 37.

Policy CH3 - Demolition Control within Conservation Areas

The demolition of buildings or structures within a designated Conservation Area, other than Listed Buildings or structures, will only be permitted where: (i) the building or structure to be removed has little historic importance, visual merit or group value, or otherwise detracts from the special character of the Area; and (ii) detailed plans for redevelopment have been approved by the Local Planning Authority and would serve to enhance the character of the Area.

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POLICY CH3 - REASONED JUSTIFICATION

11.10 Demolition can often leave discordant gaps in the local townscape and, where undertaken prematurely, can lead to unsightly areas of neglected land which may persist over a long period of time. This is especially detrimental within Conservation Areas. For this reason, special controls exist for the Local Planning Authority to regulate demolition within the designated Area in order to refuse it or mitigate its impact. These controls relate only to non-listed buildings, as separate legal provisions apply to the demolition of Listed Buildings or structures.

11.11 Despite their limited value in architectural terms, non-listed buildings can often make an important contribution to the character of a Conservation Area and to the setting of any Listed Buildings within them. This is especially the case where they relate well in style, scale, age, materials and layout to other buildings of importance within the Area and where they help form part of characteristic views into or out of the designated Area.

11.12 In general terms, demolition will only be acceptable where the premises or structures involved have little or no merit in terms of their contribution to the history, character or appearance of the Conservation Area concerned. The Local Planning Authority will, however, normally encourage proposals to develop or replace buildings or areas which are out of harmony with the wider character of the Area, providing those proposals are carefully designed in order to enhance the overall appearance of the Conservation Area.

11.13 Demolition required under these circumstances will normally be approved. However, Policy CH3 specifically guards against the premature loss of a building by ensuring that demolition is only permitted where directly related to plans for redevelopment or site treatment which are acceptable to the wider objectives of Conservation Area control.

Policy CH4 - Bidston Village Conservation Area

In relation to Bidston Village Conservation Area the principal planning objectives for the area will be to: (i) preserve the rural character of the historic village and the visual separation of the village from the modern, built-up areas nearby; (ii) retain the character, scale and setting of remaining agricultural buildings and cottages; (iii) preserve unifying features of design, such as window treatments, stone parapets, gabled entrance porches, the mix between brick and stone as building materials, and stone boundary walls; and (iv) retain tree-belts on the lower slopes of Bidston Hill behind Bidston Hall, and on land between Lennox Lane and Bidston Village Road.

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Priority will be given to retaining primarily rural land-uses within the precincts of Church Farm, Ivy Farm, Yew Tree Farm and Bidston Hall Farm, and to retaining the open aspect of land between Boundary Road and Bidston Hall, and at the junction of Lennox Lane and Bidston Village Road.

POLICY CH4 - REASONED JUSTIFICATION

11.14 Bidston Village Conservation Area was designated in 1972 and was the first Conservation Area to be designated within the Borough. Its boundaries are principally drawn around the original linear settlement but also includes areas of open land and woodland which provide an important separation between the village and the areas of modern development nearby.

11.15 The village is early medieval in origin and was the ancient parochial centre for a wide area stretching as far as Moreton, Saughall Massie and Claughton. However, today the village retains the character and appearance of a traditional rural English village. This character principally derives from buildings such as St. Oswald's Church, and the collection and design of modest cottages, and farmhouses, with their associated outbuildings and paddock areas.

11.16 The objective of Policy CH4 is to preserve features which contribute towards the distinctive historic character of the village, reinforce the sense of separation between the village and the surrounding area, and which retain the agricultural character and setting of former farm buildings to the north and south of Bidston Village Road. This includes the preservation of predominantly rural land-uses within the remaining areas of open land.

Policy CH5 - Hamilton Square Conservation Area

In relation to Hamilton Square Conservation Area the principal planning objectives for the area will be to: (i) preserve the historic character, formal setting and sense of enclosure within the central square; (ii) retain the unity of design and elevational treatment of buildings overlooking the central gardens; (iii) preserve the wider visual setting of the Square by controlling the design and scale of new buildings located outside but visible from the central square; and (iv) secure renewed economic, residential and leisure activity within the Area. Notwithstanding the designation of the site as Urban Greenspace under Proposal GR2, priority will be given to retaining the historic and formal character of the central garden area.

POLICY CH5 - REASONED JUSTIFICATION

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11.17 Hamilton Square Conservation Area was designated in July 1977 and extended in June 1994. It contains the largest, Grade 1 Listed, Victorian square outside London and has major significance for the historical development of Wirral. It represents one of the first residential areas for businessmen and the professional classes to be built in the newly formed town of Birkenhead, following the introduction of steam ferries across the River Mersey.

11.18 The Area still forms the primary focus for the commercial office centre of Birkenhead and is also a focus for urban tourism together with other nearby attractions allied to the Birkenhead Heritage Trail. However, the future prosperity of the Area relies upon the continued promotion of a strongly proactive, mixed land-use strategy. This strategy has been confirmed by the allocation of Single Regeneration Budget resources for the period 1995 to 2002 to the Hamilton Quarter.

11.19 The principal character of the Area derives from the grand scale of the architecture, the sense of enclosure and the general uniformity of design and elevational treatment throughout the central square. The objective of Policy CH5 is, therefore, to preserve these elements in the design and appearance of the Square and to retain the open aspect and formal arrangement of the central garden area.

11.20 The boundary of the Conservation Area includes period property along Argyle Street, Hamilton Street and Market Street which provide an important and complementary "visual envelope" to the main Square. However, this boundary does not include all the buildings or land which have potential to detract from its wider visual setting. Policy CH5, therefore, requires all new development located outside but visible from the central Square to be of a scale and design appropriate to maintaining the Area's historic character.

Policy CH6 - Birkenhead Park Conservation Area

In relation to Birkenhead Park Conservation Area the principal planning objectives for the area will be to: (i) preserve the character and appearance of an extensive Victorian public park; (ii) preserve unifying features of design, such as gate piers, boundary fences and stone walls, and the nature and extent of landscaping throughout the Area; and (iii) restrict the non-residential use of existing buildings within the Area, unless a primarily domestic setting would be retained. Notwithstanding designation as Urban Greenspace under Proposal GR2, priority will be given to preserving uninterrupted, tree-lined, open vistas within the "inner park" as delineated by the route of Park Drive.

POLICY CH6 - REASONED JUSTIFICATION

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11.21 Birkenhead Park Conservation Area was designated in June 1977. It is universally acknowledged to be the first publicly-funded park in Britain, and provided the inspiration for the design of Central Park, New York and for the Victorian "Public Parks Movement", which extended a permanent influence throughout this Country and beyond. It currently possesses Grade 1 status within the English Heritage Register of Historic Parks and Gardens.

11.22 The character and appearance of the Area principally derives from its wide and varied collection of period buildings and structures set within and around a mature parkland setting, unified by common features of design such as gate piers, boundary railings and substantial landscaping. Policy CH6, therefore, provides for these features to be retained and restricts new uses which would by their nature or design prejudice the landscaped appearance of the area or detract from the primarily domestic character of period buildings. Policy CH6 also restricts new development falling within the area of open land bounded by Park Drive in order to preserve the open landscaped setting of the central parkland area.

11.22A Birkenhead Park is also designated as an historic park and garden in the English Heritage Register of Parks and Gardens of Special Historic Interest in England.

Policy CH7 - Oxton Village Conservation Area

In relation to Oxton Village Conservation Area the principal planning objectives for the area will be to: (i) retain the character of the early Victorian commuter settlement; (ii) preserve the sense of contrast between houses in spacious grounds and cottage-scale groups of dwellings; (iii) retain unifying features throughout the Area, such as narrow roads and paths, mature trees, and stone walls; and (iv) retain visual coherence within the retail area, in terms of elevational treatment and the design of shop fronts. Outside the retail area, only primarily residential uses will be permitted.

POLICY CH7 - REASONED JUSTIFICATION

11.23 Oxton Village Conservation Area was designated in April 1979. Its boundaries were drawn to reflect the extent of the early Victorian commuter settlement which developed over the summit of Oxton Hill during the nineteenth century.

11.24 The variety of period buildings, ranging from terraces, stone-built cottages and detached stuccoed villas in extensive grounds, give the Area a character unique within Birkenhead. This character is reinforced by details such as elevational treatments, window styles and ornate cast-iron porches, as well as the overall

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setting of the Area with its narrow roads, lanes and paths, sandstone walls, "cottage" gardens and extensive tree cover. The objective of Policy CH7 is, therefore, to ensure that these distinctive features are preserved and enhanced.

11.25 These considerations will also apply within the Oxton Village retail area. Applications for development, including new shop fronts, will, therefore, be specifically required to respect and "mirror" the historic context of the Area. Outside this area, Policy CH7 restricts non-residential uses in order to retain the principally domestic character of the Area and of its historic buildings.

Policy CH8 - Rock Park Conservation Area

In relation to Rock Park Conservation Area the principal planning objectives for the area will be to: (i) retain the original character, design and layout of the former merchants' estate; (ii) preserve public access along the Esplanade and views across the Mersey Estuary; and (iii) retain unifying features, such as the irregular, looped, landscaped driveway and the density, scale, massing and woodland setting of the developed areas. Only primarily residential uses will be permitted within the Area and notwithstanding designation as Urban Greenspaces under Proposal GR2, priority will be given to retaining the open, landscaped character of Rock Park Linear Open Space and Rock Park Esplanade Open Space.

POLICY CH8 - REASONED JUSTIFICATION

11.26 Rock Park Conservation Area was designated in February 1979. It represents a purpose-built, out-of-town, residential estate formed by Liverpool merchants and sited near the local cross-river ferry terminal. The riverside estate also benefits from fine views across the Mersey Estuary and can be clearly recognised from viewpoints on the opposite bank of the River.

11.27 The character of the Area mainly derives from the design and layout of the estate. The original estate formed forty-four residential plots, laid out around an irregularly looped landscaped driveway. Each plot was then sold with articles of agreement regulating the density, design and nature of the development subsequently undertaken. The objective of Policy CH8 is, therefore, to ensure that these planned aspects of design and layout continue to be respected.

11.28 Rock Park Esplanade and the former ferry landing point is one of few public access points to the riverfront, south of Tranmere. Rock Park Esplanade Open Space is also a prominent landmark in views of the peninsula from the Liverpool riverfront. Policy CH8, therefore, also provides for these features to be preserved.

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Policy CH9 - Port Sunlight Conservation Area

In relation to Port Sunlight Conservation Area the principal planning objectives for the area will be to: (i) preserve the planned layout of the village and unifying features, such as the scale, massing, and design of buildings ,including the use of superblocks, together with their landscape setting; (ii) to retain the historic factory frontage overlooking the village from Wood Street; and (iii) to preserve the visual setting of the Church and Art Gallery, including the formal axis of The Diamond. Priority will be given to retaining primarily residential uses within the Area and notwithstanding designation as Urban Greenspace, to preserving the formal character and layout of the open spaces and landscaped areas designated under Proposal GR2.

POLICY CH9 - REASONED JUSTIFICATION

11.29 Port Sunlight was designated a Conservation Area in March 1978. The Village is an innovative, planned settlement conceived by William Lever in order to house the workers of his nearby soap and chemical works. It has an international reputation as an early and classic example of English philanthropy, which combined a concern for sanitary living conditions with the objective of providing an attractive, landscaped suburb for the working classes.

11.30 The Village still represents a residential environment of rare quality within the built-up area. The objective of Policy CH9 is, therefore, to retain and preserve essential elements in the "planned" form, layout and architectural detail of the Village. This especially includes the formal layout of open spaces which provide the setting for prominent "public" buildings, such as Christchurch and the Lady Lever Art Gallery. Policy CH9 also provides for the primarily domestic character and scale of the Village to be preserved and for the historic factory frontage to be retained as a continuing reminder of the purpose and history of the Area.

11.30A The open spaces at The Dell, The Diamond and The Causeway, in Port Sunlight, are also designated as an historic park and garden in the English Heritage Register of Parks and Gardens of Special Historic Interest in England.

Policy CH10 - Eastham Village Conservation Area

In relation to Eastham Village Conservation Area the principal planning objectives for the area will be to: (i) maintain a sense of separation from the surrounding built-up area through the retention of open spaces around the village core;

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(ii) preserve the setting and sense of enclosure afforded by boundary walls, hedges and mature landscaping; and (iii) preserve the visual setting of the village cross and war memorial and the Church of St.Mary, with its yard and lych-gate. In considering new proposals within the Area, special attention will be given to preserving the group value of period buildings, the irregular development pattern, and the relationship between the design, scale and setting of property and the use of building materials.

POLICY CH10 - REASONED JUSTIFICATION

11.31 Eastham Village Conservation Area was designated in April 1974. While many of its historic buildings are Victorian or later, the settlement is mediaeval in origin and the Village still retains its mediaeval street pattern. It is this street pattern and the group value of a rich variety of irregularly clustered period buildings which largely determines the distinctive character of the Area.

11.32 The character and appearance of the Village is in stark contrast to the mundane, planned layout of the modern housing estates nearby. The objective of Policy CH10 is, therefore, not only to retain the distinctive character of the settlement but also to maintain the open or woodland setting of the village and a sense of separation from the surrounding urban area. Policy CH10 also provides for the visual dominance of major focal points within the Village such as the church, and the village cross and war memorial to be preserved.

Policy CH11 - Caldy Conservation Area

In relation to Caldy Conservation Area the principal planning objectives for the area will be to: (i) retain the character of a low density, maturely landscaped suburb with substantial houses in large grounds; (ii) retain the unifying features of design, layout and building materials within the old village core; (iii) preserve the unity of strongly enclosed boundary treatment incorporating high walls, dense landscaping or dark-stained, close-boarded, timber fences in the area outside the old village core; and (iv) preserve, wherever practicable, views of the Dee Estuary and of the North Wales coast beyond. Only primarily residential uses will be permitted within this Area.

POLICY CH11 - REASONED JUSTIFICATION

11.33 Caldy Conservation Area was designated in October 1974. It is situated on a prominent, wooded, west-facing slope, offering dramatic views over the Dee Estuary to North Wales. The boundary, therefore, contains those areas where

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uncontrolled change would do significant harm to the special quality of the environment.

11.34 The Area not only includes the small nucleus of the old historic village, but also the areas of large detached dwellings set in extensive grounds which now primarily define the character of the Area. While the old village is almost exclusively constructed of red ashlar sandstone and contains buildings dating back to the seventeenth century, the surrounding area has slowly been developed since 1906, as a spacious residential district.

11.35 The development of the wider area was first regulated by the owning control of the Caldy Manor Estate Company, but has latterly been regulated through design and density controls applied by the Local Planning Authority. Policy CH11, therefore, provides for these controls to be maintained in order to respect the established architectural and landscape standards elsewhere within the estate.

11.35A Gleneagles Park was deleted from Caldy Conservation Area in 1994.

Policy CH12 - Frankby Village Conservation Area

In relation to Frankby Village Conservation Area the principal planning objectives for the area will be to: (i) retain the character and appearance of an historic rural village; (ii) preserve a compact settlement form, which is separate and distinct from the modern, built-up areas nearby; (iii) retain unifying features of scale, layout, design and materials and the focus of buildings around the central green; and (iv) preserve the rural character of former farm buildings. New development will not be permitted upon the area of common land known as Frankby Green.

POLICY CH12 - REASONED JUSTIFICATION

11.36 Frankby Village was designated a Conservation Area in October 1974. It represents a compact, historic, rural village which, despite becoming an essentially residential community, still retains many of the historic features of its agricultural past.

11.37 The distinctive character and setting of the Village is reinforced by its continued separation from the more modern built-up areas nearby. Policy CH12, therefore, provides for this separation to be preserved, together with the essentially compact nature of the historic settlement. It also provides for the character of remaining rural buildings to be retained, including the character of those which have already passed out of agricultural use, together with their distinctive unifying features of scale, layout and design.

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11.38 The buildings within the Village are also principally grouped around a small area of common land known as Frankby Green. Policy CH12 provides for this focus to be retained and, owing its visual importance within the setting of the Village, specifically provides for this area of open land to be retained free from development.

Policy CH13 - Gayton Conservation Area

In relation to Gayton Conservation Area the principal planning objectives for the area will be to: (i) preserve the character and scale of a small farming township in a woodland setting at the urban fringe; (ii) retain unifying features, such as unmade paths and country lanes, boundary walls and hedges; (iii) preserve the wooded and open grounds of the Gayton Hall estate; and (iv) retain and enhance the sequence of open views to the Dee Estuary and the North Wales coast beyond. New uses should respect and retain the quiet, rural character of the Area.

POLICY CH13 - REASONED JUSTIFICATION

11.39 Gayton Village Conservation Area was designated in April 1979. While the original settlement is of mediaeval origin and can be traced back to the Domesday Book, the oldest buildings which remain relate to the seventeenth century.

11.40 The Area contains much of the original township and largely retains the character of a small farming community, based around the manorial estate of Gayton Hall. This appearance is enhanced by the scale and character of the buildings themselves, their vernacular form and construction in common local materials, their relationship to the Hall, with its extensive grounds, and their wooded, rural setting. Set within the Dee Coast Area of Special Landscape Value the Village also offers attractive views across the Dee Estuary.

11.41 Policy CH13 provides for the rural charm and woodland setting of the Area to be preserved, including distinctive features, such as cobbled streets, unmade paths and country lanes, boundary walls, hedges and cottage gardens, and views across the Dee. It also excludes uses which would be out of keeping with the quiet, domestic character of the settlement.

Policy CH14 - Heswall Lower Village Conservation Area

In relation to Heswall Lower Village Conservation Area the principal planning objectives for the area will be to:

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(i) preserve the character of the old village core, including the setting and character of its former farm buildings and cottage scale dwellings; (ii) preserve the character and setting of the surrounding area characterised by substantial property in large, well-landscaped grounds and by the denser more modest scale development to the north of Dawstone Park; (iii) retain unifying features such as stone walls, the character of narrow lanes such as School Hill, Brow Lane, West Grove and Feather Lane and areas of mature landscaping. Notwithstanding designation as Urban Greenspace under Proposal GR2, special attention will be given to retaining the historic character of Dawstone Park.

POLICY CH14 - REASONED JUSTIFICATION

11.42 Heswall Lower Village Conservation Area was designated in April 1979. Its boundaries are drawn to encompass the original nucleus of the small fishing village which pre-dated the suburban expansion of Heswall after the arrival of the railway in the late nineteenth century, as well as some of the earliest and best of the later suburban development.

11.43 The heart of the original settlement, based around Village Road, Raby Close and The Lydiate, can still be discerned and retains much of the character of a typical English Village, including its church and rectory, public house, village hall, shops and groups of cottage scale dwellings, and former farm buildings such as Lydiate Farm and The Old Smithy. One objective of Policy CH14 is, therefore, to ensure that the distinctive character of the old village continues to be preserved.

11.44 Policy CH14 also seeks to preserve the setting and appearance of the surrounding area. This area can be split into two distinct segments: the area characterised by substantial houses set in large grounds, situated towards and along Dawstone Road; and the more clustered modest scale development, based around Dee View Road, The Mount and the upper part of School Hill. In accordance with Policy CH14, new proposals will be required to reflect the specific character of the sub-area in which it is located.

11.45 The special character of Dawstone Park, and the significance of its location at the junction of these three distinct areas in the historic development of the Village, also merits special protection. Policy CH14, therefore, provides for the historic character of this open space to be preserved.

Policy CH15 - Thornton Hough Conservation Area

In relation to Thornton Hough Conservation Area the principal planning objectives for the area will be to:

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(i) retain a compact settlement pattern within the setting of the historic country estate; (ii) preserve the consistency of scale, and the variety of design, building materials and architectural detailing of individual buildings and cottage terraces within the Area; and (iii) preserve the settings of St. George's Church and All Saints Parish Church, as focal points within the Village. Priority will be given to retaining the open character of Thornton Hough Recreation Ground in order to preserve the visual setting of the Village as viewed from Neston Road.

POLICY CH15 - REASONED JUSTIFICATION

11.46 Thornton Hough was designated a Conservation Area in April 1979. The boundary is drawn to reflect the compact settlement, built during the late nineteenth and early twentieth centuries as an "estate village" to house the employees of the Leverhulme Estate.

11.47 The character of the Area is largely determined by the scale, building materials and architectural detailing of buildings and terraces which comprise the Village, and which directly reflect the different phases of its development. The objective of Policy CH15 is, therefore, to retain the contrast between the areas of the Village developed by Joseph Hirst and those subsequently built by William Lever, and to preserve the visual richness which arises from the wide variety of design and architectural detailing they introduced.

11.48 While views into and out of the Village are not long or significant when approaching from Thornton Common Road, Manor Road or Raby Road, the view of the Village from Neston Road rising up the hill towards the focal points of St. George's Church and All Saints Parish Church, across the cricket ground with its thatched pavilion, presents a picture of the English rural ideal. Policy CH15, therefore, aims to preserve this distinctive view and the general picturesque setting of the village from this direction, by restricting new development within Thornton Hough Recreation Ground.

Policy CH16 - West Kirby Old Village Conservation Area

In relation to West Kirby Old Village Conservation Area the principal planning objectives for the area will be to: (i) preserve the remaining semi-rural, low density character of a former medieval hamlet in a woodland setting; (ii) preserve the open aspect of remnant fields which originally surrounded the Village; (iii) retain the scale and massing of buildings at the Village core, between 14-32, Village Road, and the open setting of The Ring O' Bells, The Rectory and St. Bridget's Church; and

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(iv) retain unifying features, such as woodlands, tree groups, stone walls, and the character of narrow unmade paths. Priority will be given to retaining the open setting of land and woodland to the east and west of Echo Lane and of open land to the east of Church Walk.

POLICY CH16 - REASONED JUSTIFICATION

11.49 The "old village" area of West Kirby was designated as a Conservation Area in September 1973. It incorporates the nucleus of the old medieval hamlet and includes many of the oldest buildings in West Kirby.

11.50 The character of the Area is primarily derived from its historic associations but is significantly enhanced by the design and setting of its major buildings, such as St. Bridget's Church and Rectory, unifying features such as red sandstone walls, woodland areas, narrow unmade paths and lanes, and by the open aspect of remnant fields which originally surrounded the Village.

11.51 The objective of Policy CH16, therefore, is to ensure that these distinctive features are preserved and that aspects of the Area which serve to indicate the original character of the Village are, wherever possible, enhanced and retained.

Policy CH17 - Saughall Massie Conservation Area

In relation to Saughall Massie Conservation Area the principal planning objectives for the area will be to : (i) preserve the rural setting, scale and character of the old Village core; (ii) preserve a compact settlement form which is separate and distinct from the modern, built-up areas nearby; and (iii) retain unifying features such as stone walls, narrow lanes enclosed by mature hedgerows, a courtyard layout to building groups and construction materials.

POLICY CH17 - REASONED JUSTIFICATION

11.52 Saughall Massie Village Conservation Area was designated in January 1974. It contains a small, agricultural settlement as well as some of the surrounding fields which continue to provide an appropriate rural setting for the Village. While the original settlement is of mediaeval origin, most of the historic buildings which remain date from the early to mid seventeenth century.

11.53 Two farms still operate from the Village and while some buildings have been converted, the primarily agricultural character of the Area has been retained. This is reinforced by the setting of the Area, the character, scale, and form of the buildings themselves, and other characteristic features such as stone walls,

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mature hedgerows and narrow roads and lanes. The objective of Policy CH17 is, therefore, to preserve the historic layout, small scale and essentially agricultural nature of the Village and its buildings. Policy CH17 also provides for the Village to continue to remain separate and distinct from the urban area nearby.

Policy CH18 - Wellington Road (New Brighton) Conservation Area

In relation to Wellington Road Conservation Area the principal planning objectives for the area will be to: (i) preserve the character of a series of Victorian Villas and terraced gardens with an open coastal aspect; (ii) retain common aspects of villa design such as gabled roofs, barge-boarding, stuccoed elevations, decorated friezes and cast- iron balconies overlooking the coastal promenade; and (iii) preserve the historic character of Marine Park for formal public recreation. Only primarily residential uses will be permitted within the existing built- up area and notwithstanding designation under Proposal GR2, priority will be given to retaining the open aspect of land designated as Urban Greenspace to the north and east of the Conservation Area.

POLICY CH18 - REASONED JUSTIFICATION

11.54 Wellington Road Conservation Area was designated in December 1973. It represents the earliest area developed as part of the "new" resort of New Brighton and was the only part of James Atherton's first design for the original resort to be implemented. It contains a series of villas, overlooking Liverpool Bay, built to take advantage of the change in ground levels along the coastal strip.

11.55 The character of the Area principally derives from the group value of the cliff-top villas, which form a strong visual line when viewed from the promenade. Despite variety in design, they form a cohesive group by virtue of their scale and layout and common features such as gabled roofs, barge-boarding, stuccoed elevations and their long, north-facing, terraced gardens which also form a characteristic part of the historic New Brighton waterfront.

11.56 Policy CH18 provides for these aspects of the historic design and character of the Area to be preserved but also provides for development to be restricted on the areas of flat open land forming the coastal strip along Kings Parade Promenade. These sites, allocated as Urban Greenspace in Section 8 of the UDP, form an essential part of the setting of the Area, enhancing the cliff-top aspect of the villas which overlook them, and include Marine Park, which was formally laid out for public recreation during the latter part of the nineteenth century. Policy CH18 also restricts proposals which would be out of keeping with retaining the domestic character of period buildings.

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Policy CH19 - Thurstaston Conservation Area

In relation to Thurstaston Conservation Area the principal planning objectives for the area will be to: (i) preserve the character of a traditional English Village and the character of its historic agricultural buildings; (ii) preserve the setting of the Village's "public" buildings including St. Bartholomew's Church, Thurstaston Hall, and the School House; (iii) retain unifying features, such as building materials, stone walls, hedges and unmade tracks, and the layout of farm buildings of traditional form grouped around a central courtyard; and (iv) maintain tree groups to the north of Thurstaston Hall, south-west of the Station Road/ Telegraph Road junction, and to the east of Station Road between the two lodges. New development will not be permitted in the area of open land in front of St. Bartholomew's Church.

POLICY CH19 - REASONED JUSTIFICATION

11.57 Thurstaston Village Conservation Area was designated in February 1981. It is situated within the Dee Coast Area of Special Landscape Value. While originally a farming community, the settlement still retains the image of a traditional English rural village, with its Church, Hall, School House and surrounding farmsteads.

11.58 The character of the Area primarily derives from its topographical setting, the surrounding landscape including a number of important tree groups within the Village itself, and the character, design and layout of the remaining historic buildings and enclosures. Policy CH19, therefore, specifically provides for these historic features to be preserved.

11.59 Policy CH19 also provides for the setting and character of the historic "public" buildings of the Village to be retained and restricts development on open land at the entrance to the Church and Hall, which in visual terms serves the function of a village green.

Policy CH20 - Bromborough Village Conservation Area

In relation to Bromborough Village Conservation Area the principal planning objectives for the area will be to: (i) preserve the historic character of the Village core, based around the landmarks of St. Barnabas' Church and Bromborough Cross;

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(ii) preserve the character and setting of the Church and its precincts, including the courtyard, Hall, school, school house and lych-gate; and (iii) retain unifying features such as stone walls, narrow lanes and shared elements of building design and materials. No infill development will be permitted between 2 and 22, The Rake, inclusive.

POLICY CH20 - REASONED JUSTIFICATION

11.60 Bromborough Village was designated as a Conservation Area in July 1982, and is one of the smallest in the Borough. The boundary to the Area has been drawn tightly in order to include the core of the old village and remaining vernacular buildings along The Rake and Bromborough Village Road.

11.61 Originally a compact, nucleated village, centred around St. Barnabas' Church, it has largely been overtaken by more modern development. However, enough of the historic centre remains to enable the character of the original settlement to be discerned. This character is principally derived from the historic market cross, the setting and visual dominance of the Church, and the courtyard formed by its associated buildings at Church Lane.

11.62 The objective of Policy CH20 is, therefore, to ensure that the character and setting of these historic features is retained, wherever possible. Policy CH20 also specifically restricts infill development affecting period property along The Rake, in order to preserve the distinctive character and scale of the remaining domestic property within the Village.

Policy CH21 - Barnston Village Conservation Area

In relation to Barnston Village Conservation Area the principal planning objectives for the area will be to: (i) preserve the domestic scale and quiet character of an historic, rural village; (ii) retain unifying features, such as the character of historic farm buildings, stone walls and mature trees; (iii) preserve the wooded scenic corridor to the north of the Village along Barnston Road; and (iv) retain the character, setting and group value of imposing buildings in spacious grounds, focussed in a loose square around the Church precincts.

POLICY CH21 - REASONED JUSTIFICATION

11.63 Barnston Village Conservation Area was designated in December 1983. While the original village can be traced back to the Domesday Book, the earliest

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remaining buildings in the Village date from the eighteenth century. Still dominated by working farms, the Village retains its essentially rural character and represents a good example of a post medieval nucleated settlement.

11.64 The appearance of the Village is dominated by two distinctive groups of buildings: the old core of domestic buildings, centred around Old Lane and its junction with Barnston Road; and the Church precincts, framed by imposing sandstone buildings formed in a loose square whose open side is presented to Barnston Road. Policy CH21, therefore, provides for these features of the Village to be preserved.

11.65 Policy CH21 also provides for the rural character of the Area to be preserved and, in particular, for the wooded, scenic corridor along Barnston Road to be protected. This corridor, leading out of the built-up area towards Barnston Dale, forms an important visual complement to the wider setting of the Village.

Policy CH22 - Bromborough Pool Conservation Area

In relation to Bromborough Pool Conservation Area the principal planning objectives for the area will be to: (i) retain the uniform, planned form of the historic, industrial workers village; (ii) preserve the open aspect of land providing an important separation function from surrounding modern industrial uses; (iii) retain unifying features of design, including the grid-iron pattern, terraces of four, materials, scale, elevational treatment and garden areas; and (iv) retain the high wall bounding the Village along Dock Road South. Only primarily residential uses will be permitted within the Area and notwithstanding designation as sports grounds under Proposal RE6, priority will be given to retaining the primarily open aspect of land used as playing fields at The Green and fronting South View.

POLICY CH22 - REASONED JUSTIFICATION

11.66 Bromborough Pool Village Conservation Area was designated in October 1986. It was developed as a model village in 1854 to provide homes for workers in the nearby Price's Candle Factory. Development of the Village continued throughout the rest of the century to incorporate a school, hospital, village hall and Church, all of which remained in the ownership of the factory. The Village, therefore, represents one of the earliest examples of English private company philanthropy.

11.67 Policy CH22 provides for essential elements in the planned form of the Village to continue to be preserved, including the uniformity of layout and the setting and detailed design of individual buildings. It also provides for the Village to remain

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a Primarily Residential Area and to remain essentially separate from its modern industrial surroundings, by restricting new development on open land which serves as an essential buffer between the Village and the modern factory premises nearby.

11.67A An Article 4 Direction, for the built up parts of Bromborough Pool Conservation Area, is in force, which limits permitted development rights for properties within the Village.

Policy CH23 - Flaybrick Cemetery Conservation Area

In relation to Flaybrick Cemetery Conservation Area the principal planning objectives for the area will be to: (i) retain the quiet character and landscape quality of the early Victorian cemetery; (ii) preserve extensive views of Birkenhead and across the River Mersey to Liverpool; (iii) retain unifying features, such as stone walls and railings, symmetrical composition and the gothic style of chapels and lodges; and (iv) preserve the visual dominance and style of the main processional avenue. New development within the main cemetery area will be restricted to small scale facilities required for visitors or for cemetery maintenance.

POLICY CH23 - REASONED JUSTIFICATION

11.68 Flaybrick Cemetery Conservation Area was designated in 1990. It represents a fine example of a formal Victorian cemetery and possesses considerable local significance, containing the graves of many people prominent in the early growth of Birkenhead. Developed over the period since 1864, it also commands fine views of Birkenhead and across the River Mersey to Liverpool.

11.69 The character and appearance of the Area primarily derives from the quality of landscaping, formality of design and from the topographical setting of the cemetery. Policy CH23, therefore, provides for these distinctive features of the cemetery to continue to be preserved, together with unifying features, such as the central, tree-lined processional avenue, the prominence and setting of the twin chapels and the sandstone perimeter wall with cast-iron coping railings.

11.70 Policy CH23 also restricts new development within the main cemetery area. The cemetery is not an appropriate location for new development other than that specifically required for its continued maintenance.

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11.70A Flaybrick Cemetery, now known as Flaybrick Memorial Gardens, is also designated as an historic park and garden in the English Heritage Register of Parks and Gardens of Special Historic Interest in England.

Policy CH23A – Kings Gap Hoylake Conservation Area In relation to Kings Gap Hoylake Conservation Area the principal planning objectives for the area will be to: (i) preserve the character and appearance of a Victorian and Edwardian seaside resort and commuter settlement; (ii) preserve particular aspects of historic building design such as barge boards and blind boxes, gate piers, setts and cast iron railings; (iii) retain unifying features such as the gridiron pattern of roads, grass verges, street trees, granite kerb stones, sandstone and other boundary walls, mature hedges and trees, and close boarded timber fences; and (iv) retain and enhance the open views across the Royal Liverpool Golf Course, the Dee Estuary and Liverpool Bay. In considering proposals for new development within the Area, special attention will be paid to the style, scale, massing and setting of the property, the type and quality of building materials, and the details of design, landscaping and boundary treatment.

POLICY CH23A - REASONED JUSTIFICATION

11.70B Kings Gap Hoylake Conservation Area was designated in April 2000. It represents an area of 19th and early 20th Century housing development in generously sized plots sandwiched between the sea and the Royal Liverpool Golf Course.

11.70C The character and appearance of the Area primarily derives from the style and pattern of building associated with the development of the area during the Victorian and Edwardian periods. The Conservation Area shows the progress of design and development across these periods following the construction of the railway in 1866 and demonstrates the changes in the taste, wealth and status of the incoming inhabitants.

11.70D Policy CH23A seeks to retain the character and appearance of a Victorian and Edwardian seaside resort and to control the design of new buildings to ensure that they will not conflict with the design traditions established within the Conservation Area.

Policy CH23B – Meols Drive Conservation Area

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In relation to Meols Drive Conservation Area the principal planning objectives for the area will be to: (i) preserve the historic character and appearance of a wealthy late Victorian and Edwardian commuter suburb and the setting, landscape and skyline of the Royal Liverpool Golf Course; (ii) retain the consistency of scale, massing and separation between neighbouring buildings; (iii) preserve the variety of buildings, materials and design linked by a common design approach, including highly decorative details and roofscapes; (iv) retain unifying features such as building lines, generous landscaping and boundary treatment, including sandstone and red brick walls, along public frontages; and (v) promote a more unified treatment along the boundary with the Royal Liverpool Golf Course. In considering proposals for new development within the Area, special attention will be paid to the style, scale, massing and setting of the property, the type and quality of building materials, and the details of design, landscaping and boundary treatment.

POLICY CH23B – REASONED JUSTIFICATION

11.70E Meols Drive Conservation Area was designated in April 2004 in order to preserve the local distinctiveness and historic setting of the area associated with the Royal Liverpool Golf Course.

11.70F The character and appearance of the Area is defined by the spacious, landscaped setting of Meols Drive, the scale and character of individually designed buildings, the quality and variety of materials, and the distinctive detailing associated with the “arts and craft” movement at the turn of the 20th Century.

11.70G Policy CH23B seeks to ensure that the character and appearance of the Area will not be harmed through the introduction of higher density development, out of keeping with the historic design traditions of the Area. Policy CH23B, in particular, seeks to preserve the consistency of scale, massing and separation between buildings and the individual but common design approach to materials, variety and detailing.

Policy CH24 - Development Affecting Scheduled Ancient Monuments The following sites, shown on the Proposals Map, are Scheduled Ancient Monuments for the purposes of Section 1 of the Ancient Monuments and Archaeological Areas Act 1979: 1. Grange Beacon, Column Road, West Kirby. 2. Birkenhead Priory, Tranmere.

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3. Site of Pre-Norman and Medieval Church, Upton. 4. Storeton Hall, Bebington. 5. Irby Hall, Moated Site. 6. Bromborough Court House, Moated Site and Fish-Ponds. 7A. Moated site north east of New Hall Farm, Thornton Hough 8A. Standing Cross, Church of the Holy Cross, Woodchurch 9A. Standing Cross, Church of St Barnabas, Bromborough Development proposals liable to destroy, damage or otherwise disturb features of archaeological interest in these areas or which would have a detrimental impact on their setting will be refused.

POLICY CH24 - REASONED JUSTIFICATION

11.71 Scheduled Ancient Monuments are designated by the Secretary of State by virtue of the historic, architectural, traditional, artistic or archaeological interest attaching to them. They are of national importance. Separate legal provisions exist to prevent works involving removal, alteration or damage to the Monument without written consent from the Secretary of State.

11.72 It is national policy that a Scheduled Ancient Monument and its immediate setting is preserved, wherever possible, in-situ and in good condition. This objective is, therefore, directly reflected within Policy CH24. Policy CH24 will also be held to apply to additional monuments of national importance which are discovered or formally scheduled during the UDP period.

Policy CH25 - Development Affecting Non-Scheduled Archaeological Remains

In assessing development proposals liable to affect areas known or suspected to contain important un-scheduled archaeological remains, the Local Planning Authority will in particular consider: (i) the potential importance of the archaeological interest of the site, in terms of the rarity, condition and estimated age of the remains; and (ii) whether it is desirable or practical, owing to the fragility or importance of the remains, to preserve those remains in-situ. In order to satisfy these requirements, the Local Planning Authority will require applicants to provide a desk-based evaluation of existing information related to the archaeological interest of the site. Where a desk-based study indicates that important remains may exist on the site, the applicant will be expected to arrange for an archaeological field evaluation, in order to define the character and extent of the remains and to identify the appropriateness of potential options for minimising or avoiding damage were development to take place. These evaluations must be undertaken by an accredited archaeological organisation or archaeologist. Where archaeological remains are of minor importance or it is not considered necessary to preserve them in-situ, the Local Planning

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Authority will grant planning permission, subject to the excavation and recording of the remains before construction commences. Where archaeological remains are of significant importance and can only be appropriately preserved in-situ, the Local Planning Authority will assess the impact of the proposals, in terms of the potential disturbance to be caused to those remains and their setting. Where those remains cannot be accommodated within the layout of a revised development scheme or where it is not appropriate to do so, planning permission will be refused.

POLICY CH25 - REASONED JUSTIFICATION

11.73 Policy CH25 sets out the general approach the Local Planning Authority will adopt in regard to the control of development and the protection of archaeological remains. It seeks to ensure that the archaeological interest a site may possess is properly taken into account where important remains are known to exist or where there is good reason to believe that important remains exist.

11.74 It is Government policy that nationally important remains, whether scheduled or not, together with their setting, should normally be preserved in-situ. However, because of the essentially invisible and undetermined nature of many archaeological sites, the justification for preservation should be assessed on the individual merits of each case. Policy CH25, therefore, provides for an assessment of the potential archaeological value of a site to be undertaken before the decision to allow development is made.

11.75 All planning applications received by the Local Planning Authority are routinely reviewed for their archaeological implications. Applicants will, therefore, be informed, as soon as possible, if their proposals are likely to affect a known or presumed archaeological site. However, in order to avoid unnecessary delay and abortive design work, prospective applicants are strongly advised to seek to establish the archaeological importance of their land at the earliest possible stage.

11.76 The archaeological status of land in Wirral can best be established by reference to the Archaeological Sites and Monuments Record for Merseyside which contains a constantly maintained and updated database of all known archaeological sites throughout the Borough. It is currently held by Liverpool Museum, National Museums and Galleries on Merseyside and is available for public inspection, by appointment with the Merseyside SMR Officer.

11.77 The assessment procedure, set out under Policy CH25, will only be required where the proposals are likely to affect important archaeological remains. It may take two forms. The first is a desk-study in order to review existing published information related to the archaeological interest of the site. This should start with the relevant entries within the Sites and Monuments Record for Merseyside. Where necessary, and for the purpose of clarification, a field assessment, involving limited ground survey methods such as small scale trial trenching, should also be undertaken. This should enable a reliable estimate to be made of

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the intrinsic value of the remains and their likely condition and vulnerability to disturbance. It should also allow for a realistic assessment to be made of the need for preservation, including options for mitigating the effects of the development proposed.

11.78 When granting planning permission under Policy CH25, the Local Planning Authority will normally require mitigating measures to be undertaken in order to avoid disturbance to archaeological remains. These may involve the re-siting or re-design of development proposals or the use of suitable alternative methods for the construction of foundations. However, Policy CH25 specifically provides, where the case for physical preservation in-situ is overwhelming and can be verified by a competent archaeological consultant, for planning permission to be refused. This will particularly be the case where the measures undertaken to safeguard archaeological remains are inadequate or where the setting of important remains would be severely compromised.

11.79 Further advice with regard to un-scheduled archaeological remains is contained within Supplementary Planning Guidance Note 38.

Policy CH26 - The Preservation of Historic Parks and Gardens The Local Planning Authority will pay special regard to sites included in the English Heritage Register of Parks and Gardens of Special Historic Interest and will only permit development within, adjacent to, or otherwise likely to affect the setting of such a site, where the proposals: (i) would not involve the loss of features considered to form an integral part of the special character or appearance of the park or garden; and (ii) would not otherwise detract from the enjoyment, layout, design, character, appearance, or setting of the park or garden; In granting consent, special consideration will be given to matters of design, including landscaping and visual impact, in order to preserve the character and setting of the designated area.

POLICY CH26 - REASONED JUSTIFICATION

11.80 English Heritage has established a national Register of Parks and Gardens of Special Historic Interest in England. Within this Register, parks and gardens are graded with regard to the extent of interest they possess.

11.81 Wirral currently has two parks and gardens within the Register – Birkenhead Park and Thornton Manor Gardens at Thornton Hough. Birkenhead Park is of exceptional historic interest (Grade I) and Thornton Manor Gardens is of special historic interest (Grade II). They are both worthy of preservation in their own right.

11.82 National planning policy guidance indicates that local planning authorities should protect registered parks and gardens, both when preparing development plans

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and in determining planning applications. This extends not only to the integrity of the park itself but also to its wider setting. Policy CH26, therefore, seeks to ensure that the special character of such sites, together with their setting, is protected from inappropriate development.

Proposal CH27A – Historic Parks and Gardens The following historic parks and gardens, shown on the Proposals Map, will be protected from inappropriate development subject to Policy CH26: 1A. Birkenhead Park, Claughton 2A. Thornton Manor Gardens, Thornton Hough 3A. The Dell, The Diamond & The Causeway, Port Sunlight 4A. Flaybrick Memorial Gardens, Bidston

PROPOSAL CH27A – REASONED JUSTIFICATION

11.82A Wirral currently has four parks and gardens listed in the English Heritage Register of Parks and Gardens of Special Historic Interest in England. The boundaries to these designations are shown on the Proposals Map.

11.82B Birkenhead Park, opened in 1847, was the first public park to be established at public expense in the United Kingdom and was influential on the design of public parks both nationally and internationally. It was designed by Joseph Paxton and incorporates a number of innovative features. It is considered an outstanding example of Paxton’s work and a landmark in the history of public parks. The Park is registered Grade I.

11.82C Thornton Manor Gardens falls within the exceptionally high category of historic interest required to merit Grade II* status in the Register. The Gardens were designed by Thomas Hayton Mawson in collaboration with the industrialist and philanthropist Willam Hesketh Lever, later first Viscount Leverhulme and were the first in a series of three major private gardens produced by Mawson for Lord Leverhulme.

11.82D The principal public open spaces in Port Sunlight comprise part of a garden village laid out to the plans of William Hesketh Lever with the formal open spaces at The Diamond and The Causeway based on a 1910 competition design by Ernest Prestwich. The open spaces at The Dell, The Diamond and The Causeway are registered Grade II.

11.82E Flaybrick Memorial Gardens, registered Grade II, is a public cemetery opened in 1864 and extended in the late nineteenth and early twentieth centuries. It was the first municipal public cemetery in Wirral. The layout was designed by Edward Kemp and the buildings by Lucy & Littler. The cemetery contains a number of graves of architectural and historic interest including the family vault of the Laird family and the imposing canopied stone tomb of Sir William Jackson.

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12. AGRICULTURE

PART ONE POLICY

POLICY AGR1 - THE PROTECTION OF AGRICULTURE IN CONSIDERING PROPOSALS FOR DEVELOPMENT ON AGRICULTURAL LAND THE LOCAL PLANNING AUTHORITY WILL SEEK TO PREVENT: (i) THE LOSS OF WIRRAL'S BEST AND MOST VERSATILE AGRICULTURAL LAND; (ii) THE SEVERANCE OR FRAGMENTATION OF A FARM HOLDING; (iii) UNACCEPTABLE NUISANCE OR DISTURBANCE TO EXISTING AGRICULTURAL ENTERPRISE. WHERE DEVELOPMENT ON THE BEST AND MOST VERSATILE AGRICULTURAL LAND IS UNAVOIDABLE SUCH DEVELOPMENT SHOULD BE DIRECTED TO THE LOWEST POSSIBLE GRADE.

POLICY AGR1 - REASONED JUSTIFICATION

12.1 Despite the high proportion of urban and other non-agricultural land-use in Wirral, approximately one third of the Borough's land area is still used for agricultural purposes. Recent figures from the Agricultural Census indicate that up to 1,800 hectares of land are still used for arable production and that there are over 7,000 head of livestock and 64,000 poultry present throughout the Borough. Agriculture is, therefore, still of considerable significance in terms of its impact on the local economy.

12.2 Policy AGR1 reflects the emphasis that national planning policy places upon sustaining the rural economy and protecting the countryside. All Wirral's rural areas fall within the Green Belt. Opportunities for economic diversification are, therefore, more restricted than in many other areas of open countryside. Under these circumstances it is of even greater importance to ensure that the physical conditions necessary to sustain a viable agricultural economy are given appropriate weight when considering the future pattern of development.

12.3 In Wirral, over half the land currently used for agricultural purposes is classified within Ministry of Agriculture Fisheries and Food (MAFF) Agricultural Land Classification Grade 1, Grade 2 and Sub-Grade 3a. National planning policy guidance indicates that land of this quality is a resource of national importance which should normally be protected from development. Once lost to development it is rarely practicable to return such land to best quality agricultural production. Policy AGR1, therefore, places a priority on resisting the permanent loss of such land to non-agricultural uses.

12.4 Policy AGR1 also seeks to protect the structure of land holdings from the effect of severance or fragmentation arising from non-agricultural development. Even

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land of poorer quality may have special significance to individual farms, not least in terms of maintaining an established pattern of capital investment, supporting the more intensive use of other areas of land or contributing directly to the overall viability of the wider land holding. Proposals which would leave parcels of land incapable of beneficial agricultural use or which would leave the remainder of the farm incapable of giving a worthwhile return will, therefore, normally be resisted.

12.5 The direct loss of land is, however, not the only factor which may affect the continued efficiency and upkeep of farm holdings. Other forms of disturbance arising from adjacent development can have a number of operational implications for future cropping patterns or livestock husbandry. The Secretary of State's Strategic Guidance for Merseyside specifically states that development allowed near farms needs to be such as to avoid incompatible adjacent land use. Policy AGR1, therefore, also provides for the restriction of development likely to cause unacceptable disturbance to existing agricultural enterprise.

12.6 The priority attached to the protection of agricultural enterprise expressed within Policy AGR1 not only reflects the continuing importance of agriculture to the local economy but also reflects the special contribution that agriculture makes to maintaining the character and landscape of Wirral's rural areas.

Policy AG1 - Development and Agriculture

In assessing the siting, design and layout of proposals for new development near existing agricultural land holdings, the Local Planning Authority will need to be satisfied that appropriate measures have been taken in order to: (i) protect the operational needs of continued and viable agricultural enterprise within the area; (ii) minimise direct or indirect disturbance to existing agricultural land uses; (iii) take the main focus for public recreation away from areas used for agricultural production.

POLICY AG1 - REASONED JUSTIFICATION

12.7 Policy AGR1 provides for the general restriction of proposals likely to give rise to unacceptable disturbance or nuisance to agricultural enterprise. Policy AG1 reiterates this requirement but additionally sets out detailed criteria to ensure that all proposals for non-agricultural uses are sited and designed in such a way as to minimise the potential for harm to local agriculture.

12.8 New development, especially of a directly urban nature, can introduce new factors into an agricultural setting which can affect the continued efficiency and upkeep of an adjacent farm holding. These can include noise, increased trespass, vandalism, and other direct or indirect interference with crops, machinery and livestock and the day-to-day running of the farm. In severe

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circumstances certain areas of land can be rendered unsuitable for the purposes for which they were originally used.

12.9 Such difficulties can be reduced by separating incompatible land uses, providing appropriate landscaping and boundary treatments, and by providing for a layout which makes a more distinct separation between the remaining agricultural area and the new area of development. The adequacy, design and location of land for public recreation is often an important factor in drawing the focus of activity away from the agricultural unit. Policy AG1, therefore, intends to ensure that the design, layout and nature of new development is appropriate to the nature of agricultural enterprise nearby and that every opportunity is taken to safeguard continued agricultural production.

Policy AG2A - The Protection of Best Quality Agricultural Land

In order to protect Wirral’s best and most versatile agricultural land, proposals involving the Development for non-agricultural use of purposes will only be permitted on land classified within Grade 1, Grade 2 and sub-Grade 3a of the MAFF Agricultural Land Classification must, before permission is granted, where it can be demonstrated that:the extent to which it would be practicable to return the land to its former quality if the development took place. (i) the proposal would not prevent a future return to use as best quality agricultural land; or (ii) the proposal could not be accommodated on previously developed land or on land within the existing urban area; and (iii) the proposal could not be accommodated on an area of poorer quality agricultural land, classified below sub-Grade 3a. In assessing the scope for a future return to the best quality agricultural land, particular regard will be paid to: (a) the siting and extent of hard development proposed; and (b) the extent and depth of disturbance to soil structure.

POLICY AG2A - REASONED JUSTIFICATION

12.10 Policy AGR1 provides for the protection of Wirral's best and most versatile agricultural land. Policy AG2A re-iterates this principle and sets out the detailed criteria that the Local Planning Authority will apply when dealing with individual planning applications. The objective of Policy AG2A is to prevent the unnecessary and permanent loss of good quality agricultural land which otherwise, if made available for use by the farming community, could continue to be farmed productively with few constraints.

12.11A The Agricultural Land Classification, originally devised by the Ministry of Agriculture, Fisheries and Food, grades the quality of agricultural land to reflect its productive capacity. Land falling within Grade 1, Grade 2 and sub-Grade 3a is recognised to be the most productive and flexible land in the Country. It is best

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suited to adapt to the changing needs of agriculture and is, therefore, considered to be a resource of national importance. National planning policy guidance indicates that considerable weight should be given to protecting such land from development and from other uses which would prevent a return to best quality agricultural use.

12.12A In Wirral, over half the land currently used for agricultural purposes is classified within Grade 1, Grade 2 and sub-Grade 3a, and its distribution throughout the Borough is illustrated on Map 2. Land of this quality is of prime importance for the future of farming in Wirral and is therefore specified for protection within Policy AG2A. The only exceptions are is where proposals for non-agricultural uses would not preclude a return to agricultural use at some time in the future or where it can be demonstrated that the development proposed cannot be accommodated in any other way, on previously developed land, on land within the urban area or on land of a lower grade.

12.13 The most important factors for retaining the potential value of the land for agriculture are the minimisation of hard development and the prevention of damage to soil structure. These are identified within Policy AG2A as factors to which the Local Planning Authority will pay special regard when assessing whether a return to best quality agricultural use can be realistically safeguarded.

Policy AG3 - Controls for Agricultural Permitted Development

The Local Planning Authority will require to exercise prior approval over agricultural permitted development where the development proposed would be: (i) in an isolated location or prominently visible over a wide area or from the main road network shown on Map 3; or (ii) liable to affect an Area of Special Landscape Value, site of archaeological importance, Listed Building, Conservation Area, site of importance for nature conservation or falls within an area liable to flood. The Local Planning Authority in exercising the power of prior approval will require that development: (iii) avoids unnecessary intrusion into the skyline, is well related to the existing farmstead in terms of scale, dimensions and alignment, or is otherwise designed and located so as to minimise visual intrusion in the local landscape; and (iv) avoids a detrimental impact on sites or areas of special value or importance for wildlife or conservation which are the subject of protective policies elsewhere within the Plan.

POLICY AG3A - REASONED JUSTIFICATION

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12.14 Most types of agricultural development are permitted without the need for planning consent under the General Development Order 1988 (as amended). However, proposals may need to be submitted in order to determine whether the Local Planning Authority will require to exercise prior approval over matters related to access, siting, design and external appearance.

12.15 Prior approval will not always be required. Policy AG3A, therefore, sets out the general circumstances where the Local Planning Authority will seek to exercise these controls. It also indicates the issues which the Local Planning Authority will in particular wish to address. These predominantly relate to the protection of landscape character, the prevention of visual intrusion and the protection of other sensitive areas, such as sites of importance for geology, wildlife, or archaeology, which are identified for special protection elsewhere within the UDP.

12.16 The objective of Policy AG3 is not to prevent development required for agricultural purposes but to ensure that it is carried out sensitively and with full respect for the principles of conservation and protection expressed elsewhere within the UDP.

Policy AG4 - The Control of Agricultural Development

In considering proposals for new development required for agricultural purposes the Local Planning Authority need to be satisfied that: (i) adequate provision is made for highway access, on site parking and the safe manoeuvring of vehicles and machinery; (ii) adequate measures have been taken in order to minimise visual intrusion within the local landscape, in terms of scale, siting, design and external appearance and that there are appropriate landscaping proposals; (iii) the structures proposed do not significantly prejudice the amenity of neighbouring property un-related to the agricultural holding; and (iv) designated nature conservation sites or Listed Buildings are not adversely affected.

POLICY AG4 - REASONED JUSTIFICATION

12.17 Not all agricultural development has the benefit of permitted development status and proposals requiring planning consent will, therefore, be subject to the normal controls set out elsewhere within the UDP. New development for agricultural purposes is, however, appropriate within the Green Belt. Policy AG4, therefore, seeks to regulate such development in order to minimise its visual and operational impact and includes protection for the amenity of property which is not a part of the agricultural holding to which the application relates.

12.18 Policy AG4 specifically requires all new agricultural development to be well integrated within the local landscape. This should be achieved by a mix of

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careful siting and design, the sensitive choice of colour and materials, and, where necessary, by additional planting. New free-standing structures should normally be avoided and wherever possible new buildings should be well related to existing development in terms of scale, dimensions and alignment. Where free-standing development cannot be avoided, landscape considerations will be of heightened significance. In line with Policy LAN1, new development will only be permitted where the Local Planning Authority is satisfied that the visual impact of the proposals can be adequately controlled and is acceptable in terms of retaining the overall character of the wider area.

Policy AG5 - Criteria for Agricultural Nuisances

In determining proposals for new agricultural livestock units, facilities for the storage of slurry or sewage sludge, or for animal waste processing, the Local Planning Authority will have to be satisfied that the potential for nuisance to residents or other users of non-agricultural land and property nearby can be brought within acceptable limits before permission is granted. Favourable consideration will be given to proposals that are required to comply with improved environmental standards.

POLICY AG5 - REASONED JUSTIFICATION

12.19 Agricultural livestock units and related agricultural facilities do not normally require planning consent unless they are to be located within 400 metres of a "protected building". This reflects their potential to cause nuisance, especially with regard to noise and odour. Policy AG5, therefore, sets out the criteria that the Local Planning Authority will apply in considering such proposals.

12.20 Agricultural facilities of this nature can be particularly unacceptable near residential areas, schools or other similar non-agricultural premises where people are normally present for long periods during the day or night. Policy AG5, therefore, restricts them unless appropriate measures to minimise the potential for nuisance can be secured. To be acceptable, however, these measures must bring the likelihood of nuisance to levels which are compatible with the nature and sensitivity of the surrounding area. Such controls will normally be the subject of planning conditions, or where necessary legal agreement, regulating the design or future operation of the site.

Policy AG6 - Development Near Agricultural Nuisances

Proposals for non-agricultural uses, which owing to their location and nature would be particularly sensitive to nuisance from an existing agricultural livestock unit, facility for the storage of slurry or sewage sludge or for animal waste processing will not be permitted if the proposal is likely to significantly prejudice the amenity of the future occupiers or users of the land.

POLICY AG6 - REASONED JUSTIFICATION

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12.21 The principle of separating incompatible uses, which underlies the protection given to "protected buildings" within the General Development Order and under Policy AG5, also applies in reverse. Policy AG6, therefore, prevents new non- agricultural development which would clearly be incompatible with an existing agricultural land-use. The objective of Policy AG6 is to prevent the introduction of uses which would lead to additional constraints upon the future operation of what would otherwise be an appropriately located agricultural facility.

Policy AG7 - Agricultural and Horticultural Retailing

The Local Planning Authority will permit farm based retailing as part of a farm diversification proposal providing that the development satisfies the following criteria: (i) the proposal must not exceed 100 square metres of net retail floorspace and must be in a position that relates well to the surrounding area and/ or property; (ii) the proposal should utilise existing agricultural buildings; (iii) there must be adequate access to the highway network, sufficient to accommodate estimated peak traffic flows; (iv) appropriate parking must be available for cars and delivery vehicles, in accordance with Policy GB3; (v) the amenity of neighbouring property is not seriously affected; and (vi) adequate landscaping is provided.

POLICY AG7 - REASONED JUSTIFICATION

12.22 National guidance seeks to encourage farm-based diversification especially where proposals can be shown to both benefit economic activity and maintain or enhance the rural environment. In these terms, farm-based retailing can be acceptable where proposals are small in scale, appropriate in design and layout and otherwise in line with Green Belt objectives.

12.23 Policy AG7, therefore, sets out the criteria that the Local Planning Authority will apply to proposals for farm-based retailing in order to ensure that these requirements are properly satisfied before permission is granted.

Policy AG8 - Criteria for Equestrian and Livery Activities.

Proposals for new livery stables or other commercial equestrian activities involving the overnight accommodation of horses located within the Green Belt will only be permitted where: (i) an existing residential property or existing property suitable for conversion to residential use is available on or nearby the site;

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(ii) the buildings proposed would not be visually intrusive within the surrounding area in terms of their scale, siting, design or external appearance; and (iii) adequate provision has been made for highway access and on- site car parking necessary to accommodate visitors to the site. Ancillary uses such as open storage and the setting out of jumps and circuit areas will primarily be determined in terms of their impact upon the character and visual appearance of the area and, where necessary, their impact will be regulated by means of appropriate planning conditions.

POLICY AG8 - REASONED JUSTIFICATION

12.24 Equestrian activities are an increasingly popular form of countryside recreation and along with commercial livery services are often considered to be acceptable within an agricultural setting. These uses can not only introduce new opportunities for employment and for the diversification of the rural economy but can also provide an acceptable conversion of formerly agricultural premises.

12.25 National planning policy guidance indicates that as with all proposals within rural areas, special care should be taken to minimise the effect of development involving horses upon the appearance of their surroundings. Policy AG8, therefore, sets out the criteria which the Local Planning Authority will normally apply to such proposals. These criteria primarily relate to normal considerations related to visual impact and highway and servicing arrangements. However, they also include the availability of residential accommodation.

12.26 Depending on the scale and nature of livery stables and equestrian activities involving the overnight accommodation of horses, it is often necessary for residential accommodation to be available nearby to enable someone to supervise the welfare and safety of horses throughout both day and night. New dwellings are, however, not normally acceptable within the Green Belt. Nevertheless, the presence of uses requiring constant supervision often makes it difficult to resist subsequent applications for new buildings which would otherwise be unacceptable. Policy AG8, therefore, seeks to ensure that new horse related developments are not allowed to develop in locations currently lacking suitable accommodation in order to prevent the proliferation of new dwellings within the Green Belt.

Proposal AG9 - Fender Farm Riding School and Stables, Moreton

The above site, as shown on the Proposals Map, is allocated for an equestrian centre, consisting of riding school, stables and ancillary buildings, including an indoor arena, outdoor arenas and ancillary dwellings required solely for the management of the equestrian centre. PROPOSAL AG9 - REASONED JUSTIFICATION

12.27 Land to the east of Fender Farm, Moreton, is allocated for residential development under Proposal HS3, subject to the satisfactory re-location of the

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existing equestrian facilities. Proposal AG9 is intended to ensure that land sufficient to accommodate the re-location of the existing equestrian facilities is reserved within the existing farm complex.

12.28 The re-location of the existing equestrian facilities, to the site identified under Proposal AG9, will be secured by legal agreement.

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13. NATURE CONSERVATION

PART ONE POLICY

POLICY NCO1A - REASONED JUSTIFICATION

13.1 Natural and semi-natural habitats are a diminishing resource in Wirral. They now account for only 11% of the Borough’s land area. Nevertheless, many of Wirral’s remaining natural habitats are of special value for nature conservation. Indeed English Nature (The Nature Conservancy Council for England) consider that “of the fifteen boroughs of Merseyside and Greater Manchester, Wirral ranks as one of the highest in terms of quality and accessibility.” Natural habitats do not, however, only have scientific value. They form an essential part of the distinctive natural beauty, attractiveness and varied interest of the Borough.

13.2 National planning policy guidance recognises that providing for the conservation of wildlife is an essential task for Government. The key to the protection of wildlife is, however, the protection of the habitat on which it depends. Important nature conservation sites are rare. Few are replaceable once lost. Policy NCO1A, therefore, expresses the intention to protect important habitats and other significant natural features from permanent damage.

13.3 At the national and international level, the procedure for recognising important sites is already established through formal designation in accordance with agreed scientific criteria. These sites represent areas of outstanding value for wildlife and conservation. In Wirral, such sites include the majority of the intertidal coastal and estuarine areas, coastal cliffs and dunes within the remaining natural coastline of the Dee Estuary, and areas of lowland heath, species-rich unimproved grassland and ancient woodland. Local Planning authorities are required to provide for the continued protection of such sites and this is, therefore, specifically provided for within Policy NCO1A.

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13.4 Areas of special importance for wildlife and earth science are not, however, only confined to sites designated under national or international procedures. Rare species of plants and animals protected under national wildlife legislation are, for example, also found in many locations throughout Wirral which fall outside formally designated areas. Policy NCO1A, therefore, also allows for the protection of sites which may not qualify in the terms of national criteria but which may nevertheless be of great significance within a more local or sub-regional context.

13.5 Impacts on sites of nature conservation importance can be both direct, such as construction activity, and indirect, such as upstream development affecting a river SSSI. The approach towards such sites has to be precautionary and Policy NCO1A aims to protect sites from both direct and indirect adverse impacts. Where appropriate, applicants will be required to demonstrate that proposals, both within and outside designated sites, will not adversely affect the integrity of sites of importance for nature conservation or earth science.

13.6A Policy NCO1A also provides for the protection of important wildlife corridors and for the retention of other linkages which may contribute to the continued viability of the wider network of wildlife sites throughout the Borough. Many Wwildlife sites, even those with greatest value and diversity, cannot exist in isolation, but are sustained as part of a network of interrelated habitats and other natural and semi-natural features. Linear continuous structures, for example, such as rivers with their banks, rural footpaths, hedgerows or other sites such as small woods or ponds, function as “stepping stones” for wildlife and are essential for the dispersal of species and the continued replenishment of designated sites. In accordance with Policy NCO1A, the Local Planning Authority will pay particular regard to the need to protect such features when granting planning permission and will, where appropriate, normally seek their retention as a condition of planning consent

Policy NC1 - The Protection of Sites of International Importance for Nature Conservation

Development proposals which may affect a European Site, a proposed European site or a Ramsar site will be subject to the most rigorous examination. Development proposals, either individually or when combined with others, which seem likely to significantly affect a European Site, a proposed European site or a Ramsar site, and which are not directly connected with or necessary to site management for nature conservation, will be assessed in terms of the nature conservation objectives for the site. Development proposals identified as having an adverse effect on the integrity of the site will not be permitted, except when: (i) there are no alternative solutions; and

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(ii) there are imperative reasons of overriding public interest, including those of a social or economic nature, which are sufficient to override the ecological importance of the site. Where a European site hosts a priority natural habitat type and/ or a priority species, development proposals will not be permitted unless the Local Planning Authority is satisfied that it is necessary for reasons of human health or public safety or for beneficial consequences of primary importance to the environment. In the case of European sites, development proposals satisfying these requirements will be subject to planning conditions and/ or planning obligations in order to secure any compensatory measures necessary to protect the coherence of the network of European sites.

POLICY NC1 - REASONED JUSTIFICATION

13.7 As signatories to international conventions and the Directives of the European Union, the UK Government is obliged to make special provision for nature conservation in relation to certain types of species and habitat. These obligations normally fall on national government. However, it is important that any local land-use implications are identified within the UDP to enable applicants to be made aware of any increased responsibilities that may fall upon proposals located within or adjacent to a specially designated area. Policy NC1, therefore, sets out the approach that the local planning authority will normally adopt towards applications within or adjacent to areas where international designations apply.

13.8 Where the Local Planning Authority consider that a proposal might affect a designated or candidate international site, the applicant will be required to provide additional information on the environmental impact of the proposal in order to enable a full assessment of the proposal on the integrity of the site to be undertaken. In particular, it will be important for an applicant to demonstrate that the proposal does not conflict with the nature conservation objectives for the site. This information will be in addition to any statutory Environmental Assessment which may be required.

13.9 Designations made to meet international obligations are normally made with reference to internationally agreed scientific criteria. Many internationally designated sites are already recognised as sites of national importance for nature conservation. However, the conservation objectives associated with such designations often introduce requirements which go beyond those normally attached to national sites of conservation importance. These objectives vary from convention to convention. Policy NC1 indicates that the Local Planning Authority will not permit proposals which, when assessed in terms of the conservation objectives for the site concerned, are identified as having a significant affect on the integrity of the site, except in the circumstances highlighted, which reflects national guidance relating to European sites.

Proposal NC2 - Sites of International Importance for Nature Conservation

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The following are sites of international importance for nature conservation. Their boundaries are shown on the Proposals Map: 1. The Dee Estuary Wetland of International Importance and Special Protection Area 2. The Mersey Estuary Wetland of International Importance and Special Protection Area 3A. Mersey Narrows and North Wirral Foreshore proposed Special Protection Area and proposed Ramsar site 4A. Dee Estuary proposed Special Area of Conservation Proposals which have potential to damage the nature conservation interests which underlie the designation of these sites will be dealt with in accordance with Policy NC1.

PROPOSAL NC2 - REASONED JUSTIFICATION

13.10 Policy NC1 provides for the special protection of areas designated by the UK Government under international conventions or under the Directives of the European Union. Proposal NC2, therefore, lists those sites to which international obligations for conservation are known to apply.

13.11 The Dee Estuary has been designated as a Wetland of International Importance under the Ramsar Convention and as a Special Protection Area under the EC Wild Birds Directive (79/409/EEC) in recognition of it’s importance for wintering wildfowl and waders. It regularly supports internationally important numbers of wintering shelduck, teal, pintail oystercatcher, knot, dunlin, black-tailed godwit, curlew, redshank and turnstone and nationally important numbers of wintering scaup, grey plover, sanderling and breeding little tern.

13.12 The Mersey Estuary is similarly designated as a Wetland of International Importance under the Ramsar Convention and as a Special Protection Area under the EC Wild Birds Directive (79/409/EEC). The Estuary supports internationally important populations of wintering Shelduck, Teal, Pintail, Dunlin and Redshank, together with nationally important numbers of wintering Widgeon, Grey Plover, Black-Tailed Godwit and Curlew.

13.13 As designated Special Protection Areas, the Dee and Mersey Estuaries form part of the Natura 2000 network under the EC Habitats Directive (92/43/EEC). National Governments are specifically required to protect such areas in order to avoid any deterioration of the natural habitat and to prevent disturbance to the species for which the area has been designated, unless the project is of overriding public interest and appropriate compensatory measures can be secured.

Policy NC3 - The Protection of Sites of National Importance For Nature Conservation

Development proposals likely to affect, directly or indirectly, sites of national importance for nature conservation will be subject to special scrutiny and will not be permitted unless it can be demonstrated that the reasons for the development clearly outweigh the nature conservation or

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earth science value of the site and the national policy to safeguard the national network of such sites. Where such development proposals are to be approved, the Local Planning Authority may impose planning conditions and/ or planning obligations to secure the protection and enhancement of the site’s value for nature conservation or earth science. In this respect the Local Planning Authority will need to be satisfied that: (i) the development proposals are sited and designed in such a way as to conserve the integrity of the site; (ii) adequate provision has been made to minimise the potential for damage or injury to any part of the site during construction and after the development proposed is occupied; and (iii) adequate measures have been taken in order to safeguard compliance with these requirements and where appropriate to provide for the reinstatement of damaged areas.

POLICY NC3 - REASONED JUSTIFICATION

13.14 Policy NCO1 provides for the protection of sites which can be demonstrated to have national importance for nature conservation or earth science. These sites are designated by English Nature under the Wildlife and Countryside Act 1981 (as amended) and are subject to additional legal controls, outside the Town and Country Planning Acts, which are intended to preserve special features from damage. As planning consent can, under certain circumstances, override this protection, national planning policy guidance recognises that provision for their continued protection also needs to be incorporated within the UDP.

13.15 Policy NC3, therefore, sets out the criteria that the Local Planning Authority will normally apply when considering proposals which may affect such sites. This specifically includes proposals which, although located outside an area designated for protection, may, owing to their nature or proximity, have direct or indirect implications for the continued preservation of the relevant feature, habitat or species. Policy NC3 does not, however, exclude the prospect of development altogether. Consistent with national planning guidance, only proposals which would cause significant and irreversible damage to features specifically designated for protection will be restricted. This will, therefore, only apply to proposals where damage would be inevitable, or where it could not be adequately prevented by measures such as planning conditions, management agreements or other legal controls.

Proposal NC4 - Sites of National Importance for Nature Conservation

The following sites have been designated as Sites of Special Scientific Interest under Section 28 of the Wildlife and Countryside Act 1981 (as amended). Their boundaries are shown on the Proposals Map.

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Applications for development with potential to have an adverse affect on the nature conservation importance of these sites will be determined in accordance with Policy NC3 : 1. The Dee Estuary 9. Dibbinsdale, 2. The Mersey Estuary Bromborough 3. North Wirral Foreshore 10. Meols Meadows, 4. Red Rocks, Hoylake Moreton 5. Dee Cliffs, Thurstaston 11A. New Ferry 6. Heswall Dales 12A. Mersey Narrows 7. The Dungeon, Heswall 8. Thurstaston Common

PROPOSAL NC4 - REASONED JUSTIFICATION

13.16 Sites of Special Scientific Interest (SSSIs) are designated under Section 28 of the Wildlife and Countryside Act 1981 (as amended) and represent sites of outstanding national value for wildlife, geology or landform. National planning policy guidance states that owing to their national significance development in or near an SSSI must be very strictly controlled. They are, therefore, identified under Proposal NC4 as sites to which Policy NC3 will apply.

13.17 SSSIs are formally notified to the Local Planning Authority by English Nature as biological or earth science SSSIs and special consultation arrangements apply to development proposals which are likely to affect them. Biological SSSIs are designated in order to set aside the best examples of the major natural or semi- natural ecosystems present throughout the Country so that their characteristic features and communities of plants and animals can continue to be maintained. Earth science SSSIs similarly represent the best, most typical or rarest examples of the landforms and geological features which they are chosen to illustrate.

13.18A Of the ten twelve SSSIs currently notified in Wirral only The Dungeon SSSI in Heswall is specifically designated for its value for earth science. The other designated areas contain rare or important examples of lowland heath, semi- natural and ancient broadleaved woodland, intertidal wetland and saltmarsh, clay cliff and bank habitat, sand dunes with brackish dune slack and reedbed, herb rich neutral grassland, damp unimproved neutral grassland, tall fen, reed swamp, and fen pasture. Sites at Thurstaston Common, Dibbinsdale, Heswall Dales and at Hilbre Island (within the Dee Estuary SSSI) are also specifically managed as statutory Local Nature Reserves.

13.19 The justification for the designation and boundary of each of the sites identified under Proposal NC4 is set out within the notification document issued by English Nature when the formal designation of each site was confirmed. It is not, therefore, repeated within the UDP itself, but can be inspected during normal working hours at the offices of the Local Planning Authority and at the offices of English Nature. Despite their international importance, the Mersey SSSI and Dee SSSI also appear within the Proposal NC4 list. This is because they contain additional features which do not qualify for protection under international designations, but which are nevertheless still of considerable national interest.

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Policy NC5 - The Protection of Sites of Local Importance for Nature Conservation

Outside areas protected under Policy NC1 and Policy NC3 the Local Planning Authority will protect habitats of special local importance for nature conservation where they represent scarce, rare or threatened habitat, good examples of habitats typical to Wirral, diverse or rich habitats which actively support a wide range of important species, or areas known to provide for the shelter, breeding or foraging of legally protected species. In evaluating proposals which may affect such habitats the Local Planning Authority will in particular consider: (i) the nature, layout, and density of development proposed; (ii) the impact on the long-term ecological viability of the habitat affected; (iii) the appropriateness of measures taken to minimise damage to the habitat and disturbance to wildlife; and (iv) the appropriateness of provision for the future maintenance of the site. Development affecting such habitats will only be permitted where the Local Planning Authority is satisfied that the continued ecological viability of the habitat or wildlife interest of the site can be adequately safeguarded by means of appropriate conditions and/ or legal agreements. Appropriate conditions will include, where necessary, the requirement to provide an adequate "buffer zone" of a scale and nature appropriate to the interest to be protected and the retention of linkages to other wildlife sites within the surrounding area.

POLICY NC5 - REASONED JUSTIFICATION

13.20 Policy NCO1A provides for the protection of areas which can be demonstrated to have local importance for nature conservation. Policy NC5, therefore, sets out the general criteria that will be used to judge whether a site contains features of local importance and the planning criteria that will be used in governing proposals likely to affect such sites. The objective of Policy NC5 is to ensure that the biological and wildlife value of land is fully taken into account and that any special features of importance are adequately protected as a condition of planning consent.

13.21 The criteria used to define local importance have been prepared by Cheshire Wildlife Trust in consultation with the Local Planning Authority and have been endorsed by English Nature. They are consistent with those used by neighbouring authorities in Cheshire and are intended to ensure that the definition of local importance is established upon a consistent and scientific basis. They therefore embrace habitats which are locally rare, typical, or

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especially diverse in terms of the range of plants and animal species regularly supported. They also include habitats known to play an essential role in the life cycle and continued preservation of protected species.

13.22 Policy NC5 will normally require such sites to be preserved undamaged within the layout and design of development proposals. Development does not always have to be incompatible with retaining the special wildlife interest of a site. Policy NC5, therefore, provides for issues such as the nature and layout of the proposals, and measures proposed to minimise direct damage and other related disturbance to be taken into account along with the special character, long-term viability and future maintenance of the site. Proposals will only be refused where their impact cannot be reconciled with conserving the ecological or wildlife value of the area.

13.23 Areas of special importance for nature conservation may be set aside as part of the overall contribution to landscaping and greenspace required under Policy GR5 and Policy GR6A, which can be found in Section 8 of the Plan, or as required under Policy WA2A, which can be found in Section 19. This approach, however, may not always be appropriate. This is especially the case where increased levels of public access would be incompatible with conservation objectives. In these circumstances, provision for accessible public open space should be provided, in addition, elsewhere.

13.24 A greater area of land than Policy GR5 or Policy GR6A would normally allow may also need to be set aside in order to protect the full expanse of the habitat concerned, to provide for a reasonable buffer zone to be retained and to retain any necessary natural linkages or corridors between the site and other areas of importance for wildlife within the surrounding area. Special attention will, in particular, be required in relation to preserving the natural character of ponds, watercourses and their margins, subject to Policy WA2A; trees and woodlands, subject to Policy GR7; and the requirements of protected species, which may be dependent upon neighbouring land as feeding and foraging areas.

13.25 The Local Planning Authority, in conjunction with the Cheshire Wildlife Trust and other interested parties, will continue to seek the co-operation of the landowner or tenant of each site of biological importance and provide advice, as necessary, on the protection of the nature conservation value of the site.

Proposal NC6 - Sites of Biological Importance

The following sites are areas of special local importance for nature conservation. Their boundaries are shown on the Proposals Map. Proposals which have potential to damage or disturb the habitat or wildlife interest of these sites will be dealt in accordance with Policy NC5: 1. Royal Liverpool Golf 3A. Caldy Hill, West Kirby Course, Hoylake (amended boundary) 2. Grange Hill, West Kirby 4. Stapledon Wood, West Kirby

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5A. Newton Common, West 40. Storeton Wood, Higher Kirby (amended Bebington boundary) 41. Old Sewage Works, 6A. Caldy Golf Course Clatterbridge (amended boundary) 42A. Willow Farm Ponds, 7. Caldy Hospital Thornton Common Grounds Road 8. Irby Common 43. Raby Mere 9. Irby Quarry 44. The Marfords, 10. Irby Pond Brookhurst 11. Harrock Wood, Irby 45. Bromborough Golf 12. Backford Road Pond, Course Pond Irby 46. Hargrave House Farm 13. Royden Park, Frankby ponds, Brookhurst 14. Roberts Wood, 47. Plymyard Dale, Thurstaston Brookhurst 15. Wirral Way (Caldy to 48. Lowfields, Eastham Heswall) 49. Holm Hill, West Kirby 16. Wirral Way (Heswall to 50A. Eastham Woods and Borough Boundary) Long Plantation, 17. Dungeon Pond, Eastham (amended Thurstaston boundary) 18. The Dungeon, 51. Old Hall Road Woods, Thurstaston Bromborough 19. Pipers Lane, Heswall 52. Woodslee Pond, 20. Quarry Road East, Bromborough Heswall 53A. Alma Street Goods 21. The Beacons, Heswall Yard, New Ferry 22. Wittering Lane, Heswall Butterfly Park 23A. Bushway The Dales 54. New Ferry Shore Heswall 55. Burrell Road, Prenton 24. Gayton Wood 56. Wirral Ladies Golf 25. Gayton Hall Wood Course, Noctorum 26. Backwood Hall Farm, 57A. Bidston Hill (amended Gayton boundary) 27. Raby Ponds 58. New Brighton 28. Benty Heath Lane Foreshore Ponds, Raby 59. Wallasey Golf Course 29. Willaston Copse, Raby and Leasowe Gun Site 30. Barnston Dale 60. Old Birket, Leasowe 31A. Murrayfield Hospital, 61. Leasowe Pond Thingwall (amended 62. Bidston Marsh boundary) 63. Sandbrook Lane Pond, 32. Manor Wood, Thornton Upton Hough 64 Paulsfield Drive 33. Thornton Hough Ponds Woodland, Overchurch 34. Stanley Wood, 65. Overchurch Park Landican Lane, Woodland, Upton Storeton 66. Leasowe Common 35. Rake Hey Covert Pond, 67. Meols Field Brimstage 68. Pasture Farm pond, 36A. Gorse Covert and Moreton Nicolson’s Plantation, 69. Upton Bridge Wood, Arrowe Park (amended Upton boundary) 70 Colley’s Farm, 37. Limbo Lane pond, Irby Thurstaston 38. Arrowe Brook Farm 71A. Lower Heath Wood Ponds, Greasby 72A Manor Farm Meadows, 39. Greasby Copse and Frankby Ponds

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73A Former RAF Camp, 75A Site of former Hotel Frankby Victoria, Lower Heswall 74A Prenton Dell and Claypit

PROPOSAL NC6 - REASONED JUSTIFICATION

13.26 Policy NC5 sets out the level of protection that will be given to sites which can be demonstrated to have special local importance for nature conservation. Proposal NC6, therefore, lists those sites which the Local Planning Authority consider merit protection under Policy NC5. The objective of Proposal NC6 is to ensure that potential applicants are aware of the location of areas known to be of special local importance for nature conservation and that their land-use implications can be fully taken into account when considering new proposals.

13.27 Sites currently identified as having special local importance for nature conservation are shown as Sites of Biological Importance (SBIs) on the Proposals Map and are listed under Proposal NC6. They have been identified by the Local Planning Authority based on advice and survey information provided by Cheshire Wildlife Trust, the Wirral and Cheshire Badger Group, the Merseyside and West Lancashire Bat Group and the British Trust for Ornithology.

13.28 SBIs reflect priority habitats, such as remnant areas of heathland, semi-natural non-plantation woodlands with species-rich ground flora, coastal dunes and other associated coastal habitats, non-agricultural or unimproved grassland, important groups of ponds retaining species diversity, and the few remaining wetlands such as bogs, swamps and marshes, which were identified as rare or under threat within the Wirral Habitat Survey. They also reflect ornithological value and contain sites and habitats known to regularly support protected and endangered species such as badgers, bats and newts.

13.29 Sites not currently identified, but which can be demonstrated to meet the criteria specified, will, therefore, also be subject to protection as SBIs under Policy NC5. Further information with regard to the selection of SBIs and the status of sites listed under Proposal NC6 can be found within Supplementary Planning Guidance Note 39.

Policy NC7 - Species Protection

Development which would have an adverse effect on wildlife species protected by law will not be permitted unless the Local Planning Authority is satisfied that the protection of the species can be secured through the use of planning conditions and/ or planning obligations.

POLICY NC7 - REASONED JUSTIFICATION

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13.30 Certain plant and animal species, including all wild birds, are protected under Part 1 of the Wildlife and Countryside Act 1981 (as amended). It is, therefore, an offence to ill-treat any animal; to kill injure, sell or take protected species (with certain exceptions); or intentionally to damage, destroy or obstruct their places of shelter.

13.31 The presence of a protected species is a material consideration. The Local Planning Authority will, therefore, only permit proposals likely to affect a protected species when its protection can be secured through the use of planning conditions or planning obligations. Additional protection is given to the feeding and foraging areas of some protected species through their designation as Sites of Biological Importance under Proposal NC6.

Policy NC7A - Ecological Surveys Planning applications likely to directly, indirectly or cumulatively affect a site of nature conservation or biodiversity interest ,whether designated or not, or a legally protected species, must be accompanied by an expert ecological survey and assessment which must: (i) be carried out at the appropriate time of year; and (ii) describe in full the nature conservation or biodiversity interest of the site and the likely impact of the development on these interests; and (iii) identify the mitigation or compensatory measures that will be included to offset any harm to nature conservation or biodiversity interests.

POLICY NC7A – REASONED JUSTIFICATION

13.31A Where a nature conservation or biodiversity interest, including a protected species, is likely to be affected by development, proposals for the protection and management of this interest, such as habitat creation, will be important material considerations when determining a planning application.

13.31B It is the responsibility of the applicant to consider whether or not there is a nature conservation interest, including legally protected species, on the site. In most cases this will require the applicant to commission an independent ecological survey.

13.31C In order that a survey gives an accurate representation of a site, it must be carried out by appropriately qualified persons and at the right time of the year. In the majority of cases, but not all, this will be in the spring and summer months. However, conditions and circumstances vary, and in the case of protected species, approval from DEFRA and/or English Nature and a formal licence for work will always be needed.

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13.31D Where it appears likely that a development will lead to the loss or damage of nature conservation of biodiversity interest, the Local Planning Authority will seek to impose conditions or enter into a legal agreement with the applicant. The objective will be to prevent any avoidable damage and to explore the potential to create or enhance areas of habitat, in line with local and regional biodiversity targets. Avoidance of harm, mitigation or compensatory measures may restrict the timing, phasing or working method of certain operations. This could potentially delay, constrain or prevent development.

Policy NC7B - Biodiversity Conservation and Enhancement Planning applications which will have a direct, indirect or cumulative adverse impact on the Borough’s biodiversity resources, particularly the habitats and species identified as priorities in national or local biodiversity action plans, will only be permitted where the Local Planning Authority is satisfied that:

(i) there is an overriding need for the development which outweighs the biodiversity interest; and

(ii) the loss of any biodiversity resource can be adequately compensated for and any lesser impacts can be satisfactorily mitigated. Development proposals should where appropriate positively contribute to the achievement of regional and local biodiversity targets through the retention, restoration, enhancement and management of habitats covered by these targets.

POLICY NC7B – REASONED JUSTIFICATION

13.31E The UK Government published the UK Biodiversity Action Plan in 1994, together with a series of action plans for habitats and species identified as national priorities. North West Regional Biodiversity Targets for the restoration and expansion of key terrestrial and coastal habitats have been identified by the North West Biodiversity Forum. Locally, a Wirral Biodiversity Partnership has been established with membership drawn from the public, private and voluntary sectors. A Biodiversity Action Plan for Wirral has recently been produced and can be viewed online at http://www.wirral.gov.uk/ed/biodiversity/home.htm. Wirral is also a member of the Cheshire Region Biodiversity Partnership and is covered by some of the species and habitat action plans contained within it’s “Countdown” document.

13.31F While being an important tool, the designation and management of sites of nature conservation importance cannot deliver all national, regional and local biodiversity objectives. Parks, green spaces, derelict land and even private gardens all potentially represent important elements of Wirral’s biodiversity resource. Policy NC7B aims to ensure that this wider biodiversity resource is not adversely affected by development proposals and that opportunities in new development proposals for habitat restoration and enhancement are maximised.

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Policy NC8 - Local Nature Reserves

Within formally designated Local Nature Reserves, proposals for small scale visitor facilities and similar developments essential to the management, study or enjoyment of the Reserve will be permitted providing they are unobtrusive, carefully designed and located and do not compromise the natural features of the Reserve and their value for nature conservation.

POLICY NC8 - REASONED JUSTIFICATION

13.32 Local Nature Reserves (LNRs) are designated under the National Parks and Access to the Countryside Act 1949. Their main purpose is to preserve the natural features of special interest in an area and to provide for the study, research and appreciation of nature. As part of the furtherance of these aims it is often appropriate to provide viewing areas, educational centres and other visitor facilities; providing these are small in scale, carefully designed and located, and do not compromise the special interest of the site. Policy NC8, therefore, makes specific provision for such development within both statutory LNRs and within informal nature reserves set up under the same basic principles, such as Red Rocks Marsh, Hoylake.

13.33 Wirral currently has four statutory Local Nature Reserves based upon the existing Sites of Special Scientific Interest at Hilbre Islands, Brotherton Park/ Dibbinsdale, Thurstaston Common, and Heswall Dales, and a further Reserve at Bidston Moss. All are managed by Wirral Borough Council’s Leisure Services and Tourism Department. These sites represent some of the most accessible and representative nature conservation habitats within the Borough and offer considerable potential for educational purposes.

Proposal NC9 - Dibbinsdale Nature Centre

Land at Woodslea, Brotherton Park is allocated for the development of a nature centre to provide an educational and interpretation facility for the Dibbinsdale Local Nature Reserve.

PROPOSAL NC9 - REASONED JUSTIFICATION

13.34 A proposal to develop a nature centre at Brotherton Park, Bromborough, is within the Council's approved capital programme but awaits resources to be formally allocated. The proposal complies with the provisions of Policy NC3 and Policy NC8 and is expected to be brought forward within the UDP period. The site is, therefore, allocated within the Plan and shown on the Proposals Map.

Policy NC10 - The Protection of Sites of Importance for Earth Science

The Local Planning Authority will safeguard sites of local importance for earth science not protected under other statutory designations where

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they represent significant exposures of Wirral's underlying geology, good examples of geological formations or geomorphological processes, and especially where they possess special value for education. The Local Planning Authority will only permit proposals affecting sites of local importance for earth science where: (i) the nature, scale, density and design of the proposal is compatible with retaining the earth science interest of the site; (ii) the proposal provides an opportunity to enhance the earth science interest of the site; and (iii) the proposal is compatible with public access to the site for educational purposes. Proposals which would damage or obscure a site of local importance for earth science or which would preclude continued public access to such a site will be refused.

POLICY NC10 - REASONED JUSTIFICATION

13.35 Policy NCO1 provides for the protection of sites which can be demonstrated to have special local value for earth science conservation. Policy NC10, therefore, identifies the type of site the Local Planning Authority will protect and sets out the criteria that will be applied to proposals which may damage or obscure them.

13.36 The significance of Wirral's exposed geology and geomorphology is unusual with respect to the surrounding area. This is because of the range of features available for study and the extent to which they have been retained without harm. Sites of importance do not, therefore, only include hard outcrops of rock exposed along Wirral's distinctive sandstone ridges, but also good examples of faults and other sedimentary features, glacial deposits, soft eroding coastal cliffs and other natural erosion features, as well as man made exposures in quarries and cuttings.

13.37 Development activity is not always incompatible with the conservation of important earth science features. Rock faces and outcrops, for example, can often be preserved within the design and layout of a proposal. Some development proposals can even enhance the scientific value of a site by exposing a new rock face or by bringing previously hidden features to view. However, in all cases it will be important that the features of greatest significance continue to be made accessible for the educational or research purposes which underlie the formal designation of many earth science sites. Policy NC10, therefore, normally permits development subject to these issues being satisfactorily resolved.

13.38 Where "improvements" to earth science sites are proposed, the Local Planning Authority will need to be satisfied that the action required would be genuinely appropriate in terms of the scientific characteristics of the site and will normally

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require this to be verified by a competent, independent authority on geology and the RIGs group before planning approval is considered. The Local Planning Authority may also seek legal agreement to provide for the appropriate recording of the site to take place as development progresses. This will especially be the case for proposals involving major excavations, where features of importance for earth science would be uncovered for a short period, only to be obscured once more through subsequent earth movement, tipping or other approved programmes of restoration.

13.39 The objective of Policy NC10 is to ensure that earth science features of special local importance are adequately protected from unnecessary loss or harm so that their enduring value for education, research and more general public enjoyment can be conserved or enhanced. Policy NC10, therefore, indicates that proposals which are not compatible with this approach will normally be refused.

Proposal NC11 - Sites of Local Importance for Earth Science

The following sites are sites of local importance for earth science. Their boundaries are shown on the Proposals Map. Applications for development with potential to have an adverse affect on these sites will be determined in accordance with Policy NC10: 1. Red and Yellow Noses, 8A. Thurstaston Hill and New Brighton Telegraph Road cutting 2. Grange Hill, West Kirby (amended boundary) 3. Irby Quarry 9. Dee Cliffs, Caldy 4. Mill Road, 10. Storeton Hill, Bromborough Bebington 5. Hilbre Point/Red Rocks, 11A. Bidston Hill (amended Hoylake boundary) 6. Hilbre (Main Island, 12. The Beacons, Heswall Middle Island, Little Eye 13A. Fault at Caldy Road, and Tansky Rocks) Hoylake, West Kirby Caldy 7. Caldy Hill, Thurstaston

PROPOSAL NC11 - REASONED JUSTIFICATION

13.40 Policy NC10 sets out the criteria that the Local Planning Authority will normally apply to proposals affecting sites of special local importance for earth science. Proposal NC11, therefore, lists those sites which the Local Planning Authority consider merit protection under Policy NC10. Sites not currently identified under the Proposal NC11 list, but which can be shown to meet the criteria specified, will also be subject to protection under Policy NC10.

13.41 A list of Sites of Local Geological Importance for Merseyside was originally published in 1983 by Merseyside County Council for protection through policies within the Merseyside Structure Plan. It was drawn up by the keeper of Geology at Merseyside County Museum in Liverpool in consultation with local geological societies. This list has now been revised by the Cheshire RIGS Group, co-

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ordinated by the Cheshire Wildlife Trust, in accordance with national guidelines for the identification of Regionally Important Geological and Geomorphological sites (RIGS) issued by English Nature. This revision now forms the basis of the Proposal NC11 list.

13.42 In a number of cases, sites of local importance for earth science also correspond to biological SSSIs listed under Proposal NC4 and SBIs listed under Proposal NC6. Where this occurs, the Local Planning Authority will normally consider biological and earth science characteristics as distinct and separate features of the site, unless the relationship between special biological characteristics and underlying geology cannot be separated.

13.43 Further information with regard to the selection of RIGs and the status of sites listed under Proposal NC11 can be found within Supplementary Planning Guidance Note 40.

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14. LANDSCAPE

PART ONE POLICY

POLICY LAN1 - REASONED JUSTIFICATION

14.1 The Wirral landscape, based upon the formal landscapes created by former large country estates and rural areas, natural coastal scenery, and wooded slopes related to Wirral's sandstone ridges, forms an essential part of the peninsula's natural beauty. The landscape is not, however, important in terms of visual values alone. Landscape quality also has special significance for the general image of the Borough and especially in terms of the promotion of tourism and the attraction of new investment.

14.2 The Local Planning Authority has a legal duty to provide for the conservation of the natural beauty and amenity of the Borough and to provide for improvements to the physical environment. Policies for landscape conservation and landscape renewal make an essential contribution to fulfilling this responsibility. Policy LAN1, therefore, sets out the general approach the Local Planning Authority will apply in order to regulate the impact of development upon the landscape.

14.3 National planning policy indicates that the countryside should be protected for its own sake, and the Local Planning Authority is required to highlight particularly important features of the countryside which should be taken into account in planning decisions. Policy LAN1, therefore, requires special attention to be given to preserving the character and appearance of landscapes which are considered to be amongst the most outstanding within the Borough, and to upgrading landscapes which are considered to be the amongst the worst. Within these identified areas, landscape conservation and landscape renewal will be considered to be a priority.

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14.4 Policy LAN1 does not, however, only apply to these specially identified areas. It also extends to all proposals which are likely to have an impact upon the character and appearance of the local and wider landscape. Neither does Policy LAN1 only include proposals located outside the urban area. Even within the urban area development proposals can often introduce intrusive features which can be visible across a wide area, detract from an adjacent area of high landscape quality or lead to an erosion of the characteristic landscape setting of the urban area itself. Indeed, in areas such as Noctorum, Mountwood, south Heswall and Poulton/ Spital, the character of the urban area forms an important part of the attractiveness of the wider landscape.

14.5 Policy LAN1, therefore, provides for proposals which would be intrusive within the local or wider landscape or which are otherwise poorly integrated within the setting of the area to be refused. This will also be held to apply to proposals which fail to provide adequate landscaping or which would result in the loss or erosion of existing landscape features without making appropriate replacement provision.

Policy LA1 - Protection for Areas of Special Landscape Value

The Local Planning Authority will protect the character and appearance of areas designated as Areas of Special Landscape Value from the adverse effects of development and will not permit proposals which would: (i) introduce new intrusive development within an otherwise open setting, especially along a prominent skyline or along the undeveloped coast; or (ii) result in the loss or erosion of distinctive landscape features, such as woodlands, hedges or trees, without appropriate replacement provision; and (iii) other proposals which, in terms of their siting, scale, form and external appearance, would detract from the appearance of the Area or intrude within important views into or out of the Area. Proposals for public utilities, telecommunications apparatus, the working of minerals or landfilling of waste, may be permitted where they would not cause unacceptable impact.

POLICY LA1 - REASONED JUSTIFICATION

14.6 National planning policy guidance indicates that it is for local authorities to determine the more specific policies that reflect the different types of countryside found in their areas. Policy LA1, therefore, sets out the criteria that the Local Planning Authority will apply to proposals located within areas which are identified as Areas of Special Landscape Value (ASLVs).

14.7 ASLV's are primarily designated for their scenic importance within the Borough. They represent outstanding landmarks and other characteristic landscapes

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which make a prominent or positive contribution to the distinctive image and attractiveness of the peninsula. The impact of new development upon their visual quality, therefore, merits careful consideration.

14.8 The primary objective of Policy LA1 is to ensure that landscape considerations are given special priority when considering new proposals which may affect an ASLV. Policy LA1 does not, however, exclude new development altogether. Instead, it seeks to regulate new development to ensure that the landscape framework and distinctive character of the locality continue to be protected. Policy LA1, therefore, only restricts proposals which would be inappropriate, visually intrusive, or which would lead to the loss or destruction of characteristic elements of the landscape. These controls will also apply to agricultural permitted development, subject to Policy AG3.

14.9 Intrusive public utilities, such as electricity pylons and overhead power cables, insensitively located telecommunications apparatus and other activities, such as large scale excavation and the landfilling of waste, can be especially destructive to landscape character. They are, therefore, specifically identified within Policy LA1 as uses which require special control within an ASLV.

14.10 Where, for example, in exceptional circumstances, technical and operational considerations dictate that otherwise intrusive development must be located within an ASLV, the Local Planning Authority will be concerned to minimise the environmental impact of such development. This will involve careful consideration of the precise siting, design, and screening of the proposals and of other mitigating measures, in order to offset as much harm to the landscape as can be realistically achieved in each case.

Proposal LA2 - Areas of Special Landscape Value

The following areas are identified as Areas of Special Landscape Value. Their boundaries are shown on the Proposals Map. Development proposals within these areas will be regulated in accordance with Policy LA1: 1. Bidston Hill 2. Dee Coast, including Heswall Dales, Thurstaston Common and Royden Park 3. Caldy Hill, including Stapledon Wood 4. Thornton Hough

PROPOSAL LA2 - REASONED JUSTIFICATION

14.11 Policy LA1 provides for the protection of the character and visual appearance of Areas of Special Landscape Value. Proposal LA2, therefore, lists those areas to which Policy LA1 applies. Proposal LA2 also reflects the Local Planning Authority's approach to use ASLV designation sparingly and only to landscapes of outstanding value within a Borough-wide context.

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14.12 The Dee Coastline ASLV, including Caldy Hill and the Thornton Hough ASLV, were originally designated as heritage landscapes within the Merseyside Structure Plan, which was approved in November 1980. They were considered to represent outstanding landscapes of County-wide significance which merited special protection in order to minimise the potential for damage from new development. These areas still make an important and positive contribution to the distinctive attractiveness of the peninsula. Proposal LA1, therefore, continues the level of control already established within statutory development plan policy, by identifying them for protection, subject to Policy LA1.

14.13 Bidston Hill is the only ASLV not previously identified within the Merseyside Structure Plan. It is a distinctive ridge of high ground, clothed in woodland, visually prominent across a wide area, which rises above Bidston Moss and the M53 Motorway, in stark contrast to the extensive, lowland plains of north Wirral. It is the northern outcrop of a wooded, sandstone ridge which continues through to Noctorum, Mountwood and Storeton. In addition to its considerable archaeological and historic associations and the fine views it offers of the rest of the Borough it is also undoubtedly a feature of considerable importance within the Wirral landscape meriting protection under Policy LA1.

Policy LA3 - Priorities for Areas Requiring Landscape Renewal

Within areas designated for landscape renewal, proposals which will secure positive improvements to the visual appearance of the area will be permitted where the nature of the proposals would be appropriate to the general character of the area and especially where they contribute to the achievement of the following objectives: (i) the screening, removal or enhancement of existing intrusive features; (ii) the re-establishment of appropriate landscape features and boundary treatment; and (iii) the beneficial use of under-used open land, appropriate with other designations within the area. Proposals which would introduce additional intrusive development or which would lead to a further loss of landscape features will not be permitted.

POLICY LA3 - REASONED JUSTIFICATION

14.14 National planning policy guidance indicates that it is for local planning authorities to determine the more specific policies that reflect the different types of countryside found in their areas. Policy LA3, therefore, sets out the criteria that the Local Planning Authority will apply to proposals located within areas which are identified as Areas Requiring Landscape Renewal (ARLRs).

14.15 ARLRs are areas of degraded landscape which detract from the image and attractiveness of the Borough. They are of heightened importance where they

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occur as extensive tracts of under-utilised land in prominent locations, easily visible from major thoroughfares and especially where they have potential to become considerable environmental assets. The primary objective of Policy LA3 is, therefore, to ensure that the need to renew the landscape is given special priority when considering applications for new uses within ARLRs.

14.16 While many initiatives for environmental improvement can be carried out without reference to planning powers, it is important that planning policies ease the way by establishing the land-use priorities within each ARLR. National planning policy guidance, for example, states that planning policies for areas requiring landscape renewal should seek to secure environmental improvements, allow for beneficial land-uses to be reintroduced and promote opportunities for increased public access and the provision of additional amenity for local residents. Policy LA3, therefore, seeks to reflect these concerns by restricting proposals which would lead to further damage to the visual appearance of an ARLR and by providing for new uses that will contribute towards the wider objective of landscape renewal.

14.17 To be acceptable under Policy LA3, proposals must also be appropriate to the general characteristics of the area concerned. For example, the Local Planning Authority will wish to differentiate between areas where the existing landscape structure no longer exists and an entirely new landscape structure needs to be established, and areas where an original landscape structure can still be recognised and merely needs to be redefined and enhanced. The significance of adjacent land-uses will also be a material consideration.

14.18 The Local Planning Authority may also, where appropriate, wish to consider opportunities for landscape enhancement as part of "planning gains" associated with adjacent developments, for example, by allowing greenspace contributions under Policy GR6 to be redirected to land outside the area to be developed. However, the need for landscape renewal will not be held to justify any relaxation of national Green Belt controls or policies related to other designations set out within the UDP.

Proposal LA4 - Areas Requiring Landscape Renewal

The following areas are identified as Areas Requiring Landscape Renewal. Their boundaries are shown on the Proposals Map. Development proposals within these areas will be regulated in accordance with Policy LA3: 1. The M53 Corridor and Bidston Moss 2. North Wirral Plain (Moreton) 3. North Wirral Plain (Hoylake)

PROPOSAL LA4 - REASONED JUSTIFICATION

14.19 Policy LA3 provides for landscape renewal and improvements to the visual appearance of areas identified as Areas Requiring Landscape Renewal

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(ARLRs). Proposal LA4, therefore, lists those areas to which Policy LA3 applies. All the ARLRs listed under Proposal LA4 were identified in the Merseyside Structure Plan, which was approved in November 1980, as areas of degraded landscape. While some progress has been made towards the aim of landscape renewal, achievements have been limited. They, therefore, still merit special consideration under Policy LA3.

14.20 The M53 Corridor, largely delineated by the floodplain of the Fender Valley, suffers from use as an urban services corridor. It contains two major landfill sites, the motorway, in flyover for most of its length, three major motorway junctions, the Bidston-Wrexham railway line, intrusive electricity pylons and overhead power lines, the route of the high pressure gas main and forms the final separation between the major urban areas of Wallasey and Birkenhead and the mid-Wirral settlements of Leasowe, Moreton, Greasby, Upton and Woodchurch. Remaining open land is predominantly characterised by "horsiculture".

14.21 Planning aims for the M53 Corridor ARLR should primarily relate to the area's role as Green Belt, maximising recreational potential wherever possible, and should relate to physical and visual improvements involving the planting of embankments and underused ground, the restoration of the landscape of formerly landfilled sites, the promotion of nature conservation, especially within the significant areas of wetland habitat in the north of the Corridor area, and the promotion of better footpath and bridleway linkages throughout the area.

14.22 North Wirral Plain in Moreton, is a low-lying, under-used, remnant agricultural and horticultural area situated to the rear of coastal embankments and partly within the floodplain of the River Birket. It also contains the pumping station and screening works for the North Wirral long-sea-outfall and is scarred by activities related to clay extraction and waste disposal. Highway access is poor and the area is isolated by the Liverpool to West Kirby railway line. However, its coastal location, proximity to Moreton, Meols, the North Wirral Coastal Park and local caravan sites, offers considerable recreational potential.

14.23 Planning aims for the North Wirral Plain ARLR in Moreton should involve limited provision for active sport, in order to serve the residential areas of north Moreton and Meols, but predominantly provide for quiet recreational use, in keeping with the coastal setting and with the nature conservation value of the area. Passive, water-based recreation may be especially suitable given the area's liability to flood but other improvements should, wherever possible, include the reintroduction of hedgelines and trees.

14.24 The North Wirral Plain in Hoylake, is another poorly accessed but extensive, low- lying area in the upper Birket Valley with a damaged landscape structure. Used for waste disposal in the past but restored to essentially rough ground, the area has continued to be subject to uncertainty arising from proposals for additional landfilling. Playing pitches and a waste transfer station delineate the urban edge and further inland a former RAF camp has been returned to agricultural use.

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However, while access for vehicles throughout the area is poor, provision for access by foot is generally good and could be further improved.

14.25 Planning aims for the North Wirral Plain ARLR in Hoylake are not radical. The area has low wildlife interest, agricultural use is more extensive and scope for diversification of land-use will be limited. There is, however, some scope for enhancing passive recreational use in the area, allied to improvements in the footpath network and for the reintroduction of hedges and trees where appropriate. The retention of remaining ponds within the area will also be a priority.

Policy LA5 - Criteria for Horse Shelters and Stables

Proposals for horse shelters and stables for non-commercial purposes will be permitted where all the following criteria can be satisfied: (i) the development would not be intrusive within the local landscape nor prejudicial to nature conservation interests; (ii) the development is appropriate to a rural setting, in terms of its scale, design, materials and external appearance; and (iii) at least 0.4 hectares of grazing land for each horse is available at the same location. When granting consent, the Local Planning Authority may impose a condition requiring a specific and identified area of land to be available at all times for the use of horses to be housed in the development proposed.

POLICY LA5 - REASONED JUSTIFICATION

14.26 Wirral has an exceptionally large horse population and the latest surveys available to the British Horse Society indicate that there is a higher concentration of horses in Wirral than in most other parts of the Country. The riding of horses and other related equestrian activities are also increasingly popular.

14.27 While facilities for horses used for agricultural purposes do not normally require planning permission, facilities for the keeping of horses for purposes not directly related to farming require formal planning consent. Such uses are appropriate to be located within the Green Belt. However, the Local Planning Authority considers it is necessary to control the scale and impact of horse-related development, especially in order to prevent the erection of discordant, urban- type structures and a proliferation of poorly located stables, shelters and other related small buildings throughout an otherwise open landscape. Policy LA5, therefore, specifically provides for horse-related development to be sited in order that its visual impact can be minimised and to be constructed of materials appropriate to a rural setting.

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14.28 Policy LA5 also specifically requires an area of open land to be set aside for the use of horses to be housed in the development proposed. This requirement not only serves to prevent over-grazing and to promote animal welfare, it also limits the number of buildings permitted within the open countryside and helps to ensure that a predominantly open aspect is retained within Green Belt areas. It is expressed as a minimum standard of 0.4 hectares for every horse, which is the metric equivalent to the one acre standard endorsed by the British Horse Society.

Policy LA6 - Criteria for Advertisements Outside the Urban Area

The Local Planning Authority will regulate advertisements outside the urban area in order to prevent the unsightly proliferation of signs, adverts, hoardings and other associated structures and to secure the continued preservation of the character of Wirral's rural areas. In assessing applications, the Local Planning Authority will have particular regard to: (i) the visual effect of the proposal on its surroundings; (ii) the local characteristics of the neighbourhood, including its landscape setting; and (iii) the siting of the proposal, in terms of its position in relation to the public highway.

POLICY LA6 - REASONED JUSTIFICATION

14.29 All outdoor advertisements affect the appearance of the building, structure or place where they are displayed and are, therefore, subject to specific regulations related to their impact on "amenity" and "public safety". This is especially important within rural areas, where the impact of an advertisement upon its surroundings can be especially significant and the character and appearance of the area can be easily spoiled by a poorly designed or insensitively placed advert. This potential for harm must, however, be balanced against the need for rural businesses to advertise their services and products.

14.30 While large poster hoardings are especially out of place outside urban commercial locations, it is difficult to be prescriptive about other forms of external advertising without being unduly restrictive. Policy LA6, therefore, sets out the general principles of care and restraint that will be exercised by the Local Planning Authority in operating advert controls in such areas. These principles predominantly relate to the preservation of rural character. Policy LA6 is, therefore, designed to avoid proliferation and to ensure that outdoor advertisements outside the urban area are in harmony with their immediate setting, in terms of local land contours, landscape character and other background features.

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Policy LA7 - Criteria for Development at the Urban Fringe

When considering new development at the edge of the urban area or in other locations which would be clearly visible from the open countryside, the Local Planning Authority will pay special regard to the visual impact of the proposals and will require that: (i) new buildings are sited, designed and landscaped, in order to minimise visual intrusion; (ii) proposals for boundary treatment are appropriate, in terms of the character of the surrounding landscape; and (iii) prominent features within the landscape framework of the area are retained and enhanced.

POLICY LA7 - REASONED JUSTIFICATION

14.31 Policy LAN1 provides for the visual impact of new development to be regulated in terms of its potential impact upon the local landscape. Visual impact can be especially significant at the urban edge where new buildings can often be intrusive and can dominate views across a wide area of open land. National planning policy indicates that the visual amenities of the Green Belt should not be injured by proposals for development which are within or conspicuous from the Green Belt. Policy LA7, therefore, sets out the criteria the Local Planning Authority will normally apply in order to soften the interface between urban townscape and to protect the setting of the open countryside.

14.32 In practice, the objective of Policy LA7 can often be achieved through the careful siting and design of buildings, appropriate landscaping, and through the choice of appropriate boundary treatments. However, the retention of existing landscape features and the location and design of open space can also be significant. Policy LA7 should, therefore, wherever possible, be considered in conjunction with measures required to meet other policies within the UDP.

14.33 Relevant examples include: the requirement to set aside adequate land for landscaping or as accessible public open space, in Policy GR5 and Policy GR6A, which can be found in Section 8 of the UDP; the requirement to minimise disturbance and nuisance to agricultural uses, in Policy AG1, which can be found in Section 12; and the requirement to provide a "buffer zone" to prevent damage to sites of nature conservation value, in Policy NC5, which can be found in Section 13 of the Plan.

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15. TRANSPORT

INTRODUCTION

15.1A The UDP gives the land use expression for transport schemes within the context of the Merseyside Local Transport Plan (LTP). The LTP is a statutory plan which is prepared by the five Merseyside District Councils and the Merseyside Passenger Transport Authority/Executive (Merseytravel). The LTP, together with its attendant Annual Progress Reports, is the major influence on government funding for local transport initiatives.

15.1B The LTP has four overriding aims which inform the policies and proposals of the UDP:

· to ensure that transport supports sustainable economic development and regeneration;

· to moderate the upward trend in car use and secure a shift to more sustainable forms of transport such as walking, cycling and public transport;

· to secure the most efficient and effective use of the public transport network; and

· to enhance the quality of life of those who live, work in, and visit Merseyside.

15.1C The LTP contains a detailed capital programme to 2006, and a transport strategy to 2011. A new LTP will be produced in 2005 to take both the investment programme and the strategy forward.

15.1D The UDP is also informed by the North West Regional Transport Strategy, which is an integral part of Regional Planning Guidance.

PART ONE POLICY

POLICY TRT1 - PROVISION FOR PUBLIC TRANSPORT IN CONSIDERING DEVELOPMENT PROPOSALS, THE LOCAL PLANNING AUTHORITY WILL GIVE EMPHASIS TO THE FOLLOWING KEY CONSIDERATIONS: (i) THE NEED TO MAKE BEST USE OF EXISTING TRANSPORT FACILITIES; (ii) THAT, WHERE APPROPRIATE, ADEQUATE PHYSICAL PROVISION IS MADE FOR PUBLIC TRANSPORT SERVICES AND FACILITIES WITHIN NEW DEVELOPMENTS; AND (iii) THAT THE DEVELOPMENT WOULD NOT PREJUDICE ANY PROPOSALS FOR DEVELOPMENT OF PUBLIC TRANSPORT SERVICES OR FACILITIES.

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POLICY TRT1 - REASONED JUSTIFICATION

15.1E A good transport system is vital to the functioning of the Borough and fundamental to its regeneration. This is endorsed in the Secretary of State’s Strategic Guidance, which states that “good road and rail communications are essential to the success of Merseyside”. Land-use policies and transport programmes should help to reduce growth in the length and number of motorised journeys, encourage alternative means of transport which have less environmental impact, and hence reduce reliance on the motor car. The overall aim of transport policy is to provide for the mobility needs of residents, visitors and local businesses by providing the most efficient transport system possible within Wirral.

15.2A The responsibility for public transport policy and financial support for passenger transport rests with the Merseyside Passenger Transport Authority and Executive (Merseytravel). Merseyrail Electrics operates the Merseyrail network under a franchise agreement to which administered by Merseytravel is a party, and Merseytravel directly operates the Mersey Ferries. Deregulation of bus services in October 1986 has transferred operations to the private sector, although Merseytravel may subsidise services according to social need. The Borough Council is the Local Planning Authority and Local Highway Authority. This separation of public transport and strategic planning functions, together with reduced policy influence over bus service operation means that a high level of co-operation between the Local Planning Authority and Merseytravel must be maintained to achieve integration of public transport and land-use planning.

15.3 A substantial part of Wirral is an area of low car ownership, particularly the inner urban area and outer Council estates. Even where households do own a car, it is not always available for all journeys. A majority of Wirral residents, therefore, rely on public transport for many of their travel needs. Provision of a cheap, reliable and efficient public transport system is, therefore, essential to cater for the mobility requirements of residents, and to the regeneration of the Borough.

15.4 The latest national road traffic forecasts from the Department of Transport indicate substantial growth in private road traffic over the UDP period. It would be both impracticable and environmentally undesirable to provide the necessary transport infrastructure to cater fully for this projected traffic increase. This further emphasises the need for enhanced public transport services.

15.5 The main function of the UDP in public transport provision is to provide the land- use context within which service maintenance and enhancement can take place. Policy TRT1 is designed, therefore, to ensure that the needs of public transport are fully taken into account in assessing development proposals.

Proposal TR1A - New Railway Stations

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The Local Planning Authority will reserve the land for new railway stations at the following locations: (a) on the Merseyrail network: 1. Eastham Rake, Eastham 2. Conway Park, Birkenhead 3. Townmeadow, Moreton (b) on the Regional Railways North West, Birkenhead-Wrexham line: 4. Beechwood, Birkenhead 5. Woodchurch Road, Birkenhead

PROPOSAL TR1A - REASONED JUSTIFICATION

15.6 Use of Wirral's Merseyrail system has increased in response to substantial capital investment and improvements to rail services, notably the Liverpool Loop and Link, the electrification of the line between Rock Ferry and Hooton, and the provision of a new station at Bromborough Rake.

15.7A Future developments will lead to increased patronage. The line from Hooton to Chester was electrified in 1993, and from Hooton to Ellesmere Port in 1994, allowing through services to these destinations from Liverpool. This justifies the provision of a new station at Eastham Rake. Proposed retail / leisure/ commercial development in central Birkenhead, as part of the Wirral City Challenge Initiative, will be is served by a new underground station at Conway Park, and further residential development at Moreton will support a new station at Townmeadow.

15.8A Proposals for the electrification of the Birkenhead - Wrexham line as far as Heswall or Neston, or possibly to Shotton High Level, together with a new link into the Merseyrail network at Bidston Junction are now being examined. programmed for the second LTP period (2006-2011). New stations at Beechwood and Woodchurch are justified by the size of the catchment populations in the vicinity of these locations.

Proposal TR2A - New Strategic Park and Ride Facilities

The Local Planning Authority will reserve the land for new major park and ride facilities at the following railway stations: 1. Leasowe 2. Hoylake 3. Bidston

Proposal TR3A - New or Extended Railway Car Parks

The Local Planning Authority will reserve the land for new or extended car parks at the following railway stations: 1. Bromborough

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2. Birkenhead Park 3. Spital 4. Bebington 5. Eastham Rake 6. Townmeadow 7. Woodchurch Road 8. Grove Road, Wallasey

PROPOSALS TR2A AND TR3A - REASONED JUSTIFICATION

15.9 In the past, considerable progress has been made in developing park-and-ride facilities within Wirral. The aim is to integrate transport modes more effectively, increase rail patronage and relieve road congestion. With the prospect of further development of the rail system, and to aid increased patronage, further development of such facilities is proposed.

15.10A A four hundred one hundred and fifty space facility is proposed at both Leasowe and Hoylake, both to cater for their respective its catchment populations and in the latter case to relieve congestion and on-street parking by commuters in Hoylake and West Kirby. Similar provision is proposed at Bidston, but the size of this facility has yet to be determined. In the cases of Hoylake and Bidston, the park-and-ride facility will be located within the Green Belt. Prior to development, therefore, exceptional circumstances will have to be proved to override normal Green Belt controls in order that these developments can proceed. The facilities would contribute to sustainable development objectives in that they provide for the maximum use of public transport infrastructure. In the case of Hoylake, this has already happened and planning permission has been granted. Construction of the facility is programmed for 2004/05.

15.11 At the stations listed in Proposal TR3A either new car parks or extensions to existing car parks are proposed to cater for both commuters and shoppers to relieve road congestion in Birkenhead Town Centre.

15.12A In the design of all car parks, particular attention will be paid to security, landscaping, and secure, covered cycle parking facilities.

Proposal TR4 - Birkenhead Central Bus Facility

A central bus passenger facility will be developed in central Birkenhead.

PROPOSAL TR4 - REASONED JUSTIFICATION

15.13 A further result of deregulation of bus services has been the rationalisation of bus stations within the Borough. Depots at Liscard and West Kirby have closed, and the Laird Street Depot is allocated for residential development under Proposal HS1/5. The Merseyside Development Corporation with Merseytravel has redeveloped Woodside bus station and within the New Brighton redevelopment

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strategy, relocated the facility at New Brighton from Virginia Road to Marine Promenade.

15.14 However, within the Borough's premier shopping centre at Birkenhead there is no such facility. This is recognised by the Local Planning Authority and by Merseytravel, and a new facility will be developed in the central area as part of the Wirral City Challenge Initiative.

PART ONE POLICY

POLICY TRT2 - REASONED JUSTIFICATION

15.15 Strategic Planning Guidance for Merseyside requires the District Councils to "define their main road network and identify proposed new links and major improvements".

15.16A Wirral's defined main road network is shown on Map 3. It has been defined in consultation with the Borough Engineer and comprises the following :

· Motorway · Trunk Road · Classified Roads · Unclassified Roads which nevertheless carry large volumes of traffic and/ or provide important links to, and between, the above.

15.17A Although impracticable and environmentally undesirable to cater fully for the projected increase in private road traffic, the importance of both the strategic and local highway networks to economic and urban regeneration is recognised. The need remains to identify a rolling programme of new highway construction and improvements to existing highways in order to aid movement, increase road safety and enhance the environment. Such schemes are brought forward through the Council's annual Transport Policies and Programme.Local Transport Plan The UDP can aid highway improvement by safeguarding the land required.

Proposal TR5A - Major Highway Schemes

The following major highway schemes are identified for implementation during the UDP period. These schemes can only be implemented if they meet the criteria in Policy TR8: 1A. Heron Road/ Saughall Massie Road Improvement and Diversion (Phases 1 and 3 2)

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1B. Heron Road/ Saughall Massie Road Improvement and Diversion (Phase 4) 1C. Heron Road/ Saughall Massie Road Improvement and Diversion (Phase 5) 2A. Central Birkenhead traffic management proposals, Birkenhead Town Link Diversion, and Mollington Link Extension 3A. Extension of the tramway from Woodside Taylor Street to Conway Park, Birkenhead. The following are identified as sites which exhibit traffic problems in relation to congestion at peak periods and vehicular/ pedestrian conflict. The situation will continue to be monitored, and detailed schemes may be drawn up in future to alleviate such unsatisfactory conditions: 4. Heswall Town Centre 5. Moreton Cross

Proposal TR6 - Minor Highway Improvements The following minor highway improvements are identified for implementation during the UDP period. These schemes can only be implemented if they meet the criteria in Policy TR8: 1. Woodchurch Road/Prenton Hall Road junction 2. Singleton Avenue, Birkenhead 3. Singleton Avenue/Borough Road junction 4. Borough Road/North Road junction 5. Borough Road/Balls Road East junction 6. Cross Lane Industrial Access Road 7. Bus Priorities - A41 and A552 Corridors 8. Hamilton Quarter Traffic Management Proposals 9. Park Road North/ Laird Street junction 10. Brimstage Road/ Church Road junction 11. Telegraph Road/ Station Road junction 12. Leasowe Road/ Gardenside junction 13. Leasowe Road/ Reeds Lane junction 14. St. James Road, Birkenhead 15. Wirral International Business Park Coastal Road 16. A 41 New Chester Road/ Pool Lane junction 17. A 41 New Chester Road/ Old Hall Road junction

PROPOSALS TR5A AND TR6 - REASONED JUSTIFICATION

15.18 The Local Highway Authority identifies highway schemes within the TPP in two categories - major schemes and minor works. Transport Supplementary Grant (TSG) is paid at a rate of 50% for eligible works as accepted by the Department of Transport. TSG is paid towards suitable major capital programmes for roads of more than local significance. The proposals above are those listed in the current TPP. In addition, further minor schemes, not listed in the UDP, may be identified and funded through block allocations in the future.

15.19 The DETR has introduced a more flexible system in funding local road schemes and public transport facilities in urban areas, through the “package approach”. The Borough Council has participated in a joint Integrated Transport Study, along with the other four Merseyside Districts, Merseytravel, the Merseyside

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Development Corporation and the Merseyside Task Force. The results of this major study now provide the strategic transport framework within which the five Merseyside District Councils and Merseytravel produce the annual Merseyside Package Bid for transport funding. From July 2000, the TPP system will be replaced by the Merseyside Local Transport Plan.

15.19A The schemes identified under Proposal TR5A will be brought forward through the Merseyside LTP for funding via block allocations. Other minor schemes will also be funded from block allocations throughout the lifetime of the reviewed UDP. The funding regime is an annual SCA as part of the Council’s Capital Pot.

PART ONE POLICY

POLICY TRT3 - REASONED JUSTIFICATION

15.20 Whilst the Borough Council fully recognises the paramount need for an efficient transport system and infrastructure in order to achieve the overriding purpose of economic and urban regeneration, it recognises that in many cases these facilities can be environmentally intrusive, visually, in terms of sound generation, and in terms of pollution and energy efficiency.

15.21 Therefore, the Local Planning Authority, in assessing proposals with implications for transport infrastructure and facilities, will have particular regard to the considerations outlined in Policy TRT3. Further details of these considerations are outlined below, in Part Two policies and proposals.

Proposal TR7 - Transport Corridor Environmental Improvements The Local Planning Authority, in conjunction with the relevant agencies, both public and private, within the UDP period will implement environmental improvement schemes along the following main transport

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corridors within the Borough. Special consideration will be given to the nature conservation value of land within these corridors: (a) Rail 1. Wrexham-Birkenhead line (Woodchurch to Bidston-M53 Corridor) 2. Birkenhead Park (Tunnel Portal) to Bidston 3. Birkenhead Central to Bebington (b) Road 4. M53 Corridor (Woodchurch to Leasowe/ Bidston) 5A. New Chester Road, A41(T) 6. Wallasey Bridge Road, Poulton Bridge Road and Poulton Bridge 7. Birkenhead Freeport Route - Duke Street to Wallasey Bridge Road 8. Birkenhead South/ North Route 9. Chester Street/ Woodside Gyratory/ Tower Road/ Dock Road/ Docks Link Road to M53 Motorway

PROPOSAL TR7 - REASONED JUSTIFICATION

15.22 Transport corridors provide the physical infrastructure for achieving personal mobility. They also provide access to Wirral for visitors and tourists. The visual impressions created by the corridors themselves and from them are important to the image of the Borough, which is a vital element in its economic regeneration. This is particularly the case with the M53 Motorway, with its visual impact on open land within the Green Belt.

Policy TR8 - Criteria for the Design of Highway Schemes In the design of new highway schemes and highway improvement schemes the Local Planning Authority will require particular attention to be paid to the following environmental considerations: (i) the scheme should avoid, if possible, the loss of the best and most versatile agricultural land (in MAFF Grades 1,2 and 3A), and not prejudice viable and efficient farm holdings; (ii) the scheme should not prejudice Areas of Special Landscape Value, SSSIs, SBIs, Urban Greenspace, common land, Listed Buildings, sites of archaeological interest and Conservation Areas; (iii) the scheme should provide for the needs and safety of cyclists and pedestrians; (iv) the scheme should include full landscaping proposals in accordance with Policy GR5, to minimise visual intrusion; and (v) wherever possible, existing landscape features should be taken into account in the design of the scheme.

POLICY TR8 - REASONED JUSTIFICATION

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15.23 Policy TR8 is designed to provide the criteria whereby environmental intrusion of new highway schemes and highway improvement schemes are minimised. It seeks both to protect areas of nature conservation and agricultural importance, and to address the more detailed design considerations which will minimise the scheme's effects on the environment.

15.24 Environmental intrusion of road traffic is increasingly recognised as a problem, both in terms of environmental nuisance and in its detrimental effects on road safety. Of particular concern is the presence of unnecessary traffic in residential and other sensitive areas, such as Conservation Areas and countryside areas, and in the vicinity of hospitals, elderly persons sheltered accommodation and other institutions and schools.

15.25A A range of traffic management measures are available to alleviate such problems. These may include waiting restrictions, one-way traffic systems, road humps, road closures, restricted access, or residents' parking schemes. The Local Highway Authority's intention is to has an ongoing programme of looking at all areas of the Borough over a period of time to determine the most appropriate measures for a particular area or problem, bearing in mind the needs of the area and the suitability of the existing main traffic routes.

15.26A The Local Highway Authority supports the Government's initiative to reduce road traffic accidents. by one-third by the year 2000. The Authority is identifying priority areas for detailed studies and will formulate and progress proposals for dealing with environmental intrusion of traffic and improving road safety on an area-wide basis. Priority areas will be are identified on the basis of known problems reported over a number of years and also in the light of problems arising from change within an area. Within the UDP period, it is anticipated that these priorities for remedial measures will change as a result of the continued monitoring of the situation throughout the Borough.

Policy TR9A - Requirements for Off-Street Parking In assessing the off-street parking provision associated with new development proposals, the Local Planning Authority will be guided by the following considerations: (i) the contribution of the proposal in supporting the general locational policies of the UDP; (ii) the impact on the competitive position of urban centres; (iii) the availability in the locality of alternative modes of transport; (iv)A the operational minimum and maximum level standard of car parking requirement associated with the proposed development; (v) road safety and traffic management issues in the locality of the proposal; and

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(vi) the likelihood of cars being parked on residential roads.

POLICY TR9A - REASONED JUSTIFICATION

15.27 The provision of off-street parking must be viewed in the context of overall transport policy, and particularly the need to reduce travel by the private car. The availability of car parking can have a major effect on the choice of mode of transport for journeys.

15.28 In locational terms, Policy TR9 is designed to reduce reliance on the car in areas which are well-served by public transport. Thus, not only is Policy TR9 designed to support the general locational policies of the UDP, but is also an important element in supporting urban centres and the Urban Regeneration Strategy. The Council has instituted measures to achieve this in the Borough's main shopping centres of Birkenhead and Liscard: in Birkenhead through car park pricing policies aimed at discouraging long-stay and commuter parking, a disc zone limited waiting scheme on-street, and further on-street parking restrictions; and in Liscard through similar car parking pricing policies; on-street parking restrictions and the phased introduction of residents' parking schemes on roads surrounding the centre.

15.29 Within appropriate parts of the inner urban area of the Borough, off-street residential parking requirement may be reduced where this would aid affordable high density development in areas to which other modes of transport have good access.

15.30 In order to further support urban centres, the Council will ensure that provision at peripheral commercial and retail locations is not so high as to significantly disadvantage these centres.

15.31A The Council will endeavour to ensure that parking requirements are kept to the operational minimum, and in line with national planning guidance, will not require a higher level of provision than developers themselves wish to provide, unless the maximum standards, or below. The only exception will be where it can be demonstrated that significant road safety or traffic management considerations would be compromised.

15.32A The Council’s approach will be strongly influenced by the maximum parking standards included in Regional Planning Guidance for the North West. Further guidance on provision for car parking is given in Supplementary Planning Guidance Note 41. It should be emphasised that the levels of provision outlined in the SPG are not standards, but are to guide developers on the levels of provision which the Local Planning Authority considers are compatible with its strategic aims. The levels of provision given are maximum levels.

15.33 All parking provision should provide spaces for disabled drivers, conveniently located and of adequate size. It is suggested that one disabled car parking

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space should be provided in any scheme, with additional provision at the rate of one for every fifty spaces.

15.34 The preferred size of parking bays is 5.5 metres long by 2.4 metres wide. A minimum of 4.8 metres in length may be acceptable. Space for wheelchair users should measure 3.6 metres wide by a minimum of 4.8 metres long.

15.35 In appropriate cases, where off-street parking provision is desirable but not practicable, the Local Planning Authority may seek to negotiate with developers to secure planning obligations with a view to obtaining commuted sums in lieu of provision. Such sums may be used to enhance public car parking provision, or to improve facilities for public transport access in the vicinity of the proposed development, depending on circumstances in the locality.

15.36 Many of the Borough's established retail centres suffer from a lack of off-street servicing facilities and opportunities for providing adequate rear servicing should be examined. New developments should provide for their own servicing needs where practicable, or unless adequate alternative facilities are available in the immediate vicinity.

Proposal TR10A - Cycle Routes The Local Planning Authority will develop the following cycle routes during the UDP period: seek to provide a network of cycle routes throughout built-up area, to serve both existing and future developments, to be implemented as part of a public programme of provision and through control over the design of new development. New highway and development proposals will be required to incorporate appropriate cycle facilities, to include a cycle network with connections to adjacent routes. For highway developments outside the built-up area, it may be appropriate for cycle facilities and routes to be provided on a different alignment to the highway improvement. Within the Plan period, to 2016, development of cycle networks will, in particular, include: (a) a publicly funded pilot development of comprehensive cycle networks, in a locality to be determined; and (b) the creation of the following linear routes for cyclists making longer inter-urban trips across the Borough, as shown on the Proposals Map: 1. The Wirral Coastal Route (Seacombe to Parkgate) 2. The Wallasey to Conway Park, Birkenhead Route 3. The Cross-Wirral Route (Moreton - Arrowe Park - Storeton - New Ferry) 4. The Seacombe - Liscard Route 5. Eastham Country Park to Port Sunlight Village 6. Saughall Massie Road/ Heron Road 7A. Eastham Country Park and Port Sunlight to 12 Quays/Seacombe

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8A. Upton to West Kirby New development along the line of these or an existing cycle routes will be required to incorporate such provision as is necessary to maintain the integrity of a continuous cycle route together with any associated facilities, such as signage and crossing points.

PROPOSAL TR10A - REASONED JUSTIFICATION

15.37A The Council is keen to see an increase in the use of bicycles in Wirral. Survey data indicates that there are now over 67,000 cycles in the Borough (an increase of 7% since 1987), yet Cycling accounts for only around two per cent of trips made. This suggests that there is considerable potential for expanding cycle usage. The phased and co-ordinated development of networks can bring benefits of investment, signing and road safety. Advance planning enables incorporation of cycling provision to be made as appropriate, providing economies in design and implementation.

15.38A This would bring a number of benefits: in environmental terms, cycling creates little pollution, is highly energy-efficient and reduces traffic congestion. Cycling also promotes good health and personal mobility, being accessible to almost everyone. However, cyclists are particularly vulnerable road users. Policies and proposals to improve provision for cyclists will not only improve the safety of those who already cycle but also the actual and perceived safety of all cycling and so encourage more people to use this mode of transport.

15.39A Provision of segregated cycle paths is one way of separating cycles from their main sources of danger - motor vehicles. However, they are costly and difficult to integrate into an already built-up area. One alternative is to devise cycle routes which utilise existing quiet back-streets with short stretches of cycle path constructed to provide "links" between streets where necessary. appropriate crossings of main roads to link two or more together. A section of route may use a suitably designed main road or cycle path constructed to provide a link. Such sections will normally be short. The Local Planning Authority in conjunction with the Local Highway Authority and local cycling organisations will devise, implement and publicise a network of on and off-road cycle routes for both utility and recreational use.

15.40 The routes listed in Proposal TR10A complement and in some cases incorporate existing provision, notably the bridleway network which cyclists are also permitted to use. The Council has adopted a Rights of Way Strategy which aims to maintain and enhance this network: implementation of the strategy will make an important contribution to provision for recreational cyclists in particular. Guidance on the design of cycle tracks is given in Supplementary Planning Guidance Note 42.

Policy TR11 - Provision for Cyclists in Highway and Development Schemes

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In assessing new highway proposals, improvement schemes and new major development proposals, the Local Planning Authority will negotiate with developers with a view to ensuring that: (i) the scheme includes a cycle audit to ensure that the scheme provides improvements to, or at the least has no negative impact on, the coherence, directness, safety, attractiveness and comfort of routes used by cyclists; (ii) the design of the proposal, including any traffic management measures such as traffic calming, provides a cycle-friendly infrastructure and does not have adverse safety implications for cyclists; and (iii) opportunities for enhancing or adding to provision for cyclists have been maximised.

POLICY TR11 - REASONED JUSTIFICATION

15.41 In many cases the existing road network offers the quickest and most direct route for cyclists. Taking action to make junctions, where the majority of accidents occur, safer for cyclists, and taking account of cyclists' needs during highway improvements and new scheme development can make an important contribution to improving cyclists' safety. Incorporation of provision for cyclists or rectification of safety problems is best achieved at the design and planning application stage, as this can avoid the need for costly remedial works at a later date.

Policy TR12A - Requirements for Cycle Parking Where considered practicable and desirable by the Local Planning Authority, new development will be required to provide cycle parking facilities in line with the guidance below: (i) retail, commercial, industrial premises and places of entertainment - one stand for every twenty car parking spaces: (ii) educational establishments of secondary school level and above - one stand for every five students. In addition, for all educational establishments - one stand for every twenty staff car parking spaces; (iii) flats - one stand for every flat, to be provided within the curtilage of the development; (iv) railway stations/ park-and-ride - a minimum of ten stands at each station; (v) bus stations - one stand for every two bus stands. Developers will be required to provide secure and covered cycle parking facilities at all the above developments.

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POLICY TR12A - REASONED JUSTIFICATION

15.42 A further disincentive to greater levels of cycle usage is the lack of safe and secure cycle parking in public areas and at workplaces. The Council will encourage developers, where appropriate, to provide secure cycle parking in shopping centres, transport interchanges and public buildings. Guidance on the design and location of cycle parking facilities is given in Supplementary Planning Guidance Note 42.

Policy TR13 - Requirements for Disabled Access The Local Planning Authority will ensure that consideration be given to the need to provide full access for disabled people to new public highways, pedestrian priority areas and to all developments to which the public would normally expect to gain access.

POLICY TR13 - REASONED JUSTIFICATION

15.43A The Council is committed to promoting access to public buildings and facilities for disabled and other mobility-impaired people, beyond that required by existing legislation. Considerable progress has been made in recent years, and the Merseyside authorities have produced a Code of Practice on Access and Mobility. This policy will continue in the planning of all new developments and will be expanded to encompass the alterations and adaptation of existing buildings to provide access for disabled people. Similarly, the design of pedestrian priority areas, provision of car parking spaces, and the provision of leisure facilities, will take into account the needs of disabled people. Detailed provision will be the subject of negotiations with developers under separate legislation.

15.44 Revised national planning policy for Transport (PPG13) particularly emphasises reducing the need to travel, both for reducing costs and congestion, and for reducing pollution emissions to the atmosphere. The UDP emphasis on urban regeneration with its attendant emphasis on land allocations and redevelopment within the existing urban area is consistent with this aim. The UDP in particular advocates developments in close proximity to the Borough’s main transport corridors, both road and rail, and therefore envisages efficiency and environmental concern in addressing people’s needs for mobility.

Policy TR14A – Criteria for Transport Assessments Transport assessments will be required to accompany planning applications for the following types of development: (i) major travel generating development, as defined in Table 15.1; or (ii) proposals that, either by themselves or in tandem with other proposals, are likely to prejudice road capacity or road safety problems in the area; or

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(iii) proposals that are likely to significantly increase pollution and/or noise from traffic generated by the development.

POLICY TR14A - REASONED JUSTIFICATION

15.45A Large developments often have significant transport implications. Transport assessments will enable the Local Planning Authority to fully assess such implications, in order to manage travel demand, limit the effects of traffic generation on the environment, and to provide, effective, safe and easy accessibility by a choice of means of transport.

15.45B For the avoidance of doubt, for the purpose of Policy TR14A, major travel generating development will be defined in accordance with the thresholds set out in Table 15.1, below.

Table 15.1 - Major Travel Generating Development

Type of Development Threshold (gross floorspace)

Food and non food retail, cinemas, conference 2,500 sq. metres or above facilities, Class D2 including leisure

Business use including offices, hospitals, higher 2,500 sq. metres or above and further education facilities

Stadia 1,500 seats or above

Industry (Class B2) 2,500 sq. metres or above

Warehouse and distribution 5,000 sq. metres or above

Housing developments 50 dwellings or above

Policy TR15A - Criteria for Travel Plans The following types of development will require the submission and implementation of a Travel Plan: (i) major travel generating development, as defined outlined in Table 15.1 above, except for housing developments; or (ii) smaller developments, except for housing developments, that by themselves or in conjunction with other proposals would: (a) generate a significant amount of traffic in or near a designated Air Quality Management Area; or (b) exacerbate a traffic problem in the surrounding area which would otherwise justify a refusal of planning permission; or

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POLICY TR15A - REASONED JUSTIFICATION

15.46A A travel plan is a package of measures with the aim of securing:

· reduction in car use · increasing the use of public transport, walking and cycling · reductions in traffic speeds and improving safety, and · more environmentally friendly freight movements.

15.46B Travel plans can have specific measures such as car sharing, provision of public transport for employees, working from home and provision of cycle parking facilities. Such measures should be capable of being monitored and have measurable outputs.

15.46C All major travel generating developments will be expected to provide and implement a travel plan. Additionally, the Council is determined to make routes to school are made safer and more convenient through school travel plans. For the avoidance of doubt, for the purpose of Policy TR15A, major travel generating development will be defined in accordance with the thresholds set out in Table 15.1.

Policy TR16A - Location of Major Travel Generating Development Major travel generating development, as defined in Table 15.1 above, will only be permitted in locations within a safe, convenient walking distance of bus stops, railway stations and public transport interchanges on the passenger rail or bus networks across the Borough. Developments that are likely to generate significant freight traffic must also be located on sites that have good access to the rail network or the strategic road network and/or to other appropriate inter-modal transport facilities, including the dock estates. Exceptions to Policy TR16A will only be made where the Council is satisfied that improvements to public transport, the strategic road network, pedestrian and cycling facilities will be made, prior to the occupation of the development, to provide effective accessibility to the site by a choice of means of transport.

POLICY TR16A - REASONED JUSTIFICATION

15.47A Government planning policy requires that major developments can easily be accessed by walking, cycling and public transport in order to provide realistic alternatives to the car.

15.47B As a guideline, all major travel generating developments should be located within 400 metres walking distance of a bus stop, and/or 800 metres of a

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rail station. For the avoidance of doubt, for the purpose of Policy TR16A, major travel generating development will be defined in accordance with the thresholds set out in Table 15.1.

15.47C All major travel generating development should be located in close proximity to the rail network and the strategic road network in order to avoid problems of congestion and of traffic using unsuitable local roads. Where the proposal would significantly increase congestion on the trunk road network, the Council will consult with the Highways Agency under the terms of the Memorandum of Understanding, defined to ensure that the implementation of necessary regeneration initiatives will not be prejudiced.

15.47D Where development fails to meet the requirements of Policy TL16A, the developer will be asked to enter into a planning agreement to provide, or pay for the cost of, any additional public transport, rail freight or highway infastructure improvements that will be needed to serve the development to an appropriate standard of accessibility by a choice of means of transport.

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16. SHOPPING TOWN CENTRES AND RETAIL DEVELOPMENT

PART ONE POLICY

POLICY SHO1A - REASONED JUSTIFICATION

16.1A Changing patterns of retailing have seen operators increasingly seeking larger sites, often in out-of-centre locations. The move away from established centres has encompassed national food retailers and some areas of the comparison goods sector such as DIY, furniture and other bulky goods, leading to the development of the retail warehouse park concept. More recently, some traditional high street comparison goods retailers have begun to open stores in out-of-centre locations. Other recent trends include purpose-built regional shopping centres, typified by the Cheshire Oaks scheme near Ellesmere Port, and the introduction from the United States of America of the discount warehouse club, one of which is proposed in Liverpool.

16.2 Failure to provide for these new types of retailing could lead to a loss of consumer spending to centres outside Wirral, with implications for wealth- creation and jobs. At the same time it is essential that the most vulnerable groups within the Borough are not denied access to essential retail facilities. Sizeable numbers of households do not have access to a car, particularly in the inner urban area, and given the poor accessibility of out-of-centre developments to non-car owners, retention of local shopping facilities is therefore essential.

16.3 The Council’s response to these challenges has been to adopt policies which seek to strengthen and diversify the Borough’s existing shopping centres while making provision for out-of centre development only where this will not harm the vitality and viability of established centres.

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16.4 Planning policies in the UDP are complemented by a wide-ranging programme of improvements to selected shopping centres in the designated inner area of Wirral, initially as part of the Urban Programme, and more recently through the Government’s City Challenge Initiative.

16.5 Action ranges from programmes of shop front grants to a more comprehensive approach, including planned contraction of a retail centre to a more viable level, external refurbishment of premises, environmental improvements and the assembly of sites for new “anchor” foodstores.

16.6 In all the centres treated thus far, the works have transformed the visual appearance of the centre and helped boost investment and confidence, helping to ensure that the centres have a long and sustainable future.

16.7 Subject to the continuing availability of resources, it is planned that this programme of improvements should continue, focused on those centres where it is clear an essential local function is being served, where realistic potential for a self-sustaining long-term future exists and where work would complement other community-based Council initiatives.

Wirral Retail Study, 2003

16.2A In Autumn 2003 the Council commissioned Roger Tym & Partners (RTP) to prepare a Borough-wide Retail Assessment. The RTP report concluded that the status of Wirral’s main shopping centres in the retail hierarchy was generally diminishing when compared with competing centres - such as Liverpool, Chester and Warrington - which are generally improving. This suggests that these centres have been better able to mitigate the undermining impacts of major out- of-town developments such as Cheshire Oaks, the Trafford Centre and Broughton Park.

16.2B Significant retail development schemes are again in the pipeline for Chester and Liverpool city centres. The RTP report therefore considered that the Council needed to adopt a more proactive approach to meeting retail development requirements, in particular, the substantial level of comparison development necessary to increase expenditure retention and to reverse the relative decline of Wirral centres in the regional hierarchy. A key element of the study included an assessment of the need for additional floorspace for convience and comparison retailing.

The Quantitative Need for Further Convenience Goods Floorspace.

16.2C Convenience retailing is the provision of everyday essential items including food, drinks newspapers, tobacco and confectionery. To inform their report, RTP commissioned a survey of 1500 households. The results indicated that stores and centres within the Borough retained around 97 per cent of convenience

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spending. Forecasts of expenditure growth on a ‘goods’ basis suggest that there would be a negative residual growth in expenditure to 2011 of -£16.6m allowing for commitments, due to a static population and a low forecast annual rate of growth in expenditure. The theoretical floorspace requirements, set out in Table SHO1 below, are based on an assumed floorspace efficiency of £880 per sq ft sales area.

Table SHO1

Convenience (goods based) residual, assuming fixed market shares

2003-2006: - £14.2m 2006-2011: -£2.4m 2003-2011: -£16.6m

Convenience (goods based) sales floorspace Requirement (sq m)

2003-2006: - 1,500 sq m (-16,100 sq ft) 2006-2011: - 260 sq m (-2,800 sq ft) 2003-2011: - 1,760 sq m @ October 2003

16.2D Based on the findings of the survey, RTP concluded that many existing foodstores were trading in excess of their company averages (‘over-trading’). Town centre supermarkets were over trading in 2003 by around £50m and out of centre stores by £15m. Whie over-trading within town centre supermarkets should not be regarded as being available for new convenience floorspace in out of centre locations, it does indicate that there is a quantitative need for more competition within town centres and hence for more convenience floorspace. Combining the goods based residual with the aggregate base year overtrading of £65m results in an overall capacity of around £48.4m; this would be sufficent to support a nett convenience sales area of around 5,100 sq m (55,000 sq ft) in the period up to 2011.

16.2E This amount of floorspace could potentially support up to two large superstores, although this is very much dependent on the trading characteristics of operators and the scale of individual proposals. As much of the base year overtrading (£50m out of £65m) occured within existing centres, as much of the quantitative need as possible should be accommodated within existing centres, in accordance with the sequential approach and in order to promote desired competition within town centres.

16.2F Out-of-centre foodstores will normally be resisted. They will only be acceptable where all the national policy tests have been met and where there are other favourable material considerations to which considerable weight should be given, in particular regeneration benefits. For example, land at the waterfront at New Brighton is identified under Proposal TL4A as a location for a mixed-use

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leisure-related development, that may also include a retail foodstore. In local centres, the maximum size for any new convenience store should be around 1,000 sqm gross floorspace, and in district centres the maximum size of convenience store should be around 2,500 sq m.

The Quantitative Need for Further Comparison Goods Floorspace.

16.2G Comparison retailing is usually taken to mean the provision of items not obtained on a frequent basis, including clothing, footwear, household and recreational goods. The RTP household survey showed, in contrast to the convenience shopping position, that only around 52% of comparison or non-food spending is retained within the Borough. Of the 48% of expenditure that takes place outside the Borough, 33 per cent goes to Liverpool and Chester city centres. The UDP therefore proposes a strategy which aims at increasing the level of comparison expenditure retained within the Borough to 57 percent by 2006 and a further increase to 60 per cent by 2011.

16.2H The objective of increasing the retention rate will have the effect of increasing the residual expenditure available to support new floorspace. The figures set out in Table SHO2 below include allowances for the needs of existing retailers to grow their businesses, growth in internet retailing, reduction in vacancies and existing commitments. They are converted into theoretical sales floorspace requirements based on an assumed floorspace efficiency figure of £300 per sq ft sales area.

Table SHO2

Comparison (goods based) residual (assuming uplift in retention)

2003-2006: £41.8m 2006-2011: £99.4m 2003-2011: £141.2m

Comparison (goods based) sales floorspace requirement

2003-2006: 12,940 sq m (139,300 sq ft) 2006-2011: 30,770 sq m (331,200 sq ft 2003-2011: 43,720 sq m (470,600 sq ft) @ October 2003

16.2J In respect of comparison goods retailing, the objective to increase the level of expenditure retained in the Borough to 57 per cent by 2006 and to 60 per cent by 2011 is considered to be a realistic target. Progress towards meeting this target will however be monitored through the UDP period: if retained expenditure increase above forecasts the policy objectives can be reviewed.

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16.2K The floorspace figures arising from this objective should not be regarded as a prescriptive floorspace requirement for development within existing town centres. There is scope for quality comparison retail development in Liscard, where planning permission has been granted for an extension to the Cherry Tree Centre. There is also scope to enhance provision in West Kirby, Hoylake, Heswall, and Moreton. Work is underway to identify development opportunities in Hoylake and West Kirby. In respect of out-of-centre development, an approach of controlled growth is advocated in Policy SH9A and SH11A.

Policy SH1 - Criteria for Development in Key Town Centres

Within the Key Town Centres listed below, proposals falling within Class A1, Class A2, Class A3 and Class D1 of the Town and Country Planning (Use Classes) Order 1987, together with other uses appropriate to a town centre location, including cinemas, theatres and taxi businesses, will be permitted subject to the following criteria: (i) the proposal, together with other recent or proposed development does not undermine the vitality and viability of any Key Town Centre or Traditional Suburban Centre as a whole or other town centre outside the Borough boundary; (ii) the proposal does not generate traffic in excess of that which can be accommodated by the existing or proposed highway network; (iii) the proposal meets highway access and servicing requirements and includes off-street car parking in line with Policy TR9 and cycle parking in line with Policy TR12; (iv) the siting, scale, design, choice of materials and landscaping is not detrimental to the character of the area; (v) the proposal does not cause nuisance to neighbouring uses, or lead to loss of amenity, as a result of noise and disturbance, on- street parking or delivery vehicles - where necessary, a suitable condition will be imposed on hours of opening/ operation; (vi) proposals for Class A2 uses should incorporate the provision of a shop front and permanent window display. Proposals for Class A3 and other appropriate town centre uses should additionally satisfy the following criteria as required: (vii) where a proposal for Class A3 or other non-retail use is located on a street containing similar establishments, cumulative levels of noise and disturbance, from both the existing and proposed activities, should not exceed a level likely to be detrimental to the amenity of the area; (viii) proposals for Class A3 uses should include measures to mitigate smells and internally-generated noise - these measures should not intrude visually into the street scene and should be fully installed before the business commences trading. The Town Centres to which Policy SH1 applies are: 1. Birkenhead (Core Area)

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2. Bromborough Village 3. Heswall 4. Hoylake 5. Liscard 6. Moreton 7. New Ferry 8. Prenton (Woodchurch Road) 9. West Kirby

The Retail Hierarchy

A. Sub-Regional Centre – Birkenhead Town Centre

Policy SH1A – Birkenhead Town Centre 1A. Within the Birkenhead Town Centre Core Shopping Area, as shown on the Proposals Map, only uses falling within Use Classes A1, A2 or A3 will be permitted. 2A. Within the wider boundary to Birkenhead Town Centre, as shown on the Proposals Map, only development falling within Use Classes A1, A2, A3, D1, D2, B1, C1, and C3, together with amusement centres, will be permitted. In all cases, development proposals will be subject to the criteria in Policy SH1E and to any other relevant policies of the Plan.

POLICY SH1A – REASONED JUSTIFICATION

16.3A Birkenhead is the sub-regional shopping centre for the Borough - Liverpool being classed as the regional centre for Merseyside as a whole. The town centre also includes the commercial and cultural area in and around Hamilton Square and the waterfront area at Woodside. The Council, as part of a partnership of public and private sector organisations, has recently produced a strategy document for the town centre – the Birkenhead 20:20 Vision and Strategy. This document forms part of the succession strategy for the Hamilton Quarter Single Regeneration Budget Initiative and sets the direction for the continued regeneration of the town centre. A key objective is to provide a greater degree of integration and cohesion between the different areas of the town centre, particularly between the Core Shopping Area, Hamilton Square and the waterfront at Woodside.

16.3B The overall planning framework, now set out within Policy SH1A, is intended to reflect the existing diversity of uses and activities within the wider town centre and allows for a wide range of town centre uses, including retail, leisure, commercial and residential uses. All new proposals will have to comply with the general criteria set out in Policy SH1E, together with any other relevant UDP policies. Within this context, however, the range of uses within some parts of the town centre will justify a degree of further control. Development within the Hamilton Square Conservation Area will, for example, also need to have regard to the policy framework set out in Policy CH5. The Core Shopping Area, centred

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on the Grange Shopping Precinct, the Pyramids Shopping Centre, and the pedestrianised area of Grange Road, is the area where the major national multiples and department stores are represented.

16.3C The enhancement of town centre comparison retailing, as opposed to retail warehousing, is key to clawing back expenditure from Liverpool and Chester, which together account for around 62% of the expenditure leakage outside the Borough. Birkenhead is the only centre of sufficient size within the Borough with the potential to accommodate the additional retailers needed to attract shoppers back to Wirral and to offer a viable alternative shopping destination to Liverpool and Chester.

16.3D Birkenhead Town Centre, which has been without a large supermarket/superstore since the closure of Asda in the mid-1990s, also has the greatest identified need for additional major convenience floorspace. The RTP household survey suggested that existing foodstore provision within the Core Shopping Area, which is currently concentrated around the discount sector, is trading well in excess of published company average turnovers.

16.3E Two proposals with planning permission offer potential for additional high quality town centre retailing. The former Rank Bingo Hall on Claughton Road has planning permission for 3,590 sq.m of A1, A2, A3 and D2 uses on two storeys. The Pyramids Shopping Centre also has planning permission for an internal reconfiguration that could provide an additional 1,344 sq.m of sales floorspace. The only key development opportunity in Birkenhead for providing substantial new convenience and comparison floorspace within the Core Shopping Area is at the Oliver Street car parks, considered within Proposal SH1B, below.

Proposal SH1B – Oliver Street Car Parks, Birkenhead The site of the Oliver Street Car Parks, as shown on the Proposals Map, is allocated for new retail development falling within Use Class A1, subject to all the following criteria being satisfied: (i) the development will achieve a high degree of physical and environmental integration with the rest of the town centre, especially with Grange Road, and will maximise the ease of movement for pedestrians across the town centre; and (ii) the development will present an active frontage to Charing Cross/Exmouth Street and will incorporate a high standard of urban design, appropriate to a key town centre location, including any associated improvements to the public realm; and (iii) the development will result in no overall reduction in existing parking provision available for use by all visitors to the town centre, and will include additional parking at a ratio of 25% of the Council’s parking standard; and

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(iv) satisfactory access and servicing will be provided and, in the case of existing retail uses serviced from Oliver Street, will be maintained; and (v) public transport, pedestrian and cycle acess and facilities will be safeguarded and enhanced; and (vi) replacement shopmobility facilities, to an equivalent or better standard, will be incorporated within the development. The Oliver Street Car Parks site is not considered suitable for retail warehousing. Applicants will be required to demonstrate that any proposals for convenience retailing will not prejudice the overriding opportunity to enhance the comparison retailing offer of the town centre and will be required to demonstrate that any development falling within Use Classes A2, A3 or D2 will be clearly ancillary to the principal A1 Class retail uses.

PROPOSAL SH1B – REASONED JUSTIFICATION

16.4A The Oliver Street Car Parks present the only large site in the town centre that would enable major new retail development to be fully integrated with the Birkenhead Town Centre Core Shopping Area. The objective of Proposal SH1B is, therefore, to ensure that a development of exceptional quality is secured on this key site, in terms of the design and layout and the integration with the rest of the town centre and the wider highway network.

16.4B The owners of the Grange Shopping Centre have identified a need to modernise the retail units within the Centre to better meet current market requirements. While a significant amount of non-food floorspace could be included as part of a large food retail development at Oliver Street, it is important that this does not prejudice the opportunity to provide further high quality town centre comparison retailing elsewhere within the Town Centre.

Proposal SH1C - Hind Street Regeneration Area, Birkenhead The Hind Street/Mollington Street Area together with the Rock Retail Park, as shown on the Proposals Map, is identified as a potential extension to Birkenhead Town Centre subject to the implementation of the following: A. The initial Phase 1 development opportunity, comprising land adjoining the gas holders and the former Mollington Street sidings, is allocated for a mixed-use development comprising the following mix of uses: (a) Use Classes B1, B2 or B8 subject to Policy EM6A; (b) Use Class A1 bulky goods comparison retailing, up to a maximum of 8,500 sq m gross; (c) Trade sales/car showroom uses (non A1), up to a maximum of 3,500 sqm gross; (d) Use Classes D1 and D2, up to a maximum of 2,700 sq m;

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(e) ancillary development, within Use Class A3, up to a maximum of 500 sq m. B. Development proposals should be supported by a Masterplan, including an urban design framework, for the whole area. Development proposals will be expected to deliver the following key objectives: (i) the provision of the Birkenhead Town Link and Mollington Link Extension between the Rock Retail Park and the Birkenhead Central Station Gyratory, including provision for public transport, pedestrians and cyclists; and (ii) a high standard of urban design, appropriate to a town centre gateway location; and (iii) high quality, safe and convenient, pedestrian and cycle links with the Birkenhead Town Centre Core Shopping Area; and (iv) safe and convenient integration with the Rock Retail Park; and (v) demonstrate that the development will not compromise the future development of adjoining areas to the north and south of the Hind Street Regeneration Area. Retail elements of the development will be subject to planning conditions restricting the further sub-division of units and the range and type of goods that can be sold to ensure that the new development will be complimentary to the continued vitality and viability of the Birkenhead Town Centre Core Shopping Area.

PROPOSAL SH1C – REASONED JUSTIFICATION

16.5A The Hind Street Regeneration Area is located to the south-east of the Birkenhead Town Centre Core Shopping Area. To the north of Hind Street is a car dealership and a number of low grade uses interspersed with vacant sites. To the south of Hind Street are two gas holders which remain in operational use, along with a number of other buildings which have been identified as surplus to requirements, and an area of former railway sidings. Together the area forms the largest regeneration and development opportunity in the vicinity of Birkenhead Town Centre.

16.5B The objective of Proposal SH1C is to ensure that a high quality development is achieved that will complement rather than compete with the Core Shopping Area and that will deliver the infrastructure improvements that are needed if the site is to function properly as part of the wider Town Centre.

16.5C The Hind Street Regeneration Area is considered suitable for a mix of uses. Uses falling within Use Class A1 should focus on bulky goods retailing, complementing the adjacent Rock Retail Park, and should exclude uses that can be accommodated elsewhere within Birkenhead Town Centre. Planning permission will be subject to a condition restricting the range of goods sold and

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the future subdivision of retail units in order to safeguard the vitality and viability of the wider Town Centre.

16.5D Historically, the biggest constraint to development has been the poor access into the Area. The completion of the road link between New Chester Road and the Birkenhead Central Station roundabout, identified as a Major Highway Scheme under Proposal TR5A/2A, is essential in opening in up this Area for development. The improvement of pedestrian and cycle linkages with the Core Shopping Area is also crucial, if the Area is to function effectively as an extension to Birkenhead Town Centre. The centre of the Regeneration Area is at least 3-400 metres walking distance from the edge of the Core Shopping Area. At present, however, pedestrians have to negotiate a series of pedestrian crossings, which together with the road flyovers, present a significant barrier to safe and convenient access to the Core Shopping Area. Subject to these matters being directly addressed, the Hind Street Regeneration Area will be able to operate as a functional extension to Birkenhead Town Centre.

16.5E Although the road flyovers remain a key element of the road network in this area, some initial investigations have suggested that it may be possible to provide an alternative access to the Kingsway Tunnel at grade, thereby facilitating the removal of the flyovers. Major, detailed feasibility and engineering studies will need to be undertaken before development could be allowed to proceed. In the interim, only development proposals that will not prejudice the potential future removal of the flyovers or the provision of a replacement road access to the Kingsway Tunnel will be considered favourably.

The Retail Hierarchy

B. Town, District and Local Shopping Centres

Proposal SH1D – Town, District, Local and Neighbourhood Shopping Centres The boundaries to the following centres are defined on the Proposals Map. Development proposals within their boundaries will be subject to Policy SH1E and to other relevant policies of the Plan. Town Centres 1A. Heswall 2A. Liscard 3A. West Kirby 4A. Moreton District Centres 5A. Bromborough Village 6A. Hoylake 7A. New Ferry 8A. Prenton (Woodchurch Road)

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Local Centres 9A. Wallasey Village 10A. Upton Village 11A. Tranmere (Old Chester Road) 12A. Prenton (Borough Road) 13A. Claughton Village 14A. Lower Bebington 15A. Seacombe (Poulton Road) 16A. New Brighton (Seabank Road) 17A. New Brighton (Victoria Road) 18A. Birkenhead (Grange Road West/Oxton Road) 19A. Laird Street 20A Dacre Hill 21A. Irby Village Neighbourhood Centres In addition, a further tier of neighbourhood centres are identified by symbols on the Proposals Map: 22A. Eastham (Eastham Rake/Mill Park Drive 23A. Allport Road, Bromborough 24A. Town Lane/Teehay Lane Bebington 25A. Greasby Village 26A. Oxton Village 27A. Church Road, Tranmere

POLICY SH1D – REASONED JUSTIFICATION

16.6A The hierarchy of centres identified above has been arrived at following a review of shopping centres by Roger Tym & Partners. The review included a series of health checks of these centres. In formulating the hierarchy, RTP also had regard to the definitions of centres contained in national planning advice.

16.6B The town and district centres listed all perform an important second tier role in the Borough. Most have one or more supermarkets and a range of service uses. All provide a broad range of facilities and services and are well served by public transport. The mix of uses within these centres will be carefully managed and the impact of other proposals on these centres will be carefully assessed.

16.6C The third tier local centres are smaller in size, but generally have key shops such as a post office, newsagent, convenience store, a discrete catchment area, and highly accessible by public transport. Many have other attractors such as a library, a health centre, Council offices or a leisure facility.

16.6D A further tier of neighbourhood centres has also been identified. These are generally too small in size or lack the range of facilities to be classed as local centres. However, they play an important role in areas where there are no higher order centres within the vicinity. Their retention, safeguarding and

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enhancement, in terms of their vitality and viability, is essential to provide easily accessible local shopping to meet people’s day to day needs.

Policy SH1E - Criteria for New Development in Birkenhead Town Centre, and other Town, District, Local and Neighbourhood Centres.

Within Birkenhead Town Centre and the centres listed in Proposal SH1D, only proposals falling within Use Classes A1, A2, A3, D1 and D2 will be permitted, subject to the following criteria: (i) the proposal is of an appropriate scale for the shopping centre and together with other recent or proposed development does not undermine the vitality and viability of any Town, District, local or neighbourhood Centre as a whole or other town centre outside the Borough boundary. Appropriate scale will be defined in line with the following dimensions: (a) In District Centres, convenience stores should not exceed 2,500 sqm gross floorspace; (b) In Local Centres, the maximum size for any new convenience store should not exceed 1,000 sqm gross floorspace; (c) In Neighbourhood Centres, the maximum size for any new convenience store should not exceed 500 sqm gross floorspace. Developers will be expected to be flexible about the scale and format of their proposals; (ii) the proposal does not generate traffic in excess of that which can be accommodated by the existing or proposed highway network; (iii) the proposal meets highway access and servicing requirements and includes off-street car parking in line with Policy TR9 and cycle parking in line with Policy TR12; (iv) the siting, scale, design, choice of materials and landscaping makes a positive contribution to and respects the character of the area; (v) the proposal does not cause nuisance to neighbouring uses, or lead to loss of amenity, as a result of noise and disturbance, on- street parking or delivery vehicles - where necessary, a suitable condition will be imposed on hours of opening/ operation; (vi) proposals for uses falling within Use Class A2 should incorporate the provision of a shop front and permanent window display. Proposals falling within Use Class A3 and other appropriate town centre uses, including D2 uses, should additionally satisfy the following criteria:

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(vii) where a proposal for a Class A3 use or a non-retail use is located on a street containing similar establishments, cumulative levels of noise and disturbance, from both the existing and proposed activities, should not exceed a level likely to be detrimental to the amenity of the area; and (viii) proposals for Class A3 uses should include measures to mitigate smells and internally-generated noise - these measures should not intrude visually into the street scene and should be fully installed before the business commences trading.

POLICY SH1E - REASONED JUSTIFICATION

16.8A The Borough’s shopping Key Town Ccentres are the main providers of retailing, financial and other services in Wirral. In addition, the contribution which they can make to reducing the number and length of car journeys and encouraging greater use of public transport is increasingly recognised. The Council is thus committed to the retention and enhancement of these centres. Their long-term viability will only be achieved, however, by providing for the modern operational requirements of both retailers and customers.

16.9A Policy SH1E establishes a presumption in favour of development, within the boundaries of these centres, which falls within Class A1 (Shops), Class A2 (Financial and Professional Services) and Class A3 (Food and Drink), along with Class D1 (Non-Residential Institutions) and D2 (Assembly and Leisure) and other uses appropriate to a town centre location, subject to the criteria set out in the policy. The Town and Country Planning General Development Order 1988 permits change from both Class A3, and Class A2 uses with a display window at ground floor level, to Class A1 use without the need to apply for planning permission. In practice, development allowed under Policy SH1E will concentrate on redevelopment, extension and modernisation. There are few areas where a large site is available, or can be assembled with minimum disruption to the centre concerned.

16.10A An important consideration is that any development proposed must be of an appropriate scale for the centre in which it is located. Policy SH1E, therefore, includes specific controls over the scale of new convenience floorspace in order to ensure that any new proposal will relate well to the role and function of the different categories of centre.

16.11A Wwhen assessing any proposal for retail development an additional and related consideration is it’s the potential impact on the vitality and viability of the existing shopping Key Town and Traditional Suburban Ccentres, including the centre in which the proposal is located, both within the Borough and elsewhere.

16.11 In assessing vitality and viability, particular regard will be had to: the trade draw and market share of the proposal; the impact on future levels of investment, on vacancy levels and the physical condition of the centre(s), impact on the range of services provided in the centre(s), on any current or

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proposed urban regeneration initiatives in the centre(s); and the cumulative impact of the proposal with other recent or proposed retail development.

16.12 The Local Planning Authority may request a statement of retail impact from the developer, where it considers that this would be of assistance in assessing the impact of a proposed new retail development.

16.13 Class A2 uses (Financial and Professional Services) are assuming an increasingly important role in these centres. Structural change in the banking sector in particular is resulting in the closure of many small branches in local centres and a concentration on fewer but larger branches in key shopping centres. If recent trends in retailing continue, the service role of these shopping centres is likely to assume increasing importance.

16.14 The Council has not identified primary retail frontages or attempted to place quotas on the number of Class A2 uses in a shopping frontage. This type of designation would be somewhat arbitrary, and restricting development within town centres to retail uses alone is not recommended in national planning advice.

16.15 Other non-retail uses such as theatres, cinemas, hot food takeaways, night- clubs, public houses and restaurants can make an important contribution to the vitality of the shopping centre, especially during the evenings when other shops are closed and otherwise “dead” frontages are created by the use of security shutters. They are also significant generators of travel demand and are thus best located in these centres which enjoy a high degree of accessibility by modes of transport other than the private car.

16.16 Policy SH1E includes safeguards to ensure that any potential impact on amenity is fully considered, especially in situations where establishments which individually would not give cause for concern may create unacceptable levels of noise and disturbance when several are located on one street or parade of shops.

16.17 Birkenhead is the main sub-regional shopping centre for the Borough - Liverpool being classed as the regional centre for Merseyside as a whole. The Core Area is centred on the Grange Precinct and the pedestrianised Grange Road, recently supplemented by the Pyramids Shopping Centre. Within this area, the major national multiples and department stores are represented. The centre appears to be trading well with very low levels of vacancies evident.

16.18 The opening of the Pyramids Shopping Centre in 1991 represented a significant expansion of retail floorspace within a high quality shopping environment. Following the transfer of the Grange Precinct into private ownership, measures have been put in hand to upgrade it’s appearance and re-develop the eastern end of the Precinct, including provision of additional retail floorspace and a multi- storey car park.

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16.19 A key development opportunity in Birkenhead is the Conway Park site, which is allocated under Proposal EM2 in Section 5 of the UDP. The new Merseyrail underground station considerably improves access for rail travellers in the north and west of the Borough, and should help consolidate Birkenhead’s status as the Borough’s main shopping centre. Other development on the site such as the new swimming pool adds to the diversity of Birkenhead and provides additional “attractors” to the town centre.

16.20 The new railway station, along with improvements to bus facilities and provision of park and ride elsewhere in the Borough will enable the Council to adopt a more restrictive approach to the provision of additional car parking in Birkenhead. Such an approach is already being adopted by Merseyside Development Corporation in the Hamilton Square area.

16.21 Liscard is the main shopping centre serving Wallasey which was consolidated in the 1960s with the construction of the Liscard Precinct and the pedestrianisation of Liscard Road between Mill Lane and Wallasey Road. More recently, the former has been substantially refurbished, roofed over, and now operates as the “Cherry Tree Centre”. As with Birkenhead, this work has tended to highlight the need for environmental improvements elsewhere in the centre, particularly on the pedestrianised Liscard Road. The centre also has a higher level of vacancy than Birkenhead. The Council will seek to work with traders and other users of Liscard Town Centre in order to secure these improvements. New retail development will be restricted to the refurbishment and reuse of existing shop units, there being no sites at present suitable for new-build development.

16.22 Other Key Town Centres at Heswall, West Kirby, Hoylake, Prenton (Woodchurch Road), Moreton, New Ferry and Bromborough Village perform an important second-tier role in the Borough. Most have one or more large supermarkets, a range of durable and service uses including, in some cases, national multiples. All provide a broad range of facilities and services and are well served by public transport. Where problems do occur, these tend to relate to car parking and/ or traffic congestion and the Council will monitor the situation carefully and, subject to the availability of funding, initiate improvements.

Policy SH2 - Criteria for Development in Traditional Suburban Centres

Within the Traditional Suburban Centres listed below, proposals falling within Class A1, Class A2 and Class A3 of the Town and Country Planning (Use Classes) Order 1987, will be permitted subject to satisfying the following criteria: (i) the proposal, together with other recent or proposed development does not undermine the vitality and viability of any Key Town Centre or Traditional Suburban Centre as a whole or other town centre outside the Borough boundary; (ii) the proposal does not generate traffic in excess of that which can be accommodated by the existing or proposed highway network;

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(iii) the proposal meets highway access and servicing requirements and includes off-street car parking in line with Policy TR9 and cycle parking in line with Policy TR12; (iv) the siting, scale, design, choice of materials and landscaping is not detrimental to the character of the area; (v) proposals for Class A2 uses should incorporate the provision of a shop front and permanent window display; (vi) the proposal does not cause nuisance to neighbouring uses or lead to loss of amenity, as a result of noise and disturbance, on- street parking or delivery vehicles - where necessary, a suitable condition will be imposed on hours of opening/ operation; (vii) where a proposal for Class A3 use is located on a street containing similar establishments, cumulative levels of noise and disturbance, from both the existing and proposed activities, should not exceed a level likely to be detrimental to the amenity of the area; (viii) proposals for Class A3 uses should include measures to mitigate smells and internally-generated noise - these measures should not be visually intrusive in the street scene and should be fully installed before the business commences trading. Small-scale uses falling within Class D1 may also be appropriate subject to Policy RE10. The Centres to which Policy SH2 applies are: 1. Wallasey Village 2. Upton Village 3. Tranmere (Old Chester Road) 4. Prenton (Borough Road) 5. Claughton Village 6. Lower Bebington 7. Seacombe (Borough Road/ Poulton Road) 8. New Brighton (Victoria Road) 9. New Brighton (Seabank Road) 10. Birkenhead (Grange Road West) 11. Birkenhead (Oxton Road) 12. Laird Street 13. Dacre Hill (Bebington Road/ Old Chester Road) 14. Irby Village

POLICY SH2 - REASONED JUSTIFICATION

16.23 Traditional Suburban Centres perform an important role for day-to-day shopping in particular and may act as the focus for weekly shopping for those

who are less mobile. In general, the centres listed under Policy SH2 meet the following minimum requirements:

· the centre comprises at least 20 units; · key shops are present, such as a post office, chemist, butcher, greengrocer/ general store, baker and newsagent;

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· the centre has a discrete catchment area; · the centre is located on a major traffic route, accessible by public transport.

16.24 While the size and composition of a centre is not a guarantee of trading success, those with more than twenty units and the presence of key shops are better placed to meet the challenges that new forms of retailing can present. Many of the centres listed additionally have other “attractors” such as a library, health centre, Council Office or leisure facility. All have a more locally discrete catchment area and form part of a clear hierarchy of retailing provision in the Borough. As with the Key Town Centres, the main emphasis will be on selective redevelopment, extension and modernisation.

16.25 Within the Traditional Suburban Centres outlined above, the same planning principles apply in respect of Class A1, Class A2 and Class A3 uses as in the Key Town Centres listed in Policy SH1. Small-scale Class D1 uses, such as a health centre or library may also be appropriate. The smaller Traditional Suburban Centres are generally much closer to residential areas: some for example, have retail uses only on one side of an otherwise residential road. Hence, uses which may operate late into the night or which could potentially generate high levels of noise and disturbance could potentially have a far more serious effect on residential amenity: such activities should thus be directed to the larger Key Town Centres highlighted in Policy SH1.

16.26 An important consideration when assessing any proposal for retail development is it’s impact on the vitality and viability of existing Key Town Centres and Traditional Suburban Centres, including the centre in which the proposal is located, both within the Borough and elsewhere.

16.27 In assessing vitality and viability, particular regard will be had to: the trade draw and market share of the proposal; the impact on future levels of investment, on vacancy levels and the physical condition of the centre(s), impact on the range of services provided in the centre(s), on any current and proposed urban regeneration initiatives in the centre(s); and the cumulative impact of the proposal with other recent or proposed retail development.

16.28 The Local Planning Authority may request a statement of retail impact from the developer, where it considers that this would be of assistance in assessing the impact of a proposed new retail development.

Policy SH3A - Ground Floor Residential and Other Non-Town Centre Uses in Existing Key Town Centres and Traditional Suburban Shopping Centres

Within the Key Town Ccentres listed in Proposalolicy SH1D and the Traditional Suburban Centres listed in Policy SH2, together with other small shopping centres and parades within Primarily Residential Areas, the conversion of shop units at ground floor level or the replacement with new build development for to residential or other use outside the

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scope of Policy SH1E will only be permitted in the following limited circumstances: (a) where the proposal forms part of an overall strategy of planned contraction in the size of the Key Town Centre or Traditional Suburban Ccentre; or (b) where the applicant can provide written evidence that they have marketed the property for a period of at least six months for the permitted uses at reasonable market rates and the Local Planning Authority is satisfied that the following criteria are satisfied: (i) there is no need to retain the unit in question for retail use, having regard to the function, physical condition and likely future role of the shopping centre or parade; (ii) there is no adverse impact on the amenity of neighbouring uses; (iii) the unit is suitable for the use proposed; and a high standard of design has been adopted (iv) the length of time the unit has been vacant and its state of repair. (v) the proposal would not result in the break up of an otherwise continuous retail frontage. Residential development will only be permitted subject to Policy HS1B.

POLICY SH3A - REASONED JUSTIFICATION

16.29A Given the importance of the centres listed under Proposalolicy SH1D and Policy SH2 above, it is important that the opportunities for introducing new businesses are not reduced through the conversion of vacant units to residential use at ground floor level. The only exception to this occurs where, as part of an overall strategy, a contraction in the size of a centre is planned. Such a process has recently been implemented in New Ferry Key Town Centre. In these circumstances, conversion of identified surplus units may be appropriate.

16.29B The impact of changing patterns of retailing, in particular the growth of national multiples and their increasing concentration on larger and fewer stores, has often been greatest in small shopping centres and parades. Some have declined to an extent that they no longer perform a significant role as a retail centre. In others, which appear to have a viable future, there may be individual units which have been vacant for a period of time, suggesting that the centre has achieved a degree of equilibrium and that a reduction in the number of units would not harm it’s viability. By contrast, a centre may be trading well and have no other vacant units other than that proposed for conversion. In these circumstances, it would be desirable to retain the premises in question for retail use. These and other issues such as impact on amenity will be central to the

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consideration of proposals for the ground floor conversion of shop units to residential use.

Policy SH4A - Small Shopping Centres and Parades

Within small shopping centres and parades in Primarily Residential Areas not listed in Proposal SH1D, shop units should be restricted to uses development falling within Class A1, Class A2 and Class A3 of the Town and Country Planning (Use Classes) Order 1987., will be permitted, subject to Policy HS15 and. Proposals for conversion from A1 or A2, to A3 uses, should satisfy all the following criteria as appropriate: (i) where a proposal for Class A3 uses is located on a street containing similar establishments, cumulative levels of noise and disturbance, from both the existing and proposed activities, should not exceed a level likely to be detrimental to the amenity of the area; (ii) proposals for Class A3 uses should include measures to mitigate smell and internally-generated noise - these measures should not be visually intrusive in the street scene and should be fully installed before the business commences trading; (iii) the proposal does not cause nuisance to neighbouring uses, or lead to loss of amenity, particularly in respect of noise and disturbance, on-street parking or delivery vehicles - where necessary a suitable condition will be imposed on hours of opening/ operation; (iv) proposals for Class A3 uses should be located a reasonable distance from the principal elevation of the nearest dwelling house or block of flats; (v) proposals for Class A2 uses should incorporate the provision of a shop front and permanent window display. Development proposals seeking a change of use or redevelopment away from a use falling within Use Classes A1, A2 or A3 will be assessed against the criteria in Policy SH3A. New retail development, other than that of a very small scale, should be directed to the centres listed in Proposal SH1D.

POLICY SH4A - REASONED JUSTIFICATION

16.30 Over one hundred smaller parades and groups of shops serving more local catchment areas have been identified throughout the Borough mostly within Primarily Residential Areas. Few have any land either within or adjacent to them on which new retail development could be accommodated.

16.31A Policy SH4A highlights uses falling within Class A1, Class A2 or Class A3 as being appropriate within these parades, subject to Policy HS15 which governs development within Primarily Residential Areas, and in the case of Class A3 uses, the additional criteria set out above. Policy SH4A seeks to preserve local residential amenity in particular.

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16.31B Proposals for retail development which is other than small-scale and intended to serve other than a local catchment are unlikely to be acceptable within these smaller centres and parades and should be directed to the centres listed in Proposal SH1D.

Policy SH5 - Residential Development in Small Shopping Centres and Parades in Primarily Residential Areas

Proposals for the ground floor conversion of shop units to residential use within small shopping centres and parades in Primarily Residential Areas will be permitted where the Local Planning Authority is satisfied that the benefits of the proposal outweigh the disadvantages when assessed against the following criteria: (i) the desirability of retaining the unit in question for retail use, having regard to the function, physical condition and likely future role of the shopping centre or parade; (ii) the impact on the amenity of neighbouring uses; (iii) the suitability of the unit for residential use; and (iv) the length of time the unit has been vacant and its state of repair.

POLICY SH5 - REASONED JUSTIFICATION

16.32 The impact of changing patterns of retailing, in particular the growth of national multiples and their increasing concentration on larger and fewer stores, has often been greatest in small shopping centres and parades. Some have declined to an extent that they no longer perform a significant role as a retail centre. In others, which appear to have a viable future, there may be individual units which have been vacant for a period of time, suggesting that the centre has achieved a degree of equilibrium and that a reduction in the number of units would not harm it’s viability. By contrast, a centre may be trading well and have no other vacant units other than that proposed for conversion. In these circumstances, it would be desirable to retain the premises in question for retail use. These and other issues such as impact on amenity will be central to the consideration of proposals for the ground floor conversion of shop units to residential use as set out in Policy SH5.

Policy SH6 - Development Within Primarily Commercial Areas

Within the Primarily Commercial Areas shown on the Proposals Map, uses falling within Class A1, Class A2, Class A3, Class B1 and Class D1 of the Town and Country Planning (Use Classes) Order 1987 will be permitted subject to the following criteria as appropriate: (i) a proposal for Class B1 uses satisfies the criteria set out in Policy EM6 and Policy EM7;

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(ii) a proposal for Class A1 uses, together with other recent or proposed retail development, does not undermine the vitality and viability of any Key Town Centre or Traditional Suburban Centre as a whole or other town centre outside the Borough boundary; (iii) the proposal meets highway access and servicing requirements and includes off-street car parking in line with Policy TR9 and cycle parking in line with Policy TR12; (iv) the siting, scale, design, choice of materials and landscaping is not detrimental to the character of the area; (v) the proposal does not cause nuisance to neighbouring uses, or lead to loss of amenity, particularly in respect of noise and disturbance, on-street parking or delivery vehicles - where necessary, a suitable condition will be imposed on hours of opening/ operation; (vi) where a proposal for Class A3 use is located on a street containing similar establishments, cumulative levels of noise and disturbance, from both the existing and proposed activities, should not exceed a level likely to be detrimental to the amenity of the area; (vii) proposals for Class A3 uses should include measures to mitigate smell and internally-generated noise - these measures should not be visually intrusive in the street scene and should be fully installed before the business commences trading.

POLICY SH6 - REASONED JUSTIFICATION

16.33 Community, civic and other facilities along with small workshops are an important feature of many of the Borough’s shopping centres. As an important “attractor”, they make an important contribution to the diversity and viability of these centres. In a number of centres there are areas where these uses are concentrated. Most are likely to continue in their existing use throughout the duration of the UDP period. However, should opportunities for redevelopment occur within the areas defined on the Proposals Map, Policy SH6 confirms their suitability for retail, commercial and community uses, subject to the appropriate criteria now set out in the policy.

Policy SH7 - Upper Floor Uses in Retail Premises

The Local Planning Authority will permit the conversion of upper floors above shops for office uses or for residential uses not covered by permitted development rights, subject to access, parking, servicing, amenity and shop security considerations and the compatibility of the proposed use with neighbouring upper floor activities.

POLICY SH7 - REASONED JUSTIFICATION

16.34 One feature of many shopping centres has been the long-term increase in service uses, particularly on the upper floors of existing premises. More recently, attention has focused on encouraging the re-use or conversion of upper floors for residential use. As well as providing an additional source of accommodation,

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such uses within a shopping centre can make an important contribution to its vitality, particularly during the evening and when shops are closed.

16.35 At the same time, it is important that satisfactory access and parking provision is made, and that any proposal will not be detrimental to amenity, both of neighbouring users and future occupiers, where residential conversion is proposed. In addition, any proposal should not compromise the security requirements of the ground floor use.

16.36 An amendment to the General Development Order, which came into force in 1995, now means that the conversion to a single flat of part of a building in use for Class A1 (Shops) or Class A2 (Financial and Professional) purposes no longer requires planning consent. Similarly, changes from Class A2, to Class A1 plus one flat, are now also permitted development.

Policy SH8 - Criteria for Shop Fronts

Proposals which include provision for new shop fronts will be permitted when the Local Planning Authority is satisfied that the benefits of the proposal outweigh the disadvantages when assessed against the following criteria: (i) company colours, logos, and advertising should be designed and applied with reference to the character of the area, the building concerned and its neighbours; (ii) in older shopping streets, existing traditional shop front features should be restored or replicated, where possible, using traditional materials and respecting the dimensions of the original; (iii) security shutters should be partly or wholly of a perforated design and must be painted rather than left in a raw galvanised state - if possible, the shutter housing should be accommodated behind the fascia; and (iv) all new-build shop fronts should be fully accessible by disabled people, with level shop fronts and wide doorways - when installing new shop fronts in existing buildings, opportunities should be taken to remove and reduce steps while taking into account the character of the building and the area.

POLICY SH8 - REASONED JUSTIFICATION

16.37 A well-designed and attractive shop front projects an image of quality which not only reflects upon the goods and services provided inside, but also makes a positive contribution to the street scene and the vitality of a commercial area. The development of corporate identities for shops with branches all over the Country has played a significant part in eroding the variety which often characterised individual shopping centres. Corporate identify should be applied with reference to the character of the building on which it is imposed, and of the area in which the building stands.

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16.38 Adequate security is an important factor in ensuring the continued well-being of a commercial area and measures to achieve it are an important consideration. However, the use of galvanised shutters with prominent projecting shutter boxes is visually unattractive. Policy SH8 thus seeks to strike a compromise between the need for security and maintaining an attractive street scene.

16.39 Traditional shop front features such as stall risers, stall boards, pilasters and wooden fascia boards evolved during the eighteenth and nineteenth centuries and contributed to a very effective design. Where possible, these features should be retained or replicated in new shop fronts in older shopping areas, although it is acknowledged that stall risers and stall boards originally intended as means of laying out goods at a suitable height for inspection have been rendered largely obsolete by changing methods of retailing.

16.40 Finally, it is important that all new shop fronts are accessible to disabled people. A separate shop front guide specifically aimed at shops in older traditional shopping centres has been produced by the Council and is reproduced in full in Supplementary Planning Guidance Note 43. Special considerations may apply to Conservation Areas and Listed Buildings.

The Retail Hierarchy

C. Out-of-Centre and Edge-of-Centre Retailing

Policy SH9A - Criteria for Out-of-Centre and Edge-of-Centre Retail Development Applications for out-of-centre and edge-of-centre retail development on unallocated sites will only be permitted where the Local Planning Authority is satisfied (A), that the benefits of the proposal outweigh the disadvantages when assessed against the following criteria; and (B), the proposal satisfies all the additional following criteria in Policy SH10: (i)A the applicant has demonstrated that there is a qualitative and quantitative need for the development; (i)B the applicant has demonstrated that a sequential approach has been adopted to selection of the application site and that they have been flexible about the scale and format of their proposal; (i)C the proposal, together with other recent or proposed retail development does will not undermine the vitality and viability of Birkenhead Town Centre or any Key Town Ccentre or Traditional Suburban Centre listed in Proposal SH1D as a whole or other town centre outside the Borough boundary; (ii) the extent to which retail development on the site would confer urban regeneration or environmental benefits when compared with: (a) alternative uses for the site; and

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(b) alternative sites elsewhere capable of accommodating the proposed development; (iii)A the proposal is accessible by a choice of mode of transport and is easily accessible for pedestrians, disabled people and cyclists from the surrounding area and does not generate traffic in excess of that which can be accommodated by the existing or proposed highway network; (iv) the proposal does not have any adverse effect on overall travel and car use; (v)A adequate provision has been made for highway access and servicing arrangements, and off-street car and cycle parking; The Local Planning Authority may request that a developer submits an assessment of retail impact where it considers that this would be of assistance in considering the effect of an out-of-centre or edge-of-centre proposal on the vitality and viability of a nearby Key Town Centre or Traditional Suburban Centre. Policy SH10 - Design and Location of Out-of-Centre and Edge-of-Centre Retail Development A proposal for out-of-centre and edge-of-centre retail development considered acceptable in terms of Policy SH9 will be permitted if it satisfies the additional following criteria: (i)(vi) the proposal is not located within the Green Belt; (ii)(vii) the proposal does not prejudice the Borough's requirement for housing, or industrial land and premises; (iii) the proposal does not generate traffic in excess of that which can be accommodated by the existing or proposed highway network; (iv) adequate provision has been made for highway access and servicing arrangements, and off-street car and cycle parking; (v)(viii) the siting, scale, design, choice of materials and landscaping is appropriate to the character of the surrounding area; (vi)(ix) the proposal does not cause nuisance to neighbouring uses, especially in respect of noise and disturbance. The Local Planning Authority may request that a developer submits an assessment of retail impact where it considers that this would be of assistance in considering the impact of an out-of-centre or edge-of- centre proposal on the vitality and viability of Birkenhead Town Centre or a centre listed in Proposal SH1D. Planning conditions may be imposed to restrict the type of goods sold in order to prevent future changes in the composition of out-of-centre or

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edge-of-centre retail development which might impact on the vitality and viability of Birkenhead Town Centre or a Key Town Centre or Traditional Suburban Ccentre listed in Proposal SH1D. Policy SH9A will a also be held to apply to proposals for roadside or drive-through restaurants and new or expanded forecourt retailing at petrol filling stations where the retail sales floorspace will exceed 200 sq.m. In assessing planning applications, the Local Planning Authority will have regard to the benefits of the proposal identified by the applicant relating to physical regeneration, job creation, economic regeneration and social inclusion.

POLICIES SH9A AND SH10 - REASONED JUSTIFICATION

16.41A The Council recognises that retailers needs cannot always be accommodated within existing centres. However, new out-of-centre development still needs careful consideration to ensure that the role of existing centres is not seriously undermined and this is the objective of Policy SH9A.

16.41B A key consideration is the requirement for applicants proposing retail developments in edge of centre or out of centre locations (which are not allocated in the UDP for retail purposes) to assess and demonstrate that there is a ‘need’ for the development. This should be considered in both quantitative and qualitative terms and draw on the findings of the Retail Strategy prepared by Roger Tym & Partners.

16.41C If need can be demonstrated, the applicant is then additionally required to demonstrate that they have adopted a sequential approach to selection of the application site. This requires that locations are considered in the following order: existing centres where sites or building suitable for conversion are or will become available, taking account of an appropriate scale of development in relation to the centre; edge of centre locations and then out of centre sites. Developers will be expected to demonstrate that they have adopted a flexible approach in terms of the scale and format of their proposals.

16.42A While Government guidance makes it clear that competition between individual retailers is not a planning consideration, it is important that a proposal does not have a detrimental impact on the vitality or viability of Key Town or Traditional Suburban the Ccentres listed in Proposal SH1D as a whole, either within or town centres located outside Wirral. In assessing vitality and viability, the Local Planning Authority will have particular regard to: the trade draw and market share of the proposal; the impact on future levels of investment, on vacancy levels and the physical condition of the centre(s), impact on the range of services provided in the centre(s), on any current or proposed urban regeneration initiatives in the centre(s); and the cumulative impact of the proposal with other recent or proposed retail development. Where necessary,

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the Local Planning Authority will impose conditions restricting the range of goods sold.

16.43 While national planning policy guidance on retailing advises that an assessment of retail impact will be required for major retail development - defined as that greater than 20,000 square metres (gross) on an out-of-town site and greater tha 10,000 square metres on an urban site which has not been previously intensively developed - local experience suggests that much smaller developments can have a significant impact on local centres, especially where trading patterns are not robust. The Local Planning Authority will request a statement of retail impact from the applicant where it considers that this would be of assistance in considering the effect of an out-of-centre proposal on the vitality and viability of a nearby Key Town Centre or Traditional Suburban Centre as a whole, including town centres in areas adjoining Wirral. Neighbouring local authorities will be consulted where there may be an impact on such centres.

16.44A Urban regeneration is a key theme throughout the UDP. While not a direct indicator of need, Tthe Local Planning Authority will take into account the potential regeneration benefits of new proposals. In addition, the Authority will need to be satisfied that any trade diversion away from a centre does not undermine any current or proposed retail-related urban regeneration initiatives in any of the centres listed, particularly when the investment has yet to feed through into a stronger trading position. In addition, the Local Planning Authority will have regard to the extent that urban regeneration potential could be maximised through alternative uses for the site in question, or by utilising an alternative site capable of accommodating the same development.

16.45 Similarly, the Local Planning Authority is keen to secure the maximum environmental benefit from new development. Hence, it will have regard to the extent that a proposed development would achieve this when compared to alternative uses or locations. In this respect, issues such as reducing the number of derelict or degraded sites and a reduction in exhaust emissions through fewer and shorter car journeys will be considered.

16.46 Policy SH9A also recognises the importance of protecting land required for housing and industrial purposes.

Policy SH11A - The Expansion of Out-of-Centre Retail Developments

Proposals for the redevelopment or expansion of the existing out-of- centre retail developments, shown on the Proposals Map for retail use, will be subject to the criteria set out in Policy SH9A and Policy SH10.

POLICY SH11A - REASONED JUSTIFICATION

16.46A The Council’s priority is to focus on the enhancement of town centre comparison retailing, the sector where leakage of spending out of the Borough is greatest. The approach to the alternative option for clawing back expenditure –

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the expansion of out of centre development, particularly within the retail park/retail warehouse sector – is, therefore, one of controlled growth.

16.46B Further expansion needs to be to be approached with care: over- optimistic assumptions, for example, about the potential for new development to clawback expenditure from outside the Borough which are then not achieved, could result in new development having an adverse impact on the vitality and viability of existing centres. There is arguably a qualitative deficiency in some areas of the Borough for large format retailing, particularly home furnishings, while other areas such as electrical retailers are well represented. As such, the Council’s strategy focuses on established locations where linked trips can be maximised and where there is an opportunity for the enhancement and expansion of retail warehouse activity with the delivery of wider regeneration benefits.

16.47A There are three Two out-of-centre retail warehouse parks exist in Wirral,. Only the retail parks at Bidston Moss and at Bromborough, and a third is proposed at Green Lane in Birkenhead are subject to Policy SH11A. The Croft Retail and Leisure Park, in Bromborough, is subject to Proposal SH11B. There are also four major out-of-centre food superstores at Bidston, Bromborough, Woodchurch and Upton. While the principle of retailing has been accepted on these sites, it is necessary to provide safeguards against future proposals which may represent a significant intensification in retail activity, or a change in the nature of the retail use, for example, from non-food to food. Such developments could change the extent to which retail use on the site has an impact on established shopping centres or prejudice the implementation of the Council’s retail strategy, as set out elsewhere within Section 16. Major expansion of retailing activity could also have car parking, access, or amenity implications. Policy SH11A makes it clear that any proposals for redevelopment of these sites for retail use will be assessed using Policy SH9A and Policy SH10.

Proposal SH11B – Croft Retail and Leisure Park, Bromborough The Croft Retail and Leisure Park, as shown on the Proposals Map, is allocated for mixed-use development. Future development will be limited to the following mix of uses: (a) Use Classes B1 subject to Policy EM3C; (b) Use Classes B2 or B8 subject to Policy EM6A; (c) Use Class A1 bulky goods comparison retailing, up to a maximum of 8,000 sq m gross; (d) Trade Sales/car showroom uses; (e) Use Classses D1 and D2; (f) ancillary uses within Use Class A3; (g) residential development subject to Policy HS4A. Permission for additional retail and leisure floorspace, in excess of the current total retail floorspace at April 2003, will be subject to Policy SH9A. Development proposals should meet the following objectives:

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(i) the remodelling of the existing Class A1 retail floorspace, where this can be demonstrated to bring qualitative and operational improvements and the more efficient use of land at the site; (ii) the re-use of the Class D2 leisure units, including redevelopment where appropriate, to ensure that the site operates in an efficient manner, provided that the amenities of nearby residents will be continue to be protected; (iii) the re-use, including redevelopment, of the existing Use Class A3 food and drink units where the proposal will enhance the attractiveness of the site, provided that the amenities of nearby residents will continue to be protected; (iv) the introduction of new uses, including residential and mixed ‘live- work’ units, on parts of the site where land is under-utilised, where the new use will enhance the attractiveness of the site and be compatible with surrounding land uses; (v) the implementation of a package of access and highway improvements, including the enhancement of access to the site by public transport and cycling.

PROPOSAL SH11B – REASONED JUSTIFICATION

16.47B The Croft Retail and Leisure Park in Bromborough, is a long-established location for large-format, food and non-food retail activity, as well as leisure and restaurant uses. The Park as a whole is, however, under utilised and is in need of investment and regeneration.

16.47C The retail elements of the Park do not follow a modern, efficient layout, the leisure functions relate poorly to the retail elements, and a number of the restaurant and leisure uses continue to lie vacant. There is also surplus car parking, in excess of current needs. The objective of Proposal SH11B is, therefore, to ensure that the re-development of the Park will occur in a controlled and beneficial way.

16.47D Proposal SH11B allows for the remodelling of the existing Class A1 floorspace, where this can be shown to bring qualitative and operational benefits. There is also potential for new retail floorspace, above the existing total floorspace of the Park. Any such additional development will need to be subject to the sequential approach set out in national policy. Proposal SH11B, therefore, allows scope for other uses on the surplus land, should additional retail development not be forthcoming.

16.47E The threshold of 8,000 sq.m of additional retail floorspace has been identified following the retail capacity exercise carried out by Roger Tym and Partners as part of the Wirral Retail Strategy. The threshold is intended to take existing commitments and other policy objectives into account to ensure that a

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balanced approach to future retail development can be pursued without harm to the vitality and viability of existing shopping centres.

Policy SH12A - Amusement Centres

Large-scale amusement centres, bingo halls and clubs, and large amusement arcades, for example, combining bingo with amusement with prizes and amusement-only machines, should be confined to the Key Town Centres of Birkenhead and Liscard and the seafront area along Marine Promenade in New Brighton. Small-scale amusement centres may be acceptable within smaller shopping centres, where noise and disturbance can be controlled through the imposition of planning conditions. In considering all amusement centre proposals regard will be had to the following criteria: (i) noise and disturbance from the proposal is not detrimental to the amenity of the area, and is no greater than that generated by existing uses - suitable conditions may be imposed requiring the incorporation of noise-attenuation measures, restricting hours of operation and specifying the type of amusement machine permitted; (ii) where an amusement centre is located on a street containing similar establishments, cumulative levels of noise and disturbance, from both the existing and proposed activities, should not exceed a level likely to be detrimental to the amenity of the area; (iii) proposals for amusement centres within shopping centres should incorporate a shop front and permanent window display.

POLICY SH12A - REASONED JUSTIFICATION

16.48 The term "amusement centre" covers activities such as bingo halls and clubs, prize bingo centres, amusement-with-prizes machines and amusement-only machines. By their nature, such uses have potential to create greater levels of noise and disturbance than other activities within the urban area. Policy SH12A, therefore, provides additional guidance on the location of these uses and on the controls which may be used to minimise additional noise and disturbance.

16.49 Amusement centres have been a long-established attraction in New Brighton, but should be confined to the seafront area along Marine Promenade in order to safeguard the amenity of nearby residential areas. Other large-scale amusement centre uses should be confined to Birkenhead and Liscard, where disturbance to residential areas in particular can be minimised. Elsewhere, only small-scale amusement centre uses will be appropriate and only where noise and disturbance can be controlled by condition.

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17. WASTE MANAGEMENT

INTRODUCTION

17.1A Changing European legislation, government targets, growing concern for the environment, increasing waste generation, rising public expectations and the need to move away from landfill disposal mean that there is a pressing need for rapid changes in attitudes to and methods of dealing with waste.

17.1B The policy context is given by the EU Landfill Directive, the National Waste Strategy 2000, Planning Policy Guidance Note 10 (PPG10) and the North West Regional Waste Strategy, which is an integral part of Regional Planning Guidance for the North West (RPG13, March 2003).

17.1C RPG13 gives a number of targets based on national advice. These are to:

· reduce growth in municipal waste to 2% by the end of 2006; to 1% by the end of 2010; and to 0% by the end of 2014;

· recycle and/or compost 25% of household waste by 2005; 35% by2010; 45% by 2015; and 55% by 2020;

· recover value (including recycling and or composting) from 40% of municipal solid waste by 2005; from 45% by 2010; and from 67% by 2015; and to

· achieve and retain 0% growth in commercial and industrial waste. Recycle 35% of such waste by 2020. Recover value (including recycling) from at least 70% of such waste by 2020; and provide sufficient treatment and landfill capacity for these waste streams up to 2020.

POLICY WMT1 - LANDFILL PROVISION THE LOCAL PLANNING AUTHORITY RECOGNISES THAT LANDFILL CAPACITY WILL BE REQUIRED FOR THE FORESEEABLE FUTURE AND HAS IDENTIFIED SUFFICIENT LANDFILL CAPACITY TO ACCOMMODATE LANDFILL NEEDS WITHIN THE BOROUGH DURING THE PLAN PERIOD, WITHIN THE CONTEXT OF THE BOROUGH COUNCIL'S WASTE DISPOSAL STRATEGY.

POLICY WMT1 - REASONED JUSTIFICATION

17.1 Total volumes of waste requiring disposal or treatment within the Borough are in the region of 500,000 tonnes per year. Of this, just under half is building waste, the remainder being household, factory and commercial waste. If all this waste were to be disposed of by landfill, then about 500,000 cubic metres of air space are required each year. These amounts are expected to remain constant throughout the UDP period.

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17.2 The current Waste Disposal Plan for Merseyside was published by the MWDA in 1989. It sets out the MWDA's policies for the control and disposal of waste in Merseyside up to 1997. Under the Environmental Protection Act 1990, the MWDA acts as a Waste Disposal Authority but the duties of the former Waste Regulation Authority (MWRA) have now been transferred to the national Environment Agency (EA). The MWDA has responsibility for the provision of disposal services through contracts let after competitive tender. The EA is responsible for waste disposal planning, for site licensing and has the duty to prepare a revised Waste Disposal Plan. The former operational waste disposal functions of the MWDA are transferred to a private company, Mersey Waste Ltd.

17.3 Strategic Planning Guidance for Merseyside states that UDP’s should have regard to the policies of the Waste Disposal Plan. It is also incumbent on the Local Planning Authority to include within its UDP the provisions of the Waste Local Plan, which is to be separately produced by Shire Counties.

17.4 The MWDA's preferred method of disposal, as expressed in the Waste Disposal Plan, is local landfill, where this is environmentally acceptable. The Plan recognises that local landfill is cost-effective, reliable and flexible, and will always be needed for some types of waste, or for residues remaining after waste treatment or resource recovery. However, the Plan recognises that if local landfill is not available, then other methods will be considered, including distant landfill via bulk transport, recycling and treatment methods associated with resource recovery.

17.5 In December 1992, the Council endorsed a strategy for waste management within the Borough. It covers the landfill sites outlined under Proposal WM1, expansion where possible of recycling initiatives, evaluation of other methods of waste disposal or treatment, evaluation of possible markets for recycled materials, promotion of schemes for the re-use of waste building materials, and evaluation in the longer term, beyond the UDP period, of the opportunities for distant landfill of bio-degradeable waste. The strategy is, therefore, consistent with the policies adopted by the MWDA in the Waste Disposal Plan, with the Government's policies in relation to recycling and resource recovery, and with the national planning advice contained in PPG23.

17.6 The Council’s Strategy encompasses landfill at the sites outlined under Proposal WM1. Together, these sites provide sufficient landfill capacity to cater for the Borough’s requirements during the UDP period. PART ONE POLICY

POLICY WMT1A - PRINCIPLES FOR WASTE MANAGEMENT

IN ASSESSING PROPOSALS FOR NEW WASTE MANAGEMENT FACILITIES (OR THE ENLARGEMENT OR AMENDED OPERATION OF EXISTING

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FACILITIES), THE LOCAL PLANNING AUTHORITY WILL BE GUIDED BY THE FOLLOWING PRINCIPLES:-

POLICY WMT1A - REASONED JUSTIFICATION

17.2A The policy sets down the guiding principles as outlined in the Government’s Waste Strategy 2000. The BPEO is the most favourable of a number of options for different waste streams in terms of a proposal’s effect on the environment, but not at excessive cost.

17.2B The waste hierarchy is designed to manage waste in such a way so as to reduce its environmental impact and encourage sustainable development. It consists of:

· waste reduction (the most favoured option); · re-use; · recycle; · composting; · thermal treatment with energy recovery; · thermal treatment without energy recovery; and finally · landfill (if none of the above is an appropriate method)

17.2C Regional self-sufficiency is a requirement in PPG10. In some cases, however, there may be a case for defining sub-regional self-sufficiency, but this should be treated flexibly.

17.2D The proximity principle is also a requirement in the national waste strategy, and states that waste should be managed wherever possible in close proximity to where it arises, in order to minimise transport of waste. Similarly, where waste must be transported, then sustainable transport methods should where possible be utilised.

Proposal WM1 - Landfill Waste Disposal Sites. [Proposal and Reasoned Justification Moved to WM11A]

The following sites are identified on the Proposals Map for waste disposal by landfill: 1. Bidston Moss, Birkenhead

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2. North Bromborough Dock and North Reclamation Area, Bromborough 3. Former Clay Extraction Site, Lingham Lane, Moreton 4. South Bromborough Dock, Bromborough

PROPOSAL WM1 - REASONED JUSTIFICATION

17.7 The sites identified in Proposal WM1 are all existing commitments, with planning permission, licensed and operational. Their boundaries are shown on the Proposals Map for information only.

17.8 The Council is committed to reducing the requirement for landfill, by encouraging waste minimisation, recycling and re-use, and the re-use of inert building materials wherever practicable.

1. BIDSTON MOSS, BIRKENHEAD

17.9 This is a long-standing landfill site, commenced in 1936, which was operated by the MWDA under permitted development rights by virtue of Class B of Part 12, Schedule 2, of the Town and Country Planning General Development Order 1988. The site is able to receive household, industrial and commercial wastes, gully emptyings and selected special wastes. By agreement with the Government, the MWDA operated the landfill site until September, 1996, when tipping operations ceased. It is now being restored to open space use. The sites of the adjoining Waste Reception Centre and the disused incinerator are not, however, affected by the landfill closure.

2. NORTH BROMBOROUGH DOCK AND NORTH RECLAMATION AREA, BROMBOROUGH

17.10 This site was granted planning permission on appeal in 1990. Landfill operations have recently commenced. Privately owned and operated, the site is licensed to receive household, commercial, dry non-hazardous wastes and gully emptyings. The capacity is up to 3,250,000 cubic metres and landfill operations are permitted over a ten year period.

3. FORMER CLAY EXTRACTION SITE, LINGHAM LANE, MORETON

17.11A Privately owned and operated, the site is licensed to receive inert building waste. Remaining capacity is in the region of 500,000 cubic metres.

4. SOUTH BROMBOROUGH DOCK, BROMBOROUGH

17.12 Granted planning permission following the same appeal as Proposal WM1/2 above, the site is licensed to receive inert building waste. The site is now operational and has a capacity of 950,000 cubic metres. It is privately owned and operated.

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17.13 In addition, there is the licensed site at Carr Lane Brickworks, Moreton. However, this site is subject to a Stop Notice, and an Enforcement Notice which has been upheld on appeal and in litigation in the High Court. Any further deposit of inert waste at the site is dependent on compliance with the Enforcement Notice, and the rate of clay extraction for the remainder of the site, which is not operational at present. In view of these uncertainties, the site has not been included under Proposal WM1but may provide a minor landfill resource in the longer term.

Policy WM2 - Criteria for Landfill Waste Disposal Sites [Policy and Reasoned Justification Moved to Policy WM4B]

In considering proposals for waste disposal facilities by landfill, the Local Planning Authority will assess such proposals against the following criteria: (i) Criteria which will identify the most sensitive and valuable land: · the presence of mineral reserves/ resources; · the best and most versatile agricultural land (MAFF Grades 1, 2 and 3A); · nature conservation sites of national importance; · nature conservation sites of local importance; and · Country Parks or other land with recreational potential;

(ii) Criteria which will identify sites where landfill development would have a significant adverse effect in the short or long term:

· adverse effect on the landscape quality of the site and its surroundings; · adverse effect on amenity in and around the site; · conflict with any intended alternative use of the site; · adverse effect on the achievement of economic and urban regeneration; and · adverse effect on land-use at the site or its surroundings;

(iii) Criteria which will identify extra pollution, hazard or nuisance control measures needed, which would be imposed by way of planning conditions or legal obligations:

· proximity (within 250 metres) to residential or other sensitive development or services; · proximity to groundwater resources or surface water features; · proximity to a minor (within 8 km) or major (within 13 km) airport; and · accessibility to the site and road capacity. Sites which favourably satisfy the criteria will not receive automatic approval, but will merit further consideration for detailed geotechnical and environmental assessment.

POLICY WM2 - REASONED JUSTIFICATION

17.14 The UDP, in its function of incorporating the provisions of the Waste Local Plan, together with the Waste Disposal Plan and the Council’s Waste Management

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Strategy, will provide the framework for waste treatment and disposal within the Borough. It is essential that the environmental, economic and social consequences of proposals are fully considered within the land-use framework.

17.15 The Local Planning Authority, in conjunction with the other Merseyside local authorities and the MWRA,EA have agreed the criteria outlined in Policy WM2 as a comprehensive methodology for the preliminary assessment of proposals. The criteria are designed to safeguard land with high agricultural, landscape, ecological and nature conservation value from use for waste disposal, and aim to minimise pollution risks and adverse impact on residential and other sensitive areas. The methodology is reproduced in the Waste Disposal Plan. It is very unlikely that any site will favourably satisfy all the criteria, but this is only the preliminary stage of assessment. Sites which on balance are favourable in relation to the criteria will go forward for further detailed assessment.

17.16 In relation to sub-point three of the second criterion of Policy WM2, conflict with any intended alternative use of the site can be interpreted in relation to short- term and long-term uses. In the former, the primary consideration will be the provisions of the UDP, as adopted. No landfill sites other than those already operational are identified in the UDP. Any landfill proposal which may come forward would, therefore, constitute a “departure” from the UDP, and the Council would then have to consider the relative merits of the proposal against the designation or allocation of the land in the UDP. In the longer term, including beyond the UDP period, the Council would have to consider whether the viability of a particular land-use would be compromised by a landfill development. The most obvious example is if landfilling of putrescible materials were to negate the possible future use of the land for “hard” development. This criterion is, therefore, designed to identify such possible conflicts in the preliminary stage of assessment. Further explanatory guidance to the criteria set out in Policy WM2 is contained within Supplementary Planning Guidance Note 44.

Policy WM3 - Restoration and Aftercare of Landfill Waste Disposal Sites [Policy and Reasoned Justification Moved to Policy WM12A]

The Local Planning Authority will apply comprehensive restoration and aftercare conditions for landfill sites, in accordance with an agreed afteruse. Restoration and aftercare will be closely monitored to ensure compliance with such conditions. Such conditions should take account of the following: (i) the type of material that has been landfilled in order to ensure public safety; (ii) a beneficial and viable afteruse; and (iii) the amenity and environment of the surrounding area.

POLICY WM3 - REASONED JUSTIFICATION

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17.17 Waste disposal by landfill is essentially a temporary use of land. It usually involves a long-term commitment to a final landform, which together with technical implications associated with disposal, may restrict the range of afteruses possible. Normally, only “soft” afteruses are possible on sites where putrescible material has been landfilled, because such sites will continue to produce landfill gas and leachate for many years after tipping has ceased. Monitoring of these emissions will normally be an essential part of restoration and aftercare conditions. “Hard” afteruses are possible only where carefully controlled disposal of inert materials has taken place. Not all sites will be suitable for public use.

NB In all the above considerations, references to landfill in all cases also include land-raising.

17.18 The Environmental Protection Act 1990 introduced new waste management licensing powers for the Waste Regulation Authority. In particular, licences will only be surrendered when the MWRA is satisfied that no further pollution is likely. In line with national planning advice in PPG23, it is, therefore, important that planning conditions do not duplicate licence conditions or modifications as the former will not be in operation following the cessation of landfilling. This is particularly important in relation to landfill gas and leachate control.

PART ONE POLICY

POLICY WMT2 - REASONED JUSTIFICATION

17.19A The Council fully supports the Government’s waste hierarchy. first priority of the Council’s Waste Management Strategy is waste minimisation. The UDP’s role in this aspect is, however, minimal as it is solely concerned with the use and development of land.

17.20A The second priority A key objective of the Council’s Sstrategy is to encourage the recycling and re-use of waste materials. The Council has a target of achieving recycling or re-use of recovering value from 2545% of household waste by the year 200015, in line with Government guidance. The Council is pledged to do this, and if possible to achieve a higher percentage, as outlined in its statutory Recycling Plan.

17.21A The primary reason for Policy WMT2 is to reduce the reliance on other disposal methods, and, therefore, to reduce the amount of polluting emissions inherent in any method of waste disposal of putrescible material. The

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opportunities to develop further landfill facilities are diminishing, and particularly so within Wirral, where there are no longer any natural containment sites available and the vast majority of the Borough is underlain by a major acquifer. The result is that these factors require a much higher degree of pre-engineering of landfill sites, which means that the cost of landfill is increasing vis-à-vis other forms of disposal. In addition, the EU Landfill Directive and increasing Landfill Levy are also adding to landfill costs. The Council is, therefore, committed in the longer term to reducing the reliance on landfill as the primary method of waste disposal.

17.22 The other primary method of disposal is incineration. Whilst the control of emissions from incineration processes is not a planning matter, the Council is particularly concerned about the possible effects of such emissions on surrounding land-uses, which is properly within the purview of the Local Planning Authority under the national planning advice expressed in PPG23. This, together with the identified sufficiency of operational landfill capacity during the UDP period, leads the Council to believe that facilities for the incineration of municipal waste are not required in the Plan period.

17.23 Recycling and re-use of waste materials, therefore, represents an important option in the waste management cycle. Moreover, it represents a more sustainable use of resources than some other methods of disposal. However, it is recognised that there are limitations. Obviously, not all waste materials can be recycled or re-used; markets for materials so treated have to be available; and the process cannot be considered sustainable if the energy used in the recycling/ re-use process is greater than would be required to provide the same materials by other processes. All of these matters are addressed in the Council’s Plan for Recycling, which was first published in 1992, and has recently been updated.

17.24A In order to foster recycling and re-use of waste materials, the Local Planning Authority will encourage development of suitable waste treatment facilities which comprise these concepts. However, there will be due regard to whether the local transport network is capable of accommodating the traffic likely to be generated, and to all other environmental considerations, including residential amenity. In all cases, the Council will have due regard to any environmental consequences associated with recycling, and treatment methods associated with resource recovery, including any associated with the facilities or processes themselves.

Policy WM4 - Provision of Recycling Collection Areas.

In the design of free-standing supermarkets and superstores with dedicated car parks, the Local Planning Authority will require the provision of a suitable area to accommodate facilities for the collection of, at least, waste glass, cans and paper for recycling.

POLICY WM4 - REASONED JUSTIFICATION

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17.25A The Council's strategy and its target, as stated in its statutory Recycling Plan, to achieve 2545% recycling of household waste by the year 200015 will involve increasing the opportunities for separation of recyclable materials at central points within the Borough, and instituting separation of materials by individual householders at the point of collection. Achievement of the target, however, will only be possible with the full involvement of the Local Authority, industry and individuals, and will require substantially increased resources.

17.26A Car parks in Key Town Centres and other shopping centres, and at free- standing supermarkets and superstores present the most convenient opportunities for providing collection points for recyclable materials. Policy WM4 is, therefore, designed to increase the number of central collection facilities, thereby adding to the achievement of the Council’s strategy, and will also increase the opportunities for non-car-borne residents to make use of these facilities. It is also in line with national planning advice in the revised PPG6., issued in July 1993.

Proposal WM4A - Waste Recycling Centre, Bidston The site of the former incinerator at Wallasey Bridge Road, Bidston, as shown on the Proposals Map, is designated for a recycling centre. It will consist of a waste reception centre, waste residues transfer station, materials recycling facility, and composting facilities.

PROPOSAL WM4A - REASONED JUSTIFICATION

17.26B The Merseyside Waste Disposal Authority MWDA) and its “arms length” disposal company Merseywaste Ltd jointly own the site of the former waste incinerator at Bidston. At present, the site is used as a waste reception centre and also has planning permission for a waste transfer station. MWDA intends to remodel the waste reception centre, and to apply for planning permission for a materials recycling facility and composting facilities, following the demolition of the former incinerator building.

17.26C The remodelled facilities will be sufficient to cater for all the Borough’s municipal solid waste.

Proposal WM4B – Waste Recycling Centre, Eastham The site of the former tank farm at North Road Eastham, as shown on the Proposals Map, is designated for a recycling centre. It will consist of a waste residues transfer station, materials recycling facility, and composting facilities.

PROPOSAL WM4B – REASONED JUSTIFICATION

17.26D Planning permission was granted for a purpose-built waste management centre, at North Road, Eastham, within the Dock Estate of the Manchester Ship

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Canal Company during August 2001. The proposal would incorporate a large building for the sorting and screening of waste material, an outdoor composting area and recycling storage bays.

Policy WM4C - Criteria for Landfill Waste Disposal Sites [Moved from Policy WM2]

(ii) Criteria which will identify sites where landfill development would have a significant adverse effect in the short or long term:

(iii) Criteria which will identify extra pollution, hazard or nuisance control measures needed, which would be imposed by way of planning conditions or legal obligations:

POLICY WM4C - REASONED JUSTIFICATION

17.26E The UDP, in its function of incorporating the provisions of the Waste Local Plan, together with the Waste Disposal Plan and the Council’s Waste Management Strategy, will provide the framework for waste treatment and disposal within the Borough. It is essential that the environmental, economic and social consequences of proposals are fully considered within the land-use framework.

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17.26F The Local Planning Authority, in conjunction with the other Merseyside local authorities and the MWRA Environment Agency have agreed the criteria outlined in Policy WM4C as a comprehensive methodology for the preliminary assessment of proposals. The criteria are designed to safeguard land with high agricultural, landscape, ecological and nature conservation value from use for waste disposal, and aim to minimise pollution risks and adverse impact on residential and other sensitive areas. The methodology is reproduced in the Waste Disposal Plan. It is very unlikely that any site will favourably satisfy all the criteria, but this is only the preliminary stage of assessment. Sites which on balance are favourable in relation to the criteria will go forward for further detailed assessment.

17.26G In relation to sub-point three of the second criterion of Policy WM4C, conflict with any intended alternative use of the site can be interpreted in relation to short-term and long-term uses. In the former, the primary consideration will be the provisions of the UDP, as adopted. No landfill sites other than those already operational are identified in the UDP. Any landfill proposal which may come forward would, therefore, constitute a “departure” from the UDP, and the Council would then have to consider the relative merits of the proposal against the designation or allocation of the land in the UDP.

17.26H In the longer term, including beyond the UDP period, the Council would have to consider whether the viability of a particular land-use would be compromised by a landfill development. The most obvious example is if landfilling of putrescible materials were to negate the possible future use of the land for “hard” development. This criterion is, therefore, designed to identify such possible conflicts in the preliminary stage of assessment. Further explanatory guidance to the criteria set out in Policy WM4C is contained within Supplementary Planning Guidance Note 44.

Policy WM5 - Criteria for Waste Reception Centres

In assessing proposals for further waste reception centres within the Borough, in addition to assessment of the transport and environmental implications of such proposals, the Local Planning Authority will pay particular attention to evaluation of the need for such facilities.

POLICY WM5 - REASONED JUSTIFICATION

17.27 The MWDA policy in the Waste Disposal Plan is that, throughout Merseyside, one of these facilities should be located within three miles of any resident. Three such facilities are in operation within Wirral, at West Kirby, Bidston and Clatterbridge. The only areas of the Borough not within three miles of one of these facilities is a small area of north Heswall/ Pensby and a very small area of south Eastham. There is also a difficulty, particularly in those areas, of identifying suitable sites within the rigorous environmental and transport criteria necessary to ensure a successful development.

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17.28 The Council will, however, continue to encourage the enhancement of existing waste reception centres, in particular by improving facilities for the separation of waste materials suitable for subsequent recycling or re-use, in consultation with the private contractors who will, in the future, be operating these facilities.

Policy WM6 - Criteria for Waste Transfer Stations

In assessing planning applications for the development of waste transfer stations, the Local Planning Authority will pay particular regard to environmental and transport considerations. In addition, the following considerations will be required: (i) the site should not be located in close proximity to residential premises; and (ii) where the Local Planning Authority considers that nuisance may be caused to surrounding land users by reason of noise, fumes, dirt, odours, grit and wind-blown material, all operations in respect of waste transfer activities should be carried out within a building and not on an open site. Where this is not the case, an open site may be acceptable, but in any case, must be securely fenced to the satisfaction of the Local Planning Authority for reasons of security, public safely and the prevention of environmental contamination by wind-blown material.

POLICY WM6 - REASONED JUSTIFICATION

17.29 Waste transfer stations may present particular environmental problems unless their siting and operations are carefully controlled. Such problems can manifest themselves in terms of visual intrusion, noise, dust, dirt, odours, wind-blown material, transport of waste by heavy goods vehicles and general nuisance. Policy WM6 is, therefore, designed to provide criteria to minimise such adverse environmental effects.

Policy WM7A - Criteria for Clinical and Chemical Waste Incinerators Thermal Treatment of Waste

In assessing planning applications for clinical and chemical waste incinerators thermal treatment facilities, the Local Planning Authority will be guided in the first instance by assessment of all environmental and highway considerations. In addition, because of the specialised nature of the waste processes involved, the Local Planning Authority will have particular regard to the following requirements: (i)A The Local Planning Auhority is fully satisfied that the facility will utilise a sound a proven technology; (i) the Local Planning Authority will need to be convinced that emissions from the disposal operation will not have unacceptable environmental effects on surrounding land-uses; and (ii) the applicant will be required to demonstrate the need for the facility in a sub-regional or regional context, and that the particular

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site of the proposal is the optimal environmental location within that context.

POLICY WM7A - REASONED JUSTIFICATION

17.30A Clinical and chemical wastes are hazardous and in some cases toxic and possibly with trace amounts of low level radioactivity. For the foreseeable future, the recommended method of disposal is by incineration. Other methods of disposal are being investigated, but none is tried and tested. Incineration is recommended by Central Government in Waste Management Paper 25 (Clinical Waste) and in PPG23 on Planning and Pollution Controls; by the Royal Commission on Environmental Pollution in its Report No. 17 (Incineration of Waste); and by the EC in its Fifth Action Programme, published in February 1993. Thermal treatment of waste may involve energy recovery by a number of processes including incineration, gasification, pyrolisis, co-incineration/co- combustion, mechanical/biological treatment and the use of refuse derived fuels.

17.31A In view of the nature of the waste and the processes involved in incinerating it, environmental concerns are paramount. Whilst it is not the function of the planning system to duplicate or superimpose emission standards which are more properly the province of other statutory authorities, most notably the Environment Agency, the UDP has a legitimate role in ensuring that such emissions do not affect land-use to the detriment of the local population or visitors. Of particular concern is to ensure that wind-borne emissions do not adversely affect agricultural and horticultural products or the soil, thereby causing contamination in the food chain.

17.32 To the present, there has been a multitude of small incinerators dealing 'in- house' with such wastes, particularly clinical waste incinerators at various hospitals throughout Merseyside. With the introduction of much stricter emission standards through EU legislation, small incinerators have already been closed. Existing medium and large incinerators will need greatly enhanced emission standards or will be closed. The Royal Commission Report mentioned earlier, strongly advocates that the way forward is to build a limited number of larger incinerators serving a wider area and that the "proximity principle" should only be a broad aim rather than an overriding consideration in respect of such facilities.

17.33A The arisings of such wastes are relatively small in relation to the total waste stream. RPG advocates that such facilities should be looked at on a sub- regional or even a regional scale and the “proximity principle” should only be a broad aim rather than an overriding principle in respect of such facilities. The question of need, therefore, becomes more pressing where a smaller number of facilities serve a larger catchment area. Need should be looked at on a Merseyside or even a North West Regional level. Although the question of need for a development is not normally a land-use planning matter, PPG23 10 concedes that need could be a material consideration in relation to proposed developments which are required to be accompanied by an Environmental Impact Assessment under the Town and Country Planning (Assessment of

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Environmental Effects) Regulations, 1988. Such incinerators facilities fall within this category under Schedule 1 of those Regulations.

Policy WM8A - Criteria for Sewage Treatment Facilities.

In assessing proposals for sewage treatment facilities, the Local Planning Authority will have regard to all environmental factors, whilst recognising the limitations imposed on site location. When granting planning permission the Local Planning Authority will pay special regard to the measures secured to minimise nuisance from odours and to minimise disturbance on neighbouring residential areas from traffic to and from the treatment plant.

POLICY WM8A - REASONED JUSTIFICATION

17.34A The responsibility for sewage treatment within the Borough lies with North West Water Limited United Utilities and Dwr Cwmru (Welsh Water Limited). Under the EU Urban Wastewater Directives, it will be necessary for sewage to at least undergo primary secondary treatment before being deposited in “sensitive” sea areas. Site locations are already established at existing sewage works and outfalls, which limits site choice. The Local Planning Authority will, therefore, pay particular attention to environmental, design and landscaping considerations in assessing proposed developments.

17.34B The introduction of secondary treatment has led to significant problems at a number of treatment works in Wirral, in terms of a notable increase in odour nuisance and in the level of traffic movements to and from the site related to the transport of sewage sludge. The objective of Policy WM8A is to seek to minimise these problems at the outset by ensuring that operators will use the most effective and up-to-date methods of control.

17.35A The Local Planning Authority will also have regard to the Water Companies' proposed capital programmes. At present, proposals to provide secondary treatment facilities are as follows:

· Morpeth Dock, Birkenhead - outline planning permission has been granted and construction is proposed to begin before the year 2000 · Beaconsfield, New Ferry - proposed to begin within ten to fifteen years · Long Sea Outfall, Meols - a primary treatment works is proposed to begin within the UDP period · Target Road, Heswall - already has primary treatment but construction is proposed to begin before the year 2000 (Welsh Water Limited)

17.36 The Local Planning Authority and will continue to work closely with the Water Companies to facilitate these developments resulting in significant improvements to the acquatic environment around Wirral.

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Policy WM9 - Criteria for Sewage Sludge Disposal Facilities

In evaluating proposals for sewage sludge disposal facilities, the Local Planning Authority will have particular regard to the environmental consequences of the process and to a high quality of design. In the case of proposals for sewage sludge incinerators, the Local Planning Authority will additionally have regard to the following requirements:

(i) the Local Planning Authority will need to be convinced that emissions from the disposal operation will not have unacceptable environmental effects on surrounding land-uses; and

(ii) the applicant will be required to demonstrate the need for the facility in a sub-regional or regional context, and that the particular site of the proposal is the optimum environmental location within that context.

POLICY WM9 - REASONED JUSTIFICATION

17.37 At present, sewage sludge from the whole of the Mersey Basin area is piped to Sandon Dock in Liverpool and then dumped in designated areas in the Irish Sea. The Government has agreed that all sludge dumping at sea will cease by the end of 1998.

17.38 The Water Companies are presently assessing the feasibility of alternative methods of sludge disposal, including landfill, agricultural application, composting and incineration. When complete, the Companies will be in a position to plan investment in new plant to dispose of the sludge. The exact requirement for Wirral is not yet known, or indeed if there will be any need for new facilities. Sludge from the Target Road primary treatment plant is already disposed of by application to agricultural land, but it is doubtful if this method would be practicable for Wirral’s three other treatment works, primarily due to heavy contamination of the sludge with heavy metals from such a highly industrialised area.

17.39 Sludge disposal by any method can give rise to environmental nuisance or pollution. The Local Planning Authority will, therefore, carefully evaluate proposals to ensure such effects are mitigated. Particular attention will be paid to siting and design of plant, and measures to minimise pollution. The additional requirements regarding incineration of sewage sludge have the same justification as for clinical and chemical waste incinerators, and are outlined in the reasoned justification to Policy WM7, above.

Policy WM10 - Requirements for the Environmental Assessment of Waste Disposal Facilities

Under the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988, the Local Planning Authority will require any proposal for a waste disposal/treatment facility falling within Schedule 1 of the Regulations to submit a statutory Environmental Impact Statement to accompany the planning application. Similarly, any such proposal

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falling within Schedule 2 of the Regulations, where the proposal is large scale and would have significant environmental implications, may also require a statutory Environmental Impact Statement to be submitted.

In other cases, the Local Planning Authority will request applicants to submit a statement of the environmental consequences of the proposal.

POLICY WM10 - REASONED JUSTIFICATION

17.40 Any form of waste treatment or disposal will give rise to some form of pollution and, therefore, have environmental effects. The Council views the protection of the environment as of the highest priority. The Local Planning Authority will endeavour to minimise pollution and all other adverse environmental effects arising from waste treatment and disposal both during and after operations have ceased.

17.41 Under the Regulations there is a statutory duty for applicants to support their proposals with an Environmental Impact Statement for the following developments in respect of waste management:

Schedule 1

· an installation designed solely for the permanent storage or disposal of radioactive wastes · an installation for the incineration or chemical treatment of special waste · landfill for the deposit of special waste

Schedule 2

· any other waste treatment or disposal installation where annual throughput of waste exceeds 75,000 tonnes, or where the proposal is sited in a particularly sensitive location in relation to other land uses

17.42 Such is the Council's concern for the environment, however, it considers that all other planning applications for waste treatment or disposal should be accompanied by a statement of the environmental effects of each proposal and the Local Planning Authority will request such a statement in these cases.

17.43 In both statutory and non-statutory Environmental Statements, the topics to be covered showing environmental effects are:

· human beings · flora · fauna · soil · water · air · climate · the landscape

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· the interaction between any of the foregoing · material assets · cultural heritage

17.44 Further explanatory guidance can be found in Supplementary Planning Guidance Note 45.

Proposal WM11A - Landfill Waste Disposal Sites [Moved from Proposal WM1]

The following sites are identified on the Proposals Map for waste disposal by landfill: 1. Bidston Moss, Birkenhead 2. North Bromborough Dock and North Reclamation Area, Bromborough 3. Former Clay Extraction Site, Lingham Lane, Moreton 4. South Bromborough Dock, Bromborough

PROPOSAL WM11A - REASONED JUSTIFICATION

17.45A The sites identified in Proposal WM11A are all both existing commitments, with planning permission, licensed and operational. Their boundaries are shown on the Proposals Map for information only.

17.45B The Council is committed to reducing the requirement for landfill, by encouraging waste minimisation, recycling and re-use, and the re-use of inert building materials wherever practicable.

1. BIDSTON MOSS, BIRKENHEAD

2. NORTH BROMBOROUGH DOCK AND NORTH RECLAMATION AREA, BROMBOROUGH

17.45C This site was granted planning permission on appeal in 1990. Landfill operations have recently commenced. Privately owned and operated, the site is licensed to receive household, commercial, dry non-hazardous wastes and gully emptyings. The capacity is up to 3,250,000 cubic metres and landfill operations

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are permitted over a ten year period. The site is due to cease landfilling operations in December, 2006.

3. FORMER CLAY EXTRACTION SITE, LINGHAM LANE, MORETON

17.45D Privately owned and operated, the site is licensed to receive inert building waste. Remaining capacity is in the region of 500,000 cubic metres. The site is due to be completed in 2009 and restoration for a golf course use will take place after that.

4. SOUTH BROMBOROUGH DOCK, BROMBOROUGH

17.45E In addition, there is the licensed site at Carr Lane Brickworks, Moreton. However, this site is subject to a Stop Notice, and an Enforcement Notice which has been upheld on appeal and in litigation in the High Court. Any further deposit of inert waste at the site is dependent on compliance with the Enforcement Notice, and the rate of clay extraction for the remainder of the site, which is not operational at present. In view of these uncertainties, the site has not been included under Proposal WM11A, but may provide a minor landfill resource in the longer term.

Policy WM12A - Restoration and Aftercare of Landfill Waste Disposal Sites [Moved from Policy WM3]

POLICY WM12A - REASONED JUSTIFICATION

17.46A Waste disposal by landfill is essentially a temporary use of land. It usually involves a long-term commitment to a final landform, which together with technical implications associated with disposal, may restrict the range of afteruses possible. Normally, only “soft” afteruses are possible on sites where putrescible material has been landfilled, because such sites will continue to

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produce landfill gas and leachate for many years after tipping has ceased. Monitoring of these emissions will normally be an essential part of restoration and aftercare conditions. “Hard” afteruses are possible only where carefully controlled disposal of inert materials has taken place. Not all sites will be suitable for public use.

NB In all the above considerations, references to landfill in all cases also include land-raising, although the Regional Waste Strategy states that disposal through land raising should be discouraged and regarded as a very last resort.

17.46B The Environmental Protection Act 1990 introduced new waste management licensing powers for the Waste Regulation Authority Environment Agency. In particular, licences will only be surrendered when the MWRA Environment Agency is satisfied that no further pollution is likely. In line with national planning advice in PPG23 10, it is, therefore, important that planning conditions do not duplicate licence conditions or modifications as the former will not be in operation following the cessation of landfilling. This is particularly important in relation to landfill gas and leachate control.

Policy WM13A - Accommodating Waste in Development Proposals The Local Planning Authority will require that all new development should be planned and designed in order to maximise the opoortunities for waste minimisation.

POLICY WM13A - REASONED JUSTIFICATION

17.47A The Local Planning Authority needs to ensure that there is an adequate range and capacity of facilities to support the handling, sorting and separation of wastes. This will; include requiring developers to maximise the use of recycled and secondary aggregates and re-use and recycle waste arising during construction.

Policy WM14A - Waste Management Facilities in New Developments The Local Planning Authority will ensure that all new development proposals incorporate adequate provision of waste management and recycling facilities

17.48A Current Building Regulations make provision for storage of waste in new residential developments of more than 0 houses. The LPA will apply the same principles to all new developments regardless of size. This provision will be different for municipal, commercial and industrial, and hazardous waste streams.

17.48B At the least, such facilities should include sufficient space to separate and store individual waste streams and enable kerbside collection of materials.

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18. MINERALS

PART ONE POLICY

POLICY MIN1 - REASONED JUSTIFICATION

18.1 National guidance requires that Counties should endeavour to maintain a landbank of sand, gravel and crushed rock in order to maintain their share of aggregates supply within the Region. The Local Planning Authority subscribes to this position and recognises the necessity of maintaining supplies of these minerals. It would not wish to prejudice any possible future contribution that the Borough could make to these supplies.

18.2 However, in reality the Borough is faced with exceptional circumstances as outlined in Policy MIN1. Reserves of sand and gravel within the Borough are severely limited and are affected by environmental and nature conservation considerations. There are no known reserves of crushed rock. For these reasons, there are no planning permissions in existence for extraction of these minerals, and, therefore, the Borough's contribution to the Region's supply is minimal and likely to remain so.

PART ONE POLICY

POLICY MIN2 - REASONED JUSTIFICATION

18.3 Minerals represent a resource of national importance. Even though a combination of geological and environmental factors means that mineral extraction is only of marginal importance within Wirral, known reserves and any possible reserves identified in the future represent an important economic

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asset. It is, therefore, essential that they are safeguarded from inappropriate development which would endanger their future working.

PART ONE POLICY

POLICY MIN3 - REASONED JUSTIFICATION

18.4 Extraction of minerals is essentially a temporary use of land. National policy is that restoration and aftercare is a requirement to make mineral workings suitable for beneficial afteruse and environmentally acceptable. Planning applications for extraction need to include information which demonstrates that the site will be restored satisfactorily. If this cannot be demonstrated, the Local Planning Authority will consider refusing planning permission.

18.5 The Council will ensure that any sites are restored in an environmentally satisfactory manner and, where possible, enhance the environment, in line with the Urban Regeneration Strategy. Schemes of restoration and afteruse should preferably provide for progressive restoration as extraction proceeds, unless this would adversely affect the standard of restoration achievable or be incompatible with the extraction procedure.

18.6 Where best and most versatile agricultural land, falling within MAFF Grades 1, 2 and sub-Grade 3a, is affected by mineral extraction, restoration to agricultural use should ensure that the land is restored to a similar quality.

18.7 The Local Planning Authority will pay particular attention to restoration and aftercare proposals on sites with national or local designations of nature conservation or heritage interest, sites in close proximity to residential or other sensitive development, sites in Areas of Special Landscape Value and sites in the Green Belt.

Policy MI1 - The Control of Clay Extraction

The Local Planning Authority will control and monitor the extraction of clay within the Borough to ensure that any adverse environmental impact is minimised.

POLICY MI1 - REASONED JUSTIFICATION

18.8 There are small reserves of winnable clay located at Carr Lane, Moreton, in the north of the Borough. At present, some twenty-three hectares are in active

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working or under restoration, and a further nineteen hectares in reserve for future working.

18.9 These identified reserves lie within the Green Belt and the North Wirral Coastal Park, and are also in proximity to residential properties and the Birkenhead to West Kirby rail line. Meols Meadow SSSI is also in near proximity.

18.10 It is, therefore, essential that extraction processes are carried out in a manner which minimises adverse effects on the environment. The Local Planning Authority will pay particular attention to mitigating noise, vibration, dust, dirt, odours and the effects of heavy goods vehicles.

18.11 Similar considerations will apply to any other, as yet unidentified, clay extraction sites which may come forward for development within the UDP period. In this respect, the Local Planning Authority, being the Minerals Planning Authority for the Borough, is mindful of its duty to review existing sites and workings within its area under Section 3 of the Minerals Act 1981.

Policy MI2 - The Control of Oil and Gas Facilities Planning applications for oil and natural gas exploration and extraction facilities within the Borough may be permitted, but the Local Planning Authority will have particular regard to the following: (i) national energy policies; (ii) the design of installations; (iii) the siting of proposed facilities, particularly in relation to the Green Belt, Areas of Special Landscape Value, areas of nature conservation value, and the Coastal Zone; (iv) visual appearance, noise, dirt, dust and odours associated with installations; (v) the traffic generated by the development in relation to the local road network; and (vi) proximity to residential or other sensitive development.

POLICY MI2 - REASONED JUSTIFICATION

18.12 The western part of Wirral, basically all the area west of the M53 Motorway, has been licensed by the then Department of Energy for oil and natural gas exploration, and in the 1970's and early 1980's some preliminary seismic tests have taken place within this area. Whilst the Local Planning Authority will have due regard to national energy policies, oil and natural gas exploration can have substantial environmental effects. Due consideration will be given to these effects in assessing planning applications, in order to mitigate adverse environmental conditions.

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18.13 Oil and natural gas have been discovered in commercial quantities in Liverpool Bay. One company is to develop onshore facilities at Point of Ayr in Clwyd, allowed on appeal in 1992. The company is now considering options for further onshore facilities for the distribution and storage of oil which may involve a site within the Borough. If such proposals come forward, the Local Planning Authority will evaluate them within the provisions of Policy MI2, with the added condition that such development should normally be located within areas allocated for employment uses in the UDP.

Policy M13 - Facilities for Marine Won Sand and Gravel

The Local Planning Authority acknowledges that the retention and expansion of port-side facilities for the storage and distribution of marine-won sand and gravel will continue to be a viable and appropriate use within all the Dockland areas of the Borough, and will continue fully to support such use.

POLICY MI3 - REASONED JUSTIFICATION

18.14 There are substantial deposits of sand and gravel in Liverpool Bay. At present only sand is dredged under licence from designated areas, but there is capacity for expansion of the industry subject to compatibility with marine wildlife and nature conservation interests. Such expansion is outside the control of the UDP, as planning powers only apply to low water mark.

18.15 Sand is landed and stored for distribution within the Wirral Docks at present. This use is entirely compatible with the objectives of port operations in all Wirral's ports and is encouraged by the Borough Council as part of economic and urban regeneration.

Policy MI4 - Sand, Gravel and Sandstone Extraction

The extraction of sand, gravel and sandstone within the Borough will not be permitted where it would have significant adverse effects that could not be satisfactorily alleviated. Proposals within, or likely to affect designated areas of national or international nature conservation importance will be subject to the most rigorous examination in terms of their environmental effects. The Local Planning Authority will give the most special scrutiny to proposals within or likely to affect sites of local biological, nature conservation or geological importance and Areas of Special Landscape Value.

POLICY MI4 -REASONED JUSTIFICATION

18.16 There are small deposits of sand and gravel within Wirral, but all lie beneath best and most versatile agricultural land, and/ or Areas of Special Landscape Value. Commercial use of sands extracted from the Mersey Estuary is limited by contamination from industrial pollution, and sand within the Dee Estuary and North Wirral foreshore are located in SSSI's, and in the case of North Wirral has

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been proved to be not commercially usable, even as building sand. There are no known deposits of industrial or special sands within the Borough.

18.17 In view of this, the winning of sand and gravel from land-based deposits will not normally be allowed. However, there are some embankments and stockpiles of such materials present within the Borough as a result of previous excavations. These may present opportunities within the UDP period for exploitation to provide building materials particularly for urban regeneration projects, and to achieve local environmental improvements.

18.18 With regard to sandstone, there are substantial outcrops within Wirral, but all are located in Areas of Special Landscape, ecological or nature conservation value, most notably in the two sandstone ridges comprising Storeton Hill to Bidston Hill in the east of the Borough, and the Heswall/ Caldy/ Thurstaston Hill complex in the west - the two topographical features which give Wirral its unique landscape character. In view of this, and the fact that there are substantial reserves with planning permission in both the North West Region and North Wales justifies the policy stance that exploitation will not normally be permitted.

Policy MI5 - Development Control Criteria for Mineral Extraction

In assessing planning applications for non-energy mineral extraction, the Local Planning Authority will be guided by the following criteria: (i) that there is a demonstrable need and market demand for the mineral in line with Government guidance; (ii) operations will not have an unacceptable impact on existing or proposed residential or other sensitive uses in terms of visual amenity, noise, vibration, smells, dust, litter, vermin, pollution of air, land or water, or other nuisance; (iii) adequate provision is made for screening and landscaping whilst work is in progress; for restoration, which should be phased on larger sites; and for appropriate aftercare; (iv) operations will not have unacceptable effects on the water environment; (v) traffic access arrangements are satisfactory and not environmentally unacceptable; (vi) operations will not have an unacceptable effect on the viability or structure of an agricultural holding, nor lead to the permanent loss or reduction in quality of best and most versatile agricultural land; (vii) operations will not unacceptably affect Listed Buildings or their settings, Scheduled Ancient Monuments, Areas of Special Landscape Value, Conservation Areas, sites of archaeological importance, and nationally and locally designated sites of importance for nature conservation or earth science; (viii) operations will not lead to the sterilisation of other workable mineral deposits on or adjacent to the site;

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(ix) operations will not have an unacceptable impact on the general landscape setting; and (x) operations will not increase the extent of active workings in a particular location to an unacceptable degree.

POLICY MI5 - REASONED JUSTIFICATION

18.19 A criteria based approach has been adopted, and sites, with the exception of the known clay reserves in north Wirral, are not identified, as insufficient information on the occurrence of mineral deposits and their workability is available, given the extremely limited number of planning applications which may be likely to come forward.

18.20 All mineral workings must show that operations can be effectively screened and will not involve unacceptable environmental nuisance. Applicants must also demonstrate that there is a need and an identified market for the mineral, and demonstrate satisfactory restoration and aftercare proposals, to be agreed with the Local Planning Authority.

18.21 In some cases, where the mineral operations are adjoining derelict or poor quality land, the Local Planning Authority may negotiate with developers to secure legal agreements which involve the restoration of such adjoining land as part of the overall restoration scheme for the proposed development.

18.22 The Local Planning Authority will also take into account the possibility that a proposed development which would be acceptable in isolation may result in an over-concentration of extraction activity in a particular locality, causing prolonged and unacceptable environmental consequences to local residents. In such circumstances, the Local Planning Authority may consider refusing planning permission to protect local communities from such unacceptable consequences.

Policy MI6 - Use of Secondary and Recycled Aggregates.

The Local Planning Authority will encourage the use of secondary aggregates and inert waste materials, such as re-usable demolition wastes, colliery shale and pulverised fuel ash, as alternative materials to newly-won minerals, provided this is economically and environmentally acceptable.

POLICY MI6 - REASONED JUSTIFICATION

18.23 In line with current Government guidance, the Local Planning Authority will encourage the use of secondary and recycled aggregates in building projects. The Authority has no power to be prescriptive but could, for example, in negotiation with its contracted developers for its own development projects, specify proportions of the use of such materials in particular cases.

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18.24 The use of such materials, often perceived as waste, as an alternative to natural aggregates is, in many cases, technically feasible and economically sound. It is also fully in line with the achievement of sustainable development, as it conserves valuable aggregate resources and reduces the quantity of material requiring disposal.

18.25 However, in implementing Policy MI6, the Local Planning Authority will need to be satisfied that, in particular cases, such use of materials is economically justified, and that the implications of using recycled materials, including the recycling process itself, will not involve unacceptable environmental effects.

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19. WATER

PART ONE POLICY

POLICY WAT1A - FLUVIAL AND TIDAL FLOODING DEVELOPMENT AND FLOOD RISK PLANNING PERMISSION WILL ONLY BE GRANTED FOR NEW DEVELOPMENT WHICH WOULD NOT BE AT RISK FROM FLUVIAL OR TIDAL FLOODING, OR WHICH WOULD NOT INCREASE THESE RISKS TO OTHER DEVELOPMENTS. THE LOCAL PLANNING AUTHORITY WILL ADOPT A RISK-BASED SEQUENTIAL APPROACH WHEN CONSIDERING DEVELOPMENT PROPOSALS IN OR AFFECTING FLOOD RISK AREAS. DEVELOPMENT WILL NOT BE PERMITTED WHERE EXISTING SEA OR RIVER FLOOD DEFENCES, PROPERLY MAINTAINED, WOULD NOT PROVIDE AN ACCEPTABLE STANDARD OF SAFETY OVER THE LIFETIME OF THE DEVELOPMENT, OR WHERE THE PROPOSAL WOULD INCREASE THE RISK OF FLOODING ELSEWHERE.

POLICY WAT1A - REASONED JUSTIFICATION

19.1A Part of Wirral’s two main river catchments, the Birket and the Fender Valley, are at risk of flooding, particularly during times of high rainfall and high tide in the River Mersey. Whilst this is rare, the Environment Agency has completed the improvement of the contructed defensive bunds around the lower reaches of the two rivers Birket and Fender. These improved bunds will better protect large parts of Leasowe and north Moreton, but development will have to be constrained in areas between the bunds and the river channels to ensure that the defences retain their integrity. The functional flood plain areas – the unobstructed or active areas which are not protected by these flood defences - where water would regularly flow in times of flood, are shown on the Proposals Map. Only very limited forms of development will be acceptable within the functional floodplains. In addition, low-lying land in north Wirral is protected from tidal flooding by the Wallasey Embankment.

19.1B The Environment Agency has prepared Indicative Flood Plain maps for Wirral, which show areas adjacent to these watercourses and the coast where water flows in times of flood or would flow, but for the presence of flood defences. The boundaries to the Indicative Flood Plain are reproduced on Map [x] and Map [y]. These areas are based on the best information available, including historical flood records and computer models of river and tidal flows. In terms of river or fluvial flooding they show the extent of flooding that could occur once in 100 years, a flood with a 1 per cent chance of happening in any one year. For flooding from the sea or tidal estuaries the maps indicate a 1 in 200 year return period, a flood with a 0.5% per cent chance of happening in any one year. It should be noted that return periods are averages and floods could occur in successive years or more than once in one year. They also do not cover flooding from other sources such as groundwater flooding, burst water mains, blocked

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road drains, runoff from fields or hillsides or sewer overflows, as this type of flooding can occur almost anywhere depending on the pattern of rainfall.

19.1C Developers and the Local Planning Authority are now expected to adopt a risk- based approach when considering development proposals which are within or likely to affect flood risk areas and follow a sequential approach aimed at directing development to areas at lower risk of flooding. Planning applications within all flood risk areas must be accompanied by a detailed and robust flood risk and run-off assessment for the particular site within its hydrological context. New development should also not increase flood risk elsewhere.

19.1D A more detailed policy framework for the different flood risk areas is set out in below.

Policy WA1 - Development and Flood Risk

The area identified as Washland is indicated on the Proposals Map: (i) Within Washland, development will not be permitted unless the developer is willing to provide compensatory storage and/ or flood protection to an appropriate standard as part of the development. (ii) Where land is (a) in an area protected from tidal flooding by embankments or (b) within a floodplain but at a lower risk of fluvial flooding and the land is protected by flood embankments, which are properly maintained and provide an acceptable standard of safety, development may be permitted, subject to consultation with the Environment Agency and where necessary the imposition of appropriate conditions, for example, with respect to minimum floor level. (iii) Development which would itself increase the risk of flooding to other properties or which would reduce the effectiveness or impede the maintenance of flood control structures or works will not be permitted. (iv) Development which would adversely affect the integrity and continuity of tidal and fluvial defences or which would compromise the access requirements for maintenance or emergency purposes will not be permitted.

POLICY WA1 - REASONED JUSTIFICATION

19.2 The Proposals Map shows two areas in north Wirral which are low-lying and potentially at risk of flooding from the River Birket and from the River Fender. The Environment Agency has constructed bunds along the line of Birket, from Tarran Industrial Estate to the confluence with the River Fender, which will greatly reduce the risk of flooding to areas between the bunds and the natural limit of the flood plain.

19.3 The Proposals Map indicates areas of Washland - areas of floodplain where water will continue to inundate in times of flood - along part of the courses of the

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River Birket and the River Fender. This Washland is a combination of the natural floodplain unrestricted in extent - notably the upper Birket upstream of Moreton, and natural floodplain restricted in extent by artificial features such as the M53 Motorway embankments and constructed flood defence works. The flood defence works provide protection to some residential and commercial areas against flood levels up to that likely to occur once in a one hundred year period.

19.4 The areas of Washland, whether or not enclosed by these defences, as shown on the Proposals Map, must be kept clear of development which obstructs the flow of floodwater. Within areas of Washland, open space uses such as playing fields, golf courses, parks and nature reserves are acceptable, but built development will only be permitted if a compensatory amount of washland is provided elsewhere and the development is designed so as to mitigate the risk of flooding.

19.5 Outside of the Environment Agency flood defences, there remains a residual risk of flooding should the defences fail or a level of flooding occur which exceeds their design capacity. This wider area equates to the natural floodplains of the River Birket and of the River Fender and is shown on Map 4. Within this area, the second criterion of Policy WA1 indicates that development proposals will be subject to consultation with the Environment Agency and consent may be subject to the imposition of appropriate conditions. In the short term, any development on land within this area should be subject to the completion of the Birket/ Fender Environment Agency flood defences.

19.6 Map 5 shows an additional area of flood risk along the course of the River Dibbin in Bromborough to which Policy WA1 will also apply.

19.7 Much of the land around Moreton is additionally protected from flooding by the Wallasey Embankment, as shown on Map 6, and the integrity of the Embankment should not be damaged by inappropriate development. A site at the corner of Pasture Road/ Leasowe Road has been identified as an area where tidal water storage may occur following overtopping of the Wallasey Embankment in extreme tidal and weather conditions. Any development on this site would need to incorporate engineering measures which not only protected the site from flooding but did not place existing built development at greater risk.

Policy WA1A - Development and Flood Risk Within the Functional Floodplain, shown on the Proposals Map, built development will not be permitted. An exception will made for essential transport or utilities infrastructure that cannot be located in a lower flood risk area and which is designed and constructed to remain operational in times of flood. Some outdoor sport, recreation, amenity and conservation uses may be acceptable within the Functional Floodplain, provided that no built development is required and the Local Planning Authority is satisfied that adequate warning and evacuation procedures are in place.

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Development may be permitted where the land falls: (a) within an area protected from tidal flooding by embankments; or (b) within a floodplain, but at a lower risk of fluvial flooding, and the land is protected by flood embankments that are properly maintained and that provide an acceptable standard of safety. Development in these protected areas will, however, only be permitted subject to consultation with the Environment Agency and, where necessary, subject to the imposition of appropriate conditions, for example, with respect to minimum floor levels. In addition to the above, any development on land identified as at risk from fluvial or tidal flooding will only be permitted provided that all the following criteria are satisfied: (i) a satisfactory assessment of the flood risk and run off implications of the proposed development has been submitted; (ii) the Local Planning Authority is satisfied that there are no reasonable options for locating the proposal on land within a lower flood risk category, consistent with sustainable development objectives and other UDP policies; (iii) the Local Planning Authority is satisfied that the appropriate minimum standard of flood defence, including suitable warning and evacuation procedures, will be maintained for the lifetime of the development; (iv) the development will not increase the risk of flooding to other properties or reduce the effectiveness or impede the maintenance of flood control structures or works; (v) the development will not adversely affect the integrity and continuity of tidal and fluvial defences or compromise the access required for maintenance or emergency purposes.

POLICY WA1A - REASONED JUSTIFICATION

19.2A Policy WA1A applies within the boundary of the Indicative Flood Plain, shown on Map[x] and Map[y]. The Indicative Flood Plain includes the Functional Floodplain, where water will continue to inundate in times of flood, along part of the courses of the Rivers Birket, Fender and Dibbin. The Functional Floodplain is a combination of the natural floodplain, unrestricted in extent, notably the upper Birket upstream of Moreton and the Dibbin Valley, as well as the natural floodplain, restricted in extent, by artificial features such as the M53 Motorway embankments and purpose-built flood defence works. The Functional Floodplain is shown on the Proposals Map.

19.2B The Birket/Fender flood defence works provide protection to some residential and commercial areas against flood levels up to that likely to occur once in a one hundred year period. Outside of the Environment Agency flood defences, there

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remains a residual risk of flooding should the defences fail or a level of flooding occur which exceeds their design capacity. This wider area equates to the natural floodplains of the River Birket and of the River Fender and is shown on Map [x]

19.2C Much of the land around Moreton is also protected from flooding by the Wallasey Embankment, as shown on Map 6. The integrity of the Embankment must not be damaged by inappropriate development. A site at the corner of Pasture Road and Leasowe Road has been identified as an area where the storage of tidal water may occur, following the overtopping of the Wallasey Embankment in extreme tidal and weather conditions. Any development on this site will need to incorporate engineering measures which will protect the site itself from flooding and which will ensure that other existing built development will not be placed at any greater risk.

19.2D Flood defences can only reduce the risk of flooding and cannot eliminate it entirely. As a first principle therefore, new development should still be directed to locations outside the flood plain boundaries. Planning permission for built development within the functional floodplain will, therefore, be wholly exceptional and acceptable proposals will be limited to the uses identified in Policy WA1A.

19.2E For all development proposals within the floodplain, residual flood risk and run- off implications will need to be fully assessed. Policy WA1A, therefore, requires applicants to prepare and submit a formal flood risk assessment, in consultation with the Environment Agency. The main purpose of this technical assessment is to consider whether any proposed development is likely to be affected by flooding, or is likely to increase flood risk elsewhere, and to set out the measures that will be proposed to deal with these effects and risks.

19.2F The Local Planning Authority will need to be satisfied that any flood risk to the development or any additional risk arising from the proposal will be successfully managed with the minimum environmental effect, to ensure that the site can be developed and occupied safely. The level of detail required will vary. The assessment for a small-scale development on a low risk site with minimal secondary effects will, for example, probably be fairly brief. National guidance on preparing flood risk assessments is set out in Appendix F of PPG 25: Development and Flood Risk.

Policy WA2A - Development and Land Drainage

(i) Where proposed developments are on land of such a size or nature relative to receiving watercourses that there could be a significant increase in surface water run-off from the area, or are situated in an area where the Environment Agency has indicated that there may be drainage problems, consultation with the Environment Agency or the local Land Drainage Authority will be required and conditions may be imposed requiring storage within the surface water system.

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(ii) In assessing development proposals, the Local Planning Authority will seek to maintain and enhance the natural character of wetlands, groundwaters, ponds, rivers and their margins. In particular, the culverting of watercourses will be discouraged, in order to preserve the natural storage provided and to avoid future maintenance difficulties.

Development proposals should, where practical and appropriate, incorporate Sustainable Drainage (SuDs) principles in their design. Responsibility for the adoption and future maintenance of SuDs should also be considered at the design stage and made clear as part of the planning application submission. The Local Planning Authority will make use of planning conditions or legal agreements to secure implementation of SuDs where appropriate

POLICY WA2 - REASONED JUSTIFICATION

19.8 Upstream of the areas protected by the embankments on the River Birket and the River Fender and their tributary streams, and in other river catchments such as the River Dibbin in the south of the Borough, large developments may have an effect on the run-off to these tributaries. This effect will also impact on water levels and the character of watercourses downstream. Where this effect is likely to be significant, for example, in their potential effect on the River Fender and/ or the River Birket, conditions may be required on applications for development which will provide for surface water run-off controls such as attenuation tanks of over-sized drains.

19.9 Watercourses and areas of standing water are important wildlife habitats and provide for many leisure pursuits. It is important, therefore, to protect and enhance their natural character. In addition, the Environment Agency have access rights to many water areas and their margins for maintenance, which must also be protected.

19.9A Sustainable drainage systems (SuDs) are physical structures built to receive surface water run-off. They seek to provide a drainage system that will deal with run-off as close to the source as possible, mimic natural drainage, minimise pollution and flood risk and provide an alternative to conventional drainage systems. A revision to Part H of the Building Regulations 2000, which came into force on the 1st April 2002, now requires that rainwater runoff should discharge into one of the following:

· an adequate soakaway or some other adequate filtration system; · a watercourse; · a sewer.

19.9B The list of run-off solutions is presented in order of priority. For example, a discharge to a watercourse wil only be acceptable where it is not reasonably practicable to use a soakaway. Similarly, discharge to sewer should only be used when discharge to a soakaway or watercourse is not practicable.

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19.9C The incorporation of SuDs requires careful consideration, both in terms of the suitability of the site and its surroundings and in terms of arrangements for adoption and future maintenance. One way of demonstrating that all relevant the issues have been addressed is for an applicant to prepare and submit, with their planning application, a drainage strategy which will address:

· the types of measures that have been assessed; · the types of measures that will be considered at detailed design; · the evidence of sub-soil porosity and suitability for use of infiltration SuDs; · pre- and post-development run-off calculations to determine the scale of SuDs required; · an assessment of flood risk where this is deemed appropriate; · proposals for integrating the drainage system into the landscape or any required public open space; · the demonstration of good ecological practice including habitat enhancement; · the estimates of land take for different drainage options based on initial calculations carried out to size any significant drainage structures. · the arrangements to be made for adoption and future maintenance

PART ONE POLICY

POLICY WAT2 - PROTECTION OF THE WATER ENVIRONMENT WHERE APPROPRIATE AND PARTICULARLY IN VULNERABLE AREAS, THE LOCAL PLANNING AUTHORITY WILL IMPOSE LAND-USE PLANNING CONTROLS AND OBLIGATIONS DIRECTED AT THE PREVENTION OF THE POLLUTION OF WATERCOURSES AND GROUNDWATER.

POLICY WAT2 - REASONED JUSTIFICATION

19.10 The prevention of pollution of watercourses and sources of groundwater is becoming increasingly important. This is supported by EC directives on water quality objectives. The UDP can assist by controlling land-uses likely to cause harm to the water environment, thereby complementing the pollution control aims of other regulatory bodies.

Policy WA3 - Development and Groundwater Protection

In considering proposals for development, the Local Planning Authority will have regard to the need to protect sources of groundwater. The Local Planning Authority may require consultation with the Environment Agency and may impose conditions and obligations directed at preventing derogation in terms of both quality and quantity. Particular attention will be paid to proposals for mineral extraction, waste disposal, industrial and chemical processes.

POLICY WA3 - REASONED JUSTIFICATION

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19.11 Much of Wirral is founded on sandstone which forms a major aquifer. Groundwater sources within this aquifer need to be protected, to maintain water supplies from acquifers (13% of water abstracted in Wirral and Ellesmere Port and Neston), to feed surface waters through springs and by base flows to rivers.

19.12 However, groundwater is often at risk not only from point sources but from diffuse sources of pollution which accumulate over many years, such as from the landfilling of wastes and the application of fertilizers and pesticides. If groundwater becomes polluted, it is difficult to rehabilitate because slow rates of groundwater flow and low microbiological activity limit any self-purification. It is, therefore, better to prevent or reduce the risk of groundwater contamination than to deal with it’s consequences. Mineral extraction and changes in land-use may also affect the availability of groundwater resources by restricting recharge and diverting flow.

19.13 The Environment Agency has extensive powers over the protection of such areas and these are supported by the control of potentially polluting development through the UDP. Development and the use of land is one consistent element in the list of potential threats to the quality of groundwater; land-use planning policies can, therefore, play a significant role in effective groundwater protection.

19.14 The concept of groundwater vulnerability recognises that risks of pollution from a given activity are greater in certain hydrological, geological and soil situations than others. The Environment Agency has mapped groundwater vulnerability for the Wirral and has identified major aquifers within these, high vulnerability or “principle recharge areas”. These are illustrated on Map 7. These areas are particularly vulnerable to pollution by agricultural and industrial activities and by urban development in general.

19.15 Policy WA3 attempts to complement Environment Agency powers and duties by using land-use planning powers to assist in protecting the groundwater resource as a whole and in particular these principal recharge areas. A distinction needs to be made between the general protection of the groundwater resources and the specific protection which may be needed for individual sources. It is possible to define the source catchment area of an aquifer. This is the area of land needed to sustain groundwater abstraction by natural recharge. The Environment Agency is in the process of defining groundwater source protection zones. These can rarely be regarded as definitive and maps will not be published, although information will be available from the Environment Agency. Consideration of source protection zones should therefore be regarded as additional to the general consideration of groundwater vulnerability.

Policy WA4 - Safeguarding Water Resources

In considering proposals for development, the Local Planning Authority will look to safeguard water resources and water supply to water users,

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unless it can be demonstrated that there are adequate water resources which already exist or will be provided in time to serve the development.

POLICY WA4 - REASONED JUSTIFICATION

19.16 Within the Borough, there has been a drop in the water table over recent years. This has had a consequential effect on many still water ponds and other water bodies within Wirral. It is thought that this has been in part due to over- abstraction of groundwater resources and the porous nature of the sub-strata in the area generally. Consequently, the Local Planning Authority will seek to ensure that new development will not have a detrimental effect on existing resources and abstractors.

Policy WA5 - Protecting Surface Waters

The Local Planning Authority will only permit development which: (i) includes satisfactory arrangements for the disposal of foul sewage, trade effluent or contaminated surface water; (iii) does not exacerbate existing problems such as premature or increased frequency of discharges through storm sewer overflows due to inadequate infrastructure or lack of sewer capacity; and (iii) will not lead to spillage or leakage of stored oils or chemicals or other potentially polluting substances.

POLICY WA5 - REASONED JUSTIFICATION

19.17 For historic reasons, Wirral in common with much of the North West Region has a sewer system which is, or is becoming in parts, overloaded. Further development may lead to water pollution unless additional infrastructure is provided. In some cases, development may have to be phased where it is clear that foul sewers and sewage treatment works of adequate capacity and design are needed to serve the development.

Policy WA6A - Development Within River Corridors

In considering proposals for development within river corridors, the Local Planning Authority will have regard to the need to conserve and or enhance the biodiversity and natural character of those watercourses or encourage appropriate water-based or waterside recreation. In addition, adequate provision should be made to secure permanent areas for river maintenance purposes and public access, where practical and safe to do so.

POLICY WA6A - REASONED JUSTIFICATION

19.18 River corridors are of great importance for water resources, nature conservation, fisheries and recreation and often make a significant contribution to the

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character of the landscape. Appropriate development can often result in an improvement in the quality of public access, natural habitats and water quality.

Policy WA7 - Heswall Drainage Catchment Area

Proposals for uses likely to generate extra sewage discharges will be subject to a condition preventing the implementation of the permission until the commissioning of the improvements to the Target Road Sewage Works in Heswall.

POLICY WA7 - REASONED JUSTIFICATION

19.19 There has been a long-standing problem of pollution in the Dee Estuary resulting from discharges from Target Road Sewage Works and associated sewerage systems. Planning consent has now been granted for improvements to the Sewage Works, and thus the previous embargo on new development which would have generated extra sewage discharges can now be lifted, subject to the imposition of a "Grampian" condition preventing the implementation of new consents until the improvements to the Sewage Works are commissioned.

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20. THE COASTAL ZONE

PART ONE POLICY

POLICY COA1 - PRINCIPLES FOR THE COASTAL ZONE THERE WILL BE A COASTAL ZONE IN WIRRAL. IT'S BOUNDARIES ARE AS SHOWN ON THE PROPOSALS MAP. WITHIN THE COASTAL ZONE PROPOSALS FOR DEVELOPMENT WILL HAVE TO SATISFY ADDITIONAL DEVELOPMENT CONTROL CRITERIA RELATED TO: (i) PRESERVING AND ENHANCING THE CHARACTER OF THE COAST, IN PARTICULAR, IT'S NATIONAL AND INTERNATIONAL IMPORTANCE FOR NATURE CONSERVATION AND THE QUALITY OF THE COASTAL LANDSCAPE; (ii) DIRECTING DEVELOPMENT APPROPRIATE TO THE COASTAL ZONE TO THE DEVELOPED COAST; (iii) PROVISION FOR APPROPRIATE AND ENVIRONMENTALLY SUSTAINABLE TOURISM AND RECREATION, AND (WITHIN THE DEVELOPED COAST) EMPLOYMENT DEVELOPMENT; AND (iv) THE NEED TO IMPROVE THE QUALITY OF BATHING AND COASTAL WATERS.

POLICY COA1 - REASONED JUSTIFICATION

20.1 Wirral’s coast is approximately forty-one kilometres long and, directly or indirectly, has a major influence on the character of the Borough. The coast is of considerable importance for nature conservation and also plays an important leisure and recreation role particularly on the north Wirral and Dee coasts. Much of the Mersey coast is heavily developed.

20.2 A number of principles have underpinned the definition of the Coastal Zone, namely:

· the geographical extent of coastal natural processes - the limit in the seaward direction being the mean low water mark · the limit of human activities related to the coast, including industry, tourism and recreation · incorporation of that land which is clearly “coastal” in character but which is not necessarily affected by coastal processes

20.3 The inner boundary of the Coastal Zone varies considerably within Wirral, reflecting the differing influence of these factors. The Coastal Zone is at it's broadest on the north Wirral coast and along the Dee Estuary. With the exception of West Kirby and Hoylake, which can be considered to be developed residential coastline, this is essentially undeveloped coastline where coastal influences and "coastal character" clearly extend further inland. This stretch of

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coastline is also important for coast-related recreation, nature conservation, archaeology and has a wide tidal range.

20.4 By contrast, the Coastal Zone along the River Mersey is more narrowly defined, reflecting the fact that much of this stretch has been developed for residential and industrial purposes and as a result the influence of coastal processes and coastal character does not extend far inland. This is particularly the case between New Brighton and Seacombe. South of this point, the Mersey coast is heavily industrialised with the exception of short stretches at New Ferry and Eastham, much of it with industries and activities which require a coastal location.

20.5A The Council’s central aim is the preservation and enhancement of the character of the coast. Much With the exception of a small section of coast between Seacombe and Tranmere, all of Wirral’s coastline is of national and international importance for nature conservation. Along with other estuaries in the North West Region, the Dee and Mersey Estuaries contribute to one of the most significant wetland habitats for birds in western Europe. The Council has a statutory duty to further the conservation and enhancement of those sections of the coast designated as being of special scientific interest. However, it is the visual quality of the Wirral coastline rather than it’s nature conservation value which attracts many visitors, particularly to the Dee coast. Protection of landscape quality particularly on the undeveloped coastline is thus also of considerable importance.

20.6 Stretches of the developed coast have considerable economic resource value as a location for uses which require a coastal location, for example, the Tranmere Oil Terminal, the Birkenhead and Wallasey Docks and the Eastham Locks/ QEII Dock Compex. There are also a number of significant development sites along the Mersey coast, including the former docks at Twelve Quays, at Cammell Lairds and at a number of sites in the Bromborough and Eastham areas which have a potentially important role to play in securing the Local Planning Authority’s urban regeneration objectives. This will also help to secure the protection of the undeveloped coast.

20.7A The issue of bathing and coastal water quality has been thrown into sharp focus by the need for Britain to comply with two EC Directives covering Urban Waste Water and Bathing Water. Both require the achievement of certain standards by an end date. In the case of the Bathing Water Directive, the Government is committed to achieving compliance by 1995, while the Urban Waste Water Directive has to be implemented either by the year 2000 or by the year 2005 depending on the size of the population.

20.8 The Bathing Water Directive requires that "identified bathing waters" be brought into compliance with limit values for specified bacteria. All four of the identified bathing beaches in Wirral met EC standards during 1994, with Dee Lane in West Kirby, meeting the standards for the first time in the four years the site has

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been monitored. Another of the beaches, Pasture Road in Moreton, had one of the best results for the whole of the North West Region.

20.9 In practice, further significant improvements in the quality of the Borough’s bathing waters will be difficult to achieve without major investment in improved sewage treatment. With the exception of primary treatment at the Target Road Sewage Works at Heswall, sewage is discharged from the area into the River Mersey/ north Wirral coast in an untreated state, apart from the screening of solids.

20.10 The UDP has a role to play both in terms of the control of potentially polluting development and also by identifying sites for sewage treatment works and outfalls and land-use policies relating to these matters can be found in Section 17, Section 19 and Section 21 of the Plan.

20.11A The UDP forms only one element of a package of measures concerned with the management of Wirral’s coastline. The Leisure Services and Tourism Department produced a Coast Management Policy in 1989 which concentrated on managing the recreational use of the coastline. The Borough Engineer’s Department also has a significant role through their responsibility for coastal and sea protection infrastructure, most of which is concentrated on the north Wirral and Mersey coasts. Other relevant considerations include the Liverpool Bay Shoreline Management Plan, Management Plans for sites such as the North Wirral Coastal Park and the non-statutory management plans for the Dee and Mersey Estuaries. The wide range of strategies and stakeholders relating to the coast emphasises the importance of adopting an integrated approach to the planning and management of the coastal zone.

20.12 Wirral Borough Council is also involved in the preparation of non-statutory, inter- agency, management plans for the Dee and Mersey Estuaries. The Dee Estuary Strategy was published in January 1996 and has been prepared on behalf of the Dee Estuary Forum by a Project Officer initially employed by English Nature. The Dee Estuary Forum comprises representatives from local authorities, the Environment Agency, conservation organisations and other interested groups. The aim of the Strategy is to achieve the "conservation and sustainable multi-use of the natural resource; providing a policy framework for integrating current and future uses and interests in the Estuary".

20.13 The Mersey Estuary Management Plan was published in February 1996. It was prepared by The University of Liverpool who began work on the draft Management Plan in 1992. The need for a management plan was agreed in 1990 by the Mersey Basin Campaign's Estuary Project Group, on which Wirral is represented. The aim of the Mersey Estuary Management Plan is "to provide an advisory framework for the future management of the Mersey Estuary within which existing interests can be safeguarded and development proposals evaluated, to enable the realisation of the fullest possible potential of the Estuary as a national resource".

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20.14 The completed management plans provide important input into both the statutory and non-statutory planning and management of the estuaries. The presence of many different ownerships, users and other interests affecting the Dee and Mersey estuaries in particular could lead to conflicts in the management of the coastal waters. Advice contained within these management plans will be of particular value in helping to minimise these conflicts.

20.15 These management initiatives are now moving into the implementation phase, and action programmes have been prepared for both the Dee and Mersey Estuaries. Policy CO1A - Development Within the Developed Coastal Zone Development will be permitted within the Developed Coastal Zone subject to the following criteria: (i) the development requires a coastal location, unless the applicant can demonstrate that there are no alternative sites outside the Coastal Zone capable of accommodating the proposed development; (ii) the proposal will not adversely affect coastal and marine nature conservation, biodiversity, or earth science, archaeology, urban or rural landscape value or visual quality; and (iii) the proposal does not reduce the effectiveness or impede the maintenance of sea defence or coastal protection structures and additionally satisfies the requirements in Policy CO5 and Policy CO6 relating to development in areas at risk from flooding and erosion. Public access to and along the coast will be expected to be preserved and, where practical and safe to do so, enhanced. The Local Planning Authority will also have regard to possible cumulative impacts resulting from the combination of the proposal with other existing or proposed developments in the Coastal Zone.

POLICY CO1A - REASONED JUSTIFICATION

20.16 Policy CO1A sets out a number of criteria which will be applied to developments above the High Water Mark, other than to coastal or sea defence works, within the developed parts of the Coastal Zone. These criteria, particularly the requirement for a coastal location, reflect the national planning advice set out in PPG20.

20.17A The reasoned justification for Policy COA1 has outlined the importance of much of the coast for nature conservation. Given this situation, impact on nature conservation and biodiversity must be a key factor when assessing new proposals for development in the Coastal Zone. Particular regard will be had to the impact of development, in the industrial area around Bromborough and Eastham, on the Mersey Estuary SSSI. In this respect, the cumulative effect of a

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proposal, when combined with other existing or proposed developments within the Coastal Zone will be an important consideration. In general, development will not normally be permitted which would have a detrimental effect on nature conservation or biodiversity and where such an effect cannot be resolved through the use of planning conditions or Section 106 legal agreements. Further policy guidance on the assessment of proposals on nature conservation can be found in Section 13 of the UDP.

20.18 A key feature of Wirral's coastline is the high degree of public access to the coast, and a long-standing objective of the Council has been the completion of a continuous coastal route for pedestrians and cyclists. While this is substantially complete along the Dee Estuary and the north Wirral coast, substantial gaps exist along the Mersey coast, to the south of Seacombe. New development in these localities should make specific provision for public access to the coast where it is practical and safe to do so.

20.19A No development in the Coastal Zone should lead to a reduction in public access to or along the coast, and indeed where possible, should enhance it. Where this is not possible, Section 106 legal agreements may be used to secure alternative linkages. Policy CO2A - Development Within the Undeveloped Coastal Zone Within the Undeveloped Coastal Zone, small-scale facilities for tourism and water-based recreation will be permitted subject to development will only be permitted where the proposal satisfies all the following criteria: (i)A the proposal clearly requires a coastal location and could not be accommodated within the Developed Coastal Zone; (ii)A the proposal it is located unobtrusively and will not cause disturbance to areas of quiet enjoyment of the coast; (iii)A the proposal will not adversely affect coastal and marine nature conservation, biodiversity or earth science, archaeology, landscape value or visual quality; and (iv)A the proposal will does not reduce the effectiveness or impede the maintenance of sea defence or coastal protection structures, and additionally satisfies the requirements in Policy CO5 and Policy CO6 relating to development in areas at risk from flooding and erosion. The Local Planning Authority will also have regard to possible cumulative impacts resulting from the combination of the proposal with other existing or proposed developments in the Coastal Zone.

POLICY CO2A - REASONED JUSTIFICATION

20.20 Few developments require a coastal location, and the undeveloped coast should not be expected to accommodate new development which could be located

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inland or in existing developed areas. Where a coastal location is required, then the developed coast is the most appropriate location. Not only will this minimise the loss of undeveloped coastline but development here will help to secure wider urban regeneration objectives.

20.21A The fact that much of the landward undeveloped coast is Green Belt, and that the intertidal areas are covered by statutory nature conservation designations, provides strong safeguards against inappropriate development in the Undeveloped Coastal Zone. Policy CO2, therefore, provides further guidance on the two uses which may be appropriate within the undeveloped coast. Policy CO2 should, in particular, be read in conjunction with the policies for Green Belt and nature conservation which can be found in Section 7 and Section 13 of the UDP.

20.22A Small-scale visitor facilities for tourism or water-based recreation are examples of the type of development considered acceptable on the undeveloped coast but only where this could be accommodated without detriment to nature conservation and areas of quiet enjoyment of the coast. This means, for example, that facilities for noisy watersports should normally be confined to the urban coast. As with the developed coast, the Local Planning Authority will need to be satisfied that proposals which individually may be acceptable do not have a detrimental impact when combined with other existing or proposed development.

Policy CO3A - Tourism and Leisure in the Coastal Zone Regeneration of Coastal Communities The following sites allocated for employment or mixed-uses Seacombe, Woodside, New Brighton, Hoylake and West Kirby have ben identified as a focus for regeneration activity and are considered to offer opportunities to enhance access to the coast and to offer opportunities for tourism and coast-related development. Proposals for development ion these sites locations should, where practical and safe to do so, specifically provide for coastal access and an element of coast-related recreation or tourism as part of the overall development of the site. Proposals that are within the Developed Coastal Zone will, additionally, be required to satisfy the requirements of Policy CO1A.: 1. Twelve Quays, Birkenhead (Proposal EM3/1) 2. Cammell Laird Shipyard, Birkenhead (Proposal EM1) 3. Former Power Station, Power Road, Bromborough (Proposal EM3/3)

POLICY CO3A - REASONED JUSTIFICATION

20.23 Promotion of access to the coast for tourism and informal recreation is seen as a high priority by the Council. The coast is also important for formal sport, with facilities such as the Marine Lake at West Kirby being of regional importance. However, formal sport needs careful control to avoid conflict with other uses.

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20.24A Policy CO1A and Policy CO2A have already established the principle that anything other than small-scale visitor facilities for tourism and water-based recreation significant development proposals should normally be confined to the developed coast. There are a number of opportunities in New Brighton, and in addition, the three sites listed under Policy CO3, which are allocated elsewhere within the UDP for employment or mixed-uses, also fall within the developed coastline and represent an opportunity to enhance the provision of coast-related tourism or recreation facilities in a way that also contributes to urban regeneration. In this respect, Seacombe, New Brighton, Hoylake and West Kirby have been identified as key opportunities to enhance the provision of coast-related tourism or recreation in a way that also contributes to Urban Regeneration. It will be important that any proposals within the Coastal Zone itself are compatible with the key principles set out in Policy CO1A.

20.25 The main potential of the former Power Station site in Bromborough and the Twelve Quays site in Wallasey, lies in the further opening up of the coast to public access. This also applies to the Cammell Laird site, but this site also has the potential for more substantial development which could further exploit the existing fitting-out basin, for example, as a marina. This site lies within the area of the Merseyside Development Corporation which is involved in dialogue with Wirral Borough Council and others over the future use of this site, a dialogue that will extend beyond the life of the MDC.

20.26 The Coastal Management Plan produced by the Leisure Services and Tourism Department provides an important framework for aspects of recreational management which fall outside the land-use planning system, including for example, the value of promoting “honey pot” sites located away from sensitive locations. The Leisure Services and Tourism Department also has long- standing plans to expand shore facilities at the West Kirby Marine Lake. Policy CO4A - Criteria for Coastal Protection and Sea Defence Works Proposals for new coastal protection and sea defence works will be permitted subject to the proposal satisfying all the following criteria: (i) the works are necessary to protect life, existing built development or fixed capital assets which cannot be relocated inland; (ii) other options for achieving the same end have been considered, including managed retreat and other soft engineering techniques; (iii) allowance has been made for sea level rise; (iv) impacts on sediment movement within the same sedimentary cell have been examined and minimised; (v) impacts on landscape character and visual quality have been minimised, particularly within Areas of Special Landscape Value and along the undeveloped part of the coastline;

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(vi) the works safeguard sites of international, national and special local importance for nature conservation and earth science on both the landward and seaward sides of the coast; (vii) impacts on the archaeological resource are identified and assessed to minimise potential loss or damage. (viii) the works preserve and enhance public access to the coastline, and do not impede navigation; (ix) satisfactory measures are proposed to minimise the environmental impact of any construction activity; and (x) the works do not increase the risk of coastal erosion or flooding elsewhere.

POLICY CO4A - REASONED JUSTIFICATION

20.27 In the Mersey Estuary, a large proportion of the waterfront now consists of the vertical walls of promenades, Docks and private, industrial premises. In the Dee Estuary, a sandstone wall was constructed at Gayton, but is now rarely reached by the tide. North of this, the Dee Cliffs at Thurstaston, are vulnerable to erosion and the resultant land loss is a serious threat to the recreational activities which take place on the cliff tops. However, this has to be balanced against the ecological status of the cliffs, because their value as a Site of Special Scientific Interest lies in the plant successions resulting from erosion. Further north again, at West Kirby and Hoylake, there are promenades and a Marine Lake which can be overtopped by high tides.

20.28 Coast protection and sea defence structures exist along the entire north Wirral coast. The Wallasey Embankment protects low-lying land, and small island breakwaters at Leasowe and New Brighton are designed to encourage deposition and thus raise beach levels.

20.29A There is growing world-wide concern about the possible impact of sea level rises resulting from global warming. In the Wirral context, the Flood Defence Division of the Ministry of Agriculture, Fisheries and Food, considers that the best estimate of sea level rise for the North West Region of the Environment Agency is 4.0 millimetres each year or 0.2 metres over 50 years; and for the Welsh Region of the Environment Agency, 5.0 millimetres each year or 0.25 metres over 50 years. There are a number of uncertainties associated with these predictions, such as changes in tidal surge and wave height as a consequence of increased south westerly winds (another likely impact of climate change) which have not yet been assessed. In the short term, however, Iit is, therefore, considered that only limited areas of Wirral, such as the Gayton Marsh area, are at risk from tidal flooding as a result of sea level rise.

20.29B In 1999, the Liverpool Bay Coastal Group published a Shoreline Management Plan for coastal sub-cell 11a, between Great Ormes Head and Formby Point. This Plan splits the coast into a series of Management Units with

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recommended future coastal defence policy. In relation to the Wirral Coast, the general approach is one of “Hold the Line”, with the exception of the clay cliffs between Tinkers Dell and the Dee Sailing club, which are eroding through natural processes, are of ecological importance and where the approach in the short term is one of cliff hazard management, and in the longer term, likely to be managed retreat. The Council has additionally issued a “Policy Statement on Flood and Coastal Defence” which provides a public statement of the Council’s approach to flood and coastal defence within the Borough.

20.30A Projects for new flood coast protection and sea defence works require planning permission and are covered by the Town and Country Planning (Environmental Impact Assessment of Environmental Effects) (England and Wales) Regulations 199988 (SI 1199). Improvement works have deemed planning permission are permitted development but are subject to the similar Environmental Impact Assessment (Land Drainage Improvement Works) (Assessment of Environmental Effects) Regulations 199988 (SI 1217). Coast protection works require planning permission and are subject to environmental assessment under the Town and Country Planning (Assessment of Environmental Effects) (Amendment) Regulations 1994 (SI 677). These require the drainage body to consider whether the proposed improvement works are likely to have significant effects on the environment and if necessary, prepare and Environmental Statement.

20.31 Policy CO4A is, therefore, intended to ensure that all the potential impacts of sea defence and coastal protection works are taken into account. In particular, it establishes the principle that new defence protection works should only be constructed where they are necessary to protect life, existing built development or other fixed capital assets. The desirability of preserving the character and amenity of the undeveloped coast means that in these areas, the emphasis should be on natural sea or coastal defences and allowing the coast to adjust to changing conditions. This approach will also safeguard the acknowledged nature conservation importance of much of the undeveloped coastline.

Policy CO5 - Development Requiring Additional Coastal Defence Works Within areas considered to be at risk from coastal flooding or erosion, development will only be permitted where this would not necessitate the construction of additional sea defence or coastal protection works.

POLICY CO5 - REASONED JUSTIFICATION

20.32 Policy CO4 has established the principle of limiting the spread of sea defence and coast protection works along the coast unless these are necessary to protect existing development. Allowing new development in areas prone to flooding and erosion where this would require the construction of additional sea defence and coastal protection works is therefore unacceptable. Policies designed to prevent flooding are also contained within Section 19 of the UDP.

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Policy CO6 - Development within Areas at Risk of Coastal Erosion Development proposed within areas likely to be affected by coastal erosion or land instability should comply with Policy PO7, but will only be permitted where erosion or landslips are not likely to occur during the lifetime of the building.

POLICY CO6 - REASONED JUSTIFICATION

20.33 Even where a proposed building is not at immediate risk from erosion, and coastal defence works are not required in order to enable the development to proceed, such development will not be permitted where it is likely to be at risk from erosion at any time during it’s anticipated lifespan such that new coastal defences would be required. This reinforces the principle, established by Policy CO4A and Policy CO5, of restricting the construction of new coastal defence works to those necessary to protect existing development. Policy PO7, which can be found in Section 21 of the Plan, provides additional guidance for development on unstable land.

20.34 Areas known to be at risk of coastal erosion are shown on Map 9.

Policy CO7A - Criteria for Development in the Inter-Tidal Zone Proposals for structures in the Coastal Zone, part or all of which are below the High Water Mark, other than for coastal protection and sea defence works, will be permitted subject to the proposal satisfying all the following criteria: (i) the proposal requires a location on or near the foreshore or in coastal waters; (ii) the proposal should not interfere with navigation in the Dee Estuary or Mersey Estuary or along the North Wirral Foreshore, nor prejudice the operation of commercial fisheries; (iii) impacts on sedimentary movement within the same sedimentary cell have been examined and minimised; (iv) the proposal does not reduce the effectiveness or impede the maintenance of sea defence or coastal protection structures and does not increase the risk of flooding or coastal erosion elsewhere; (v) the proposal will not adversely affect coastal and marine nature conservation or earth science, archaeology, landscape character or visual quality; (vi) public access is preserved or enhanced unless this would be impractical; and (vii) any associated on-shore facilities satisfy the requirements of Policy CO1A and Policy CO2A.

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The Local Planning Authority will also have regard to possible cumulative impacts resulting from the combination of the proposal with other existing or proposed development in the Coastal Zone.

POLICY CO7A - REASONED JUSTIFICATION

20.35 Policy CO7A is intended to cover development in the inter-tidal zone such as slipways, jetties, piers and outfalls. The key additional criteria relate to the need to ensure that navigation and the operation of commercial fisheries is not impeded and that the impact on sedimentary movement is considered. New development requiring direct access to the water should normally be located near existing facilities. Facilities in other locations will only be permitted in exceptional circumstances, subject to any proposal satisfying the requirements of Policy CO1A and Policy CO2A.

Policy CO8 - Development in the Coastal Zone Requiring Environmental Assessment Where the nature and scale of a development proposal within the Coastal Zone requires that an environmental assessment be submitted, the statement should address the following issues, in addition to other specified information: (i) the necessity for location on the coast/ intertidal zone/ in coastal waters; (ii) the degree of modification of physical features of the Coastal Zone; (iii) implications for sea defences, coastal protection and sediment movement; (iv) impacts on landscape character and visual quality, particularly within Areas of Special Landscape Value and along the undeveloped parts of the coastline; (v) impacts on ecological values, and particularly on sites of importance for nature conservation or earth science; (vi) implications for the archaeological resource, with impacts identified and assessed to minimise potential loss or damage; (vii) possible conflicts with other uses and measures intended to mitigate these; (viii) impacts on navigation and public access to the coastline; (ix) impacts on local amenity and any public amenity benefit resulting from the project; (x) any associated environmental benefit resulting from the project, such as habitat creation, restoration or enhancement; and

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(xi) availability of parking and effects on traffic circulation, where relevant.

POLICY CO8A - REASONED JUSTIFICATION

20.36A Major developments such as ports, power stations, waste disposal installations and oil refineries are categorised as “Schedule 1” developments by the Town and Country Planning (Environmental Impact Assessment of Environmental Effects) (England and Wales) Regulations 199988, as amended, and submission of an Environmental Statement (ES) is mandatory. Other development such as land reclamation, minerals extraction, oil and gas terminals are classified as “Schedule 2” developments for which the Local Planning Authority has discretionary powers to require that an ES be submitted.

20.37 While the regulations identify specified information which an ES must include, Policy CO8A provides additional guidance for developments within the Coastal Zone reflecting the particular circumstances within this area. An ES for a proposed development should address these issues as part of the information requirements specified in the Regulations. The environmental sensitivity of much of the Wirral coastline has already been highlighted, and the Local Planning Authority does not consider major development to be appropriate within areas of open coast.

20.38 Although it now seems unlikely to proceed, in the event of any revived proposal for a barrage across the River Mersey, the Local Planning Authority would require the preparation of an Environmental Assessment (under the terms of Schedule 2 of the Regulations), which would especially have to consider impacts on the hydrodynamics and nature conservation value of the Mersey Estuary.

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21. POLLUTION AND HAZARDS

PART ONE POLICY

POLICY POL1 - REASONED JUSTIFICATION

21.1 The location of potentially polluting or hazardous development can have serious implications for neighbouring land-uses. Uncontrolled, it can also have a detrimental impact on the future environment, on development prospects and on the overall image of Wirral as an attractive place to live and work. Policy POL1, therefore, provides the general strategic criteria which should govern the location and control of such development. In the context of the UDP, pollution can be regarded as the unwanted secondary effects of the development or use of land - the waste substances or surplus energy generated.

21.2 Public safety and the protection of the environment are undoubtedly of most concern to local people and these are identified within the Policy POL1 as the main objectives that are to be pursued. Policy POL1 also indicates the aspects of Wirral that are to be specifically protected. The importance of these aspects is reflected within other Sections of the UDP but are re-stated within Policy POL1 for the purpose of clarity.

Policy PO1 - Potentially Polluting Development

Potentially polluting development or land-use will only be permitted when the Local Planning Authority is satisfied that: (i) the proposed development would not cause harm or nuisance to neighbouring uses, the natural environment or general amenity, as a result of discharges to air, land or water, or from noise, smells, dust, soot, ash, grit or vibration; (ii) any measures required to comply with pollution control legislation will not lead to an unacceptable loss of amenity by virtue of noise or visual intrusion; and

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(iii) the real or perceived risk of a pollution incident occurring and the extent of the potential consequences, would not have unacceptable land-use implications beyond the boundary of the site, including prejudicing the realisation of land-use and other environmental planning objectives set out elsewhere in the Plan. POLICY PO1 - REASONED JUSTIFICATION

21.3 The potential to pollute continues to be an important consideration when determining planning applications and UDPs are specifically required to include policies designed to control pollution. Particular control needs to be exercised over pollution which may be irreversible, very difficult to undo or which may have significant implications across a wide area.

21.4 While other legislation exists to minimise pollution at source, the planning system has an important role in determining the location of potentially polluting development and in ensuring that the site chosen is suitable for the use proposed. As in all types of development, impact on amenity will be an important consideration, including the effect of any measures required to comply with statutory pollution control requirements, such as additional plant or the need to build a chimney stack to a certain height.

21.5 It is also important to ensure that where planning and pollution controls overlap, the wider planning objectives for the area, including the protection of the environment are not compromised. For example, although pollution from a proposed activity may be successfully mitigated through statutory powers, the nature of the activity itself or the real or perceived risk of a failure of the pollution control measures may conflict with neighbouring uses or seriously prejudice the realisation of planning objectives for nearby sites identified elsewhere within the UDP. In addition to a pollution incident at the site itself, the Local Planning Authority will also have regard to the potential impact resulting from incidents such as a toxic spillage on access roads to a site.

Policy PO2 - Development Near Existing Sources of Pollution

Proposals located near existing developments which are authorised or licensed under pollution control legislation, will only be permitted where the Local Planning Authority is satisfied that: (i) the location or nature of the proposed development would not be vulnerable to pollution from the existing land-use, either that permitted under pollution control authorisations or which might result from a failure in pollution control measures; (ii) the proposed development would not result in the need for a higher standard of pollution control measures at the existing development or lead to a failure to renew the relevant pollution control authorisations; and (iii) where the proposed development is itself potentially polluting, there is no adverse, cumulative impact resulting from the existing and proposed developments.

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Particular regard will be had to proposed uses which would lead to a material increase in the numbers of people working or living within or visiting areas close to sources of pollution which pose a risk to human health.

POLICY PO2 - REASONED JUSTIFICATION

21.6 While it is reasonable to protect existing land-uses from potentially polluting development, the principle of separating incompatible uses also applies to other development proposals. Where development subject to pollution control is operating safely, without causing interference or intrusion, it is unreasonable to introduce new development within the area that would either place significant numbers of people at risk or which would unnecessarily render the existing use a nuisance. Policy PO2, therefore, provides for the control of development proposals in locations near existing sources of pollution, especially where the use proposed would be at risk from or sensitive to a pollution incident.

21.7 Her Majesty's Inspectorate of Pollution (HMIP) currently regulates uses which are considered to have the greatest potential to pollute. This includes the following ten sites within Wirral, to which Policy PO2 will in particular apply;

· Chemdal, East Street, Seacombe · Shell UK, Tranmere · Unichema Chemicals, Bromborough Pool · Quest International, Bromborough Pool · UML Power Station, Bromborough · Lever Brothers, New Chester Road, Bromborough · Lubrizol, Dock Road South, Bromborough · FMC Lithium, Commercial Road, Bromborough · Morganite Ceramics, Tebay Road, Eastham · Eastham Refinery, Eastham

21.8 The location of these installations is shown on Map 10.

Policy PO3 - Noise

Development will only be permitted where noise arising from the proposal will not cause unacceptable intrusion or persistent nuisance. In considering such proposals, the Local Planning Authority will have particular regard to:

(i) the location of the proposal in relation to noise-sensitive development or land-uses;

(ii) the existing overall level of background noise within the locality;

(iii) the level, tone, duration and regularity of noise likely to be emitted by the proposal, including any subsequent increase that may be expected in the foreseeable future; and

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(iv) the provision made within the proposals for the mitigation or insulation of noise.

Where anticipated noise levels are considered to be within manageable proportions, the Local Planning Authority may grant planning permission subject to conditions related to the siting, screening or enclosure of noise sources; the limitation of operating times, especially outside normal working hours; the restriction of noisy activities to specified areas of the site; and other measures designed to reduce noise levels at source. Where relevant, the Local Planning Authority may specify target noise limits and seek to enforce them by means of legal agreement.

POLICY PO3 - REASONED JUSTIFICATION

21.9 Noise can cause considerable disturbance especially when a noisy activity is introduced into an area where normal noise levels are low. While statutory provisions for the control of noise exist within legislation outside the Town and Country Planning Acts, the planning system is still the most appropriate mechanism for tackling potential noise problems from new development, at the outset, by ensuring that noise-generating proposals are located and designed to prevent conflict with neighbouring land-uses.

21.10 Residential areas, schools, hospitals and other similar types of use are particularly sensitive to disturbance from noise. However, noise levels need to be considered in relation to local circumstances. Where background noise levels are already high, for example, within an existing industrial zone, busy commercial area, or near an existing major road, the introduction of additional noise may not be so significant. Policy PO3, therefore, specifically provides for the protection of noise-sensitive development but also allows for background noise, the nature and type of noise to be introduced, and the overall increase in noise levels caused by the new development, to be considered in coming to a planning decision.

21.11 In many cases, the impact of noise can be reduced through improved design and other restrictions on the use of the site. The Local Planning Authority will normally ensure that measures necessary in order to minimise noise intrusion will be undertaken as a condition of planning consent, providing these are reasonable to apply. Planning permission will only normally be refused where the increase in noise within an area would be unacceptable and it is clear that noise levels could not be kept within tolerable limits.

Policy PO4 - Noise-Sensitive Development

In considering proposals for noise-sensitive development, the Local Planning Authority will have particular regard to:

(i) the likely level, tone, duration and regularity of noise exposure and any likely increase in the foreseeable future;

(ii) the existing level of background noise within the locality;

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(iii) the extent to which the effects of noise on the proposal can be mitigated through measures such as alterations to layout, provision of noise insulation or restriction of operating hours; and

(iv) the noise exposure category of a site for proposed residential development which is near an existing transport-related noise source.

In all cases, noise sensitive development will only be permitted in locations which are not expected to become subject to unacceptably high levels of noise, or where adequate protection against noise can be achieved by means of planning conditions or planning obligations.

POLICY PO4 - REASONED JUSTIFICATION

21.12 Noise sensitive development is generally accepted as including housing, hospitals and schools. So far as is possible, such uses should be located away from existing or proposed sources of significant noise. These sources include transport, industrial and commercial uses, construction sites and certain recreational and sporting activities. In the case of hospitals and schools which occupy sizable sites, the impact on noise sensitive buildings and activities may be successfully mitigated through careful attention to design and layout.

21.13 Proposed residential development requires particular scrutiny in relation to noise generating activities. Four Noise Exposure Categories (NECs) have been identified to assist in the assessment of residential proposals near transport- related noise sources, such as road, rail, air or a combination of these with industrial noise sources. Sites within Category A are unlikely to be significantly affected by noise, while noise mitigation measures are likely to be necessary for sites falling within Category B and Category C. Category D sites are unlikely to be acceptable for residential uses.

21.14 Where proximity to transport or mixed noise sources seems likely to be a consideration when assessing a proposal for new residential development, the developer will be required to demonstrate that the site in question falls within noise exposure Category A, Category B or Category C and that adequate protection against noise can be provided through noise mitigation measures.

Policy PO5A - Criteria for the Development of Contaminated Land

Development proposals located on land known or suspected to be contaminated will be required to incorporate a detailed ground survey report which clearly identifies:

(i)A the nature, level and extent of contamination on and under the site and of any surface or groundwater;

(ii) the implications of that contamination for the future development of the site; and

(iii) the method of treatment required to bring the site into a safely developable condition for the development proposed.

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Where appropriate, planning conditions or a legal agreement will be used to ensure that satisfactory treatment is carried out, either before development takes place, or as part of an agreed phased programme of treatment and development, in accordance with other relevant policies of the Plan.

New uses which are likely to give rise to contamination will be permitted subject to controls designed to prevent or mitigate potential contamination and to secure reinstatement or reclamation when the use has ceased.

POLICY PO5A - REASONED JUSTIFICATION

21.15 Land contaminated by toxic, corrosive or otherwise harmful substances can pose a serious danger to public safety. It is, therefore, important that such contamination should be removed or treated so as to render the site harmless. Where this can be achieved, together with the redevelopment or otherwise beneficial use of the land, it can offer a major contribution towards urban regeneration.

21.16 The Local Planning Authority does not wish to prevent reasonable development taking place. However, Policy PO5A ensures that adequate environmental safeguards are in place before development will be permitted. Where contamination is strongly suspected, the Local Planning Authority will require the applicant to investigate the condition of the site.

21.17 Planning permission will only be forthcoming where the investigation shows that the contamination would have no implications for public safety or where satisfactory remedial measures can be taken to remove or contain any potential hazard. Development will not normally be permitted until an adequate investigation and site assessment is complete and planning consent will be subject to conditions related to an agreed regime of treatment being carried out before occupation of the site. These requirements may, where necessary, also be enforced by means of legal agreement.

21.18 The disturbance of contaminated land can mobilize pollutants and either cause first time pollution or worsen existing problems. Leachates and drainage from contaminated land sites pose serious risks of major pollution to both rivers and groundwater. Policies in relation to the protection of the Borough’s water resources can be found in Section 19 of the UDP.

21.19 Policy PO5A also includes a clause intended to provide preventative controls over new proposals which may give rise to contamination

Policy PO6 - Migration of Landfill Gas

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Development proposals on land liable to be affected by the migration of gas from a nearby landfill waste disposal site will only be permitted if adequate provision has been made for:

(i) the on-going gas monitoring of the site; and

(ii) a scheme for the exclusion or control of migrating gas related to any buildings proposed.

These provisions must be implemented before the development is occupied, and must ensure that suitable precautions are taken in order to prevent migrating gas causing a hazard either during the course of development or during the subsequent use of the site.

POLICY PO6 - REASONED JUSTIFICATION

21.20 The danger caused by the migration of harmful gases from landfill waste disposal sites has increasingly been recognised. The possibility of difficulties arising from migrating gas is a material planning consideration and planning permission for development likely to be affected should not be granted unless reliable arrangements can be made to overcome the dangers that may arise.

21.21 The Local Planning Authority is already required to consult the waste disposal authority on all applications involving development falling within 250 metres of land which is, or has within the last thirty years, been used for the deposit of waste or refuse and is likely to emit gas. However, it is recognised that there can be no hard and fast rule about the appropriate distance between landfill sites and other development in relation to the possible migration of gas. Policy PO6, therefore, requires that where land is considered liable to problems from migrating gas, development will only be permitted where steps are taken to ensure that gas cannot migrate into property or accumulate in confined spaces.

Policy PO7 - Development on Unstable Land

Where development proposals are on or near land which is suspected or known to be unstable the Local Planning Authority will request additional information from the applicant in order to assess whether the land is suitable for the development proposed and whether any instability can be adequately overcome.

Planning consent will be subject to appropriate remedial, preventive or precautionary measures being undertaken before the development proposed is occupied. The Local Planning Authority will need to be satisfied that:

(i) the remedial or other measures proposed will provide adequate safeguards;

(ii) the remedial or other measures proposed are within the control of the applicant; and

(iii) the remedial and other measures proposed would not seriously harm local amenity, landscape character or a site of importance for nature conservation or earth science.

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Applications will be refused where the Local Planning Authority considers that the development would be at serious risk from continued instability or where the development proposed would cause instability to occur on adjacent land, despite the remedial measures proposed.

POLICY PO7 - REASONED JUSTIFICATION

21.22 Unstable land can threaten life and health and cause damage to buildings or structures. Policy PO7, therefore, seeks to ensure that any physical constraints or hazards to public safety, related to the risk of ground movement or the collapse of ground, are fully taken into account where development is proposed on or near land which is suspected to be unstable.

21.23 Policy PO7 ensures that planning permission will only be granted where appropriate measures can be taken to protect the development proposed and where adjacent land or premises can also be adequately protected from any increased risk generated by the proposal. There are, however, limits to the acceptability of remedial or precautionary works and this is also provided for within Policy PO7. Where these become intrusive, threaten local amenity or cause significant damage to features of nature conservation or earth science interest, planning permission will normally be refused.

21.24 Policies for land subject to instability specifically caused by coastal erosion can be found in Section 20 of the UDP.

Policy PO8 - Hazardous Installations and Substances

Proposals for (a) new development involving the use, storage, manufacture or processing of notifiable hazardous substances, or (b) applications for Hazardous Substances Consent at existing developments, will only be permitted when the Local Planning Authority is satisfied that the degree of off-site risk resulting from the proposal is within acceptable limits. In assessing this, particular regard will be had to the following criteria:

(i) the size and nature of the proposed development;

(ii) the type and volume of hazardous substances involved, both on site and travelling to or from the site;

(iii) the nature of existing uses within the area, especially the location of residential areas and places where large numbers of people normally congregate;

(iv) the extent to which the proposal will add to existing levels of risk generated by existing hazardous installations or substances;

(v) the likelihood of an accident and the extent of its potential consequences;

(vi) the wider land-use implications of the proposal, beyond the boundary of the site, including the possibility of the proposal

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prejudicing the realization of the land-use and other environmental planning objectives set out elsewhere in the UDP; and

(vii) the proximity of surface and ground waters

Hazardous Substances Consent will only be permitted where the resulting consultation zone for the installation or substance involved would not fall across an existing or proposed residential area or place where large numbers of people normally congregate.

POLICY PO8 - REASONED JUSTIFICATION

21.25 Policy PO8 sets out the criteria the Local Planning Authority will apply for the control of hazardous substances and developments. While sites generally considered to be suitable locations for such development are identified within Section 5 of the UDP, it is Policy PO8 that will determine the acceptability of new proposals.

21.26 The development of a hazardous installation or the introduction of a hazardous substance into an area can have serious implications for existing and future land uses. Policy PO8, therefore, ensures that these implications are fully taken into account and particularly that new proposals are compatible with the existing pattern of land-use.

21.27 While the hazards arising from such proposals are subject to extensive regulation under health and safety legislation, even after measures to ensure compliance with these requirements have been taken, there remains a residual risk of an accident. The Health and Safety Executive is able to advise on the potential risks involved and is automatically consulted on every application for Hazardous Substances Consent. However, responsibility for the final decision remains with the Local Planning Authority. Policy PO8, therefore, indicates those matters that are likely to be of direct concern.

Policy PO9 - Criteria for Development Near Notifiable Hazards

Proposals falling within the consultation zone of a hazardous installation or where toxic, highly reactive, explosive or flammable substances are present, will only be permitted where the Local Planning Authority is satisfied that the level of risk resulting from proximity to the hazardous installation is within acceptable limits. In assessing this, particular regard will be had to the following criteria:

(i) the size and nature of the development proposed, including its compatibility with the existing installation;

(ii) whether the proposal would lead to a material increase in the numbers of people working within or visiting the consultation zone;

(iii) the vulnerability of those people, in terms of ease of evacuation and other emergency procedures; and

(iv) the nature of the hazard to which those people would be exposed.

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Proposals will only be permitted which would not expose significant numbers of people to unacceptable levels of risk or require the modification or revocation of an existing Hazardous Substances Consent.

POLICY PO9 - REASONED JUSTIFICATION

21.28 The Health and Safety Executive is responsible for notifying the Local Planning Authority of “consultation zones” around hazardous sites. Land and property falling within such a zone are considered to be most directly at risk were an accident to occur. It is, therefore, particularly important that new development within a consultation zone is carefully controlled in the interests of public safety.

21.29 Planning regulations allow for the Health and Safety Executive to advise the Local Planning Authority on the nature and severity of the risks involved to people and property located within such areas. However, the responsibility for the final decision remains with the Local Planning Authority. Policy PO9, therefore, sets out the criteria that the Local Planning Authority will apply in considering development proposals within areas at risk.

21.30 There are currently eleven “consultation zones” notified to the Local Planning Authority, to which Policy PO9 will apply, in the vicinity of the following installations:

· Barker and Briscoe, Carr Lane, Moreton · AVC International, Dock Road Seacombe · British Gas, Dock Road, Poulton · British Gas High Pressure Gas Pipeline, M53/Wallasey Dock Road · British Gas, Hind Street, Tranmere · Samson Welding, Thomas Street, Tranmere · Shell UK Terminal Tranmere · Lubrizol, Dock Road South, Bromborough · Shell UK, Tank Farm Road, Eastham · GATX Terminals, Bankfield Drive, Eastham

21.31 The location of these installations is shown on Map 11.

21.32 Where the Health and Safety Executive clearly indicates that a development should be refused in the interests of the safety of the existing installation or of the safety of people likely to be attracted by the proposal, planning permission will not normally be granted.

Policy PO10A – Light Pollution Development proposals must minimise light pollution. Details of any lighting scheme required as part of any new development should be submitted as part of the planning application.

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Applicants will be expected to demonstrate to the Local Planning Authority that the scheme proposed is the minimum needed for security and working purposes and that it minimises potential pollution from glare and spillage, particularly to: (i) residential and commercial areas; (ii) areas of nature conservation interest; and (iii) areas whose open and remote landscape qualities would be affected.

Floodlights will not be permitted in the Green Belt where existing levels of night- time illumination are low. Proposals at the edge of the urban area, outside the Green Belt, should provide landscaping measures to screen the lighting installation to reduce the impact on the open countryside. Planning permission will be subject to conditions to control light intensity, light spillage and the hours of use to minimise the impact of the floodlights on neighbouring uses.

POLICY PO10A - REASONED JUSTIFICATION

21.33A Artificial light is increasingly being perceived as a form of pollution. Illuminated advertisements, floodlit sports facilities, security lights and street lights can all contribute to pollution such as sky glow and glare. They can damage visual amenity, disturb people's sleep, and effect local ecology. The visibility of the stars is much reduced by light pollution.

21.33B Planning control over artificial light other than advertisements is generally limited to new structures or works that are integral to other development. However, where planning permission for artificial light sources is required the Council will seek to prevent detrimental impact on surrounding areas. Impact will be minimised by ensuring that artificial light is carefully sited, appropriately shielded, directed only onto the specific area where it is needed, and designed at the minimum height and brightness to serve its purpose. Where appropriate, the Council will use conditions to limit the hours of illumination. Developers attention is drawn to the Institute of Lighting Engineers' publication 'Guidance notes for the reduction of light pollution'.

21.33C Background lighting in the Green Belt is often very low and is rarely provided at the intensity required in more urban settings. Policy RE9A, therefore, seeks to protect areas of the Green Belt that would be particularly sensitive to the impact of high intensity lighting. Policy PO11A - Odours The Local Planning Authority will require an assessment to be submitted alongside planning applications for potentially odorous developments. The assessment should identify all potential sources of odour and the

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Local Planning Authority will require mitigating measures or changes to the proposal that will make it acceptable before granting planning permission. The Local Planning Authority will require that these measures or changes are implemented before the development is brought into use. Where measures to control odours from the proposed development will be insufficient to protect the environment, public health or amenity, the Council will not grant planning permission.

POLICY PO11A – REASONED JUSTIFICATION

21.34A Some types of development can cause odours that result in annoyance and disturbance to those living and working in the surrounding area. Odours can be caused by many different activities including agricultural practices, certain industrial activities, cooking from hot food takeaways or restaurants and waste processing. Even normally pleasant smells can become unacceptable when frequent exposure occurs.

21.34B The odour assessment referred to in the policy should take account of the intensity, character, time and duration of the odour released. Recommendations for adequate control measures should be included in the report. There are various ways that odours can be minimised or eliminated, including design of the plan, dilution by the atmosphere and odour treatment.

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22. TELECOMMUNICATIONS

PART ONE POLICY

POLICY TEL1 - REASONED JUSTIFICATION

22.1 Modern telecommunications are now fundamental to present-day living, both in a domestic and business context. Whilst much of the traditional systems use underground cabling which has little impact on the local environment, overhead lines and new technologies can be more obtrusive. As an example, satellite communications can lead to demands for base station antennae and masts on high ground and often obtrusive dishes placed on existing buildings.

22.2 Whilst the siting of apparatus is governed by operational requirements and is allowed extensive permitted development rights under the Town and Country Planning General Development Order 1988, careful attention to detail can minimise the effects that this siting will have on the natural and man-made landscape.

22.3 In Wirral, much of the countryside is in the Green Belt, where the Local Planning Authority is concerned to prevent inappropriate development which would involve encroachment upon the open character of the countryside. Within the Green Belt the most important areas of countryside are the Areas of Special Landscape Value identified in Section 14 of the UDP. In the urban area the siting and design of apparatus, including satellite dishes, is often important for the amenity of the area.

Policy TE1 - Criteria for Telecommunications Apparatus

Planning applications for telecommunications apparatus will be approved, subject to the following criteria: (i) where the impact of the proposal upon amenity is minimal, through siting and external appearance; (ii) where the proposal is for a free-standing mast, the applicant demonstrating that the apparatus cannot be located on an existing building or that an existing mast cannot be shared; and

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(iii) where the proposal is for a new building, the applicant demonstrating that an existing building cannot be shared. In assessing the suitability of proposals, the Local Planning Authority recognises that there are technical considerations that often limit the choice of sites and the type of apparatus used to achieve the optimum signal coverage. This will be taken into account in the determination of planning applications for telecommunications apparatus.

POLICY TE1 - REASONED JUSTIFICATION

22.4 With the opening up of the telecommunications industry since the early 1980's and the increasing range of new apparatus, proposals for new telecommunications masts and antennae have sometimes come into conflict with environmental objectives. The operational requirements of the telecommunications industry often limit the siting of apparatus and make it essential to use high buildings and tall masts.

22.5 Policy TE1 provides criteria for proposals which require planning permission. In determining applications for telecommunications apparatus, such as masts and base stations as defined in Part 24 Class A3 of the Town and Country Planning General Development Order 1988, the Local Planning Authority will take account of the need to minimise intrusion, perhaps by substituting one large mast for several smaller ones. However, such a pattern of distribution should not be detrimental to the amenity of the area or visually damaging to a building to which such a mast may be attached.

22.6 In addition, conditions in several code operator licences require applicants to explore the possibility of sharing an existing site, which may be both more economical and less intrusive than an excess of new apparatus. However, this should not be at the expense of visual amenity at the existing site.

22.6A Further guidance on the Council’s approach towards planning applications for telecommunications apparatus is included with Supplementary Planning Guidance Note [xx].

Policy TE2 - Criteria for Television Satellite Dishes

Planning applications for satellite dishes will be approved, subject to the following criteria: (i) the dish should be sited and designed so as to minimise its impact on the external appearance of the building and the amenity of the area, particularly on the amenity of neighbouring property; and (ii) if the building is a Listed Building or is in a Conservation Area, the siting and design of the dish will not detract from the Listed Building or the Conservation Area, and should not be installed on a visually prominent elevation.

POLICY TE2 - REASONED JUSTIFICATION

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22.7 The use of domestic satellite antennae (dishes) has increased in recent years with the popularity and availability of satellite television based in this Country and from the Continent.

22.8 The Town and Country Planning General Development Order 1988, gives extensive rights for the erection of satellite dishes, particularly on residential buildings. Where such dishes require planning permission it is important that their siting is not over-intrusive and is not detrimental to the amenity of the area.

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23. RENEWABLE ENERGY

PART ONE POLICY

POLICY REN1A - REASONED JUSTIFICATION

23.1A The generation of power from 'renewable' sources has come to the fore in recent years as a response to the limited life of many traditional energy sources. Coupled with this is the need to reduce carbon dioxide and other emissions from fossil fuels, including greenhouse gases. The Government is committed to the principle of sustainable development and the reduction in the use of fossil fuels is a priority. Through a series of Non-Fossil Fuel Obligations (NFFO) Government policy actively encourages the development of novel technologies.

23.1B The Local Planning Authority recognises that renewable energy proposals can deliver significant regional, national and global economic and environmental benefits, particularly in reducing dependence on fossil fuels and hence greenhouse gas emissions. The Government has set a national target of achieving 10% of UK electricity generation from renewable sources by 2010 and has an aspiration to increase that to 15% by 2015 and then to 20% by 2020. Targets for renewable energy generation in the NW Region are being introduced through the partial review of RPG13, likely to be completed by 2006.

23.2 These novel technologies to provide renewable energy include the utilisation of:

· biogas: from sewage sludge and farm slurry · biomass: energy from crops and forestry · hydro-electricity

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· landfill gas · solar energy · waste combustion · wave and tidal power · wind power

23.3 There are already small-scale landfill gas and solar energy schemes in Wirral, the former using landfill gas from Bidston Moss to heat industrial premises in north Wirral. This has little impact in land-use terms, as the gas collection plant is small in scale and the gas is fed into the industrial premises' normal plant boilers. Wirral was amongst the forerunners in heating public buildings through solar energy, the former St. Georges School Annex on Leasowe Road in Wallasey, being the first building of its type.

23.4A Clearly, the opportunity to develop such sources depends on a number of factors, including the physical conditions necessary and the environmental effects that a technology will have. Whilst being supportive of renewable energy technology in principle, any proposals should only be allowed if the impact on the environment is acceptable and the amenity of residents can be adequately safeguarded.

23.5 Although current renewable energy technologies may not be appropriate in Wirral, advances in technology may bring forward proposals for renewable energy schemes in the future.

23.5A The design, layout, use of materials and the incorporation of renewable energy production systems in new development propsosals from the outset can also make a significant contribution to reducing greenhouse gas emissions and dependence on fossil fuels. These may lead to unobtrusive adaptations to existing buildings or simply the best alignment of new buildings to take advantage of solar gain.

Policy EN1A – Criteria for Renewable Energy Infrastructure Proposals for development necessary for the generation and distribution of energy from renewable sources, with the exception of the incineration of municipal and other wastes, will be permitted where they do not have an adverse impact on the environment and local communities, having particular regard to the following considerations: (i) air pollution, water resources, the built environment, archaeological, coastal, agricultural and nature conservation/biodiversity interests (including the impact on the movement of wildlife; (ii) visual intrusion, noise, electro-magnetic interference and public safety and comfort, including shadow flicker and reflective effects, and aviation safety;

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(iii) suitability of access to the road network for construction, supply or maintenance purposes; (iv) the cumulative impact of existing and proposed renewable energy developments in a particular area; (v) in the case of developments for the generation of electricity, ease of connection to the existing electrical transmission network; (vi) location of proposals at or as close as possible to the source of the resource needed for that particular technology; (vii) arrangements for the removal of redundant plant, buildings and infrastructure and the restoration of the site at the end of the operational life of the development; and (viii) the extent to which the proposal would provide demonstrable economic and environmental benefits for the wider community, including research benefits and contribution to national and regional renewable energy generation targets. All applications for such development should be accompanied by a detailed statement of the environmental effects of the development covering construction, operation and decommissioning. The statement should also identify the proposal’s benefits in terms of the amount of energy it is expected to generate and the contribution that it will make to meeting national and regional renewable energy targets.

POLICY EN1A – REASONED JUSTIFICATION

23.5B Policy EN1A is intended to apply to all renewable technologies, with the express exception of the incineration of municipal and other wastes as waste management decisions are influenced by regional and sub-regional waste strategies. Renewable energy technology is evolving rapidly, and it is the intention that new technologies which become viable during the lifetime of the Plan should be assessed using the criteria in this policy. The policy will also apply to any onshore infrastructure requirements associated with off-shore renewable energy developments.

23.5C In considering individual proposals, the Local Planning Authority will look to balance wider economic and environmental benefits against potential local impacts. In many cases it may be possible to address local impacts through a combination of design and mitigation or compensatory measures. Some renewable resources can only be developed where they occur or in the case of wind generation, where wind speeds are sufficiently great. It is equally desirable that some technologies which are not site specific (such as those which involve the combustion or breakdown of materials) should be located as close as possible to the source of the material in order to ensure that transportation of such materials is minimised.

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23.5D These locational considerations may lead to renewable energy projects being proposed in the Green Belt. In such locations there is a general presumption against inappropriate development, except in very special circumstances. In considering such proposals the Local Planning Authority will weigh the wider environmental benefits of the renewable energy produced against any harm to the Green Belt and may consider such benefits to amount to exceptional circumstances which justify approval of what would be otherwise regarded as inappropriate development. Applicants will be expected to minimise the visual impact of such development through siting, design and choice of materials.

23.5E The North West is one of the areas identified by the Government for a significant expansion in offshore wind farm developments. While these generally fall outside the scope of planning controls, they do have requirements for onshore infrastructure, such as substations and connections to the national grid, which may require planning consent. Such facilities should be assessed using the above criteria.

23.5F For those renewable energy proposals which fall outside the scope of the Town and Country Planning (Environmental Impact Assessment)(England and Wales) Regulations 1999, the Local Planning Authority will expect an assessment of the environmental effects of the development to be submitted with any application. This should set out the expected benefits of the proposal in terms of energy generation, together with anticipated environmental impacts and proposed mitigation and/or compensatory measures to deal with such impacts. In all cases, the Local Planning Authority will expect developments to make provision for decommissioning and restoration of the site (to a condition as close as possible to its original state) at the end of it’s operational life.

23.6 Over and above these small-scale impacts, larger-scale proposals will, however, still need to be assessed against the policies expressed elsewhere within the UDP and may require Environmental Assessment. Most importantly these will include policies for Green Belt which can be found in Section 7 of the Plan, nature conservation in Section 13, landscape policies in Section 14, policies for waste management in Section 17, for the Coastal Zone in Section 20 and for the control of pollution and hazards which can be found in Section 21 of the UDP.

Policy EN2A - Sustainable Energy in New Developments In designing development proposals, applicants should, wherever possible, adopt a layout, orientation and design of buildings that will maximise opportunities for heat recycling, solar energy, passive solar gain, the efficient use of natural light and minimise wind chill effects. The use of sustainable construction methods and building materials and the re-use of materials will also be encouraged, as will the use of recycled aggregates in the construction of buildings, subject to the impact on the amenity of the local environment, taking into account the existing character of the area.

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New housing developments will be encouraged to adopt the Building Research Establishment EcoHomes Environmental Rating. All new non-residential development, above a threshold of 1000 sqm, will be encouraged to incorporate renewable energy production equipment to provide at least 10% of predicted energy requirements. Such installations will be exempt from the requirements of Policy EN1A.

POLICY EN2A – REASONED JUSTIFICATION

23.7A Energy use within buildings is responsible for around half of the UK’s Carbon dioxide emissions. It is generally recognised that the major opportunity for reducing the environmental impact of housing is at the design stage. Encouraging the incorporation of sustainable design principles within new development from the outset can make a significant contribution to achieving environmental objectives. Sustainable design encompasses both site layout and the design of individual buildings.

23.7B In respect of site layout, relevant considerations will include:

· location and orientation, with overshadowing minimised, to enable the majority of housing to face within 30 degrees of south, to maximise solar gain;

· the avoidance of poor micro climates, such as hill crests or frost pockets, the use of landscaping to provide shelter belts and to improve energy conservation, and the use of building shape and layout to minimise wind tunnelling and eddying;

23.7C In terms of individual buildings, for housing as well as other uses, relevant considerations will include:

· internal layouts to include placing rooms needing higher temperatures, such as living rooms, to the southerly side in order to maximise passive solar heating, together with the use of conservatories and porches to enable natural ventilation and the conservation of heat;

· the layout of windows, doors and rooflights to provide larger window areas to the south, to maximise solar gain without overheating, and smaller windows to the north, to minimise heat loss but still provide adequate daylight;

· provison for the on-site recycling of rain water and the use of sustainable drainage systems;

· provision for active solar systems, such as photovoltaics, and solar hot water to be included or made feasible as appropriate; and

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· the use of materials with reduced energy inputs, low maintenance and that are locally manufactured or recycled.

23.7D Housing developers are encouraged to adopt the EcoHomes rating scheme, developed by the Building Research Establishment. This works as a voluntary certification scheme that enables developers who use good environmental design, including energy efficiency, to differentiate their housing. The scheme offers ratings in categories of pass, good, very good and excellent and expressed in numbers of “sunflowers” from one to four . It directly addresses issues relating to energy, water, pollution, materials, transport, ecology, land use and health and well-being.

23.7E For major commercial and industrial developments there may be scope to incorporate renewable energy generation facilities as part of the development. As such, Policy EN2A aims to encourage the incorporation of renewable energy generation within major new non-residential development proposals, in line with the Government’s overall 10% target for renewable energy generation by 2010. There are ranges of funding sources, which can assist with the cost of renewable energy generation schemes.

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APPENDIX 1A

THE PLAN PREPARATION PROCESS - RELEVANT DATES

Statutory Commencement Order (SI 1988 No.1179) 4 August 1988 Secretary of State’s “Strategic Guidance for Merseyside” 4 August 1988

Issues and Part One Policies 14 March to 25 April 1990 Draft for Public Consultation 10 June to 11 September 1992 Publication of Deposit Draft UDP Publication of First Alterations 5 October to 16 November 1994 20 October to 30 November 1995 UDP Public Inquiry opens Publication of Second Alterations 19 March 1996 Publication of Third Alterations 3 April to 15 May 1996 UDP Public Inquiry closes 26 June to 11 July 1996 26 September 1996 Receipt of Inspectors Report 14 June 1997 Publication of Proposed Modifications Publication of Further Proposed 20 April to 3 June 1998 Modifications 16 August to 29 September 1999

Council Resolution to Adopt Notice of Intention to Adopt 11 November 1999 Formal Adoption 12 January 2000 11 February 2000 UDP REVIEW

Publication of Issues Report 9 April to 6 June 2003 First Draft Deposit [xxxxxxxxxxxxxxx 2004]

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APPENDIX 2

INCORPORATION OF THE POLICIES CONTAINED IN LOCAL PLANS SUPERSEDED BY THE UNITARY DEVELOPMENT PLAN

A1. Schedule 4 of the 1991 Planning and Compensation Act allows for the incorporation of part or all of an existing Local Plan into a UDP. In Wirral the only operative Local Plan at the commencement of the UDP was the Merseyside Green Belt Local Plan, adopted in December 1983. Wirral's UDP takes the majority of the Green Belt boundary from this Plan but deletes many of the policies, as they are now contrary to Government guidance.

Policy Subject Change Proposed

1. Appropriate Uses Reworded as Policy GB2 2. General criteria Policy deleted 3. Inset Villages Policy deleted 4. List of Inset Villages Policy deleted 5. Infilling Policy deleted 6. Key workers Policy deleted 7. New dwellings Policy deleted 8. Replacement dwellings Policy deleted 9. Alterations or extensions to existing dwellings Policy deleted 10. Additional habitable units Policy deleted 11. Separate habitable units Policy deleted 12. Conversion of other buildings Superseded by to residential use UDP Policy GB3 13. General considerations Policy deleted 14. New industrial and commercial developments and extensions Policy deleted 15. Change of use or conversion of existing buildings for industrial Superseded by or commercial purposes UDP Policy GB3 16. Public services and statutory undertakers Policy deleted 17. General considerations Policy deleted 18. Residential caravans Policy deleted 19. Holiday caravans Policy deleted 20. Extensions to existing caravan sites Policy deleted 21. Caravan site time limits Policy deleted 22. Conversion of touring to static caravan sites Policy deleted 23. Storage of caravans Policy deleted

A2 At April 1st 1993 administrative boundary changes between Ellesmere Port and Neston Borough and Wirral Borough came into effect. Areas at Hooton and Eastham were transferred to Ellesmere Port and Neston Borough, while areas at

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Boathouse Lane and the Chester High Road were transferred to Wirral Borough Council.

A3 The Ellesmere Port and Neston (excluding Mersey Marshes) Local Plan was adopted on the 14 June 1993 and showed much of the area at Chester High Road as Green Belt. It therefore gave precision to the Green Belt boundary proposed in the Replacement Cheshire County Structure Plan. Houses on Boathouse Lane which have been transferred to Wirral Borough were shown without notation on the Ellesmere Port and Neston Local Plan and have been shown as within the Primarily Residential Area on the Wirral Unitary Development Plan.

A4 Within the area transferred to Wirral, policies of the Ellesmere Port and Neston Local Plan have been treated as follows :

Policy Subject Change Proposed

C5 Area of Special County Value Policy deleted GB1 Green Belt definition Policy deleted GB2 Green Belt development criteria Policy deleted GB3 Conversion of redundant buildings Policy deleted GB4 Housing development in the Green Belt Policy deleted GB7 Stables Policy deleted GB8 Tourist and reservation development Policy deleted GB9 Golf courses Policy deleted GB10 New enterprises on farms Policy deleted

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APPENDIX 2A

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APPENDIX 3A

UNITARY DEVELOPMENT PLAN FOR WIRRAL

PART ONE STRATEGIC POLICIES

PAGE

Policy URN1A Development and Urban Regeneration 22 Policy URN2 Planning Agreements for Urban Regeneration 22 Policy EMP1A Provision of Employment Land 23 Policy HSG1A New Dwelling Requirement 23 Policy HSG1B Sources of New Dwellings April 2001 to March 2011 24 Policy HSG2 Affordable Housing 24 Policy GBT1 Green Belt Boundaries 25 Policy GRE1 The Protection of Urban Greenspace 25 Policy REC1A Principles for Sport and Recreation 25 Policy TLR1A Principles for Tourism Development 26 Policy CHO1 The Protection of Heritage 26 Policy AGR1 The Protection of Agriculture 27 Policy NCO1A Principles for Nature Conservation 27 Policy LAN1 Principles for Landscape 27 Policy TRT1 Provision for Public Transport 28 Policy TRT2 Safeguarding Land for Highway Schemes 28 Policy TRT3 Transport and the Environment 28 Policy SHO1A Principles for New Retail Development 29 Policy WMT1 Landfill Provision 29 Policy WMT1A Principles for Waste Management 29 Policy WMT2 Recycling and Re-Use of Waste Materials 30 Policy MIN1 Maintaining Minerals Supply 30 Policy MIN2 Safeguarding Mineral Reserves 30 Policy MIN3 Restoration and Aftercare of Mineral Extraction Sites 31 Policy WAT1A Fluvial and Tidal Flooding Development and Flood Risk 31 Policy WAT2 Protection of the Water Environment 31 Policy COA1 Principles for the Coastal Zone 31 Policy POL1 Restrictions for Polluting and Hazardous Uses 32 Policy TEL1 Principles for Telecommunications 32 Policy REN1A Principles for Renewal Energy 33

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APPENDIX 4A

UNITARY DEVELOPMENT PLAN FOR WIRRAL

INDEX OF PART TWO POLICIES AND PROPOSALS PAGE

Policy UR1A Maximising the Use of Previously Developed Land 36 Policy UR2A The Sequential Approach 37 Policy UR3A North West Metropolitan Area 38 Policy UR4A Housing Market Renewal Initiative 39 Proposal UR5A Housing Market Renewal Initiative Neighbourhoods 40 Policy UR6A Provision for Better Design 41

Proposal EM1A Former Cammell Laird Shipyard, Tranmere 46 Proposal EM1B Wirral International Business Park RIS 48 Proposal EM1C Birkenhead Twelve Quays RIS 49 Proposal EM2A Conway Park, Birkenhead 50 Proposal EM2B Land at Rose Brae, Birkenhead 50 Proposal EM3 Land for General Employment Use 51 Proposal EM3A Employment Development Sites in the NWMA 52 Policy EM3B Phasing the Release of Employment Land 53 Policy EM3C The Control of Office Development 54 Proposal EM4 Expansion Land for Existing Businesses 55 Proposal EM5 Land at Dock Road South, Bromborough 55 Policy EM6A General Criteria for New Employment Development 56 Policy EM7 Environmental Criteria for New Employment Development 57 Policy EM8A Development within Primarily Industrial Areas 59 Policy EM9 Non-Employment Uses in Industrial Areas 61 Policy EM10A Birkenhead and Eastham Dock Estates 61 Policy EM11 Bidston Observatory and the Proudman Oceanographic Laboratory 63 Policy EM12 Employment Development in Primarily Residential Areas 63

Proposal HS1A Land Allocated for Residential Development 69 Proposal HS2 Land at Noctorum Way, Noctorum 70 Proposal HS3 Land to the East of Fender Farm, Moreton 71 Policy HS1B Sequential Approach to New Housing Development 72 Policy HS4A Criteria for New Housing Development 74 Policy HS5 Density and Design Guidelines 75 Policy HS6A Principles for Affordable Housing 81 Policy HS7 Sheltered Housing 82 Policy HS8 Nursing Homes/Residential Care Homes 83 Policy HS9 Mobility Housing 84 Policy HS10 Backland Development 85 Policy HS11 House Extensions 86 Unitary Development Plan for Wirral First Deposit Draft Alterations DRAFT 18/06/04 22:11 June 2004 Appendix 4A

Policy HS12 Pre-School Day Care 87 Policy HS13 Self-Contained Flat Conversions 88 Policy HS14 Houses in Multiple Occupation 89 Policy HS15 Non- Residential Uses in Primarily Residential Areas 91

Proposal GB1 Amendments to the Green Belt Boundary 93 Policy GB2A Guidelines for Development in the Green Belt 94 Policy GB3A Re-Use of Buildings in the Green Belt 95 Policy GB4A Replacement of Exisitng Dwellings in the Green Belt 96 Policy GB5 Extension of Existing Dwellings in the Green Belt 97 Policy GB6 Development in Infill Villages in the Green Belt 97 Proposal GB7 Infill Villages in the Green Belt 98 Policy GB8 Guidelines for Major Developed Sites 98 Proposal GB9 Major Developed Sites in the Green Belt 100 Policy GB10 Key Workers Dwellings in the Green Belt 100 Policy GB11 Removal of Agricultural Occupancy Conditions 101 Policy GB12A Criteria for Strategic Park and Ride 101 Proposal GB13A Strategic Park and Ride Sites 102

Policy GR1 The Protection of Urban Greenspace 105 Proposal GR2 Land Designated as Urban Greenspace 106 Policy GR3A The Protection of Allotments 111 Proposal GR4 Allotments to be Protected from Development 112 Policy GR5 Landscaping and New Development 113 Policy GR6A Greenspace within New Family Housing Development 114 Policy GR7 Trees and New Development 116

Policy RE1A Criteria for Urban Recreation Facilities 122 Proposal RE2 Land for New Recreation Facilities 123 Proposal RE3 New Neighbourhood Indoor Sports Facilities 124 Proposal RE4 New Neighbourhood Swimming Pool, Beechwood 124 Policy RE5A Criteria for the Protection of Playing Fields 124 Policy RE5B Criteria for the Protection of Other Sports Facilities 127 Proposal RE6A Sports Grounds Urban Sports Facilities for Protection from Development 128 Policy RE7A Criteria for the Protection of School Playing Fields Sports Facilities 131 Proposal RE7B School Playing Fields 133 Policy RE8A Criteria for Artificial Playing Pitches 135 Policy RE9A Criteria for Floodlighting at Sports Facilities 136 Policy RE10A Criteria for Community Centres and Facilities 137 Policy RE11 Criteria for Children's Play Facilities 138 Proposal RE12 Sites for New Children's Play Equipment 139 Policy RE13 Criteria for Sports Facilities in the Green Belt 140

Policy TL1A The Protection of Urban Tourist Resources 146 Policy TL2 Criteria for Urban Tourism 146 Proposal TL3 Land for Tourism Development at Wirral Waterfront 147 Proposal TL4A Land for Tourism Development at New Brighton 149 Unitary Development Plan for Wirral First Deposit Draft Alterations DRAFT 18/06/04 22:11 June 2004 Appendix 4A

Policy TL5A The Control of Tourism in West Kirby 150 Policy TL6A The Control of Tourism in Port Sunlight 151 Policy TL7A Criteria for Hotels and Guest Houses 152 Proposal TL8 Land at the Former Derby Pool, New Brighton 153 Policy TL9A The Protection of Rural Tourist Attractions and Resources 154 Policy TL10 Criteria for Tourism Development in the Green Belt 155 Policy TL11 Development at Countryside Recreation Sites 156 Proposal TL12 North Wirral Coastal Park Visitor Centre 157 Proposal TL13 The Camp Site Amenity Block Royden Park 157 Proposal TL13A Wirral Country Park Visitor Centre 158 Policy TL14 Protecting and Extending Public Rights of Way 158

Policy CH1 Development Affecting Listed Buildings and Structures 160 Policy CH2 Development Affecting Conservation Areas 161 Policy CH3 Demolition Control within Conservation Areas 162 Policy CH4 Bidston Village Conservation Area 163 Policy CH5 Hamilton Square Conservation Area 164 Policy CH6 Birkenhead Park Conservation Area 165 Policy CH7 Oxton Village Conservation Area 166 Policy CH8 Rock Park Conservation Area 167 Policy CH9 Port Sunlight Conservation Area 167 Policy CH10 Eastham Village Conservation Area 168 Policy CH11 Caldy Conservation Area 169 Policy CH12 Frankby Village Conservation Area 170 Policy CH13 Gayton Conservation Area 171 Policy CH14 Heswall Lower Village Conservation Area 171 Policy CH15 Thornton Hough Conservation Area 172 Policy CH16 West Kirby Old Village Conservation Area 173 Policy CH17 Saughall Massie Conservation Area 174 Policy CH18 Wellington Road, (New Brighton) Conservation Area 175 Policy CH19 Thurstaston Conservation Area 175 Policy CH20 Bromborough Village Conservation Area 176 Policy CH21 Barnston Village Conservation Area 177 Policy CH22 Bromborough Pool Conservation Area 178 Policy CH23 Flaybrick Cemetery Conservation Area 178 Policy CH23A Kings Gap Hoylake Conservation Area 179 Policy CH23B Meols Drive Conservation Area 180 Policy CH24 Development Affecting Scheduled Ancient Monuments 181 Policy CH25 Development Affecting Non-Scheduled Remains 182 Policy CH26 The Preservation of Historic Parks and Gardens 183 Proposal CH27A Historic Parks and Gardens 184

Policy AG1 Development and Agriculture 187 Policy AG2A The Protection of Best Quality Agricultural Land 188 Policy AG3 The Control of Agricultural Permitted Development 189 Policy AG4 The Control of Agricultural Development 190 Policy AG5 Criteria for Agricultural Nuisances 191 Policy AG6 Development Near Agricultural Nuisances 191 Unitary Development Plan for Wirral First Deposit Draft Alterations DRAFT 18/06/04 22:11 June 2004 Appendix 4A

Policy AG7 Agricultural and Horticultural Retailing 192 Policy AG8 Criteria for Equestrian and Livery Activities 192 Proposal AG9 Fender Farm Riding School and Stables, Moreton 193

Policy NC1 The Protection of Sites of International Importance for Nature Conservation 196 Proposal NC2 Sites of International Importance for Nature Conservation 198 Policy NC3 The Protection of Sites of National Importance for Nature Conservation 199 Proposal NC4 Sites of National Importance for Nature Conservation 200 Policy NC5 The Protection of Sites of Local Importance for Nature Conservation 201 Proposal NC6 Sites of Biological Importance 202 Policy NC7 Species Protection 204 Policy NC7A Ecological Surveys 205 Policy NC7B Biodiversity Conservation and Enhancement 206 Policy NC8 Local Nature Reserves 207 Proposal NC9 Dibbinsdale Nature Centre 207 Policy NC10 The Protection of Sites of Importance for Earth Science 207 Proposal NC11 Sites of Local Importance for Earth Science 209

Policy LA1 Protection for Areas of Special Landscape Value 212 Proposal LA2 Areas of Special Landscape Value 213 Policy LA3 Priorities for Areas Requiring Landscape Renewal 214 Proposal LA4 Areas Requiring Landscape Renewal 215 Policy LA5 Criteria for Horse Shelters and Stables 217 Policy LA6 Criteria for Advertisements Outside the Urban Area 218 Policy LA7 Criteria for Development at the Urban Fringe 218

Proposal TR1A New Railway Stations 222 Proposal TR2A New Park and Ride Facilities 222 Proposal TR3A New or Extended Railway Car Parks 223 Proposal TR4 Birkenhead Central Bus Facility 223 Proposal TR5A Major Highway Schemes 224 Proposal TR6 Minor Highway Improvements 225 Policy TR7 Transport Corridor Environmental Improvements 227 Policy TR8 Criteria for the Design of Highway Schemes 227 Policy TR9A Requirements for Off Street Parking 228 Proposal TR10A Cycle Routes 230 Policy TR11 Provision for Cyclists in Highway and Development Schemes 231 Policy TR12A Requirements for Cycle Parking 232 Policy TR13 Requirements for Disabled Access 233 Policy TR14A Criteria for Transport Assessments 233 Policy TR15A Criteria for Travel Plans 234 Policy TR16A Location of Major Travel Generating Development 235

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Policy SH1 Criteria for Development in Key Town Centres 241 Policy SH1A Birkenhead Town Centre 242 Proposal SH1B Oliver Street Car Parks, Birkenhead 243 Proposal SH1C Hind Street Regeneration Area, Birkenhead 244 Proposal SH1D Town, District, Local and Neighbourhood Shopping Centres 246 Policy SH1E Criteria for New Development in Birkenhead Town Centre and Other Town, District, Local and Neighbourhood Centres 247 Policy SH2 Criteria for Development in Traditional Suburban Centres 251 Policy SH3A Ground Floor Residential and Other Non-Town Centre Uses in Existing Key Town Centres and Traditional Suburban Shopping Centres 253 Policy SH4A Small Shopping Centres and Parades 254 Policy SH5 Residential Development in Small Shopping Centres and Parades in Primarily Residential Areas 255 Policy SH6 Development Within Primarily Commercial Areas 256 Policy SH7 Upper Floor Uses in Retail Premises 257 Policy SH8 Criteria for Shop Fronts 258 Policy SH9A Criteria for Out-Of-Centre and Edge-of-Centre Retail Development 259 Policy SH10 Design and Location of Out-of-Centre and Edge-of- Centre Retail Development 260 Policy SH11A The Expansion of Out-Of-Centre Retail Developments 262 Proposal SH11B Croft Retail and Leisure Park, Bromborough 263 Policy SH12A Amusement Centres 265

Proposal WM1 Landfill Waste Disposal Sites 268 Policy WM2 Criteria for Landfill Waste Disposal Sites 270 Policy WM3 Restoration and Aftercare of Landfill Waste Disposal Sites 271 Policy WM4 Provision of Recycling Collection Areas 273 Proposal WM4A Waste Recycling Centre, Bidston 274 Proposal WM4B Waste Recycling Centre, Eastham 274 Policy WM4C Criteria for Landfill Waste Disposal Sites 275 Policy WM5 Criteria for Waste Reception Centres 276 Policy WM6 Criteria for Waste Transfer Stations 277 Policy WM7A Criteria for Clinical and Chemical Waste Incinerators 277 Policy WM8 Criteria for Sewage Treatment Facilities 278 Policy WM9 Criteria for Sewage Sludge Disposal Facilities 279 Policy WM10 Requirements for the Environmental Assessment of Waste Disposal Facilities 280 Proposal WM11A Landfill Waste Disposal Sites 281 Policy WM12A Restoration and Aftercare of Landfill Waste Disposal Sites 283 Policy WM13A Accommodating Waste in Development Proposals 284 Policy WM14A Waste Management Facilities in New Developments 284

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Policy MI1 The Control of Clay Extraction 286 Policy MI2 The Control of Oil and Gas Facilities 287 Policy MI3 Facilities for Marine-Won Sand and Gravel 288 Policy MI4 Sand, Gravel and Sandstone Extraction 288 Policy MI5 Development Control Criteria for Mineral Extraction 289 Policy MI6 Use of Secondary and Recycled Aggregates 290

Policy WA1A Development and Flood Risk 294 Policy WA2A Development and Land Drainage 296 Policy WA3 Development and Ground Water Protection 298 Policy WA4 Safeguarding Water Resources 299 Policy WA5 Protecting Surface Waters 300 Policy WA6A Development Within River Corridors 300 Policy WA7 Heswall Drainage Catchment Area 301

Policy CO1A Development Within the Developed Coastal Zone 305 Policy CO2A Development Within the Un-Developed Coastal Zone 306 Policy CO3A Tourism and Leisure in the Coastal Zone Regeneration of Coastal Communities 307 Policy CO4A Criteria for Coastal Protection and Sea Defence Works 308 Policy CO5 Development Requiring Additional Coastal Defence Works 310 Policy CO6 Development Within Areas at Risk of Coastal Erosion 311 Policy CO7A Criteria for Development in the Inter-Tidal Zone 311 Policy CO8 Development in the Coastal Zone Requiring Environmental Assessment 312

Policy PO1 Potentially Polluting Development 314 Policy PO2 Development Near Existing Sources of Pollution 315 Policy PO3 Noise 316 Policy PO4 Noise-Sensitive Development 317 Policy PO5A Criteria for the Development of Contaminated Land 318 Policy PO6 Migration of Landfill Gas 319 Policy PO7 Development on Unstable Land 320 Policy PO8 Hazardous Installations and Substances 321 Policy PO9 Criteria for Development Near Notifiable Hazards 322 Policy PO10A Light Pollution 323 Policy PO11A Odours 324

Policy TE1 Criteria for Telecommunications Apparatus 326 Policy TE2 Criteria for Television Satellite Dishes 327

Policy EN1A Criteria for Renewable Energy Infrastructure 330 Policy EN2A Sustainable Energy in New Developments 332

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