Ellesmere Port and Neston Borough Local Plan

Contents

Introduction 5 General Policies 8 GEN1 General development criteria 9 GEN2 Allocation of sites 11 GEN3 Land safeguarded to meet possible future development needs 12 GEN4 Noise 13 GEN5 Crime prevention 14 GEN6 Access for everyone 15 GEN7 Development by telecommunications code systems operators 16 GEN8 Telecommunications' development other than by code system operators 18 GEN9 Art 18 GEN10 Power stations 19 GEN11 Renewable energy 21 GEN12 Overhead power lines 22 GEN13 Development on agricultural land 22 Housing 23 H1 Allocation of land for housing development 25 H1(1) South of Ledsham Road 27 H1(2) West of Backford Cross 27 H1(3) Overpool 27 H1(4) Green Lane, Great Sutton 28 H1(5) Stanney Grange Infants' School 28 H1(6) Rossfield Road 28 H1(7) Grange College 29 H1(8) North of Berwick Road, Little Sutton 29 H2 Affordable housing 30 H3 Housing needs 31 H4 Housing development in urban areas 32 H5 Conversion to flats 34 H6 House extensions 36 H7 Transport & access provision in housing estates 37 H8 School site 38 Ellesmere Port and Neston Borough Local Plan

Contents

Employment 39 EMP1 Sites for employment development 41 EMP2 Stanlow special policy area 44 EMP3 Hooton Park strategic site 46 EMP4 Ince Marshes 47 EMP5A Cheshire Oaks 49 EMP5B Cheshire Oaks 50 EMP5C Cheshire Oaks 51 EMP6 Established industrial areas 52 EMP7 Ince Power Station site 53 EMP8 Land at Station Road, Ince 54 Green Belt 55 GB1 Definition of Green Belt area 56 GB2 Green Belt policy 57 GB3 Re-use of buildings 58 GB4 Housing development in the Green Belt 59 GB5 Extensions and alterations to dwellings in the Green Belt 60 GB6 Willaston village inset 61 GB7 Roften area major developed site 62 GB8 Stables and field shelters 64 GB9 Large stables and riding facilities 66 GB10 Golf courses 67 Natural and Built Environment 68 ENV1 International sites of nature conservation importance - The Dee and Mersey special protection areas/Ramsar sites 69 ENV2 National sites of nature conservation importance 70 ENV3 Nature conservation sites of regional, district or more than local importance 70 ENV4 The protection of sites of local importance for nature conservation - Sites of Nature Conservation Value (SNCVs) 71 ENV5 Ecological interest 72 ENV6 Area of Special County Value for Landscape (ASCV) 73 ENV7 Agricultural buildings and structures 74 Ellesmere Port and Neston Borough Local Plan

Contents

ENV8 Urban green network 75 ENV9 Landscape and habitat features 76 ENV10 The Mersey Forest 78 ENV11 M53/Shropshire Union Canal Corridor 79 ENV12 Coastal zones 80 ENV13 Development in conservation areas 81 ENV14 Parkgate conservation area 82 ENV15 Conservation of listed buildings and their settings 83 ENV16 Non listed buildings and structures of architectural and historic interest 84 ENV17 Sites of special archaeological interest 85 Hazard and Pollution 87 HAZ1 New or extended hazardous installations 88 HAZ2 Development in the vicinity of hazardous installations 89 HAZ3 Potentially polluting development 90 HAZ4 Contaminated land 91 Recreation and Tourism 92 REC1 Protection of sports fields, play areas and parks 94 REC2 Open space provision in new residential development 96 REC3 Indoor sports and social facilities 98 REC4 Amenity open space in residential areas 98 REC5 Allotments 99 REC6 Site for potentially noisy or nuisance outdoor sports 100 REC7 Recreational routeways 101 REC8 Tourist accommodation 102 REC9 Historic canal port 103 Town Centres and Shopping 104 SHOP1 Primary shopping areas 105 SHOP2 Local shopping centres 107 SHOP3 Small shopping centres 108 SHOP4 Retail development 110 SHOP5 Food and drink establishments and amusement centres 112 SHOP6 Shop fronts 113 Ellesmere Port and Neston Borough Local Plan

Contents

SHOP7 Cromwell Road 114 Transport 116 TRANS1 Access to developments 117 TRANS2 Highway network 117 TRANS3 Freight transport 118 TRANS4 Provision for cyclists 118 TRANS5 Car parking in residential areas 119 TRANS6 Car parking standards 120 Appendix 1 Open Space Provision in Proposed Residential Development 121 Appendix 2 Evaluation of Urban Green Network 122 Definition of terms 136 Monitoring the Local Plan 144 Ellesmere Port and Neston Borough Local Plan 5

Introduction

What is a Local Plan?

A Local Plan is prepared by a district council to guide the future development and use of land within its area. The Plan contains a series of policies and proposals which are used to help determine planning applications. The Local Plan must conform with the broader, county-wide planning policies set out in a Structure Plan, which is prepared by a County Council. The Structure Plan and Local Plan are together known as the ‘development plan’ for an area, and form part of the statutory town and country planning system. Legislation states that planning applications should generally be decided in accordance with the development plan.

The preparation of a Local Plan involves extensive public consultation. This enables the public to become involved in making choices about how much development there should be and where it should be accommodated in the area.

The main functions of a Local Plan are:

to interpret strategic policies in the County Structure Plan and apply these at the local level, -to identify land to meet future needs, to provide a framework for the consideration of planning applications, to provide a framework for co-ordinating development by public authorities and private agencies, to provide the opportunity for the public to comment on and become involved in the debate on local planning issues.

The Ellesmere Port and Neston Borough Local Plan

This Local Plan covers the whole of the Borough of Ellesmere Port & Neston and will guide development up to the year 2011. The Local Plan was adopted on 15th January 2002. It replaces the two former Local Plans that covered the district, namely the Ellesmere Port & Neston Local Plan (adopted in 1993) and the Mersey Marshes Local Plan (approved in 1986).

In preparing the Local Plan the Council first carried out consultation on a draft plan in 1996. In 1998 a second draft (the deposit draft version) was prepared and over 1000 objections to various policies were received. A public local plan inquiry took place in 1999 with the Inspector delivering his report in November of that year. In 2000 the council proposed to make changes (proposed modifications) to the plan as a result of the Inspector’s Report. These resulted in further objections, one of which led to the holding of a second inquiry in 2001. After a small number of further proposed modifications were made at the end of 2001, the plan was finally adopted on 15th January 2002.

Strategic Context

The Ellesmere Port & Neston Borough Local Plan conforms to the approved Structure Plan for Cheshire which covers the period of the plan. The Plan takes account of Regional Planning Guidance for the North West (issued 1996), which covers the period up to 2011

“A Plan for Future Generations”

The intention of the Ellesmere Port and Neston Local Plan is to look ahead and plan for future generations as well as those who currently live in, work in or visit the Borough. The Local Plan is essentially a land use plan and therefore there are limitations as to what it can control. Nevertheless it has a significant role to play in promoting development which is sustainable. Sustainable forms of development enable 6 Ellesmere Port and Neston Borough Local Plan

Introduction

today’s generation to meet its needs without harming the ability of future generations to meet their needs. The Local Plan must help to ensure that planning decisions do not deny future generations the best of today’s environment. Its policies and proposals aim to make adequate provision for development and at the same time take account of the need to protect the natural and built environment.

To ensure that the detailed policies and proposals are compatible with the aims of sustainable development, an Environmental Appraisal of the Plan has been carried out. Each policy has been scrutinised to check that all of the environmental, social and economic impacts have been taken into account, and to ensure that the policies work together to achieve the Local Plan’s “Guiding Principle”, described below.

Plan Structure

At the core of the Local Plan is the following “Guiding Principle” drawn up by the Borough Council:

“To nurture development and land use which will improve the quality of life in Ellesmere Port and Neston Borough without causing long term social, economic or environmental harm to existing or future generations.”

The Plan Objectives that spring from the Guiding Principle are:

to create a thriving economy providing a wide range of employment opportunities which are accessible to local people, to enable all residents to have quality housing, services and recreational facilities, to secure the regeneration of urban and industrial areas, to protect and enhance landscape, habitat and wildlife, greenspaces and the built environment in urban areas and the countryside, to guide development to locations which are accessible by walking, cycling and public transport.

These objectives form the basis of the aims and policies contained in the Plan.

The Local Plan consists of 2 documents; the Written Statement and the Proposals Map. The Local Plan is divided into a number of chapters, each covering a specific topic area such as Employment, Transport and Housing. At the beginning of each chapter is a series of aims, which reflect elements of the Guiding Principle. These chapter aims are translated into a series of policies, which are set out in the Written Statement together with explanatory text. Chapters are not set out in order of priority and none are more important than any other. A system of cross-referencing is included since very often more than one policy will apply to a particular area or issue.top

The Proposals Map identifies how each policy relates to specific areas of the Borough. It has been prepared on an Ordnance Survey base and covers the whole Borough. Both the Written Statement and the Proposals Map should be read together. Policy reference numbers are included on the Proposals Map and should be used with the Key to find which policies apply to a particular site.

The Council has prepared a series of Supplementary Planning Guidance notes (SPG) which supplement the policies and proposals of the Local Plan. Some of these are referred to at appropriate points in the Local Plan. SPG notes are prepared on a number of different topics ranging from site development briefs to advice on affordable housing. SPG notes will be kept under review by the Borough Council and their preparation and review will involve public consultation. Ellesmere Port and Neston Borough Local Plan 7

Introduction

When using the Plan it is essential to bear in mind the following points:

1. The Local Plan is designed to be read as a whole. Both the Written Statement and the Proposals Map should be consulted. In case of any doubt, the provisions of the Written Statement will prevail. In order to find which policies apply to a particular site, reference should first be made to the Proposals Map then to the Written Statement.

2. Policies are not listed in any order of priority. Policies are grouped together in chapters, and are referenced by a chapter reference and a number. For example, Green Belt policies are numbered GB1, GB2, etc. Many development proposals will need to be considered against the policies of more than one chapter. Where a “package” of development is proposed which comprises a mixture of uses, for example housing and recreation facilities, each separate element of the proposal will be considered against the relevant policy.

3. Sometimes there may be overlapping policies applicable to a particular development proposal or geographical part of the Plan area. In such cases, the policy with the greater environmental protection and safeguards will take priority.

4. The interpretation of various terms and phrases in the policies is in many cases an important part of the policy. Reference should be made to the chapter on “Definition of Terms” at the end of the Plan. 8 Ellesmere Port and Neston Borough Local Plan

General Policies

The Local Plan sets out detailed policies concerning a variety of specific planning and development issues. Policies contained within the General chapter are slightly different, however, as they refer to a wide range of issues which must be considered in all proposals for new development.

Policy GEN1 is particularly important as it is concerned with issues relevant to all new development. These issues include protecting the environment, ensuring that new development meets satisfactory standards of design and layout and making sure that all the necessary utility services are available to serve the new development. Because these issues are fundamental when considering new development schemes, Policy GEN1 will be taken account of in all planning applications.

Policies GEN2 and GEN3 relate to land which has been allocated for specific purposes and land which is being safeguarded for possible future needs after 2011. These allocations are illustrated on the Proposals Map and are fundamental to the strategic planning of the area.

Other General Policies concern issues which are frequently important in development proposals, such as noise, crime prevention and access arrangements. These policies will only be used where they are relevant to a particular planning application. Specific planning issues such as telecommunications development and energy generation are also covered in General Policies. As a result of the continued westward growth of Ellesmere Port, Little Sutton and Great Sutton, and also to respond effectively to the demands of the industrial installations to the east of Ellesmere Port, Cheshire Fire Authority is seeking to relocate from its existing fire station in Ellesmere Port town centre during the Plan period. The Fire Authority is seeking two new operational bases to provide fire cover for the town and is currently in the process of identifying sites in consultation with Ellesmere Port and Neston Borough Council. One base is required to protect the Little Sutton/Great Sutton area, the other is expected to be in proximity to the industrial areas to the east of Ellesmere Port.

Aims

General policies aim to:

ensure that new development preserves and where possible enhances the existing environment and amenity of the Borough; make sure that development does not conflict with or prejudice the implementation of Local Plan policies; safeguard land for future development needs; improve access for people with mobility difficulties; ensure that the visual amenity of the Borough is not harmed by telecommunications' development or overhead power lines; minimise the risk of criminal activity by the appropriate design of new development; encourage the provision of public works of art; encourage sustainable methods of energy generation. protect, where possible, the most versatile and valuable agricultural land Ellesmere Port and Neston Borough Local Plan 9

General Policies

GEN1 General development criteria

GEN1 General Development Criteria

The following general criteria will apply to all development proposals:-

i. Development should be appropriate to the characteristics of the site and its surroundings in terms of its layout, density, scale, design and materials and with suitable landscaping. It should not be detrimental to, and wherever possible it should enhance, the amenity of the surrounding area.

ii. Where development gives rise to requirements off-site associated with traffic, cycling and pedestrian flows, including rail travel, development will only be allowed where measures to address these requirements are agreed. Developers will be required to undertake or contribute financially to the implementation of these measures at a level related in scale and kind to the development proposal and the needs arising from the development.

iii. Advertisements must not have a detrimental effect on road safety, nor cause clutter, undue visual intrusion or detriment to amenity.

iv. Development should seek to achieve high standards of energy efficiency in its layout, design and orientation.

v. New development should not give rise to unacceptable increases in air pollution.

Reasons/Explanation

As well as the specific policies in this Local Plan each application has, in any case tomeet certain general development requirements the regulation of which is a key function of the planning system. Applicants should also have regard to Policy GEN3 of Cheshire 2011 Replacement Structure Plan which is a parallel policy to GEN1 and sets down similar general development criteria.

In order to implement the Local Plan and Policy GEN1 in particular, the Borough Council has adopted certain supplementary planning guidance and development briefs. These complement the Local Plan by giving more detailed standards and guidance for various aspects of development proposals. Further guidance and standards may be issued in due course based upon the policies of this Local Plan. Any such guidance prepared by the Borough Council will be the subject of public consultation with interested parties before its adoption by the Council. Any supplementary guidance adopted by the Borough Council will be used as an aid to developers and in the consideration of planning applications.

The disposal of waste arising from the development should not give rise to harm on the environment although this is principally a matter for Cheshire County Council as the relevant authority.

The following comments relate to policy criteria i) to v) i. Development proposals should be considered in relation to their surroundings and how they relate to adjacent buildings and sites. Extensions to buildings should match the existing building or relate to the local street scene through detailed elevation treatment. In either case, any new buildings or 10 Ellesmere Port and Neston Borough Local Plan

General Policies

extensions should enhance and not detract from the character of an area. The Borough Council will require suitable landscaping schemes to reduce the impact of certain developments on their locality and enhance the amenity of the area generally. Whilst landscaping may not be needed for certain proposals, new shop fronts and advertisements, it will be needed in almost all other cases. New developments should not result in a net loss to the amenity of an area. Proposals that make a positive contribution and are sympathetic to the built and natural environment will be especially welcome. In considering the impact that a development might have on its surrounding area the Borough Council will have regard to factors such as noise, light pollution, odour, visual intrusion, dominance, overlooking and overshadowing. Excessive lighting is increasingly being seen as a form of pollution. In urban areas poorly maintained or badly angled lights are responsible for “sky glow” and can adversely affect the amenity of surrounding areas, as well as wasting energy. Conversely, well designed lighting can help to enhance the appearance of buildings, and increase the attractiveness and safety of urban areas in the evening. Careful consideration should be given to lighting schemes in new development. Lighting should be designed so that spillage and glare is minimised, whilst the benefits of the lighting are maximised.

ii. Developers should consult both with the Borough Council’s Planning Department and Highways Section at an early stage to ensure that any proposed development accords with this criterion. The Borough Council will require the submission of a Transport Assessment in support of an application where it is deemed necessary and appropriate to assess the traffic generation implications of a proposal. The Borough Council will consult with the Highways Agency, as required by Circular 4/88 and Planning Policy Guidance 13 on Transport, when an application might have an impact on a Trunk Road, Motorway, or Motorway Junction. The Highways Agency may require a Transport Assessment. Circular 1/97 on ‘Planning Obligations’ gives further details on the financial contributions to traffic and travel measures that may be required to enable development to go ahead.

iii. Advertisements of whatever form should take account of the type, scale and uses of the properties around them and should be appropriate to their location and siting without causing clutter, undue visual intrusion , or detriment to residential amenity and the street scene generally. Advertisements need to avoid causing obstruction, distraction or impaired visibility on or adjacent to a highway. The Borough Council is preparing Supplementary Planning Guidance on advertisements.

iv. New development should maximise levels of energy efficiency in order to protect valuable resources and reduce the effects of global warming. Supplementary Planning Guidance on “Designing for Energy Efficiency” will be prepared by the Borough Council.

v. Any air quality consideration that relates to land-use and its development can be a material planning consideration. It is possible that during the Plan period, the Borough Council may declare one or more Air Quality Management Areas (AQMA) in the Borough. Development which gives rise to improvements in air quality, for example, the installation of cleaner industrial plant, will be given favourable consideration. Ellesmere Port and Neston Borough Local Plan 11

General Policies

GEN2 Allocation of sites

GEN2 Allocation of Sites

Policies in this Local Plan:

i. allocate undeveloped sites for particular uses as shown on the Proposals Map,

ii. indicate what will be acceptable on formerly developed sites as shown on the Proposals Map,

iii. provide guidance on how proposals on non-allocated sites will be considered.

Proposals for development should not conflict with the allocations made in this Local Plan or prejudice the implementation of Local Plan policies.

Proposals for new uses on non-allocated sites will be considered against the aims and relevant policies of this Local Plan and where appropriate, weighed against the economic, social and amenity benefits arising from the existing use.

Reasons/Explanation

The purpose of the Local Plan is to: i. provide sites by allocating land for new uses (e.g. new housing, new industry), and ii. to indicate what will be acceptable on sites where changes to the existing use are already proposed or are anticipated to occur during the Plan period.

The areas covered by these specific, site-based policies are identified on the Proposals Map. The Local Plan also provides guidance on how proposals for new or changed uses on non-allocated sites will be considered. This is contained in policies referring to specific land uses and in the general plan-wide policies.

In some areas the maintenance of existing uses will be an important consideration e.g. where the existing use provides important amenity or employment opportunities or valuable residential facilities, and permission may be refused where the new use provides less benefit to the community.

Proposals for development should not conflict with the allocations made in this Local Plan or prejudice the implementation of this or any other Local Plan by placing constraints on allocated land. 12 Ellesmere Port and Neston Borough Local Plan

General Policies

GEN3 Land safeguarded to meet possible future development needs

GEN3 Land Safeguarded to Meet Possible Future Development Needs

Land between the urban area of Ellesmere Port and the Green Belt is safeguarded from development in order to meet possible development needs arising after 2011. Within this Plan period, development will only be permitted to meet the essential needs of agriculture or of the statutory undertakers provided that the development is not detrimental to the open rural character of the area.

Reasons/Explanation

The Local Plan makes provision for development needs in the Borough during the Plan period up to 2011. Government guidance on Green Belts is that local authorities should satisfy themselves that Green Belt boundaries will not need to be altered at the end of the plan period. To do this they may need to identify land between the urban area and the Green Belt which could be used to meet longer term development needs. The area designated in Policy GEN3 is consistent with this national guidance.

Green Belt boundaries in this Local Plan remain unchanged from those of the Ellesmere Port & Neston Local Plan which was adopted in 1993. Some of the safeguarded land identified in that Local Plan has been allocated for housing in this Local Plan. A review of the County Structure Plan and this Local Plan will have to re-examine where development needs post 2011 can be met. This examination may need to include a review of both Green Belt and safeguarded land boundaries.

Refer to Policy: GB1, GB2 Ellesmere Port and Neston Borough Local Plan 13

General Policies

GEN4 Noise

Development proposals with the potential to produce noise must conform with the following criteria:-

i. Where noise-sensitive uses (e.g. housing, hospitals and schools) are present or are allocated in this Local Plan or any other Development Plan, the ambient noise levels experienced at these noise-sensitive sites should not be raised unacceptably.

ii. Where noise-sensitive uses are not present or are unlikely to be affected by additional noise, the noise generated by the proposed development should not detrimentally increase the background noise over a wider area.

iii. In rural areas noise generated should not affect the quiet enjoyment of the countryside, and in particular should not cause an unacceptable degree of disturbance.

The Borough Council will scrutinise consultations on planning applications for new or expanded airports and similar proposals, and will request that any disturbance to residents is kept to the very minimum.

Reasons/Explanation

There is a need to restrict and control noise levels within the Borough. Some noisy development may be permitted provided that the effects can be mitigated to a level required by the Borough Council. Noisy or potentially noisy developments will require a noise assessment to be carried out by the developer indicating the anticipated noise levels and, where necessary, the mitigating measures to be taken to reduce the effect to an acceptable level. Where developments involving continuous noise are proposed there should be no increase in the lowest measured background noise levels (dBA <90) at above 0.04 dBA at the nearest noise sensitive location.

Development that is likely to increase levels of noise pollution in the countryside to unacceptable levels will not be permitted, particularly where this is likely to affect the quiet enjoyment of the rural areas of the Borough which are a valuable recreational resource. It is however recognised that there are certain noises arising from agricultural development e.g. animal noises, that cannot be controlled.

Refer to Policies: GEN7, GEN8, EMP1, EMP2, ENV7, REC6. 14 Ellesmere Port and Neston Borough Local Plan

General Policies

GEN5 Crime prevention

GEN5 Crime Prevention

Proposals for new development should be designed so as to minimise the risk of criminal activity to both individuals and property through such matters as siting, layout and design. In existing built-up areas of the Borough measures to reduce crime will be supported provided that they meet the criteria set out in Policy GEN1.

Reasons/Explanation

The design and layout of new development such as housing or industrial estates allows an opportunity of planning to reduce the risk of crime. Once a development has been completed the main opportunity of incorporating such measures has been lost. Current government advice (Circular 5/94 - Planning Out Crime) states that crime prevention could be considered as a material consideration in determining planning applications.

Developers will be encouraged to consider a mix of uses for large development sites as well as other means of improving natural surveillance, such as avoiding hidden areas and ensuring that parking areas are well lit, overlooked and near to the property. The design and layout of footpaths should ensure the safety of pedestrians and avoid facilitating criminal activity.

Crime prevention measures for new developments and existing built-up areas need to be considered in relation to their surroundings and should not detract from the amenity of the area. It should not, for example, be used as an excuse to eliminate appropriate landscaping. Introducing bollards, planters and benches into shopping and employment areas can act as a deterrent to ram-raiding as well as improving the general environment of an area, as long as its design is consistent with Policy GEN6. Other simple measures such as the planting of specific species of trees and shrubs, closed circuit television surveillance systems and improved lighting can act as successful crime prevention measures, deterring trespassers and intruders.

Supplementary Planning Guidance on “Designing out Crime” will be produced by the Borough Council taking into account Government advice, local needs and the amenity of the area.

Refer to Policy GEN6. Ellesmere Port and Neston Borough Local Plan 15

General Policies

GEN6 Access for everyone

GEN 6 Access for Everyone

Proposals for development where the public might reasonably expect to have access (excluding domestic proposals) or where people with mobility difficulties may be employed, will be required to make adequate provision for their access needs, both internally and externally.

Reasons/Explanation

The internal and external design and layout of new development should provide adequate access and facilities for all those with mobility difficulties, whether it be pregnant women, adults with babies and young children, the infirm, the frail, the blind, the deaf and those in wheelchairs.

Careful consideration should be given to how people with mobility difficulties will access the building. External entrances to the building, open spaces, facilities for parking, footpath gradients, ramps, entrances, dropped kerbs and street furniture should be designed and laid out to standards which are safe, usable and convenient for everyone. The Borough Council will negotiate with developers to obtain these provisions.

The Borough Council will require the provision of tactile information, warning signs, toilets, lifts and baby changing facilities, where appropriate.

The Borough Council is preparing Supplementary Planning Guidance on “Access”.

Refer to Policies: TRANS1 16 Ellesmere Port and Neston Borough Local Plan

General Policies

GEN7 Development by telecommunications code systems operators

GEN7 Development by Telecommunications Code Systems Operators

Development of communications masts, aerials and related infrastructure will only be permitted outside the Dee Coastal Area of Special County Value for Landscape where :-

i. it can be demonstrated that there is no reasonable technical possibility of utilising, adapting or replacing existing facilities or developing alternative sites which have less environmental impact, all options for the sharing of masts have been investigated, and proposals for masts contain an assessment of future telecommunications requirements in the area including reference to other operators; and

ii. the siting and external appearance of apparatus, including any location or landscaping requirements and ancillary works have been designed to minimise the impact of the development on the character of open (n.b. Green Belt) and rural areas, on sensitive environmental areas e.g. Conservation Areas, and on residential areas, while respecting operational efficiency.

Within the Dee Coastal Area of Special County Value (ASCV) new masts will only be permitted where it can be demonstrated that no alternative suitable site exists outside of the designated area, and considered under criteria (i) and (ii) above.

Should no alternative sites be available outside the Dee Coastal Area of Special County Value for Landscape, criterion (i) above will apply to development proposals, and also criterion (ii) in terms of minimising the impact of the development on the character of the Area of Special County Value for Landscape.

Reasons/Explanation

The Borough Council recognises the need to cater for telecommunications, and the positive aspect of such means of communication, in particular the possible contribution to sustainability in reducing unnecessary car trips. The Borough Council has to balance these positive aspects with the damage to amenity a proliferation of masts could pose.

The Borough already has a number of significant telecommunications sites and more are located beyond the Borough boundary. It is considered that preference should be given to utilisation of these existing facilities. In particular a site at the Clayhill Light Industrial Park has been identified to serve the Neston area. Other industrial sites within the Borough are likely to be the most suitable sites for such development.

The proliferation of further sites in the Borough other than in industrial areas would be potentially detrimental to environmentally sensitive areas and residential areas. The Policy seeks to ensure that further development is kept to the minimum and to facilitate and maintain the co-operation of operators. With every application, operators will be expected to provide information about related proposals and how the proposal links to the network as a whole. Developers should consider sites where a free-standing mast is not required, such as using an existing building, so long as these do not create situations where residential amenity or the quality of rural areas is affected. Where development is allowed, additional landscaping should be used to minimise the impact of development. Improvements in telecommunications Ellesmere Port and Neston Borough Local Plan 17

General Policies technology during the Plan period may mean that the use of less obtrusive masts, and the siting of masts on electricity pylons, becomes feasible. In such cases operators will be expected to utilise these advances to minimise the visual impact of telecommunications masts.

The visual importance of the Dee Coastal ASCV is recognised in the County Structure Plan and in Policy ENV6. It is considered essential that telecommunications development in the ASCV is subject to an additional test to ensure that it only takes place where it needs a site in the ASCV and its visual impact on the landscape is minimised.

A planning condition will be imposed on any planning permission granted, requiring the restoration of the site should the equipment be removed and the site become surplus to requirements.

Operators should provide evidence that they have carefully considered the use of existing masts, buildings, and other structures before seeking to erect a new mast. Such evidence should accompany all applications for new masts including prior approval applications under part 24 of the GPDO. All applications for new masts within the ASCV should also include evidence of careful investigation of alternative sites outside of the ASCV.

Under the prior approval procedures operators are expected to comply with the Code of Bst Practice. All applications for new masts should be accompanied by technical information comprising a minimum of relevant cell boundaries, plot coverage projections and reasons for selecting/rejecting alternative sites identified. The operator should provide details of consideration for site sharing as appropriate.

The operator is expected to demonstrate minimal impact of proposed development on the environment, and the use of landscaping should be considered. Operators should expect the need to obtain prior approval of siting and appearance for all new masts and most other telecommunications development outside industrial areas. Intervention by the local planning authority to ensure a minimal effect on external appearance of a building will be considered in particular where telecommunications development is prominent and/or detrimental to the amenity of residents. 18 Ellesmere Port and Neston Borough Local Plan

General Policies

GEN8 Telecommunications' development other than by code system operators

GEN8 Telecommunications Development other than by Code System Operators

Telecommunications development by Non-Code Operators, such as CB and radio enthusiasts, and satellite dishes (domestic and commercial) will be allowed provided that the development is located to minimise any visual impact, and the scale, form and siting are appropriate to the building and surrounding area. Particular care will be required in the Area of Special County Value and in Conservation Areas. The development must not result in undue loss of residential amenity.

Satellite dishes with motor operated orientation adjusters will not be permitted adjacent to any party walls or in a location where the noise generated is likely to cause a disturbance.

Reasons/Explanation

Development on the front of buildings can detract from the appearance of a building and be too prominent in the street scene. This is particularly true in Conservation Areas and on Listed Buildings. Development visible above the ridge line can be particularly obtrusive and the form, height and scale of installations can result in a over-dominant relationship with neighbouring property. Radio interference is normally controlled by other legislation and is unlikely to be a reason for refusal on its own. Advice is given in PPG8 “Telecommunications” on dealing with radio interference.

Some satellite dishes and aerials are equipped with motors. The noise generated can travel through adjoining walls and thus cause a disturbance to adjacent occupiers.

Refer to Policies: GEN4, ENV6, ENV16

GEN9 Art

The Borough Council will, in appropriate cases, encourage the provision of new works of public art as part of development schemes and will have regard to the contribution made by any such works to the appearance of the scheme and to the amenities of the area.

Reasons/Explanation

Public works of art can add interest and character to areas of the Borough. The Borough Council will encourage developers to provide suitable works of public art, where it is considered appropriate as part of new development, and where there would be social, cultural, aesthetic and educational benefits. The commissioning of schemes, such as statues, fountains, sculptures, patterned walls, brickwork and floorspaces, creative landscaping and street furniture can positively improve the image of an area and focus on the rich heritage of the Borough. Schemes involving the local community will be particularly welcome. Ellesmere Port and Neston Borough Local Plan 19

General Policies

GEN10 Power stations

GEN10 Power Stations

Proposals for new fossil fuel power stations, including Combined Heat and Power plants, should meet the following criteria:

i. The size and capacity of the plant must be closely related to the need of the industrial unit that it serves, where the plant is to be built in association with an existing industrial concern.

ii. The visual impact of the structures should be minimised as far as possible, by virtue of siting, design, landscaping and external colour scheme.

iii. Non-road modes of transport (rail, canal or pipeline) should be used wherever possible.

iv. The development should utilise existing power lines. If new power lines or pipelines are proposed the applicant must demonstrate that these are essential and that their impact on the landscape, on wildlife and on agriculture in the Borough will be minimised.

v. The proposal should not lead to an unacceptable increase in background noise levels at noise sensitive locations during construction or operation stages.

vi. There should be no unacceptable pollution of air or controlled waters arising from the proposed development. A full assessment into the impact of steam plumes should be carried out and measures to minimise emissions incorporated into the design as necessary.

vii. After the operational period of the plant has ended the site should be cleared of all structures and contamination associated with the power station use.

All proposals will be considered with regard to other existing and proposed power stations in the vicinity. The cumulative impacts of these developments will be considered when assessing the proposal, in particular the overall impacts on air quality, visual impact of structures and plumes, noise levels and the impact on sensitive locations such as the Mersey and Dee Estuary SPA/Ramsar sites.

Reasons/Explanation

A number of electricity generating plants already exist in and around the Borough and it is likely that additional plants will be proposed during the Plan period. As Local Planning Authority, the Borough Council are responsible for determining applications for power stations with a generating capacity of under 50 megawatts. Schemes with greater capacities require consent to be obtained from the Department of Trade and Industry. Although the Council does not determine these larger applications, it can comment on and object to proposals which adversely affect the Borough. This policy forms a basis for assessing all proposals for fossil fuel power stations including Combined Heat and Power plants. Proposals for schemes involving renewable energy sources will be considered against Policy GEN11. 20 Ellesmere Port and Neston Borough Local Plan

General Policies

Combined Heat and Power (CHP) plants, whilst generally involving combustion of fossil fuels, tend to use resources more efficiently and therefore present a more sustainable option than conventional power plants. CHP schemes can utilise the waste heat arising from electricity generation in other industrial processes. In this way such plants can provide economic benefits for industry as well as net environmental gains. The Borough Council would prefer to see energy generation taking place in this way and through renewable sources rather than in new conventional power stations.

Policy EMP7 identifies the site of the former Ince B power station as a possible location for future energy generation use. It is recognised that proposals may also be put forward on sites in other parts of the Borough. All proposals will be assessed on their individual merits.

Under the Environmental Assessment Regulations (1985), power stations with a generating capacity of 300 megawatts or above are subject to mandatory Environmental Assessment. For plants of a lower capacity, an assessment is likely to be required as the development would have significant effects on the environment by virtue of size, nature or location. Such an assessment should consider in detail all of the issues set out within criteria i)-vii) of this policy.

Existing transmission lines and pipelines should be utilised and applicants must demonstrate why this is not possible. Where new power lines and pipelines are required, they must not be detrimental to landscape amenity and accord with Local Plan policies for the M53/Shropshire Union Canal Corridor (ENV11), the ASCV (ENV6) and other relevant policies.

Early consideration should be given to the need for landscaping. Significant amounts of landscaping and tree planting will be necessary on site and off-site to mitigate the visual effects of the development.

Refer to policies: GEN4, EMP2, EMP7, ENV1, ENV2, ENV5, ENV10, HAZ3, TRANS3. Ellesmere Port and Neston Borough Local Plan 21

General Policies

GEN11 Renewable energy

GEN11 Renewable Energy

The Borough Council recognises the role that development of renewable sources of energy can play in reducing harmful emissions which arise from conventional power sources, and in increasing the diversity of energy supply. In consideration of such schemes, the Council will balance the wider environmental benefits of the scheme against any adverse impacts on the local area.

Reasons/Explanation

The development of renewable sources of energy can help to increase diversity and security of energy supply and reduce the harmful emissions to the environment which arise from burning fossil fuels. Technologies for the development of various renewable energy sources are advancing and it is likely that they will become increasingly viable through the lifetime of the Plan.

Sources of renewable energy that could potentially occur within the Borough include:

Waste combustion, including the combustion of industrial, agricultural or municipal wastes. Wood fuel combustion, arising from short rotation coppice; Anaerobic digestion of organic waste such as sewage sludge; Landfill gas combustion; Solar power.

In the long term, wind power, tidal power and photovoltaic systems may become economically viable.

Any development of renewable energy sources must not cause harm to the surrounding area, and must be carefully designed and sited so as to minimise any adverse impacts. This includes the need to protect residential amenity. Where proposals for development of renewable energy sources are put forward, the Borough Council will request that an Environmental Assessment is carried out. This should contain information on the environmental benefits arising from the scheme, weighed up against adverse impacts such as noise, smell, air and water pollution, traffic generation (including any impact from either an increase in traffic movements or the size of vehicles), effect on visual amenity and any implications for nature conservation. Appropriate mitigation and compensation measures will be required.

Within the Green Belt, proposed developments must constitute uses appropriate to a rural area, and will be subject to meeting the criteria set out in Green Belt policies.

Developers should consult the Local Planning Authority for advice on whether operations involving waste are matters for the County or the District to determine.

Refer to policies: GEN1, GEN3, ENV5, TRANS3. 22 Ellesmere Port and Neston Borough Local Plan

General Policies

GEN12 Overhead power lines

GEN12 Overhead Power Lines

When determining applications for development in close proximity to overhead power lines the Borough Council will take into account any adverse impacts which the presence of the transmission towers and wires might have on the amenity of future users of the development. The Borough Council will expect developers to minimise any adverse impacts through careful attention to the layout, siting and design of the development scheme in relation to the transmission towers and power lines.

Reasons/Explanation

The presence of transmission towers and overhead lines can adversely affect amenity of surrounding users through noise, visual impact and over dominance. Such effects can be reduced significantly by adopting creative approaches to urban design, with close attention given to site layout, siting and landscaping. For amenity and practical reasons developers should not locate new housing immediately beneath or adjacent to power lines or transmission towers.

Substantial research that has been carried out world-wide has not shown scientific evidence that establishes a clear causal link between power lines and ill-health. However, the Borough Council will have regard to the advice of the National Radiological Protection Board when determining development proposals for, or in close proximity to, electricity power lines or transmission towers.

The Council will also have regard to the advice of the National Radiological Protection Board and other scientific bodies in responding to proposals for high voltage power lines which could pass through or close to built-up areas. The Borough Council will support the undergrounding of existing and new low voltage overhead power lines when opportunities arise. The undergrounding of high voltage power lines (275 kv and above) will only be sought in exceptional circumstances. Careful line routing will usually be the most appropriate way to minimise the visual impact of high voltage power lines.

Refer to Policies: H1,H2, EMP1, EMP2.

GEN13 Development on agricultural land

GEN13 Development on Agricultural Land

Development on land classified as Grades 1, 2, or 3a under the Ministry of Agriculture, Fisheries and Food Agricultural Land Classification will only be permitted exceptionally, if there is an overriding need for the development and sufficient land in lower grades is unavailable.

Reasons/Explanations

The best and most versatile agricultural land should be protected as a national resource for future generations. This is defined as Grades 1, 2, or 3a. Land in Grades 3b, 4 and 5 of the MAFF classification is of moderate or poor quality and is less significant in terms of the national interest. The majority of agricultural land in the Borough is covered by Green Belt designation or is land safeguarded from development to meet possible future needs. Ellesmere Port and Neston Borough Local Plan 23

Housing

Introduction

The Ellesmere Port and Neston areas differ in terms of their historical development, their housing type and character and their housing markets. The Ellesmere Port area is largely characterised by the urban area of Ellesmere Port, Little Sutton and Great Sutton, but also extends across Stanlow to the village of Ince. The urban area of Ellesmere Port has grown rapidly over the last thirty years with substantial levels of private and public housebuilding. More recently the town has extended westward, away from its traditional core, with the creation of significant new housing estates west of the A41 at both Great and Little Sutton.

The Neston area includes the small town of Neston, its adjoining areas of Parkgate, Little Neston and Ness, together with the villages of Willaston and Burton. The Green Belt is drawn tightly around the built up part of Neston and there is special protection given to the environmentally sensitive Neston/Parkgate Coast Area of Special County Value for landscape (ASCV).

The Cheshire 2011 Structure Plan sets a requirement for housing provision in each of the Cheshire districts for the period 1996-2011. The total Cheshire figure is 31,000, based upon polices within Regional Planning Guidance which set out how the housing needs of the North West should be met up to 2011. The Cheshire figure is divided between the districts in accordance with the Structure Plan strategy. The figure for Ellesmere Port and Neston is 3,100 dwellings between the period 1996-2011, which represents 10% of the total figure for Cheshire (excluding Halton and Warrington).

One of the key requirements for this Local Plan is to identify how this provision is going to be made, through the allocation of land for new housing and by making assumptions about unidentified sites. This process includes taking account of dwellings already built since 1996, forecasting the likely contribution of unidentified (or windfall sites) and allocating new sites. Where and how provision is made is also influenced by a number of environmental and policy constraints. Much of the Borough is Green Belt. New housing development in the Neston area is restricted to that which can be accommodated within the built up area in order to support urban regeneration within the conurbations and take account of environmental constraints. In Ellesmere Port the presence of heavy manufacturing industry and hazardous installations constraint to the location of new housing.

Local Plan policies are expected to address a number of different housing matters in accordance with government guidance. These include the community’s need for affordable housing, the promotion of sustainable development and avoiding town cramming. The community’s need for affordable housing is a material planning consideration and Policy H2 of the Local Plan requires such provision to be made on appropriate sites.

The location, type and nature of new housing should contribute to the objectives of sustainable development as far as possible. To meet these objectives there is a need to minimise the development of greenfield sites (and promote the redevelopment of brownfield sites), reduce dependency on private car travel and maximise opportunities to use public transport, cycling and walking. New houses should be sited and designed to maximise efficient use of energy. It is also important to protect and enhance the character of new and established housing 24 Ellesmere Port and Neston Borough Local Plan

Housing

Aims

The aims of the Housing policies are:

To meet the strategic requirement as set out in the Cheshire 2011 Structure Plan. To identify land for new housing sites which can contribute towards the objective of sustainable development. To encourage a mix of type, size and design of new housing across the Borough. To protect and enhance the character of existing housing areas. -To encourage the provision of housing which is locally affordable and of a type suitable for the special housing needs of the Borough. Ellesmere Port and Neston Borough Local Plan 25

Housing

H1 Allocation of land for housing development

H1 Allocation of Land for Housing Development

The following sites are allocated for residential development during the Plan period. Approximate site areas and indicatory dwelling numbers are shown.

Ellesmere Port Area Sites (Anticipated for 10 or more dwellings):

Indicatory Dwelling Number

1. South of Ledsham Road (16.5ha) 420 2. West of Backford Cross (19ha) 350 3. Overpool (12.1ha) 360 4. Green Lane, Sutton Green (4.8ha) 120 5. Stanney Grange Infants School (1.3ha) 30 6. Rossfield Road (6ha) 180 7. Grange College, Sutton Way (0.7ha) 15 North of Berwick Road, Little Sutton 80 8. (5.5ha) 30 9. Somerville Crescent (1.2ha) 24 10. Rochester Drive (0.8ha) 20 11. Lime Street (1ha)

Sub-total 1629

Neston Area Sites (Anticipated for 10 or more dwellings):

Indicatory Dwelling Number

9. North of the Brook, Moorside Lane 25 10. (1.2ha) 20 Deeside School, Mellock Lane (0.8ha)

Sub-total 45

SUMMARY TOTAL 1674 DWELLINGS

Reasons/Explanation

The Cheshire Replacement Structure Plan Cheshire 2011 identifies a figure of 3100 dwelling units to be built in the Borough between 1996 and 2011. This is a share of the 31,000 units to be built in new Cheshire over the period. The figure represents a slowing down in housebuilding rates from the previous Structure Plan period (1986-2001).

In Neston and the western area of the Borough the strategy continues the past approach of development restraint in order to support urban regeneration and to take account of strategically important local constraints. For the Ellesmere Port area the strategy seeks to achieve a mix of housing allocations maximising, where possible, the potential of suitable brownfield sites. The expected yield of most of the 26 Ellesmere Port and Neston Borough Local Plan

Housing

allocations reflects the higher densities anticipated by the Local Plan Inquiry Inspector and proposed in Planning Policy Guidance Note 3 (Housing) and the Government document “ Planning for the Communities of the Future”.

The figures are based at the position as at 1st April 1998 and include allowances for large sites with planning permission, unidentified large sites, unidentified small sites and completions 1996-1998.

Ellesmere Port Neston Borough

Completions 1996-98 408

Large sites with planning permission 574 181

Unidentified small sites - -

Unidentified large sites - -

Allocated sites 1629 1674

Total Housing Provision 1996-2011 - - 3241

Refer to Policies: H1(1) to H1(8), H2, H7, REC2. Ellesmere Port and Neston Borough Local Plan 27

Housing

H1(1) South of Ledsham Road

The site South of Ledsham Road is allocated for residential development. The site is 16.5 hectares and is expected to yield around 420 dwellings. The development will take place in accordance with a development brief which shall be approved by the Borough Council. This development brief will accord with the policies of this Local Plan and shall also include the following specific requirements:

The southernmost 2.5 hectares will be used for recreational open space and not housing Vehicular access shall be taken off Ledsham Road and the developer will be expected to carry out off-site works including junction improvements as necessary The retention of the existing access track to Sutton New Hall Farm The retention and protection of the area of woodland adjacent to Penistone Drive.

H1(2) West of Backford Cross

The site West of Backford Cross is allocated for residential development. The site comprises 20 hectares and is expected to yield around 350 dwellings. The development will take place in accordance with a development brief which shall be approved by the Borough Council. The development brief will accord with the policies of this Local Plan and will include the following specific requirements:

The development layout is designed so as to minimise the area of land lost to beneficial use as a result of constraints imposed by powerlines, pipelines etc.

H1(3) Overpool

The site at Overpool is allocated for residential development. The site comprises 12.1 hectares and is expected to yield around 360 dwellings. The development will take place in accordance with a development brief which shall be approved by the Borough Council. The development brief will accord with the policies of this Local Plan and will include the following specific requirements:

That the recreational open space currently situated adjacent to Rossmore Road is relocated to the north of the site, adjacent to Poole Hall Industrial Estate 28 Ellesmere Port and Neston Borough Local Plan

Housing

H1(4) Green Lane, Great Sutton

The site at Green Lane, Great Sutton is allocated for residential development. The site comprises 4.8 hectares and is expected to yield 120 dwellings. The development shall take place in accordance with a development brief to be approved by the Borough Council. The brief shall accord with the policies of this Local Plan and shall also include the following specific requirements:

That a landscaped buffer is provided along the western boundary of the site That no housing development shall take place on that part of the site that falls within the HSE inner consultation zone around Sutton Hall Water Treatment Works and that this area be retained as open space.

H1(5) Stanney Grange Infants' School

H1(5) Stanney Grange Infants School

The site at Stanney Grange Infants School, Ellesmere Port is allocated for residential development. The site comprises 1.3 hectares and is expected to yield around 30 dwellings. The site includes a former area of recreational open space and therefore the development of the site is subject to Policy REC1.

H1(6) Rossfield Road

The site at Rossfield Road, Ellesmere Port is allocated for residential development. The site comprises 6 hectares and is expected to yield around 180 dwellings. The development shall take place in accordance with a development brief to be approved by the Borough Council. The development brief shall accord with the policies of this Local Plan and shall also include the following specific requirements:

Vehicular access shall be not be taken off the adjacent existing or proposed industrial estates A new footbridge shall be provided across the railway to the south of the site A 20 metre landscaped and mounded buffer shall be provided to the eastern and northern boundaries of the site to protect the amenity of residents from the adjoining industrial areas Ellesmere Port and Neston Borough Local Plan 29

Housing

H1(7) Grange College

The site at Grange College, Ellesmere Port is allocated for residential development. The site currently forms part of the playing field of the College and consequently the development is subject to Policy REC1. Given the site’s proximity to the town centre, development which provides for persons with mobility difficulties, special needs or without access to personal transport would be particularly encouraged.

H1(8) North of Berwick Road, Little Sutton

The site to the north of Berwick Road, Little Sutton is allocated for residential development. The site comprises 5.5 hectares and is expected to yield about 80 dwellings. The development will take place in accordance with a development brief which must be approved by the Borough Council. The development brief will accord with the policies of this Local Plan and will also include the following specific requirements:

The retention of the tree-covered areas A Transport Impact Assessment which will also set out necessary improvements to Berwick Road and its junctions with the A550 and A41. This will most likely include the severing of the road and the creation of two separate turning heads. The retention of the existing section of Berwick Road fronting the site as a footpath/cycleway including the retention of the existing hedge on the northern side of the road.

Reasons/Explanations

Whilst proposals for the allocated sites will need to accord with all relevant policies of the Local Plan, there is a need to draw the attention of developers to the particular requirements which arise on certain of the allocated housing sites. On the large housing sites development briefs will be necessary to ensure that the development meets the policies of the Local Plan and other site specific requirements and that development takes place in a planned and agreed way. In the case of Green Lane, highway issues will be considered at the planning application stage. 30 Ellesmere Port and Neston Borough Local Plan

Housing

H2 Affordable housing

H2 Affordable Housing

The Borough Council will negotiate with developers for the provision of an element of affordable housing on all of the housing sites allocated in Policy H1 and on unidentified sites of more than 1 hectare in area or where 25 or more dwellings are proposed. The element of provision should be set as 25% (per cent) of the dwellings on the site. The Borough Council will seek to ensure that all affordable housing remains affordable in the longer term.

Reasons/Explanation

A community’s need for affordable housing is a material planning consideration which may be take into account in formulating development plan policies and deciding planning applications, according to Planning Policy Guidance Note 3 and Circular 6/98. Where local authorities are able to demonstrate a lack of affordable housing to meet local needs, they should include a policy in the plan seeking an element of affordable housing on suitable sites and should set out how many affordable houses should be provided throughout the plan area. The PPG, Circular 6/98 and subsequent case law have confirmed that councils are entitled, where housing need has been demonstrated, to seek affordable housing. If developers refuse to negotiate on this subject, that is a material planning consideration in assessing their application for planning permission.

PPG3. paragraph 38 puts a duty on local authorities to adopt their own definitions of what constitutes affordable housing. Having regard to Circular 6/98 (and paragraph 4 in particular), affordable housing for the purposes of this policy is defined as housing (subsidised and low cost market housing) which meets housing need and is available to people who cannot afford to rent or buy houses generally available on the open market.

A detailed housing needs survey published in 1996 showed that there are estimated to be 3510 households in the Borough who are living in unsuitable housing and who cannot afford market solutions to their housing problems. This represents around 10% of total households in the Borough. This figure is expected to rise during the plan period.

The Borough Council will negotiate for affordable housing on all of the sites allocated in Policy H1 and on windfall sites of more than 1 hectare in area or where 25 dwellings or more are proposed. In assessing the suitability of sites for affordable housing the following criteria will also be considered:

the proximity of local services and facilities and access to public transport whether there will be particular costs associated with development of the site whether the provision of affordable housing would prejudice the realisation of other planning objectives that need to be given priority in development of the site

All of the sites allocated for housing under Policy H1 and which are suitable for affordable housing will be expected to make provision on site and the arrangements set out in paragraph 23 of Circular 6/98 would not apply. The sites at Grange College (7) and Deeside School (10) are below the size threshold of 1 hectare set out in Circular 6/98. Affordable housing would not therefore be required upon them unless the number of dwellings put forward in a planning application was 25 or more. In respect of the Grange College site, reference should also be made to Policy H1(7). Ellesmere Port and Neston Borough Local Plan 31

Housing

The Borough Council will seek to ensure that satisfactory arrangements are in place to ensure that the benefit of affordable housing is also available to successive as well as initial occupiers of the property. This could be achieved by a variety of mechanisms including the involvement of registered social landlords, planning obligations, and other legal agreements or by the establishment of housing trusts. Developers will be expected to demonstrate that they have satisfactorily addressed this issue.

The Council will prepare Supplementary Planning Guidance on Affordable Housing.

H3 Housing needs

H3 Housing Needs

The Borough Council will seek to ensure that the range of housing accommodation provided on allocated and windfall sites generally meets the specific needs of households in the Borough. Particular emphasis should be given to provision for single person, small households and households with special needs. Sites that are close to shops and personal services will be especially appropriate to households not having access to personal transport; on such sites lower car parking requirements will be applied.

Reasons/Explanations

It is important that new housing meets the needs of the local community. Policy H2 seeks the provision of affordable housing but the Council will also expect that the needs of single person, small households and households with special needs should be catered for. There is a national trend towards smaller households and this is expected to continue during the plan period. PPG3 encourages local authorities to adopt policies which take full account of changes in housing needs in their areas and which widen the range of housing opportunities to allow these to be met.

As well as making provision for smaller households, consideration must be given to the requirements of households with special needs. A housing needs survey published in 1996 showed there to be 4950 households in the Borough containing a person with an identified special need. This represents 15% of total households in the Borough. Special needs include those with learning difficulties, mental health problems, impaired sight or hearing, the frail elderly or those with other physical disabilities. The latter two groups were identified in the Survey to be the most prevalent within the Borough. 48% of special needs households or 7% of all households in the Borough contain a person with a physical disability who may find it difficult to cope in ordinary housing. 26% of special needs households or 4% of all households in the Borough contain an elderly person who has become frail and who may find it difficult to cope in ordinary housing.

A review of the housing needs survey was completed after the adoption of the Local Plan (David Couttie Assocites 2002). It showed a continuing shortage of properties suitable for smaller households. 32 Ellesmere Port and Neston Borough Local Plan

Housing

H4 Housing development in urban areas

H4 Housing Development in Urban Areas.

Within existing urban areas on sites not allocated for any particular use on the Proposals Map, new housing development will be allowed provided it satisfies the following criteria:

i. It does not result in loss of amenity space or other open space considered important for the locality.

i. It makes best use of and retains valuable landscape features of the existing site.

ii. It is of satisfactory layout, character, density, scale, design materials and landscaping.

iii. It does not result in overshadowing, overlooking or loss of privacy.

iv. It is not close to a use that could be detrimental to the amenity of occupants by virtue of the creation of noise, air pollution or odour.

Proposals for the conversion of buildings to self-contained flats will be considered against Policy H5.

Reasons/Explanation

New housing development or redevelopment includes new dwellings, changes of use of existing buildings to residential use and development of existing sites. Such development in urban areas can play an important part in total housing provision in the Borough, especially where it uses vacant, derelict, or under-used urban land. Development on small sites (less than 1 acre, approximately 10 dwellings in size) and infill sites (the filling of a small gap in an otherwise built-up frontage; a small gap is one which could be filled by one or two houses) can play a particularly important part in enhancing the level and range of housing in the Borough. Policy H1 makes an allowance for future development on such sites, as yet unidentified, during the Plan period.

A balance must be struck between the need to protect the quality of the urban environment including amenity and other open space, and the retention of old buildings. Developers of new housing, whether on housing estates, or on smaller infill sites or conversions, will be expected to achieve high standards of layout, design, materials, access arrangements, landscaping and car parking.

The layout of new development should not attempt to fit too many dwellings into a site resulting in cramped formation with poor levels of privacy. It is important to avoid such “town-cramming” which is harmful to the character of the settlement concerned. On infill sites particularly, tandem development must be avoided because of its associated problems of reduction of privacy and increased disturbances. Developers will need to conform to the standards adopted by the Borough Council on matters such as residential roads, parking and open space.

Developers will be expected to use suitable groupings of materials which complement each other throughout a site and which are in sympathy with existing materials on adjacent sites. In addition, developers will be expected to retain existing landscape features wherever possible, and add to them Ellesmere Port and Neston Borough Local Plan 33

Housing with appropriate new planting. Existing trees must be protected during building operations. New housing should not be sited too close to trees as this causes overshadowing of buildings and/or gardens.

Where it has been agreed through established procedures that school buildings have become surplus to educational requirements, residential development may be considered a suitable use subject to meeting criteria i-v) and vii) of this policy. This does not apply where school playing fields are no longer required for educational use, however. Any proposals for housing development on playing fields will be considered against policies REC1 and, where appropriate, ENV8.

This Policy does not apply in the Green Belt, Conservation Areas, the Area of Special County Value or the village of Willaston.

Reference should be made to the Supplementary Planning Guidance Note on “Infill Plots”.

Refer to Policies: H1, H2, H3, H7, REC2, ENV7, ENV8, ENV15, REC1, REC4, TRANS1, TRANS4. 34 Ellesmere Port and Neston Borough Local Plan

Housing

H5 Conversion to flats

H5 Conversion to Flats

Proposals for conversions to self-contained flats will be allowed, subject to the proposal meeting all of the following criteria:

i. The building to be converted is suitable and large enough to provide satisfactory accommodation for future residents.

ii. The conversion is possible without the need for alterations and extensions, or additional new buildings, which would significantly detract from the appearance or character of the original building.

iii. The development does not detract from the amenities of neighbouring residents or those living in the newly created flats through noise transmission, loss of privacy or overlooking.

iv. The proposal does not adversely affect the character of an area.

v. Pedestrian access should normally be via the front of the flatted property.

vi. Satisfactory vehicular access can be obtained and adequate provision is made for car parking within the site in accordance with the Borough Council’s adopted standards. In exceptional cases where sufficient on site parking cannot be provided, on street parking may be acceptable provided that it does not create or worsen unsatisfactory highway conditions or significantly detract from the amenity of local residents. Secure cycle storage should be provided for in the scheme.

vii. There is adequate and practicable provision of open space within the curtilage of the existing building which is in scale and character for the use associated with the proposed dwelling units.

This Policy does not apply in the Green Belt or within the Stanlow Special Policy Area (Policy EMP2).

Reasons/Explanation

The sub-division of existing houses (often large old houses) and the conversion of properties to flats, can provide a useful contribution to housing provision in the Borough. Flats can make a valuable contribution to meeting the needs of smaller households, providing affordable housing and to urban regeneration.

Sub-division of a large old house may be the only way to maintain and therefore preserve it. However sub-divisions and conversions will not be permitted at the expense of increased noise or disturbance to residents of other units in the property or neighbouring properties. This is a particular problem in semi-detached or terraced properties. Small terraced property such as that occurring in Westminster and Central areas will mostly be unsuitable for conversion. Proposals will be judged against the criteria in Policies GEN1. In particular, the amenity of new residents may be adversely affected by lack of proper garden space and noise transmission within the building. The amenity of the local area may also be adversely affected by increased traffic and parking. The potential cumulative impact of such proposals will be taken into account as well as individual impact. Developers should attempt to ensure that fire Ellesmere Port and Neston Borough Local Plan 35

Housing safety measures, such as fire escapes, do not have a detrimental impact on the appearance of the building following conversion.

The creation of flat units above shops can have a positive effect on the revitalisation of a town centre whilst providing small sized accommodation close to shops and services. In Ellesmere Port town centre there is a flats over shops programme partially funded by the Single Regeneration Budget (SRB).

Applications for the conversion of properties to Houses in Multiple Occupation and for the creation of flats above shops, will continue to be treated on their merits. Particular care will need to be taken in environmentally sensitive parts of the Plan area. Reference should be made to the relevant policies on Conservation Areas, Listed Buildings and buildings of architectural or historic merit.

The currently adopted parking standards can be found in the Cheshire County Council Design Aid on “Parking” of December 1990. These standards are however in the process of being reviewed and are more likely to reflect those set out in Draft PPG13 and RPG Review.

Refer to Policies: EMP2, GB1, GB3, GB5, ENV6, ENV12, ENV14, ENV15, TRANS4. 36 Ellesmere Port and Neston Borough Local Plan

Housing

H6 House extensions

H6 House Extensions

Applications for house extensions will be allowed subject to the proposal meeting all of the following criteria:

i. The proposal is in keeping with the character, scale, design, and materials of the original dwelling and the surrounding area.

ii. The amenity of the occupiers of adjacent properties is not unreasonably harmed by overlooking, overbearing, overshadowing or loss of privacy.

iii. Where it already exists, the ability to provide at least two car parking spaces within the site is not compromised.

iv. A sufficient size of usable garden space is retained within the site.

Different criteria may apply in areas of greater environmental sensitivity. For extensions within the Green Belt see Policy GB5. For extensions within Conservation Areas see Policy ENV13. For extensions within the Area of Special County Value see Policy ENV6.

Reasons/Explanation

Applications for domestic extensions are probably the most common type of planning proposals submitted. Special care needs to be taken with the design of such applications in order that, amongst other things, the amenity of the occupiers of neighbouring properties is not unreasonably harmed and that the proposal is not detrimental to the character of either the house or the street scene.

This Policy relates to all house extensions including roof alterations and attached garages. When altering roofs care must to taken to ensure that any protected species such as bats or barn owls which may be living within are protected from harm or disturbance.

Further design guidance can be found in Supplementary Planning Guidance on House Extensions, adopted by the Borough Council.

Refer to Policies: GB2, ENV5, ENV6, ENV12, ENV15 Ellesmere Port and Neston Borough Local Plan 37

Housing

H7 Transport & access provision in housing estates

H7 Transport & Access Provision In Housing Estates

Housing development of five or more dwellings should, as appropriate, make specific provision for walking and cycling routes additional to the provision associated with highway access and for buses. Such routes should, where possible, link with similar routes in the vicinity of the development and should link with public transport facilities provided on site (e.g. for buses) and with public transport services (bus and rail) in the vicinity of the site. Where these routes and facilities cannot be provided on site, a financial contribution may be sought, appropriate to the scale of the requirement generated by the development, to their provision off-site.

Reasons/Explanation

It is important to ensure that new housing developments facilitate and/or provide opportunities for means of travel other than the motor car, through the provision of footpath routes, cycleways and access to public transport. This is consistent with Government guidance. The Borough Council will treat the documents ‘Residential Roads and Footpaths’ (Design Bulletin 32 DoE/DoT), ‘Places, Streets and Movement’ (DETR) and ‘Design Aid for Housing, Industrial and Commercial Estate Roads’ (Cheshire County Council) as supplementary planning guidance to be followed in the application of the policy. Care will be needed in the design of separate footpaths and cycleways, to ensure that the potential for crime is minimised in accordance with Policy GEN5.

Where traffic calming measures are provided, they should be designed so as to allow access by emergency vehicles and buses. On larger estates where provision for buses is made on site, the design of the estate should incorporate lay-bys, bus gates, shelters, loops and turning facilities where appropriate.

In relevant cases developers will be required to help improve public transport by means of Planning Obligations and may also be required to contribute to the provision of new railway stations.

In addition to facilities within the estate, developers will also be expected to contribute to the cycleway network and links and extensions to the cycleway network by means of Planning Obligations.

Refer to Policies: GEN1, GEN4,GEN5, H1, H4, TRANS1,TRANS2, TRANS6. 38 Ellesmere Port and Neston Borough Local Plan

Housing

H8 School site

H8 School Site

A site is allocated for a new primary school off Willowdale Way, Backford Cross, Great Sutton. The development will be expected to include provision for sufficient car parking and facilities to “drop-off” passengers from cars, to avoid creating or increasing parking problems in the locality.

Reasons/Explanation

The site is located in an area of new housing which is likely to create the need for additional primary school provision. It is owned by the local education authority. The site has remained undeveloped although it was identified as a school site in the adopted Ellesmere Port & Neston Local Plan (1993). It is expected that the necessity for a new school on the site will be monitored during the Plan period.

Refer to Policy: TRANS1. Ellesmere Port and Neston Borough Local Plan 39

Employment

Introduction

The Local Plan is an important part of the work undertaken by the Borough Council to ensure that conditions are provided which allow the growth of employment in the Borough. The Borough Council gives priority to ensuring the continuing health of all of the existing companies in the Borough and to attracting new businesses to promote new jobs and diversify the local economy. The Local Plan assists in this aim by identifying a variety of sites suitable for different types of employment use in the period up to 2011. The Local Plan also recognises that:

the economic future of the Borough is heavily linked to the attractiveness of the area as a place to live and work; environmental principles are equally important in respect of economic development as with residential, leisure and other developments; and it is the role of the Local Plan to set out policies to ensure that the growth of employment is accommodated harmoniously with other land uses.

The Borough uniquely has a large stock of brownfield land but much of it is unsuitable for uses other than employment because of its location in close proximity to industrial sites or hazardous installations. Very few of the allocated sites are greenfield, although it has been necessary to allocate land for a business park at Cheshire Oaks to assist in broadening the range of employment opportunities in the Borough. The sites allocated in the Local Plan policies are as follows:

Policy Area (ha)

EMP1 Sites for Employment Development 88.53

EMP2 Stanlow Special Policy Area 65.51

EMP3 Hooton Park Strategic Site 60.0

EMP4 Ince Marshes 148.0

EMP5Cheshire Oaks 30.9

EMP7 Ince Power Station 20

EMP8 Land at Station Road, Ince 5.7

Aims

The aims of the Local Plan Employment Policies are:

To ensure that adequate land is available to cater for new or expanding businesses in the Borough To ensure that the land available is easily accessible to local residents and can be developed without environmental detriment or harm to local residents and existing local businesses. To ensure that the land allocations are in line with strategic policies and land requirements. To ensure that, where possible, previously used employment sites are developed before greenfield sites. 40 Ellesmere Port and Neston Borough Local Plan

Employment

To ensure where practicable that the expansion and/or development needs of local companies are catered for. To promote the diversification of local employment and facilitate the attraction of new businesses by allocating a range of types of sites.

The Guiding Principle of the Plan, in the context of the employment policies, weighs the needs of existing residents of the Borough for increased availability, variety and access to jobs against the potential environmental harm it may cause and the needs of future generations for employment. The environmental impacts arising from proposed employment uses on allocated sites will be considered when development proposals are assessed. Ellesmere Port and Neston Borough Local Plan 41

Employment

EMP1 Sites for employment development

EMP1 Sites for Employment Development.

Sites comprising a total of 87.53 hectares (216.19 acres) are allocated in the Local Plan to cater for new industrial or office developments (Use Classes B1 - Office/light industry, B2 - General industry, B8 - warehousing). The sites allocated are identified on the Proposals Map and are:

A. Portside, Ellesmere Port - 4.21 ha, 10.4 acres

B. Rossmore Road Industrial Estate, Ellesmere Port - 11.95 ha, 30 acres

C. Clayhill, Neston - 14.21 ha, 35.11 acres

D. North Road, Ellesmere Port - 21.05 ha, 52 acres

E. Former Gas Board Site, Ellesmere Port - 6.3 ha, 15.57 acres

F. Stanney Mill Road, Ellesmere Port - 3.45 ha, 8.52 acres

G. Rushtons site, Ellesmere Port -1.62 ha, 4.0 acres

H. Adjacent Vauxhalls, Ellesmere Port (small sites) - 25.9 ha, 64 acres

The letters refer to the identification of the site on the Proposals Map

In addition, in the course of the plan period proposals for development of employment uses may emerge on sites not allocated in this Plan including extensions to existing uses.

With both allocated and non-allocated sites the following criteria will be used to judge whether or not proposals are suitable for particular sites:

i. That sensitive locations in the vicinity i.e. residential areas, commercial centres, areas or facilities attracting large numbers of visitors, SSSI, ASCV, Green Belt, and Conservation Areas should not be subjected to unacceptable detrimental impacts arising from the appearance of the development or its potential for pollution or noise generation.

ii. That the appearance of the development would not detract unacceptably from visual amenity. Particular regard should be paid to development within the M53/Shropshire Union Canal Corridor.

iii. That the traffic and transport requirements generated by the use including freight and access by employees and visitors can be satisfactorily accommodated both on the site and by the surrounding road network and that non-road and public transport facilities are used whenever possible.

iv. That the appearance and type of proposal is consistent with the surrounding development where appropriate. 42 Ellesmere Port and Neston Borough Local Plan

Employment

Reasons/Explanation

This policy allocates a range of types of sites to cater for the continuing economic growth of the Borough. The land allocations in this policy provide for a variety of uses and complement the additional provisions made in Policies EMP2 (Stanlow), EMP3 (Hooton Park), EMP4 (Ince Marshes) and EMP5 (Cheshire Oaks). There are four grades of site in the Borough - lowest grade within and immediately adjoining the existing developments in the Stanlow complex, low to medium grade alongside the motorway in the Stanlow complex, medium grade alongside the motorway in Ellesmere Port and at Neston and high grade at the Cheshire Oaks site. (Land at Hooton Park and Ince Marshes falls into different categories because of the special opportunities provided by the size of sites in these locations).

In order to meet the objective of sustainable development, employment sites should be allocated so as to minimise the need to travel to work and to allow such travel to be made by means other than the private car. All of the allocated sites are within or adjacent to existing industrial areas but are not suitable for residential use. Furthermore, all of the allocated sites are within reasonably close proximity to residential areas and the Borough Council, through the implementation of other policies in this Local Plan, will seek to promote their access by public transport, walking and cycling. In addition the allocations include sites which have previously been used for industry and so the policy is contributing to the objective of sustainability by promoting the re-use of derelict sites or so called “brownfield” sites.

This policy does not identify which industrial uses should go to a particular site but sets out a number of criteria against which proposals for development will be judged (and which must be read in conjunction with other policies in the Plan). The policy therefore allows flexibility, but applicants should have regard to the Borough Council’s desire to protect, and where possible improve, the environment of the Borough for the benefit of future generations.

Significant consideration will be given to the potential impact of development proposals on the environment and visual amenity. This may lead applicants to the selection of particular sites or action to ameliorate potential impacts by plant or site design, layout or landscaping. The landscaping of development sites is particularly important. In exceptional cases landscaping off-site (as defined in a legal agreement - S.106) may be accepted as a substitute for on-site landscaping where it can be shown to have an equivalent, or improved, landscaping effect. Where the development is of a limited lifespan, Planning Obligations or conditions will be sought where appropriate to ensure the reinstatement of the site.

In addition to a number of sensitive sites in the Plan area (ranging from sites with international status for bird life interest to individual conservation areas) there are areas where visual appearance is particularly important, such as sites highly visible from areas frequented by the public and sites in and alongside the Motorway/Canal corridor. Proposals should have regard to the importance of these locations and to Supplementary Planning Guidance where available (e.g. for the M53/Shropshire Union Canal Corridor).

Some of the uses covered by this policy will generate significant travel demands, whether through the freight transport of raw materials and finished goods or through the movement of staff and visitors. Proposals should have regard to the national requirement to reduce road transportation for sound environmental reasons. Use of rail, waterborne transport or pipelines are real and practicable options for freight transport in many locations in the Borough and should be thoroughly explored. Site location, design, working practices and, where appropriate, the provision of off-site facilities e.g. bus stops, cycleways should encourage an increased use of public transport, cycling and walking for journeys to work. In some cases the Highways Agency or the Borough Council may require developers to carry Ellesmere Port and Neston Borough Local Plan 43

Employment out a Transport assessment to ensure that the road network has the capacity to accommodate the amount of traffic that it is anticipated will be generated.

The policy points out the need to have regard to sensitive and other locations where care in environmental impact and visual amenity is required. In some cases sites may have an industrial ambience with noise, pollution and visual appearance consistent with an older industrial area. The nature of the existing area will be taken into account in deciding planning applications but it should be noted that the overall objective of the Plan, to improve the environment for the benefit of future generations, apply to these existing areas also and higher standards may therefore be required of new development in order to ensure an upgrading of these areas over time.

The sites allocated are expected to be developed for employment uses. The range of sites allocated by EMP1 help to provide for a variety of uses which is important to the Council’s objective of diversifying the employment base of the Borough. The policy defines acceptable uses on the sites. Any small scale enabling supportive or ancillary development would have to be justified at the planning application stage.

Refer to Policies: GEN3, ENV1, ENV2, ENV3, ENV4, ENV9, ENV10, ENV11, GB2, TRANS1, TRANS3, TRANS4, TRANS6. 44 Ellesmere Port and Neston Borough Local Plan

Employment

EMP2 Stanlow special policy area

EMP2 Stanlow Special Policy Area

Within the Stanlow Special Policy Area (as defined on the Proposals Map) new industrial or office developments (Use Classes B1 - Office/light industry, B2 - General industry, B8 - warehousing) including potentially polluting development, may be permitted. The following criteria will be used to judge whether or not proposals are suitable for particular sites:

i. Sensitive locations in the locality i.e. residential areas (including villages outside the Borough), commercial centres, areas or facilities attracting large numbers of visitors, SSSI, Green Belt, Conservation Areas should not be subjected to detrimental impacts arising from the appearance of the development or its potential for pollution or noise generation.

ii. The appearance of the development should not detract from the visual amenity of the local area. Particular regard should be made to development within the M53/Shropshire Union Canal Corridor.

iii. In the case of potentially polluting development, compliance with Policy HAZ3 will be required.

iv. The proposed development should not conflict with the continuing operation of existing industries in the Special Policy Area nor with other Local Plan policies and allocations.

v. The use and the design of the buildings proposed should be consistent with their location in a hazard consultation zone.

vi. The use, design and location of any plant and buildings should have regard to the Areas of Flood Risk identified by the Environment Agency.

vii. The traffic and transport requirements generated by the use including freight and access by employees and visitors should be satisfactorily accommodated both on the site and by the surrounding road network. Non-road and public transport facilities should be used whenever possible.

viii. If the use, size, nature and proposed location of the development is judged by the Local Planning Authority to be likely to generate significant environmental effects and it falls within the defined categories under the Regulations then an Environmental Assessment will be required.

Reasons/Explanation

Closures and reduced demand for land for the oil and petro-chemicals industries have led to the availability of significant areas of land within the Stanlow Special Policy Area with ready access to the railway, canals and M53 motorway. The extent and distribution of the land available within the Special Policy area means that in general this is the most suitable location within the Plan Area to accommodate hazardous and potentially polluting industry (see Policy HAZ3). However not all available land will be suitable for these particular industrial uses. Office and light industrial (B1), other general industrial (B2) and warehousing (B8) uses should also be accommodated in this area. In January 1996, 42 hectares (104 acres) of land were immediately available for development within this area. Ellesmere Port and Neston Borough Local Plan 45

Employment

The potential environmental impact of any proposed development, including visual appearance, will be the most significant consideration in deciding the suitability of any particular site within the Special Policy Area for the use proposed. A distinction will be drawn in the operation of this policy between sites within the heart of the complex and those on the boundaries of the complex where greater care is required with regard to the potential impact of developments. In the area alongside the M53 motorway, for example, proposals will be considered against the M53/Shropshire Union Canal Corridor Supplementary Planning Guidance and the Development Briefs for the Newbridge Road, Lees Lane and Bridges Road industrial sites. Particular care will also be needed to protect the visual amenity of the surrounding settlements of Ince, Elton and Thornton-le-Moors with, for example, tree planting. The overall impact of any development on land, air or water pollution will be considered regardless of its location.

Part of the area covered by this policy is identified by the Environment Agency as being at risk from flooding. Within this area developers will be required to take appropriate flood protection and mitigation measures for all new development, intensification of development or land raising works. Flood risk areas are shown in the Background Documents to this Local Plan. These are already subject to protection measures to avoid flooding.

The Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 implement a European Community Directive. They also identify two categories of projects - those which must have an environmental assessment and those which can be required to have an environmental assessment if the Local Planning Authority considers that the proposal is likely to generate significant effects on the environment. Oil refineries and the disposal of toxic waste fall into the first category, chemical, food, textile and rubber industries and non-toxic waste disposal fall into the second category.

Not all of the vacant land within the Stanlow Special Policy Area is appropriate for re-use for development. In some cases undeveloped land must, or should, be retained to create a visual or environmental buffer around existing installations. In these areas tree planting as part of the Mersey Forest will be encouraged as will the commercial use of forestry and coppicing (e.g. the commercial cropping of hazel to produce a renewable energy source). The scope for accommodating other uses in this area is covered in other policies of this plan e.g. for ‘bad neighbour’ leisure uses such as motor cycle scrambling, paintball combat (see Policy REC6).

Refer to Policies: ENV1, ENV2, ENV3, ENV4, ENV10, ENV11, ENV12, HAZ1, HAZ2, HAZ3, HAZ4, REC6, TRANS1, TRANS3, TRANS6. 46 Ellesmere Port and Neston Borough Local Plan

Employment

EMP3 Hooton Park strategic site

EMP3 Hooton Park Strategic Site

A site of 30 hectares at Hooton Park is identified for industrial, office or warehousing uses (Use Classes B1, B2 and B8). This site fulfils a different function to the sites identified in EMP1 and is to be retained for one or a small number of significant space users, or for uses connected to the car industry. It is identified as a Strategic Employment Site. No retail or non-office commercial development (e.g. hotels) is to be permitted on this site except where it is ancillary to an appropriate use of the listed aircraft hangars which are to be retained.

Measures should be adopted to ensure that the traffic and transport requirements generated by the use, including freight and access by employees and visitors, utilise non-road facilities where possible, and that such provision, is considered with the initial design of the site, including off-site works where appropriate.

The area of woodland adjacent to the hangars is of particular importance for its visual and wildlife value and should be protected.

Reasons/Explanation

This site could provide an exceptional resource within the region to cater for significant space users. It is currently owned by Vauxhall Motors Ltd and held for their own future use. The site lies adjacent to the Vauxhall car plant and uses which support the continued prosperity and competitiveness of the plant will be particularly welcome. However, such is the potential value of this site in catering for regional industrial growth and serving both Cheshire and Merseyside that it is identified as a Regional Employment Site in line with Regional Planning Guidance which identifies the need for large attractive ‘Regional Employment’ sites to allow the region to compete for large scale inward investment.

The site is well served by the M53 motorway but rail access is also available and may be an alternative for freight purposes. The site is divorced from immediate centres of population and thus physical provision within the site, to ensure the provision of public transport links to the site for journey to work purposes will be encouraged. This will ensure that employment opportunities are accessible to all sectors of the community in Ellesmere Port and Neston and settlements in the Wirral Metropolitan Borough area and it is also consistent with the national aim of reducing road traffic. A Transport Assessment relating to the development of the 30 hectares may be required.

Retail and non-office commercial development will not be permitted on this site in order to reserve it as a strategic industrial site for the uses outlined and in order to concentrate retail and other commercial uses within the identified commercial centres to retain and enhance their vitality and viability. The site includes three listed hangers formerly associated with the use of this land as a wartime airfield. Two of these hangars are in use as a motor museum operated by the Griffin Trust, and this use is expected to continue.

The woodland area adjacent to the hangars is of particular importance for its visual and wildlife value. The site lies within the Mersey Forest. Development proposals must ensure that this woodland is protected during and after development. It is expected that the Borough Council will place a Tree Preservation Order on the most valuable part of this wooded area. Ellesmere Port and Neston Borough Local Plan 47

Employment

The Borough Council will prepare a development brief for the site which will form Supplementary Planning Guidance.

Refer to Policies: ENV10, ENV11, TRANS1, TRANS3, TRANS4.

EMP4 Ince Marshes

Land at Ince Marshes is allocated for oils, chemicals and related industries. Development will only be allowed if:

a. it can be demonstrated that the development cannot be satisfactorily accommodated on land within the Stanlow complex,

b. by water, it makes maximum use for the movement of freight of the deep water facility of the adjoining Manchester Ship Canal,

c. on land, it maximises freight movement through new links to and use of the rail network, particularly to minimise the impact of increased traffic generation on the local and national road network,

d. any adverse impacts from the development on the local environment and amenity of residents in the locality are minimised,

e. any adverse impacts from the development on nature conservation, both within the site and adjoining the site, particularly on the Mersey Estuary SSSI/SPA/Ramsar site are minimised, and measures are taken to create new sites for nature conservation in mitigation and compensation for those damaged or destroyed,

f. a scheme of landscaping is undertaken appropriate to the development, and in the context of the development of the Mersey Forest (Policy ENV10),

g. provision is made for public access onto the site, where this would not be prejudicial to the industrial operations, rail and other commercial movements on the site and/or to public safety,

h. measures are taken to minimise any flood risk arising from the development both on and off-site.

Separately to the above, limited development will also be allowed on Ince Marshes, where this provides for the expansion of the adjoining chemicals/fertiliser plant if it can be demonstrated that the development:

a. is essential for the continued operation of the business, and

a. cannot be satisfactorily accommodated on the existing site or on other land elsewhere.

Pending the development of the Ince Marshes site for oil, chemicals and related industries, development for the needs of agriculture will be permitted subject to the consideration of any detriment to visual amenity. 48 Ellesmere Port and Neston Borough Local Plan

Employment

Reasons/Explanation

The approved Cheshire Replacement Structure Plan (Cheshire 2011) Policy IND8 allocates 140ha of land on Ince Marshes for oil, chemicals and related industries. This carries forward the policies of the Mersey Marshes Local Plan approved in 1986.

The Ince Marshes site presents a unique and strategic opportunity to accommodate oil and chemical development. The deep water port facility and the proximity to existing petro-chemical plant in the Stanlow complex combine to offer a rare opportunity. Development will only be permitted on the site if it makes optimum use of this special location and the nearby canal and rail transport infrastructure.

Oils, chemicals and related industries relate to processing and manufacturing operations and other developments will only be allowed on the site where there is a functional need for such developments to be physically and integrally linked to the manufacturing and processing operations. Such “other” development would include central administrative, and research and development operations.

The site is not appropriate for small scale development nor for development ancillary to the primary processing and manufacturing operations. These should be located elsewhere. Small scale processing and manufacturing operations should be sited in the Stanlow complex (Policy EMP2). Ancillary development should be directed to the Ince Power Station site (Policy EMP7) or the Stanlow complex (Policy EMP2).

Any proposal to develop the site must include an Environmental Impact Assessment in accordance with Circular 2/99 and the 1999 Regulations. In addition proposals must include a Transport Assessment which must include an assessment of freight traffic movement by canal and rail. The potential impact of any development on nearby settlements including the villages of Elton and Thornton-le-Moors will need to be assessed.

The majority of the site is designated as a Grade A Site of Biological Importance (SBI). The extent of this is defined on the Proposals Map. Policy ENV3 allows the development of such sites only where the reasons for the proposal outweigh the need to safeguard the intrinsic nature conservation value of the site.

Certain statutory agencies and other bodies (including for example, Environment Agency, Health and Safety Executive, English Nature) have specific responsibilities in carrying out strategic functions particularly in the control of pollution and harmful emissions that may result from the development.

A Development Brief outlining the strategic and local contexts for the development of the site will be drawn up by the Borough Council in conjunction with Cheshire County Council together with consultees and agencies as appropriate.

Refer to Policies: ENV1, ENV3, ENV10, ENV12, TRANS1, TRANS3, TRANS4. Ellesmere Port and Neston Borough Local Plan 49

Employment

EMP5A Cheshire Oaks

Land at Cheshire Oaks, identified on the Proposals Map, is allocated for retail, leisure or office uses. Any further development must meet the following criteria:

i. individual developments will be expected to achieve a high standard of design, materials and landscaping;

ii. there should be adequate provision for access by public transport, pedestrians and cyclists from the town centre;

iii. applicants must demonstrate by way of a traffic impact study that the highway network has sufficient capacity to accommodate the traffic likely to be generated, taking into account other commitments and allocations in the area;

iv. any retail development

a. must be demonstrated to have no damaging impact on the overall vitality and viability of existing town centres or local shopping centres in Ellesmere Port and Neston or adjoining districts, b. must not be capable of being accommodated on a site within or on the edge of Ellesmere Port town centre, c. must be principally for the sale of comparison goods. d. must be justified in terms of need

Reasons/Explanation

In 1989 outline consent was granted for a 463,000 sq. ft non-food retail development on a 90 acre site at Cheshire Oaks. The site was allocated for an out of centre comparison goods centre. The Cheshire Oaks Outlet Village has taken up the majority of this floorspace with the remainder being taken up by the adjacent Coliseum development.

As at August 2000 this development is nearing completion. Should any new planning applications be submitted for this site however, they will be considered against the criteria set out in this policy.

The overall strategy for Cheshire Oaks has been to create a high quality flagship development as a gateway to Ellesmere Port to alter the profile of the town and to make it more attractive to inward investment, as well as to create employment and broaden consumer choice for residents. Accordingly any development must be of a high standard of design with high quality materials and landscaping.

Permission for further retail development will only be granted if it will not adversely affect the overall vitality and viability of existing town centres. In considering the impact on town centres, including those in neighbouring districts, the Borough Council will seek to balance any potential adverse effects on town centres or local shopping centres against the possible benefits of additional retail development at Cheshire Oaks (additional employment, increased consumer choice for residents, convenience and accessibility). Conditions may be applied to any permission for retail development in order to prevent a permitted scheme from later changing in a way that would have an unacceptable impact on town centres or local shopping centres. 50 Ellesmere Port and Neston Borough Local Plan

Employment

There is already adequate provision in the town for large convenience stores and any further such development may be prejudicial to the town centre or local shopping centres. Proposals must therefore be principally for the sale of comparison goods. Small amounts of convenience floorspace may be allowed as an exception if it is an essential and complementary element of a larger scheme and it does not threaten the overall viability and vitality of town centres or local shopping centres.

Any development at Cheshire Oaks will be required to make provision for public transport, pedestrians and cyclists as well as cars. Transport Assessments will be required to demonstrate that the highway network has sufficient capacity to accommodate additional traffic. Policy GEN1 provides the policy context in respect of off-site requirements.

Refer to Policies: ENV5, ENV10, TRANS1.

EMP5B Cheshire Oaks

A site at Cheshire Oaks, identified on the Proposals Map, is allocated for:

1. new recreation and tourism development; or

2. the development of a landscaped, low density business park,

subject to the following criteria:

i. individual developments will be expected to achieve a high standard of design, materials and landscaping;

ii. there should be adequate provision for access by public transport, pedestrians and cyclists from the town centre;

Reasons/Explanation

Outline permission for a leisure development was granted on a site at Cheshire Oaks in February 1990 and the site was allocated in the adopted local plan. The original scheme did not proceed and has now been superseded by the grant of permission on a nearby site. Part of the site (2 ha. 5 acres) has now been developed as a racquets and fitness centre. The allocation of the balance is retained for the development of further recreation or tourism uses, or for Business Uses as on the neighbouring Business Park allocated in Policy EMP5C.

Refer to Policies: ENV5, ENV10, TRANS1, TRANS6. Ellesmere Port and Neston Borough Local Plan 51

Employment

EMP5C Cheshire Oaks

Land at Cheshire Oaks, identified on the Proposals Map is allocated for a landscaped business park. All development must meet the following criteria:

i. all buildings must be of a high standard of design and constructed with good quality materials;

ii. the layout of the site should incorporate extensive landscaping and tree planting;

iii. adequate provision must be made for access by vehicular and other appropriate modes of transport including cycle and foot.

Reasons/Explanation

The Borough is heavily dependent on the employment provided by the chemical and vehicle industries and there is a need to expand and diversify the local economy to ensure its long term health. Land on these two sitesis allocated to meet the shortage of high quality employment sites and it will meet the requirements of modern Business Uses for a high standard development in a landscaped setting. The allocation of this land is important in extending the range of employment land in the Borough where, in the past, the majority has been industrial land with a relatively low quality environment. This is particularly important in that it is the only allocation in the Borough of land of a sufficiently high quality to provide an appropriate setting for an office based Business Park.

The detailed layout of the sites, the landscaping and the design criteria will be the subject of a developer’s brief which must satisfy the Local Authority, including incorporation of existing natural features where possible, and high quality landscaping.

Refer to Policies: ENV5, ENV10, TRANS1, TRANS4, TRANS6. 52 Ellesmere Port and Neston Borough Local Plan

Employment

EMP6 Established industrial areas

EMP6 Established Industrial Areas

The consideration of proposals for development in established urban industrial areas will have regard to the need to ensure the ongoing environmental upgrading of these areas to promote continuing investment and the need to provide security through physical measures, layout and the design of individual sites. Within these areas, commercial uses such as hot food delivery bases, gymnasiums, taxi offices and car hire offices will be permitted where it can be shown that:

i. The amenity of local residents will be safeguarded,

ii. The operational needs of neighbouring site users will not be impeded,

iii. There is no significant loss of employment potential,

iv. Adequate car parking is provided.

Reasons/Explanation

It is important to retain confidence in the established industrial areas of the Borough. This can be achieved in part by ensuring that high environmental standards are set, and maintained and that companies can establish adequate security measures to be confident in continuing their investment. These two aspects can be readily reconciled with appropriate design and maintenance of sites, fencing and landscaping both within and on the margins of sites.

The Borough Council will use its powers where possible to co-ordinate action in these areas and to promote measures such as the advance planting of margins of industrial sites and the use for planting of unusable corners of vacant land in industrial areas. This action is consistent with the Council’s M53/Shropshire Union Canal corridor strategy and the fulfilment of the aims of the Mersey Forest.

Industrial estates can be appropriate locations for commercial uses which might cause traffic problems and other nuisances on residential or town centre areas. Such uses need to be controlled however in order to protect the amenity of neighbouring residential areas and the attractiveness and health of the industrial estate generally. These uses must not undermine the primary function of the estate as a location for employment uses. Proposals for uses ancillary to the industrial estate such as cafes and snack bars will be considered against the same criteria.

Refer to Policies: GEN4, ENV10, ENV11, SHOP4. Ellesmere Port and Neston Borough Local Plan 53

Employment

EMP7 Ince Power Station site

EMP7 Ince Power Station Site

The former Ince Power Station site, as shown on the Proposals Map, is identified for employment uses. Development proposals must:

i. Provide B1, B2 or B8 employment uses or energy generation uses,

ii. Secure the re-instatement of derelict and contaminated land,

iii. Not be detrimental to the amenity of nearby residential communities in terms of traffic movements, pollution, and hazard constraint,

iv. Include significant planting proposals consistent with the site’s location within the Mersey Forest,

v. Utilise non-road transport where possible,

vi. Incorporate measures to protect against and mitigate flood risk where appropriate.

No retail, leisure or housing will be allowed on the site. No oil, chemicals or related industries will be allowed on the site.

Reasons/Explanation

The closure of the Ince B Power Station site presents a major opportunity for the redevelopment of the whole Ince Power Station site to provide employment uses. Such uses should be restricted to classes B1, B2 or B8 or for energy generation. The site lies partly in Ellesmere Port & Neston and partly in Chester City.

Development proposals should be consistent with the provisions of the local plans for both authorities and should accord with the joint development brief to be drawn up by Ellesmere Port and Neston Borough Council, Chester City Council and the landowners. The site is suitable for development ancillary to development allowed on Ince Marshes under Policy EMP4.

The existing road access to the Power Station is unsatisfactory for the redevelopment of the site for employment uses and development proposals must address this issue. Proposals which maximise the use of non-road transport will be favoured. In addition the issue of the demolition of the existing structures and the re-instatement of derelict and contaminated land must be considered prior to or as part of the submission of development proposals. The site lies within the Mersey Forest and the redevelopment of the site presents an opportunity to make a significant contribution to this initiative.

Refer to policies: GEN4, EMP4, ENV10, HAZ2, TRANS3. 54 Ellesmere Port and Neston Borough Local Plan

Employment

EMP8 Land at Station Road, Ince

A site at Station Road, Ince, identified on the Proposals Map, is allocated for business (B1) uses. The site is in a prominent location between the Stanlow Refinery and the edge of the green belt and is also close to the villages of Ince and Elton. Any development, therefore, must meet all the following criteria:

i. all buildings must be of a high standard of design and constructed with good quality materials;

ii. the density of building on the site should be low with a layout and massing of buildings that minimises its impact on the immediately surrounding area including adjacent dwellings;

iii. the development must incorporate extensive landscaping and tree planting to reflect its location within the Mersey Forest area and its proximity to residential areas;

iv. access to the site must only be achieved from Shell Star Road and must include adequate provision for vehicular and other appropriate modes of transport including cycle and foot;

v. all business activity must be carried out within buildings and there must not be any open storage on the site.

Reasons/Explanation

This site is in a sensitive location acting as a buffer between Ince and Elton and the Green Belt. Any development, therefore, must be of a high standard of design and must not be prominent. The site is also within a key area of the Mersey Forest so significant levels of tree planting and landscaping will be required. There is a valid permission for employment uses on the site which was granted in 1982 and which included the provision of planted woodland strips (up to 30m in width). Any new proposal should incorporate such planting.

Refer to policies: GEN4, ENV10, HAZ2, TRANS1, TRANS4. Ellesmere Port and Neston Borough Local Plan 55

Green Belt

Introduction

The majority of the Borough’s countryside is designated as Green Belt for planning purposes. This means that strict planning policies are applied in order to restrict development to that which is appropriate in a Green Belt. Policies within the Local Plan identify the kind of development which would be appropriate and that which would be inappropriate in the Green Belt. The Proposals Map of the Local Plan shows the Green Belt boundary in detail. The Green Belt boundary in the majority of the Plan Area was formally established with the adoption of the Ellesmere Port and Neston Local Plan in June 1993 and will endure for the foreseeable future.

National Green Belt policy guidance (PPG2) defines five purposes of including land within Green Belts. These are:

To check the unrestricted sprawl of large built up areas; To prevent neighbouring towns from merging into one another; To assist in safeguarding the countryside from encroachment; To preserve the setting and special character of historic towns; To assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

The reasons for including land in the Green Belt are of great importance and provide the justification for protecting the land. The use to which Green Belt land is then put can have a positive role in meeting the following objectives:

To provide opportunities for access to the open countryside for the urban population; To provide opportunities for outdoor sport and outdoor recreation near urban areas; To retain attractive landscapes and enhance landscapes near to where people live; To improve damaged and derelict land around towns; To secure nature conservation interest; To retain land in agricultural, forestry and related uses.

The principle of the Borough’s rural areas being designated as Green Belt is in accordance with the Cheshire 2011 Structure Plan. The importance of Green Belt in maintaining separation between settlements and supporting regeneration in the Mersey Belt is also referred to in Regional Planning Guidance.

The Green Belt in the Borough is part of the wider North Cheshire Green Belt. This runs from Chester and Neston in the west to Macclesfield in the east of the County, and links to the Merseyside Green Belt in Wirral. The Green Belt performs key strategic functions such as preventing the coalescence of settlements; protecting historic towns; protecting the countryside and assisting in urban regeneration whilst at the same time preventing further urban sprawl.

Aims

The fundamental aim of the Local Plan Green Belt policies is to protect and wherever possible enhance the open character of the Borough’s Green Belt land. This aim accords with the Guiding Principle of the Local Plan in that:

Urban sprawl is prevented and urban regeneration assisted by encouraging the reuse of land within towns; 56 Ellesmere Port and Neston Borough Local Plan

Green Belt

The valuable character of the Borough’s towns, villages and countryside is protected; Opportunities are provided for appropriate sport and recreation; Access to the countryside is protected; Nature conservation interests are secured.

GB1 Definition of Green Belt area

GB1 Definition of Green Belt Area

The boundary of the Green Belt in the Borough is defined on the Proposals Map. The settlements of Ellesmere Port (including the Stanlow area), Great Sutton, Little Sutton, Parkgate, Little Neston, Ness, Neston and Willaston, together with Ince Marshes, as defined on the Proposals Map, are not subject to Green Belt policy. In all other parts of the Borough, open countryside, hamlets and villages, Green Belt policy will be applied.

Reasons/Explanation

The principle and general coverage of the Green Belt in the Borough as part of the North Cheshire Green Belt has long been established in successive Structure Plans. More recently the detail of the Green Belt has been defined in the Mersey Marshes Local Plan (1986) and the adopted Ellesmere Port and Neston Local Plan (1993).

Designation of the rural areas of the Borough as Green Belt reflects a Structure Plan strategy of development restraint. The objectives of the Green Belt in the Borough are to help check the unrestricted sprawl of the large built-up areas in Merseyside and prevent coalescence with Ellesmere Port, to safeguard the countryside in the south of the Wirral from further development encroachment; to prevent settlements in the area from merging into one another; to protect the character of the town and villages in the Neston and Willaston areas, and Ince; and to assist urban regeneration in Merseyside and Ellesmere Port by helping to steer development and investment back into the urban areas.

The Green Belt is particularly important for protecting the narrow areas of open countryside between Ellesmere Port, and Eastham; between Neston and Heswall; between Neston, Willaston, Hooton and Great and Little Sutton; and between Ellesmere Port’s industrial areas and the settlements and industrial areas to the east. The rural areas of the Borough are subject to substantial development pressures which if unchecked would lead towards merging of these settlements with consequent loss of individual character. In addition, the remaining open countryside on the Wirral peninsula is very limited. In the Borough itself the remaining open countryside could easily be spoilt by inappropriate development.

In the Neston area the Green Belt is drawn tightly around the existing built-up area, reflecting the Structure Plan strategy of development restraint. In the village of Willaston, development is similarly restricted to only small-scale or infill development which can be reasonably accommodated within the existing built-up area; Willaston is accordingly designated as a village inset in the Green Belt with the Green Belt drawn tightly around it. (See Policy GB6). This is a continuation of the approach taken in the adopted Ellesmere Port & Neston Local Plan (1993). All other villages and hamlets in the Plan area are washed over by the Green Belt, (including Childer Thornton, Burton, Hooton and Ince), and development including infilling, will not be allowed except under the provisions of Policy GB2.

Refer to Policies: GB2, GB3, GB4, GB5, GB6, GB7, GB8, GB9, GB10. Ellesmere Port and Neston Borough Local Plan 57

Green Belt

GB2 Green Belt policy

GB2 Green Belt Policy

Within the Green Belt planning permission will not be given, except in very special circumstances, for the construction of new buildings other than for the purposes of agriculture and forestry, for essential small scale facilities for outdoor sport & recreation, for cemeteries and for other uses of land which preserve the openness of the Green Belt and which do not conflict with the purposes of including land in it. The change of use of land and engineering or other operations will not be allowed unless it maintains openness and does not conflict with the purposes of including land in the Green Belt.

Reasons/Explanation

To meet the aims of the Green Belt it is essential that its open rural character is protected. To achieve this there is a strong presumption against inappropriate development. In the case of inappropriate development, it is for the applicant to show that very special circumstances exist and that permission should be granted.

Acceptable uses within Green Belts include agriculture, forestry, and essential, small scale facilities for outdoor recreation. Some forms of agricultural and forestry development do not require planning permission. Cheshire County Council is responsible for determining applications for minerals exploitation. The Borough Council is likely to object to proposals for minerals development which would pose a threat to the character of the Green Belt.

Where permission is granted for new development in the Green Belt in accordance with this Policy, proposals will be expected to include measures to offset the impact of the development on the visual amenity of the Green Belt in appropriate cases, e.g. landscaping to act as a screen, replacement of trees or hedges.

Refer to Policies: GB1, GB3, GB4, GB5, GB7, GB8, GB9, GB10. 58 Ellesmere Port and Neston Borough Local Plan

Green Belt

GB3 Re-use of buildings

GB3 Re-Use of Buildings

Planning permission will be given for the re-use of existing buildings for another purpose in the Green Belt provided that they meet all of the following criteria:

i. The proposal does not have a greater material impact than the present use on the openness of the Green Belt and the reasons for its designation.

ii. The building is of permanent and substantial construction and is capable of conversion without major re-construction or significant extension or alteration.

iii. The establishment of the proposed use must not destroy any valuable character of the building or setting, or lead to a deterioration of the surrounding area and environment by virtue of extensions, the creation of residential curtilages, fencing, car parks, outbuildings, and other such ancillary features required by the new use.

iv. The form, bulk and general design of the buildings are in keeping with their surroundings.

Where the re-use of existing buildings is allowed in accordance with the above criteria, conditions may be attached to the permission to secure an improvement in the external appearance of the building.

Reasons/Explanation

There is potential for the re-use of rural and other agricultural buildings to assist farm diversification and to aid the rural economy. Where the proposal involves the conversion of a building of architectural or historic merit, it is essential that the building’s character is preserved. Residential conversions can often have a detrimental effect on the fabric and character of historic buildings.

Conversion of structures of an insubstantial or temporary nature, for example wooden or metal farm sheds, will not be allowed. The developer must demonstrate that that building is capable of conversion. In certain cases, structural surveys may be required.

Sometimes a proposal to re-use a building will be accompanied or followed by proposals to add extensions to the building. These proposals will be treated as new development and be considered against Policy GB3 except in the case where the building has been converted to residential use where proposals for extension will be considered against GB5.

Refer to Policies: GB1, GB2, GB4, GB5, GB8, GB9, ENV5, ENV16, SHOP3. Ellesmere Port and Neston Borough Local Plan 59

Green Belt

GB4 Housing development in the Green Belt

GB4 Housing Development in the Green Belt.

New housing development in the Green Belt will be refused other than where it is essential to meet the needs of agriculture or forestry, or except in very special circumstances. The extension of domestic curtilages will not be allowed.

Applications for the replacement of existing dwellings in the Green Belt will be considered against the following criteria:

i. The new dwelling is not of a greater size or scale than the existing dwelling and the visual impact on the character or and openness of the Green Belt is no greater as a result of redevelopment.

i. The new dwelling is sited so as to minimise visual impact on the Green Belt and is not sited outside of the original residential curtilage.

ii. The construction, materials and design of the dwelling should be appropriate to the rural area.

iii. The existing dwelling is not worthy of retention in terms of local character, architectural or historic merit.

iv. Ancillary works and curtilage buildings are sited and are of a scale design and materials to minimise visual impact on the openness and character of the Green Belt.

v. Existing landscape features are retained and additional landscaping carried out.

Reasons/Explanation

To meet the aims of the Green Belt it is essential that its open rural character is protected. To achieve this, there is a strong presumption against new housing development, including infilling within villages washed over by the Green Belt.

New housing development for agricultural or forestry purposes will only be considered where this is essential for the operation of a viable agricultural or forestry holding. This criteria will be strictly applied and clear proof will be required. Where the Borough Council gives permission for such development, it will impose a condition restricting occupancy to persons engaged in agriculture or forestry and will require a legal agreement to the same effect.Agricultural workers dwellings should generally be sited within or immediately adjacent to the main farm complex. The design and scale of the proposed dwelling must be in keeping with its function and surroundings and any ancillary facilities must not be detrimental to the visual amenity of the Green Belt. Applicants for new agricultural workers dwellings should demonstrate why it is not possible to re-use existing buildings on the farm to house the worker.

The replacement of an existing dwelling should lead to an enhancement of the surrounding area. The existing dwelling must be a non-temporary structure. Care will need to be taken to make sure that ancillary works must not have a harmful impact on the open rural character of the Green Belt. The 60 Ellesmere Port and Neston Borough Local Plan

Green Belt

Borough Council may control future extensions and alterations to the replacement dwelling through Planning Obligations and/or the imposition of conditions.

Further guidance on replacement dwellings in the Green Belt can be found in Supplementary Planning Guidance “Replacement Dwellings in the Green Belt”, approved by the Borough Council.

Refer to Policies: GB1, GB2, GB3, GB5.

GB5 Extensions and alterations to dwellings in the Green Belt

GB5 Extensions and Alterations to Dwellings in the Green Belt

Extensions and alterations to dwellings in the Green Belt will be allowed provided that they do not result in development which materially increases the building’s prominence in the Green Belt or which causes damage to the open rural character of the Green Belt.

The design of extensions must enhance the local character of the Green Belt. By itself or taken together with other extensions on the property, such development must not result in disproportionate additions to the property.

Reason/Explanation

Small scale extensions and alterations to existing dwellings should not, with appropriate safeguards, be detrimental to the open character of the Green Belt. Without control over size, nature prominence and design, the character of the Green Belt could be spoiled. There is a danger of increased suburbanisation. Large extensions may be inappropriate simply because of their size. Further guidance on extensions and alterations of dwellings in the Green Belt is set out in Supplementary Planning Guidance.

Refer to policies: H4, GB1, GB2, GB3, GB4, ENV5. Ellesmere Port and Neston Borough Local Plan 61

Green Belt

GB6 Willaston village inset

GB6 Willaston Village Inset

Willaston village is inset in the Green Belt and the inset boundary, as defined on the Proposals Map, has been drawn tightly around the village to reflect its location within an area of restraint. Within this inset boundary only infilling and limited development will be allowed. Such development must be of a scale, density, design and materials in sympathy with the character of both the neighbouring area and the village as a whole.

For development within the Willaston Conservation Area proposals must in addition comply with Policy ENV13.

Reasons/Explanation

This area of the Wirral is subject to a strategy of restraint in order to support the urban regeneration policies of the conurbation and to take account of strategically important local constraints. Therefore the Green Belt boundary has been drawn tightly around the existing built-up area in order to prevent outwards expansion by new development.

It is considered appropriate that Willaston is designated as an inset village since there is some potential for infilling and limited development.

In addition to this Policy, proposals for development within the Willaston village inset will be considered against other relevant Local Plan Policies.

Refer to Policy: ENV13 62 Ellesmere Port and Neston Borough Local Plan

Green Belt

GB7 Roften area major developed site

GB7 Roften Area Major Developed Site

The Roften Area Major Developed Site of 21.0 hectares is allocated for Class B1, Class B2 and Class B8 as provided for below:

A The Roften Works Site

On the Roften Works Site of 14.6 hectares, redevelopment for Class B1 and Class B2 employment uses only will be allowed. Proposals must relate to the whole site to which the following provisions will apply:

i. Building development must not exceed an aggregate ground floor area of 21,000 square metres, buildings must not exceed the height of existing buildings presently on the site, and must be closely consolidated in the centre of the site and not dispersed so that the potential for openness on the site is optimised; ii. No open storage will be permitted; iii. On-site car parking provision shall be set at a minimum level and hard surface areas required for commercial vehicles should also be kept to a minimum; iv. Provision shall be made for convenient pedestrian links to Hooton Station and for cycleways that provide for connections to local cycleways in the vicinity of the site; v. Buildings to be replaced shall be demolished and cleared and derelict and contaminated land shall be cleared and made good; vi. The site shall be landscaped, and provision made for public access to open spaces on the site except where this would be prejudicial to the operation and security of business development on the site.

B The remainder of the Roften Area Major Developed Site

On the remainder of the Roften Area Major Developed Site, lying to the north of Hooton Road and to the south of Hooton Road east of the railway line, of 6.4 hectares, proposals for redevelopment for B1, B2 and B8 uses will be allowed provided that

i. they do not have a greater impact, and preferably have less, than the existing development on the openness of the Green Belt, ii. they do not exceed the height or occupy a larger part of the site than the existing buildings, unless this benefits visual amenity, iii. no open storage will be permitted unless such storage is screened by buildings or landscaping so that it is not visible from outside the Major Developed Site.

Proposals for limited infilling for these uses will be allowed provided that:

i. they do not lead to a greater visual impact of the site on the Green Belt than the existing development, ii. the height of the existing buildings is not exceeded, iii. no open storage will be permitted unless such storage is screened by buildings or landscaping so that it is not visible from outside the Major Developed Site. Ellesmere Port and Neston Borough Local Plan 63

Green Belt

In all cases the development must include landscaping with particular attention paid to the boundaries of the site as defined on the Proposals Map, the road and railway frontages within the defined site and the boundaries of the individual plots. Existing trees should be retained in the landscaping scheme.

Reasons/Explanation

The area has been long established as an industrial area. It comprises two separate sites. The land immediately south of Hooton Road and west of the Wirral Way and Hooton Station and is commonly known as the Roften Works site. It currently comprises an unsightly mixture of industrial and storage uses together with substantial areas of derelict and vacant land. Ensuring the site’s continued beneficial use for employment is preferable to allowing the site to run down and finally become derelict. Outline planning permission has been granted for the re-development of the north eastern part of the site for business (B1) uses. The land to the north of Hooton Road and to the south of Hooton Road east of the railway line is currently in employment use.

A development brief for the Roften Works site was prepared in 1994 following the adoption of the Ellesmere Port and Neston Local Plan. There is a need however to prepare a revised brief for the this part of the Major Developed site, taking account of the provisions of this policy and the revised national planning guidance set out in the revision to PPG2. This brief must include details on the following matters:

Guidance on building design and disposition of the site Access arrangements for vehicles, pedestrian and cyclists Parking standards and hardstandings Lighting provision The key elements and principles applicable to a land reclamation and comprehensive landscaping plan for the site as a whole Access to Hooton Station on foot and bicycle Provision for public access to open areas

A proportion of the remainder of the Major Developed Site (outside of the Roften Works site) is currently in B8 use. It is considered that permitting new development of B8 uses on this site might lead to the replacement of some of the existing unattractive and inefficient buildings with more attractive and better sited buildings and deal appropriately with issues of open storage . This would have a beneficial impact on the character of the Green Belt in this area.

Proposals for the redevelopment of the site must contribute to securing Green Belt objectives through for example enhancing landscapes and providing access to open countryside.

The context for the policy is set out in Annex C of PPG2 revised.

Refer to Policies: ENV9, ENV10, TRANS1. 64 Ellesmere Port and Neston Borough Local Plan

Green Belt

GB8 Stables and field shelters

GB8 Stables and Field Shelters

Proposals for field shelters and small scale stable developments should satisfy the following criteria:

i. Buildings and ancillary features must not be prominent in, or detrimental to, the rural scene. When assessing the prominence of a proposal, the Borough Council will take account of the density of existing similar development in the vicinity and the cumulative impact of the existing and proposed development on the landscape character of the area.

ii. The development should be carefully sited to best make use of natural features and any existing buildings. Where development is allowed under this policy, additional landscaping will be required to enhance the surrounding area.

iii. The construction, materials and design of the building/s should be appropriate for the rural area and the type of use.

iv. The development should not involve the creation of a new vehicular access onto the highway unless this is in replacement of an existing unsatisfactory vehicular access that will be closed.

v. The development should not give rise to traffic which cannot be accommodated on existing access roads.

vi. Appropriate provision must be made for the prevention of nuisance to residential amenity.

Reasons/Explanation

The Borough Council recognises the role that countryside areas can play in providing opportunities for riding and keeping horses. However, controls are required to prevent harm to the character of the rural area through subdivision of fields and the proliferation of isolated buildings and ancillary features. There are already a large number of stables and field shelters within the rural areas of the Borough and increasing demand for more. If unchecked these developments could spoil the open character of the countryside in the Borough.

For the purpose of this policy, small stables are defined as being approximately 55m2 or less. This is based on the maximum stable size for four horses recommended by the British Horse Society. Ancillary features covered by this policy include field shelters, tack rooms, haystores, jumps, fences, menage, floodlighting and driveway alterations. For larger scale equestrian development refer to Policy GB9.

This policy intends to reduce the visual impact of equestrian development through ensuring that proper attention is given to siting, layout, landscaping, construction materials and design. This is particularly important in the Area of Special County Value for Landscape. Where buildings are unduly prominent from public places, roads or footpaths they will not be allowed. Subdivision of fields has adversely affected the character of the rural area in certain parts of the Borough and proposals which involve further subdivision should be avoided. Where fields have already been divided then fences should be of a high quality. Hedges should be planted wherever possible. Ellesmere Port and Neston Borough Local Plan 65

Green Belt

Landscape deterioration can occur as a result of overgrazing. In order to avoid this and to ensure the proper care of horses the Borough Council will expect that a minimum provision of 0.4 hectares (1 acre) per horse is made. This is based on recommendations made by the Countryside Commission and British Horse Society.

Traffic associated with equestrian development can have an adverse impact on narrow lanes including damage to verges and hedgerows. Existing access roads must be capable of accommodating vehicles such as horse boxes and trailers if the development is to go ahead.

Equestrian development can have an adverse effect on the amenity of nearby residents through problems such as odour, and measures should be made to prevent such effects. Appropriate siting of stables and ancillary features away from houses can help to avoid any problems.

Refer to Policies: GB1, GB2, GB3, GB9, ENV6, ENV9. 66 Ellesmere Port and Neston Borough Local Plan

Green Belt

GB9 Large stables and riding facilities

GB9 Large Stables and Riding Facilities

Proposals for larger scale equestrian development, including the expansion of small scale development, comprising commercial facilities, and large stables for private recreational use, should meet the following criteria:

i. New establishments will only be permitted on previously developed sites using existing buildings.

ii. The development and ancillary features should not have a greater material impact than the present use on the character and openness of the Green Belt.

iii. Any additional buildings should be ancillary, small in scale and essential to the facility. They should be sited close to existing buildings and should be of appropriate design and materials to minimise visual impact on the openness of the Green Belt.

iv. The development should not give rise to traffic which cannot be accommodated on existing access roads. On-site parking should be sited and/or screened such that there is no adverse affect on residential or visual amenity.

v. Appropriate provision must be made for the prevention of nuisance to residential amenity.

vi. The development should not involve floodlighting.

Reasons/Explanation

Development of riding facilities can have a significant impact on the open character of the Green Belt through the proliferation of buildings and structures, increased traffic and changes to the landscape. In order to minimise such impact, new equestrian facilities should only be provided through the conversion of existing buildings. Such re-use of traditional buildings can help in farm diversification and provide a use for otherwise redundant buildings. Any new buildings must be essential for the facility and should form part of the existing group rather than standing in isolation. Visual impact should be minimised through design and colour.

Establishment of new equestrian premises can result in significantly increased levels of traffic. It is important that access roads can accommodate the increased number of vehicles to ensure that problems such as widening of lanes and damage to hedgerows and verges are avoided. On site parking should be sited so as to minimise visual impact and avoid any harm to the amenity of any nearby residents who may not be associated with the facility. In some cases, extensive landscaping may be required to screen parking areas. Floodlighting of facilities can have a detrimental effect on the amenity of residents and the character of the rural area. Floodlighting will only be permitted in exceptional circumstances and only where it can be shown to have no detrimental impact on the surrounding area.

Refer to Policies: GB1, GB2, GB3, GB4, GB5, GB8, ENV9. Ellesmere Port and Neston Borough Local Plan 67

Green Belt

GB10 Golf courses

GB10 Golf Courses

New golf courses will only be permitted in the Green Belt where the proposal:

i. does not lead to the irreversible loss of the best and most versatile agricultural land and,

ii. enhances the landscape quality and nature conservation interest of the land and,

iii. provides for public access and,

iv. does not involve floodlighting and,

v. does not give rise to traffic which cannot be accommodated on existing access roads and on-site parking is sited and/or screened in order that there is no adverse effect on residential or visual amenity

The proposal must have no adverse impact on groundwater or streams. Any new buildings, ancillary development and engineering works such as the creation of mounds and bunkers, must be essential to the development and have a minimal effect on the openness of the Green Belt. No materials should be imported onto the site unless they are strictly necessary for the construction of the golf course including any ancillary development. No waste materials should be imported onto the site whatsoever. In addition, the proposal must include a high quality landscaping and planting scheme.

Reasons/Explanation

Whilst one of the objectives of Green Belt policy is to provide opportunities for outdoor sport and recreation near to urban areas, the development of golf courses can have a serious detrimental effect on the open character of the Green Belt. It is important therefore that new golf courses by their location and design, lead to an improvement in landscape value and harmonise with the surrounding area. The design should seek to utilise natural features such as hedges and copses, and should include significant amounts of tree planting.

No materials should be imported onto the site unless they are strictly necessary for the construction of the golf course. No waste materials should be imported onto the site, disposed of on the site or used in any part of the construction.

Public access onto the golf course will be required in line with PPG2 on Green Belts which identifies one of the objectives of the use of green belt land to be the provision of opportunities for access to the open countryside for the urban population. Ideally access will be achieved through the provision of footpaths or cycleways linking to existing paths but consideration will also need to be given to public safety.

The majority of the Borough’s Green Belt is well-farmed agricultural land of good landscape value.

Refer to policy: ENV9. 68 Ellesmere Port and Neston Borough Local Plan

Natural and Built Environment

Introduction

Ellesmere Port & Neston enjoys a rich and diverse environment. Flanked by the internationally important Mersey and Dee Estuaries, the Borough also has many valuable features such as woodlands, trees, hedges, ponds, brooks and wildlife habitats. Interesting man made features include listed buildings, Conservation Areas and archaeological sites. The landscape of the Neston/Parkgate Coast and its surrounding area is defined as an Area of Special County Value for its special landscape quality. On the Ellesmere Port side of the Borough, steps have been made to improve the environment through derelict land reclamation programmes and development of the Mersey Forest project.

The protection and enhancement of the local environment for the enjoyment of present and future generations is a fundamental aim of the Local Plan. Since there are so many elements which fall into the term “environment”, the policies of this section are wide ranging.

Regional Planning Guidance sets down detailed advice relating to the environmental policies that development plans should contain. According to RPG, policies should aim to conserve and enhance the region’s natural and built heritage; protect coastlines, improve derelict land; establish community forests and protect water and air quality.

Aims

The Guiding Principle of the Local Plan is essentially an environmental one. However, the Environment Policies themselves have a number of aims. These are:

to protect and enhance the Borough’s urban, rural and coastal landscapes; to protect and enhance those features which form the Borough’s built and natural heritage; to assist in the improvement of the quality of air, water and sea in the Borough; to protect and enhance the Borough’s valuable wildlife habitats; to protect, enhance and extend green networks in the Borough; to increase the level of tree cover in the Borough in line with the Mersey Forest Plan. Ellesmere Port and Neston Borough Local Plan 69

Natural and Built Environment

ENV1 International sites of nature conservation importance - The Dee and Mersey special protection areas/Ramsar sites

ENV1 International Sites of Nature Conservation Importance - The Dee and Mersey Special Protection Areas/Ramsar sites

Proposals for development which may affect the Dee and Mersey Estuaries’ Special Protection Areas/Ramsar Sites will be subject to the most rigorous examination.

Development not directly connected with or necessary to the management of the particular protected site and which is likely to have significant effects on the protected site (either individually or in combination with other plans or projects) and which would affect the integrity of the protected site, will not be permitted unless the Borough Council is satisfied that:

i. There is no alternative solution, and

ii. There are imperative reasons of over-riding public interest for the development and/or land use change.

Where such development is allowed the Borough Council will require the use of conditions or planning obligations to secure all compensatory measures.

Reasons/Explanations

Both the Mersey and Dee Estuaries SSSIs are designated as wetlands of international importance under the RAMSAR convention and as Special Protection Areas under the EC. Directive on the Conservation of Wild Birds. Under the EC. Habitats Directive 1994 all classified SPAs and RAMSAR sites are considered as European sites. This Directive was introduced by the Government into the UK under The Conservation (Natural Habitats &c.) Regulations 1994 and is explained further in the guidance of PPG9 - “Nature Conservation”.

The Habitats Regulations aim to avoid, in SPAs and Special Areas of Conservation (SACs), the deterioration of the habitats and species for which a site has been designated. In the two estuaries the effect of these designations will seek to protect specified wildfowl and wader populations and their habitat within the Sites of Special Scientific Interest (SSSIs).

The above policy asks for an assessment to be undertaken when considering developments to look at the implications for the nature conservation value of the site. This assessment does not correspond to a formal Environmental Impact Assessment although for some proposals this will be necessary. Developments outside but adjacent to the estuary SSSIs may still have an adverse effect on them. For this reason English Nature have established Consultation Zones around the Dee and Mersey Estuaries to highlight the area where development may have an adverse effect on the SSSI.

If permission is granted for development which adversely affects the integrity of a site compensatory measures will be necessary. Integrity of the site refers to the site as a whole.

Refer to policies : ENV5, ENV6. 70 Ellesmere Port and Neston Borough Local Plan

Natural and Built Environment

ENV2 National sites of nature conservation importance

ENV2 National Sites of Nature Conservation Importance

Proposals for development likely to affect a Site of Special Scientific Interest will be subject to special scrutiny. Where such development may have an adverse effect, directly or indirectly, on the SSSI it will not be permitted unless the reasons for development are of such overriding significance that they clearly outweigh the nature conservation importance of the site and the national policy to safeguard the national network of such sites.

Development may also be permitted where it can be subject to conditions that will prevent damaging impacts on wildlife habitats or important physical features, and/or means of mitigation and compensation ensure that there is not net loss of the environmental resource.

Reasons/Explanation

There are four SSSIs within the Borough. Proposals affecting the Dee and Mersey SSSIs should be considered against Policy ENV1 since they are both internationally recognised sites. Inner Marsh Farm and Hallwood Farm Marl Pit are the only other currently designated SSSIs. The latter site is important because of the presence of male and female Black Poplars. Black Poplars are an uncommon and declining native tree.

Refer to policies : ENV1, ENV5.

ENV3 Nature conservation sites of regional, district or more than local importance

ENV3 Nature Conservation Sites of Regional, District or more than Local Importance

Development likely to have an adverse impact on a Site of Biological Importance, a Regionally Important Geological/Geomorphological Site or a Local Nature Reserve, will not be approved unless it can be clearly demonstrated that the reasons for the proposal outweigh the need to safeguard the intrinsic nature conservation value of the site.

Reasons/Explanation

There are a number of Sites of Biological Importance (SBIs) in the Borough, all of which are shown on the Proposals Map. These are graded A, B and C according to their biological importance.

A = County Importance

B = District Importance

C = More than Local Importance Ellesmere Port and Neston Borough Local Plan 71

Natural and Built Environment

The sites are identified jointly by the County Council and Cheshire Wildlife Trust in conjunction with English Nature. The SBI system is reviewed annually whereby new SBIs may be identified or existing sites regraded or boundaries altered. Developers should be aware that this review takes place and that the designation of sites on the Proposals Map was correct as at August 2000. In considering developments likely to affect SBIs regard should be taken to the grading of sites.

There are currently three Regionally Important Geological / Geomorphological Sites (RIGS). These have been identified in the Borough at Burton Point, Burton Village (main street) and Neston Rock Cutting (Wirral Way).

There are currently four designated Local Nature Reserves (LNRs) in the Borough at Whitby Park, Stanney Woods, Rivacre Valley and Burton Wood. LNRs are a statutory designation declared by local authorities under the National Parks and Access to Countryside Act 1949.

The location and grading, where relevant, of all of the designations covered by this policy have been published in a “Nature Conservation” Supplementary Planning Guidance Note.

Refer to Policy: ENV4

ENV4 The protection of sites of local importance for nature conservation - Sites of Nature Conservation Value (SNCVs)

ENV4 The Protection of Sites of Local Importance for Nature Conservation -Sites of Nature Conservation Value (SNCVs)

In considering development proposals which may have an adverse effect upon a Site of Nature Conservation Value or other sites of local nature conservation importance, the Borough Council will weigh the reasons for the proposal against the local ecological and community value of the site and the need to maintain biodiversity. In evaluating proposals consideration will be given to :

i. The impact on the long term ecological viability of the habitat;

ii. The impact on the public’s enjoyment of the site;

iii. Measures taken to minimise damage and disturbance to the habitat and wildlife;

iv. The nature, layout and density of the development proposed.

Sites of Nature Conservation Value will be conserved where possible.

Where development is permitted, a balance will be struck between the needs of the development and the ecological interest of the site. Any damage to the ecological interest of the site will, as far as is possible, be kept to a minimum. Where appropriate this will require the provision of mitigation and/or compensatory measures which may be secured by conditions and/or planning obligations. 72 Ellesmere Port and Neston Borough Local Plan

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Reasons/Explanation

The Council conducted a Natural Asset Audit in 1996 across all of the Borough. This identified a number of SNCVs. These sites are considered to be of local ecological importance, but unlike SBIs, were also identified because of their social importance to the local community, including the ability for the community to access nature on their doorstep. The selection of these sites was justified on the grounds that these sites represent good examples of habitat within the Borough and/or that they support a wide range of important or protected species. The need to protect these areas and therefore uphold local biodiversity has been demonstrated by the results of the Audit which have shown that the Borough has very few wildlife sites of note.

A list and the location of the SNCVs will be published in the “Nature Conservation” Supplementary Planning Guidance Note.

Refer to policies : ENV3.

ENV5 Ecological interest

ENV5 Ecological Interest

Development proposals which are likely to have a direct or an indirect effect on a site of nature conservation interest or a protected species will be required to include details of the ecological interest on the site and as appropriate put forward measures for the safeguarding of that interest and where necessary measures of mitigation and compensation.

Reasons/Explanation

The conservation of natural features is a material consideration in determining a planning application. This policy enables the Local Planning Authority to determine an application in full knowledge of the ecological status of a site, including whether or not protected species are present. In order that a survey gives an accurate representation of a site it is important that the survey is carried out at the right time of the year. In the majority of cases, but not all, this will be in the Spring and Summer months.

Where a nature conservation interest, including a protected species, is likely to be affected by development, proposals for the protection and management of this interest (e.g. habitat creation) will be important considerations when determining a planning application.

It is the responsibility of the applicant to consider whether or not there is an ecological interest, including a protected species, on the site. However potential applicants might like to refer to existing information sources to aid this assessment. For example, the Borough Council has carried out a Natural Asset Survey of the Borough which might provide an indication of whether or not there is likely to be an ecological interest. Information might also be sought from Cheshire Wildlife Trust, Cheshire County Council and English Nature, the Environment Agency and local species group such as Bat groups.

The Council has prepared Supplementary Planning Guidance on Nature Conservation and the applicant is expected to have regard to this in appropriate cases.

Refer to policies: H5, GB5. Ellesmere Port and Neston Borough Local Plan 73

Natural and Built Environment

ENV6 Area of Special County Value for Landscape (ASCV)

The Dee Coastal area is defined as an Area of Special County Value for Landscape (ASCV) and is identified on the Proposal Map. Within this area:-

i. development which would adversely affect the special landscape character will not be allowed.

i. small-scale development required to meet the social and economic needs of rural communities and small scale outdoor sport and recreational development will be permitted, provided it is in accordance with Green Belt policies and it is sensitively related to the distinctive character of the landscape. Large scale development will not be permitted.

ii. the conservation and maintenance of features important to the landscape of the ASCV such as trees, hedges, copses, woodlands, ponds and traditional sandstone walls will be encouraged.

Where development is permitted it will be required to have a high standard of design, siting and landscaping reflecting the traditional character of buildings in the area and the landscape, using materials sympathetic to the local area. The conservation and enhancement of the landscape will be an important matter in the consideration of planning proposals.

Reasons/Explanation

The Dee Coastal area has long been established in the Cheshire Structure Plan as an Area of Special County Value for Landscape. This area is also washed over by the Green Belt. In considering applications for development in the ASCV, consideration should first be given to the relevant Green Belt policies and thereafter to the implications upon the landscape character under this policy.

The ASCV is defined to include the open countryside overlooking the Dee Estuary. This part of the Wirral coast is important in landscape terms for the views it affords out over the Dee Estuary and North Wales, and also for the views of the Wirral from across the Estuary. It is vital that development does not reduce or detract from the views out across the Dee Estuary. The ASCV includes areas around Burton which represent traditional rural Wirral landscape in terms of woodland, the pattern of fields and features such as sandstone walls.

Areas of Special County Value were first designated in the first Cheshire Structure Plan. The existing Structure Plan designates 15 such areas because of their landscape quality. These include 5 Upland Areas, 4 Valley Areas, and 5 Parkland Areas. Neston/Parkgate Coast is the only coastal ASCV in Cheshire. It is the responsibility of Local Plans to identify the detailed boundaries of the ASCVs. The Dee Coast ASCV was first defined in detail in the Ellesmere Port & Neston Local Plan which was adopted in 1993. The boundaries of this ASCV remain unchanged in this Local Plan.

The overriding aim of this policy is to preserve the existing landscape quality of the ASCV by protecting it from inappropriate development. It is recognised that there are a variety of existing land uses and that it may be necessary to allow certain small scale facilities to serve local social and economic needs and for the quiet enjoyment of the ASCV. These facilities should be small scale and be able to be assimilated into the landscape without damaging its character, visually and in terms of other impacts 74 Ellesmere Port and Neston Borough Local Plan

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e.g. noise. Such facilities may include those for appropriate small scale outdoor recreation, such as, footpaths, interpretation facilities, picnic sites etc. which are for the enjoyment of the ASCV for its landscape quality. Large scale development will not be acceptable.

Landscape and habitat features are an integral part of the quality of the landscape of the ASCV. These include trees, hedges, woodlands, ponds and traditional sandstone walls. Development proposals will be expected to conserve these features within the landscape. The planting of trees and hedges in association with development allowed in accordance with this Policy must be designed and sited so as to reflect the importance of the views out across the Dee Estuary from the ASCV.

Refer to Policies : GEN7, GEN8, GB2, ENV1, ENV7, ENV9, ENV12, REC7.

ENV7 Agricultural buildings and structures

ENV7 Agricultural Buildings and Structures

Where planning permission for agricultural buildings and structures is required, it will only be granted subject to meeting all of the following criteria:

i. The applicant is able to demonstrate that it is reasonably necessary for the agricultural operation of the unit,

ii. That the visual impact on the landscape is minimised through the appropriate use of materials and colour, appropriate siting and a suitable landscaping scheme.

Reasons/Explanation

This policy aims to protect the open countryside from the adverse impact of a proliferation of new agricultural buildings and structures. The policy restricts development to that which is shown to be reasonably necessary and ensures that development which is allowed has minimal visual impact.

In most cases the Borough Council will expect the submission of an agricultural appraisal with the planning application, demonstrating why the proposed development is needed. Acceptable reasons may include meeting new environmental or hygiene legislation, providing for animal welfare, or ensuring the long term economic viability of the business.

New agricultural developments should be of appropriate scale for the proposed use, be sensitively sited and achieve high standards of design and materials. New buildings should form part of a group rather than standing in isolation and should relate to existing buildings in size and colour.

Certain developments do not require planning permission but the farmer or other developer must apply to the local authority for determination as to whether prior approval will be required for certain details. Where the Borough Council considers that the proposal is likely to have a significant impact on its surroundings, it will require the formal submission of details for approval. The Borough Council is to prepare Supplementary Planning Guidance on the “Design of Agricultural Buildings”.

The Borough Council is concerned about the fragmentation of existing agricultural units into smaller parcels and leisure plots. Such fragmentation leads to increased buildings, structures and works which may have a detrimental impact on the open rural character of the Green Belt. In order to reduce this Ellesmere Port and Neston Borough Local Plan 75

Natural and Built Environment effect the Council may, in appropriate cases, use conditions and/or planning agreements to tie existing agricultural units to new buildings.

For the purpose of this policy, ‘agricultural unit’ refers only to those farms or parts of farms which are located within the Borough. This policy relates purely to agricultural buildings and structures such as barns and outhouses. It is not concerned with agricultural worker’s dwellings, which are controlled under policies GB2, GB3 and GB4. For development within the ASCV see policy ENV6.

Where planning permission is required for new buildings for agricultural contracting operations, it will only be granted subject to the buildings being located within or immediately adjacent to the existing group of buildings on the farm, it is of a scale appropriate to the size and operation of the farm, and criteria (ii) above.

Refer to policies: GB1, GB2, GB3, GB4, ENV6, ENV9

ENV8 Urban green network

ENV8 Urban Green Network

Open green areas that:

i. are valuable components of the urban landscape for their visual amenity and openness,

ii. contribute to the attractiveness, character and environmental quality of urban areas,

iii. are of value for nature conservation;

will be safeguarded from development that would be harmful to these qualities and characteristics.

Reasons/Explanation

Following a systematic survey of green spaces carried out by the Borough Council, the areas shown on the Proposals Map have been identified as making a positive contribution to the environment and character of the urban areas and urban fringe. The survey is described in the Borough Council’s document ‘Urban Green Network Method of Evaluation’. All identified sites are listed in an Appendix to this Plan together with the scores each achieved against the evaluation criteria.

The identified sites are valuable for a number of reasons, such as providing greenspace for the town’s population; providing sites for nature conservation; the enhancement of the urban landscape; recreation and environmental education. They are the town’s green lungs. They add to the quality of life of the Borough’s residents and have the potential to make a positive contribution to the quality of life of future generations. For these reasons the green spaces identified need to be protected from development that would detract from the characteristics for which they have been identified..

The Urban Green Network includes areas to which the public have access such as Rivacre Valley, public playing fields and parks as well as areas to which access is more restricted such as school playing fields and private sports clubs. 76 Ellesmere Port and Neston Borough Local Plan

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Measures such as tree planting and changes in management regimes that will enhance the amenity and nature conservation potential of sites within the green network will be carried out under the Mersey Forest initiative. Further sites will be planted through the Mersey Forest during the Plan period.

The Policy covers a number of green spaces containing playing fields and other recreational facilities. These sites will also be subject to Policy REC1. Proposals for development on sites with nature conservation value will be subject to the requirements set out in Policy ENV4. Some sites, for example Booston Wood, contain pipelines.

Refer to Policies: REC1, REC4, ENV4, ENV9.

ENV9 Landscape and habitat features

ENV9 Landscape and Habitat Features

Development proposals which involve the felling of trees or woodlands, the removal of hedges or sandstone walls, the loss of ponds or wetlands, or the culverting of watercourses, which make a significant contribution to the rural or urban environment will not be allowed unless it can be shown that the proposal can:

i. minimise the removal of landscape/habitat features;

ii. provide adequate compensation measures for the loss of landscape/habitat features.

New development should, where appropriate, enhance significant landscape and habitat features on the site. Where necessary this may include a requirement to provide a “buffer zone” of a scale and nature appropriate to the interest of the feature to be protected.

Reasons/Explanation

Trees, woodlands and hedgerow trees are important features of the Borough’s landscape as well as being important natural habitats for wildlife. It is considered especially important that tree species native to Cheshire are planted and protected where appropriate since they support local flora and fauna when sensitively managed. Native trees will generally be required to be planted at development sites even if the development does not involve the loss of existing trees.

Existing trees should be protected during building operations by stout fencing following the edge of the crown in order to prevent accidental damage to trees by contractors’ plant and equipment. New development, especially housing, should not be located close to existing trees and space should be allowed for future growth and the setting of the development. Trees should be incorporated into the design of any new development. Where existing trees are to be retained in new private gardens, compensatory usable amenity space should be provided.

Many trees and woodlands in the Borough are protected by Tree Preservation Orders, prohibiting the felling, lopping or topping of trees without the consent of the Borough Council, or byother designationssuch as management agreements. Further Preservation Orders will be made by the Council during the Plan period where it is considered expedient for their protection in terms of their amenity value. Ellesmere Port and Neston Borough Local Plan 77

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Hedgerows along field boundaries, alongside footpaths and around buildings should be maintained wherever possible because they provide valuable habitats and links for wildlife. Where this is not possible, the value of the hedge as both an amenity for the development and as a wildlife habitat should be replicated, if not supplemented, by the design of the site landscaping. The Hedgerow Regulations, which came into force on 1st June 1997, now give the Borough Council control over the removal of certain important hedgerows in order to give them a greater level of protection from destruction.

Sandstone walls are characteristic of the local area and should be retained wherever possible.

Streams, rivers and canals may be important wildlife corridors. The Borough Council will seek to protect their wildlife habitats wherever practicable. Ponds and wetlands are also important for wildlife and can be attractive landscape features and/or flood mitigation areas. For safety reasons, care should be taken in the design of ponds within housing estates by the shelving and planting of pond margins, for example.

To maintain the function of features like streams and canals as wildlife corridors it is important to protect the banks around them as a buffer area to maintain linkages between wildlife sites. Land surrounding pond or wetland systems may perform an important wildlife function and should be retained as part of the pond system. Buffer areas will also perform a function preventing the squeeze of the landscape/habitat feature.

The Borough Council conducted a Natural Asset Audit in 1996 which identified four Strategic Wildlife Areas. These are the areas around Burton, Rivacre Valley, The Shropshire Union Canal and along the Wirral Way. The Areas comprise of SBIs, SNCVs and areas currently of lesser wildlife value, which together form larger areas of wildlife interest. To avoid severely damaging the integrity of the Strategic Wildlife Areas (SWAs), the removal of landscape and habitat features in these areas should be given special consideration. The boundaries and locations of SWAs are published in a Nature Conservation Supplementary Planning Guidance Note.

Specific guidance on tree planting as part of the Mersey Forest and the Shropshire Union Canal/M53 Motorway Corridor Policy are given in Policies ENV10 and ENV11 respectively.

It is the responsibility of the applicant to consider the impact of their proposals on landscape and habitat features. However potential applicants might like to refer to existing information sources to aid this assessment. For example the Borough Council has carried out a Natural Asset Survey of the Borough which might provide some background information. In addition the Borough Council holds records of Tree Preservation Orders in the Borough. Information might also be sought from Cheshire Wildlife Trust, Cheshire County Council, English Nature, the Environment Agency and local species groups.

Refer to Policies: ENV4, ENV5, ENV8, ENV10, ENV11. 78 Ellesmere Port and Neston Borough Local Plan

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ENV10 The Mersey Forest

Within the area of the Mersey Forest, the Borough Council will negotiate with developers to secure a contribution to the development of the Mersey Forest. This contribution will:

i. be appropriate to the nature and scale of the proposed development, and

ii. provide for a high quality tree planting scheme on site.

Where all or part of the tree planting scheme cannot be secured on site, then some of the planting may take place off-site provided that it assists the development of the Mersey Forest in the locality of the site.

Where the planting cannot be achieved, the Borough Council will negotiate to secure the development of facilities for informal recreation of for the enhancement of nature conservation in the locality of the site in association with the development of the Mersey Forest.

Small scale ancillary development integral to the development of the Mersey Forest will be supported.

Reasons/Explanation

The Borough Council is a major partner in the project to establish a community forest on the edge of the Merseyside conurbation and part of the defined Mersey Forest falls within the Local Plan area. The Forest area, as defined in the Mersey Forest Plan, and identified on the Local Plan Proposals Map, covers most of the Borough, east of the Hooton-Chester railway line. The Mersey Forest Plan is a material issue in the consideration of planning applications.

The Mersey Forest is the largest community forest established in England and Wales. It is a joint partnership of nine local authorities together with the Countryside Agency and the Forestry Commission. It was established in 1990 and a strategy plan, The Mersey Forest Plan was approved in 1994. A Countryside Commission policy statement “Community Forests and the Town and Country Planning System” provides a context for the drawing up land use policies for community forests.

The development of the Mersey Forest does not involve the creation of a continuous forest, but rather a network of linked woodlands, tree planted areas and other valuable wildlife habitats. The project aims to provide a better setting for employment and housing, create new amenities and landscapes for local people to enjoy, improve derelict and neglected land, improve the image of the Mersey area and thereby boost inward investment. The Borough Council has over recent years played a leading role in the establishment of the Mersey Forest locally through the acquisition of land, planting and management of new and improved woodland, the attraction of significant private and public sector investment and the making available of grants to private landowners. This role is expected to continue during the Plan period.

New developments can contribute to the establishment of the Mersey Forest in a number of ways. Essentially the Borough Council will be expecting schemes to include a high level of tree planting and landscaping, but there may also be opportunities for the development of recreational links, the establishment of nature conservation areas or in some cases the potential to create new multi- purpose Ellesmere Port and Neston Borough Local Plan 79

Natural and Built Environment woodlands. Householder applications will not be expected to contribute towards the Mersey Forest. In certain circumstances, where it is impossible to provide such a scheme on-site, tree planting works off site will be required where there is a clear relationship between such works and the development. Planning Obligations will be used to control such off-site schemes. The Borough Council will be expecting cost effective schemes and a high quality does not necessarily mean high cost. Tree planting schemes can be designed so as to minimise initial and maintenance costs and grants may be available from a number of sources for such schemes. Further information on grants and design can be obtained from the Borough Council or the Mersey Forest team (Tel 01925 816217)

Planning permission for unacceptable development will not be granted simply because applicants are prepared to plant trees or otherwise assist the development of the Mersey Forest.

Refer to policies: ENV9, ENV11, REC7.

ENV11 M53/Shropshire Union Canal Corridor

Within the area of the M53/Shropshire Union Canal Corridor development proposals will be required to make a positive contribution to the visual appearance of the corridor. High standards of building design, materials, external appearance, layout, and landscaping will be required. Development proposals which do not secure a positive net environmental improvement will not be permitted.

Reasons/Explanation

The Borough Council is seeking to upgrade the visual appearance of the M53/Shropshire Union Canal Corridor as a key element of the development of the Mersey Forest in Ellesmere Port. The industrial history of this particular area has lead to a concentration of derelict and neglected land, run-down sites, the proliferation of unsightly uses, and an overall negative visual impression within an area extremely prominent from the M53, the Shropshire Union Canal and the Ellesmere Port-Chester railway line. The environmental upgrading of the Corridor will help to provide more attractive landscapes and recreation amenities for local residents, create a better image and thereby attract investment into the town including new employment, and increased numbers of visitors to the Boat Museum and Cheshire Oaks. Improvement of the image of the corridor may also be achieved through increased recreational and tourism activities within the corridor.

It is important that the upgrading respects the many valuable features of the industrial history of the area, especially those associated with the Shropshire Union Canal.

In some exceptional cases, the existence of underground services or other constraints may restrict the levels of tree planting and landscaping which can be provided on a particular site. In these cases, developers will be expected to contribute financially towards the establishment of tree planting on a site elsewhere within the Corridor. The planting of shrubs and the creation of meadowlands may also be appropriate in certain cases.

The Corridor contains some important commercial activities and some of these such as dock operations are quite prominent. Certain developments, by their nature, will not be acceptable within the Corridor in their traditional form since they would have a serious detrimental impact on the visual appearance of the area. Such uses include scrap metal dealers and outdoor car dismantlers. These type of uses would expect to be located within the Stanlow Special Policy Area. (See Policy EMP2). 80 Ellesmere Port and Neston Borough Local Plan

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Where new development takes place, there is a need to secure the removal of unsightly buildings and structures from development sites as part of overall environmental improvement.

Refer to Policies: ENV9, ENV10, ENV12, HAZ3.

ENV12 Coastal zones

ENV12 Coastal Zones

Development within the Dee and Mersey Coastal Zones will only be permitted where the need for development to be sited within a Coastal Zone outweighs the possible adverse effect on the open and built landscape, wildlife habitats and recreational opportunities and general environmental quality of the Coastal Zone.

Part of the Dee and Mersey Coastal Zones lie within the Green Belt. Part of the Dee Coastal Zone is also within the Area of Special County Value for Landscape. In these areas, development will only be allowed where it accords with the relevant ASCV and Green Belt Policies.

Reasons/Explanation

Planning Policy Guidance Note 20 “Coastal Planning” advises that Local Planning Authorities should establish a coastal zone that sets out the planning framework for coastal planning and management. This policy sets this framework and defines areas of both estuaries, which have strong natural, historical and recreational associations with the coast. It does not override existing policies which apply within the coastal zones e.g. Green Belt, but rather gives existing local plan policies a coastal context.

Within the Dee Coastal Zone undeveloped areas are protected by policies on the Green Belt and the Area of Special County Value for Landscape (ENV6). In these circumstances, the policy with the greater environmental protection and safeguards will apply. The defined Mersey Coastal Zone land area excludes those areas which would be expected to be subject to development pressure.

In both coastal zones there is a need to protect the designated internationally important nature conservation areas under policy ENV1. There may also be opportunities to improve public access (REC7) and for the conservation and enhancement of the coast. The Mersey Forest Plan which covers part of the Mersey Estuary Coastal Zone is a material consideration. The Mersey Coastal Zone includes existing coastal related activities such as the Manchester Ship Canal, docks and associated facilities which are of economic importance to the Borough.

In the Coastal Zone development should be mainly accommodated in existing developed areas. In this respect development should particularly take account of the need to conserve or enhance the Parkgate Conservation Area and Ellesmere Port Docks which both have strong historical associations with the coast.

The Borough Council has supported and participated in the preparation of the Dee Estuary Strategy and the Mersey Estuary Management Plan which are both advisory management plans aiming to improve the strategic planning and management of both estuaries.

Refer to Policies: GB1, GB2, GB3, GB4, GB5, ENV1, ENV2, ENV3, ENV4, ENV5, ENV6, ENV10, ENV11, REC7. Ellesmere Port and Neston Borough Local Plan 81

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ENV13 Development in conservation areas

ENV13 Development in Conservation Areas

Developments within or affecting the setting of Conservation Areas should preserve or enhance the character and appearance of the particular Conservation Area. Consent for the demolition of buildings which make a positive contribution to the character and appearance of the Conservation Area will not be granted other than in exceptional circumstances. Should in these exceptional circumstances consent be given for demolition, it will be conditional on the existence of an approved scheme for redevelopment and a contract for carrying out such works of redevelopment.

Development or applications for Advertisement Consent which are likely to have a detrimental impact on the Conservation Area, the setting of a Conservation Area, or significant views into and out of a Conservation Area will be refused. This includes:

i. Developments which are inappropriate to the immediate surroundings and character of the Conservation Area by virtue of unsympathetic scale, design and materials, inappropriate traffic generation or car parking arrangements or inappropriate landscaping,

ii. The unsympathetic design, scale and use of materials involved in the alteration of the facades of shops and commercial premises.

iii. The display of advertisements which are of unsympathetic design and materials,

All applications for development within Conservation Areas must include detailed information about the siting and design of buildings and show the proposal in the context of its surroundings.

Reasons/Explanation

Conservation Areas are designated because of the special architectural or historical character of the buildings and their settings. The following Conservation Areas are designated currently within the Plan Area and are shown on the Proposals Map: Burton, Ellesmere Port Docks, Ince, Ness, Neston, Parkgate, Puddington (part of) and Willaston.

The Borough Council’s objective is to seek the preservation and enhancement of the character and appearance of Conservation Areas. Proposals will be expected to preserve features which make a positive contribution to the special character of the Conservation Area, and enhance features which do not make a positive contribution. For proposals involving redevelopment or change of use of existing buildings, this will mean that development to a higher standard (including design, materials, density and scale) than the original building may be required.

Certain types of small scale development, such as satellite dishes and some forms of advertisements, are beyond the control of the Borough Council but development should still have regard to the special character of the Conservation Area.

Listed Buildings in Conservation Areas are also covered by Policy ENV15. Locally listed buildings of architectural or historical interest in Conservation Areas are also covered by Policy ENV16. 82 Ellesmere Port and Neston Borough Local Plan

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Puddington and Ince Conservation Areas lie within the Green Belt and most of Burton Conservation Area lies within both the Green Belt and the ASCV. More stringent restrictions on development apply in these areas.

In order to fulfil its obligations, the Borough Council will prepare character assessments for existing and any proposed Conservation Areas. The Borough Council will consider the use of Article 4 Directions in order to protect the character of Conservation Areas.

The Borough Council will periodically review the conservation areas within its boundaries and consider whether further designation of conservation areas is called for. Furthermore, the authority will formulate and publish, character appraisals leading to the proposals for the preservation and enhancement of conservation areas. Before being implemented, such proposals will be submitted to a public meeting in the area following wider consultation.

Refer to Policies: GEN7, GEN8, ENV14, ENV15, ENV16, SHOP6.

ENV14 Parkgate conservation area

ENV14 Parkgate Conservation Area

Within the Parkgate Conservation Area, development proposals will be expected to preserve or enhance the special character of the Conservation Area. Where appropriate, development proposals should reflect the need to:

i. Improve the streetscape of The Parade and adjoining roads;

ii. Upgrade buildings in a poor state of repair;

iii. Improve facilities for pedestrians and cyclists;

iv. Reduce the detrimental impact of vehicular traffic and car parking.

Reasons/Explanation

Parkgate Conservation Area has a unique character in the Borough and in Cheshire. It is attractive to tourists and has the atmosphere of a seaside resort with no sea and a port with no ships. It has excellent open views across the Dee Estuary to the Welsh coast and is particularly impressive at exceptionally high tides.

There are however a number of concerns which limit the attractiveness of Parkgate as a Conservation Area. These relate principally to the detrimental effects of vehicular traffic including car parking, the deteriorating state of some of the buildings within the Conservation Area and the fact that some of the buildings in prominent positions have remained vacant. A number of the plots within the Conservation Area are awkwardly shaped as a result of the historic pattern of development.

The Borough Council wishes to see an improvement in the traffic situation in Parkgate and see the provision of better facilities for cyclists and pedestrians. The Parade is a popular area for cyclists and walkers and lies on the route of the Dee Coastal Path. The Wirral Way also runs close to the Conservation Area. Ellesmere Port and Neston Borough Local Plan 83

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Opportunities will be taken to protect and enhance the buildings within the Conservation Area. It is important that the historic pattern of development in the Conservation Area is maintained wherever possible and development proposals should reflect this aim where appropriate.

Refer to policies: ENV13, ENV15, ENV16, REC7, TRANS4.

ENV15 Conservation of listed buildings and their settings

ENV15 Conservation of Listed Buildings and their settings

Listed buildings will be preserved wherever possible from decay, destruction or damage, and enhanced where appropriate . This means that:

i. Consent will not be granted for the total or substantial demolition of a listed building other than in the most exceptional circumstances, and only when the Borough Council is satisfied that every effort has been made to continue the present use or find a suitable alternative use and such efforts have failed. The grant of consent for demolition will be conditional on the existence of an approved scheme for redevelopment and a contract for the carrying out of such redevelopment works.

ii. Changes of use and/or physical additions or alterations to a listed building will not be permitted where they would have a detrimental impact on the building’s architectural or historical character or appearance or special interest.

iii. Changes of use may be considered favourably if the continuation of the original use is impracticable, and a new use is needed to ensure that the building survives in the long term or if the original use has ceased, and the proposed change of use would be in keeping with the original architectural and historic character of the building.

iv. The setting of listed buildings will be conserved from decay, destruction or damage and enhanced where possible. Proposals for the development and use of land within the setting of a listed building will be carefully considered in terms of its siting, mass, layout, materials and design and the preservation of trees and landscape features.

Reasons/Explanation

Statutorily listed buildings are contained on lists compiled by the Secretary of State for Culture, Media and Sport as buildings of special architectural or historic interest. They are recognised nationally as being important elements of the Country’s heritage, and their protection is embodied in the Planning (Listed Buildings and Conservation Areas) Act 1990.

Government planning guidance stresses that listed buildings are irreplaceable assets and that their total or substantial demolition should be strongly resisted. Consent will not be given for the total or partial demolition of any listed building unless applicants can provide the Borough Council with convincing and clear documented evidence that all reasonable means have been exhausted to seek a new permanent use for the building, that it is not possible or suitable for the building to be in some form of charitable or community ownership, or, that the loss resulting from demolition would be heavily outweighed by the substantial benefits for the community created by redevelopment. 84 Ellesmere Port and Neston Borough Local Plan

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The best use for any historic building is the use for which it was originally intended, although sympathetic alternative uses may sometimes be the only viable means of ensuring repair and active use. Indeed a new use can be the key to the preservation of a building. In determining applications for the change of use of listed buildings the Borough Council require proposals to be a viable use that is compatible with the building’s historic fabric, interior and setting.

Proposed alterations or extensions of a listed building or within its curtilage, should respect the setting, form, mass, scale, design detail, material and traditional colour schemes of the original building in terms of its architectural or historic character.

Development proposals within the setting of Listed Buildings will also be carefully controlled in terms of their siting, mass, layout, materials and design, together with the preservation of trees and complementary landscape features in order to ensure that the character and setting of listed buildings is properly and sensitively conserved. Advice as to the meaning of the setting of a listed building is set out in paragraph 2.17 of Planning Policy Guidance Note 15 (Planning and the Historic Environment).

When considering proposals for Listed Buildings, the Borough Council will also bear in mind that often such buildings might be important habitats for such protected species as bats and barn owls, and that policy ENV5 might be applicable.

Refer to Policies: ENV5, ENV16

ENV16 Non listed buildings and structures of architectural and historic interest

ENV16 Non Listed Buildings and Structures of Architectural and Historic Interest

Some buildings and structures within the Borough, whilst not of national listed building status, are valued either for their contribution to the local scene or as good examples of local architectural styles or for their historical association. Development proposals involving such buildings and structures will only be allowed if the Borough Council is satisfied that the architectural and historic character is conserved and demolition and damage is avoided.

Reasons/Explanation

Many buildings and structures which do not qualify for national listed building status are worthy of protection because of their local historical or architectural interest and because of their contribution to the local scene. They will be included on a Local List produced by the Borough Council. The list will form Supplementary Planning Guidance and will be a material consideration in dealing with relevant planning applications with priority given to the conservation and enhancement of locally important buildings and structures. Both individual and groups of buildings and structures will be included on the List which will be updated, as and when appropriate, by the Borough Council. Ellesmere Port and Neston Borough Local Plan 85

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ENV17 Sites of special archaeological interest

ENV17 Sites of Special Archaeological Interest

Proposals for development which would adversely affect the site or setting of a Scheduled Ancient Monuments or other monument of national importance will be refused.

The Borough Council will seek to protect non-scheduled sites of Archaeological Importance and their settings. Proposals affecting these and other sites of suspected archaeological interest must be accompanied with an archaeological assessment. This will determine the nature, extent and significance of the remains and the effect that the proposed development would have on them.

Where planning permission is granted for development affecting a site of Archaeological Importance, the permission will, depending on the importance of the site and opportunities for preservation, be subject to conditions or a legal agreement to ensure the in-situ preservation of the remains. If in-situ preservation is not justified, then a programme of excavation and recording of remains must be agreed.

Reasons/Explanation

Scheduled Ancient Monuments are designated by the Secretary of State for Culture, Media and Sport, on the advice of English Heritage, as being of sufficient national importance to merit statutory protection. The following are sites which are currently on the list of Scheduled Ancient Monuments in the Borough and are identified on the Proposals Map: i. Earthwork at Burton Point ii. St Andrew’s medieval hospital and limekiln, Denhall iii. Stanlow Abbey iv. Ince Manor monastic grange and fishpond v. Roman Signal Station, Ince vi. Icehouse Burton Manor

Sites i, ii, iv and v are in the Green Belt - any proposals for development will also be considered against Green Belt policies. Site ii is also in the ASCV, (see policy ENV6). The Borough Council will ensure that these archaeological sites are physically preserved in situ and where appropriate are enhanced.

Sites which are not scheduled but are recognised as being of Archaeological Importance are recorded in the County Sites and Monuments Record, which is updated by the County Council as further sites and objects are discovered. It is recognised that such archaeological remains are an important resource which once destroyed are irreplaceable. For this reason it is necessary to obtain detailed information about the extent, nature and significance of a site, and the impact of proposed development on it, prior to any decision being made. This information will be acquired through existing records and an archaeological assessment, which will be required as part of the planning application. 86 Ellesmere Port and Neston Borough Local Plan

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Where development affecting an archaeological site is permitted, the preferred option is to preserve the remains in situ. This can be achieved through careful design and mitigation measures. Where preservation in situ is not justified, and development results in the destruction or partial destruction of the remains, the developer must ensure that satisfactory provision is made for excavation and recording of the remains. This must be carried out prior to the commencement of development. The Borough Council will use planning conditions and legal agreements to ensure that these activities are carried out.

Refer to Policies: ENV6, ENV12, ENV13 Ellesmere Port and Neston Borough Local Plan 87

Hazard and Pollution

Introduction

Businesses which store or handle hazardous substances above government-specified levels are defined as ‘hazardous installations’. Substances held may be explosive, toxic or radioactive. Ellesmere Port and Neston Borough contains an unusually large number of hazardous installations with at least a third of the land area of the Borough, including a large part of Ellesmere Port town, being classified by the Health and Safety Executive (HSE) as being within the vicinity of a hazardous installation.

The HSE specifies distances around the hazardous installations in or adjoining the Borough within which it wishes to be consulted on planning applications. These are known as Consultation Zones and are liable to change from time to time as operational procedures within industrial plants change or as the amounts of a particular substance held alter. Details of the current Consultation Zones can be obtained from the Borough Council.

The major hazardous installations affecting the Borough are Shell, Associated Octel, BNFL at Capenhurst, Calor Gas and the Sutton Hall Treatment Works. On the western side of the Borough there is a very small hazardous installation at Clayhill, Neston. There are also a number of high pressure gas pipelines running through the district which require consultation with the HSE and other bodies should development be proposed near them. Details of these lines are set out in Supplementary Planning Guidance.

Ellesmere Port and Neston Borough Council is the hazardous substances authority for the district. Accordingly, all applications for Hazardous Substances Consent should be made to the Borough Council.

The Cheshire 2011 Structure Plan states that Local Plan policies should indicate the types of development that may be allowed around hazardous installations. Local Plans should also show how the balance between hazard risk and meeting the need of existing communities will be achieved.

Aims

The long term aim of the Borough Council is to find ways of reducing the levels of risk experienced by the general public which are mutually acceptable to both industry and the community. However, the unusual concentration of hazardous installations in the Borough has to be recognised together with the important part which these industries play in the local economy. The Local Plan, therefore, seeks generally to avoid increasing the numbers of the public at risk, but recognises the need to balance this desire against the need for investment and regeneration within the existing built-up area.

The Guiding Principle of the Local Plan indicates that such a balance needs to be struck in order to meet the following aims:

To protect residents, employees and visitors from increased risk; To minimise the amount of land constrained by hazardous installations; To protect and enhance the local economy; To protect areas within consultation zones from blight.

The inclusion of policies covering the use of contaminated land and potentially polluting development is also intended to protect the quality of life of people in the Borough. 88 Ellesmere Port and Neston Borough Local Plan

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HAZ1 New or extended hazardous installations

HAZ1 New or Extended Hazardous Installations

Hazardous substances consent or development which either creates new hazardous installations or extends existing hazardous installations will only be permitted if it does not, in the opinion of the Borough Council:-

i. Create or increase risk to the general public to threshold levels outside the boundaries of the site, or

ii. Prejudice the implementation of the policies of this or any other local plan by placing constraints on allocated land.

Reasons/Explanation

The purpose of this policy is to control the development of hazardous installations to avoid increasing (and where possible to decrease) the number of people at risk from hazardous installations and to avoid the intentions of local plans being frustrated by the creation of new risks which may then preclude the development of land allocated in the plans.

The Borough Council is required to consult the HSE on planning applications which involve either the creation of hazardous installations or development in the vicinity of existing installations which is likely to increase the number of people at risk. “Threshold levels of risk” are those which are sufficient for the HSE to advise against the development concerned being granted planning permission.

If the opportunity arises the Borough Council will welcome the relocation of hazardous installations away from centres of population. Not only would this lessen the risk of accident to the general public but also reduce the problems of potential blight. Such relocations will only be acceptable if they do not create new problems or an accumulation of installations which amounts to a greater hazard than previously existed in the area.

Since the implementation of the Planning (Hazardous Substances) Act 1990 hazardous substances consent has been required where a hazardous substance is present at or above a specified amount. The substances and their 'controlled quantities' are specified in the Planning (Hazardous Substances) Regulations 1992. This new provision allows the local planning authority to control the location of new proposals for hazardous installations even when no other development requiring planning permission is to take place.

Refer to Policy: HAZ2. Ellesmere Port and Neston Borough Local Plan 89

Hazard and Pollution

HAZ2 Development in the vicinity of hazardous installations

HAZ2 Development in the Vicinity of Hazardous Installations

Permission will not be given for development in the vicinity of:

i. Hazardous installations, or

ii. Proposed new installations for which planning permission or hazardous substances consent has been given

if, in the opinion of the Borough Council, these would result in a significant increase in the numbers of the public being subjected to threshold levels of risk. Exceptions to this policy may be considered in existing built-up areas or where there is an existing commitment to development, in order to achieve a balance between the need for investment and regeneration within the existing urban areas and the degree of risk involved.

Reasons/Explanation

The circumstances of Ellesmere Port are unusual in having a large chemical complex right on the edge of the town. In determining how to balance the consequences of preventing development in the built-up area against the benefits of development, the Borough Council will take into account a number of factors.

The Borough Council is required to consult with the Health and Safety Executive (HSE) when development is proposed within the Consultation Zones around hazardous installations. Consultation Zones are prescribed by the HSE according to the processes that are carried out and the substances that are stored within each plant. Currently about half of the town of Ellesmere Port is included in a Consultation Zone.

The Local Planning Authority has to bear in mind that within this zone persistent refusals of planning permission because of the proximity to hazardous installations may lead to blight, a consequent lack of investment and a downward spiral of decay. To prevent this a more flexible approach to development within the vicinity of hazardous installations has been adopted balancing the need for investment and regeneration within the zones against the degree of risk involved.

The Borough Council will normally prevent development near to hazardous installations which would put members of the public at threshold levels of risk. However, if, under the exceptional circumstances outlined above, development in the vicinity of hazardous installations is permitted, the Borough Council will require that all practicable measures be taken to mitigate risks by, for example, careful building design and the preparation of emergency procedures.

The Health and Safety Executive publish hazard consultation zones around each of the hazardous installations in the Borough. Most of these installations are associated with specific industrial process to the west of the town, most notably Shell and Associated Octel, although zones also exist around other installations such as Sutton Hall Water Treatment Works in Great Sutton. These zones are based upon an assessment of the degree of risk at each installation. Their extent is influenced by a number of factors including the nature and levels of the hazardous substance permitted at the site and the process involved. Since these hazard consultation zones are likely to change during the Plan period, 90 Ellesmere Port and Neston Borough Local Plan

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the Borough Council does not consider it to be appropriate to show them on the Proposals Map. However, the Council will show them in Supplementary Planning Guidance.

Refer to Policy: HAZ1

HAZ3 Potentially polluting development

HAZ3 Potentially Polluting Development

Industrial development that is potentially polluting will be permitted within the Stanlow Special Policy Area (as defined on the Proposals’ Map under EMP2), and elsewhere only extensions to existing industrial development that is potentially polluting will be permitted, both subject to the following criteria:

i. That such development is not adjacent to residential or other land uses that may be sensitive to potentially polluting uses,

ii. That any adverse impact on the environment and on the amenity of local residents and other persons is minimised

iii. That the best available techniques not entailing excessive cost are implemented to minimise the risk and effects of any potentially harmful emissions.

Applications to re-locate existing potentially polluting plant currently existing within the Borough to less sensitive locations will be considered favourably, subject to the criteria above.

Reasons/Explanation

The protection of the environment is an important function of the planning system. It is the intention of the policies set out in this Local Plan to avoid pollution of the air, water or land throughout the district by determining the location of potentially polluting development. It is however recognised that some industries and processes are potentially more polluting than others and that several of these already exist in the Borough. Potentially polluting industrial processes are regulated by Her Majesty’s Inspectorate of Pollution. It is not the intention of this policy to duplicate or override the pollution control functions of this body.

PPG23 on Planning and Pollution Control quotes the Environmental Protection Act 1990 in defining pollution of the environment. It is “due to the release (into any environmental medium) from any process of substances which are capable of causing harm to man or any other living organisms supported by the environment”. In the case of man, “harm” includes offence caused to any of his senses or harm to his property, so this covers offensive smells. The PPG stresses, however, that it does not address the indirect consequences of development, such as pollution that might arise from increases in road traffic.

To refuse all applications for uses which have the potential to pollute may cause decline and blight in industrial areas with serious consequences for the local economy. The strategy of this Local Plan is to contain potentially polluting uses in areas where, should there be emissions of harmful substances, these will be less likely because of their distance from centres of population to cause demonstrable harm to either man or his environment. Development in the vicinity of these areas will also be restricted in order to minimise any risk to health. It is not possible to define exact distances from residential and Ellesmere Port and Neston Borough Local Plan 91

Hazard and Pollution other existing development within which development will not be permitted as these will vary according to the scale and type of proposal and its potential neighbours. Other land uses sensitive to potentially polluting uses might include schools, children’s nurseries etc. In considering planning applications for potentially polluting development the Local Planning Authority will take advice from the Environmental Health Department and the Environment Agency wherever relevant and may require applicants to produce an Environmental Assessment. Reference should be made to Circular 2/99 (Environment Impact Assessment) and the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999.

The Pollution, Prevention and Control (England) Regulations 1999 discharges the functions of Part A(1) installations to the Environment Agency and Part A(2) and Part B installations to the Local Authority in whose area the installation is situated. Each enforcing body is responsible for the purpose of achieving a high level of protection of the environment taken as a whole by, in particular, preventing or, where that is not practicable, reducing emissions into the air, water and land from the installation. In the case of Part B installations this shall relate to the reduction of emissions to air only.

Policy HAZ3 has specific relevance to developments within the Stanlow Special Policy Area (Policy EMP2) and on Ince Marshes (Policy EMP4).

Refer to Policies: EMP2, ENV1, ENV2, ENV10, ENV11, HAZ1, HAZ2.

HAZ4 Contaminated land

HAZ4 Contaminated Land

Before determining any planning applications for development on or adjacent to land which the Borough Council knows or suspects to be contaminated the applicant will be required to submit a site investigation report to enable an assessment of the type and degree of any contamination.

Where the degree of contamination is significant the planning application will not be decided until detailed remedial measures that will render the application site safe for the proposed development and the surrounding environment are agreed with the Borough Council.

On sites where the contamination is shown to be less severe planning permission may be granted subject to the condition that the specific remedial measures identified as part of the site investigation are carried out before the development is completed.

Reasons/Explanation

The Borough contains a number of sites which are known to be, or which may be, contaminated. If practicable, the re-use of such land can reduce the pressure on greenfield sites and is therefore to be encouraged, subject to it not presenting a risk to either health and safety or the surrounding environment. It will be a requirement of any approval to develop contaminated land that waste removed from a site is taken to an approved and controlled tip.

In appropriate cases the Borough Council will use Planning Obligations to monitor and deal with contamination. 92 Ellesmere Port and Neston Borough Local Plan

Recreation and Tourism

Introduction

The Council is keen to see a better and wider range of recreation and tourism facilities for the benefit of residents and in order to attract more visitors. Increased tourism will help diversify the local economy, create jobs, attract private investment and assist in urban regeneration. The provision of opportunities for recreation is an important factor contributing to quality of life.

The increasing importance of environmental and sustainability issues has led to more emphasis being given to the protection and enhancement of recreation facilities. Outdoor sports fields, play areas and other open space often have value, or potential value, not only for recreational pursuits but also as wildlife habitats and for educational, social or aesthetic reasons. The provision of a variety of recreational facilities within easy reach of homes and served by public transport can encourage people to make fewer journeys by car and also to contribute to the better health and well-being of residents.

Many of the recreation policies of the Local Plan have been drawn up in the light of quantitative and qualitative assessments of recreational open space in the urban areas of the District. The assessments have revealed a shortfall not only in quantity but also in the quality of facilities. The policies are intended to protect and enhance existing provision and to identify areas and strategies by which new provision may be made. A further policy in the Environment chapter (ENV8) protects urban green spaces for their other, non-recreational value. Details of the recreation survey and its findings are contained in the Supplementary Planning Guidance note ‘Recreation Land’.

The recreation policies reflect national planning policy guidance on Sport and Recreation (PPG17) which recognises the great importance of retaining recreational and amenity open space in urban areas. Such open spaces not only provide areas for leisure activities to take place, but also contribute to the quality of urban life, whether or not there is public access to them.

Policies on tourism aim to facilitate new tourist development. The policies recognise the benefits that tourism can bring but also aim to prevent inappropriate development which could have an adverse impact on the locality and lives of local residents. Existing tourist facilities, which include the Boat Museum, Ness Gardens and Parkgate village are protected by various policies throughout the Plan. Further development of these attractions will be facilitated where such development is achievable in accordance with the other policies of the Local Plan, including, where appropriate, those concerned with the Green Belt.

PPG 20 on Coastal Planning encourages public access to the coast unless this would be damaging to nature conservation. Access to the Dee Estuary coastline is good but there are very few points where it is possible to get close to either the Manchester Ship Canal or the Mersey Estuary. Initiatives to improve this will be explored during the Plan period.

Aims

The aims of the policies in the Recreation & Tourism chapter are:

To protect and enhance existing recreation facilities in the Borough, To encourage the provision of new recreation facilities, particularly in locations and for groups of people where a shortage is identified, To encourage tourism in the Borough whilst ensuring that such visits and developments do not cause harm to the environment or undue disruption to residents. Ellesmere Port and Neston Borough Local Plan 93

Recreation and Tourism

These aims contribute to the Guiding Principle by maintaining and improving opportunities for recreation and leisure activities in the Borough thereby improving the health and well-being of residents, by enhancing the image of the Borough and therefore helping towards regeneration and by encouraging less use of the car. 94 Ellesmere Port and Neston Borough Local Plan

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REC1 Protection of sports fields, play areas and parks

REC1 Protection of Sports Fields, Play Areas and Parks.

Development which would result in the loss of sports fields, play areas and other recreational open space will not be permitted except where such facilities:

i. can be appropriately replaced within the locality, are conveniently accessible on foot, cycle or public transport and serve a similar catchment area; or

ii. are surplus to the recreational open space needs of the area: or

iii. can best be retained and enhanced through the redevelopment of a small part of the site.

Recreational sites that make an important contribution to the network of open green spaces within the built-up areas of the Borough are also safeguarded from development under Policy ENV8 Urban Green Network.

Reasons/Explanation

The policy covers not only publicly-owned recreation open space but also private and school playing fields, even though there may not be official public access to these. The private sports clubs in the Borough (including those owned by local companies) provide excellent facilities which greatly extend the range and quality of sports opportunity available in the Borough.

The Borough Council has carried out an assessment of the quantity and quality of sports fields, play areas and parks in the district in line with the recommendations of recent government planning guidance. This has revealed a shortfall in outdoor recreation provision in the Borough in comparison with the amounts recommended by the National Playing Fields Association (NPFA). The development of recreational open space will therefore be strictly controlled to ensure no further reduction in the quantity or quality of facilities in the Borough. Where the redevelopment of a small part of the site is proposed the developer must show that the recreational facilities remaining on the site will be at least the same and preferably better, in terms of quality and capacity, than before development takes place. The redevelopment will only be allowed if its purpose is to enable the permanent protection and enhancement of existing recreational facilities on the site.

Apart from the circumstances listed in the policy, development may be allowed where it is ancillary to the recreational use of the site and does not cause detriment to pitches or adversely affect their use, or where the proposed development is for an indoor or outdoor sports facility which would be of sufficient benefit to sporting provision in the Borough to outweigh the loss of the playing field.

Following its assessment of outdoor recreation facilities the Borough Council has produced supplementary planning guidance “Recreation Land”, setting out criteria against which proposals to develop open space will be judged. These cover such matters as catchment areas, improvements, accessibility and effect on neighbours. The Borough Council will use Planning Obligations to secure the replacement of appropriate facilities, in those cases where development is allowed in accordance with this Policy. In implementing the policy the Borough Council will assess recreation provision in the three separate areas of Ellesmere Port, Neston and Willaston, and will also consider localised shortfalls in provision. Ellesmere Port and Neston Borough Local Plan 95

Recreation and Tourism

All playing fields, whether school playing fields, or those owned by public, private or voluntary organisations, are of special significance both for their recreational and amenity value and for their contribution to the green space of an urban environment. When not required for their original purpose, they may be able to meet the growing need for recreational land in the wider community.

The Borough Council recognises that the use of school playing fields, outside of school hours and if managed effectively, may help to meet the demand for sports pitches. The Council will encourage formal arrangements for the dual use of school playing fields where appropriate.

Some sites have a particular value as green spaces within the urban environment and are designated on the Proposals Map as part of the Urban Green Network . Such sites are protected from development under Policy ENV8. Policy REC2 sets out the minimum open space requirements that will be applied to new residential development and also used in assessing deficiencies and needs for recreational open space under criterion ii) of REC1. The prescribed amounts are consistent with those recommended by the NPFA.

For proposals in the Green Belt refer also to the policies in the Green Belt chapter.

Refer to Policies: GB2, ENV8. 96 Ellesmere Port and Neston Borough Local Plan

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REC2 Open space provision in new residential development

REC2 Open Space Provision in New Residential Development

Residential development shall make provision for open space in accordance with the following standards (in hectares per 1000 people):

Formal playing fields 1.7 ha

Children’s equipped play areas 0.2 ha

Children's informal play space 0.5 ha

Total recreational open space 2.4 ha

In addition informal, amenity space should be provided on all residential development.

The requirement to provide open space will arise on developments for ten or more dwellings. Such provision should be made on site or in the immediate vicinity. Where this is not feasible, a financial contribution will be sought to secure open space provision elsewhere or an enhancement of existing facilities that will be of direct benefit to the residents of the new development. In establishing the amount and type of open space or financial contribution required, the Borough Council will have regard to:

i. the population likely to be generated by the development,

ii. the likely age structure of the residents and their particular open space needs,

iii. the existing and proposed provision of open space and its type in the locality, that is conveniently accessible to residents.

Reasons/Explanation

New residential development creates the need for various forms of open space, including amenity and recreational open space and children’s play areas. This space can have various functions, such as enhancing the setting of the houses, providing a habitat for wildlife and providing safe areas for children’s play. In a recent assessment of recreational open space in the Borough, the Council identified a shortfall in many types of open space, and is keen that new housing developments should not exacerbate these deficiencies. Open Space Standards have been devised to ensure that adequate open space provision is made in all new housing developments.

All new residential development for 10 or more dwellings must make adequate provision for children’s play space and other recreational open space such as pitches and playing fields. In most cases this will be expected to be on site. In order to avoid conflict between the users of amenity open space and residents of adjacent properties it is important that the location, size, type and use of such space is taken into account from the first stages of layout design, especially where play areas with equipment Ellesmere Port and Neston Borough Local Plan 97

Recreation and Tourism are to be provided. It will not be sufficient for developers to merely identify left-over or hard to develop pieces of land for amenity uses.

Where on-site provision is not possible, the Council may require a contribution to be made by the developer towards the establishment of new facilities or the improvement of existing facilities nearby. Any such contribution would be directly related to serving and meeting the recreational needs generated by the proposed development.

Where existing recreational open space is well placed to serve a new development, the Council may require a contribution towards the improvement or refurbishment of that facility, in order to enable it to cope with more intensive use resulting from the proposed development. In areas where there is no existing recreational open space which could serve the new development, contributions may be sought to establish new facilities close to the proposed development.

The level of contribution required for recreational open space will be calculated according to the type of housing proposed and the level of demand created from the development.

Informal amenity space is thatland on a residential development which enhances the setting of the dwellings and which may also be planted or landscaped. The required amount will vary from site to site depending on its location, uses on neighbouring sites and the possible need for screening and the existing landscape features such as trees, hedgerows, ponds which will be retained on the site.

The Borough Council will use Planning Obligations in relation to the adoption of open space and will expect commuted sums to be made for maintenance. Additional information with regard to open space provision provided in new residential development is set out in an appendix to this Plan.

Further information will be provided in Supplementary Planning Guidance ‘Open Space Standards for New Residential Developments.’

Refer to policies: H1, H2.

98 Ellesmere Port and Neston Borough Local Plan

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REC3 Indoor sports and social facilities

REC3 Indoor Sports and Social Facilities

Proposals for development which involve the loss or change of use of existing indoor sports or social facilities which meet an identified local need will not be permitted unless a replacement facility of equivalent community benefit is provided by the developer in a suitable location.

Applications for the creation of new or the extension of existing sport and social facilities will be considered favourably.

Reasons/Explanation

Sports and social facilities form an important part of the life of the community and the Borough Council wishes to see such facilities retained and enhanced wherever possible. Any proposals for replacement, new or extended facilities should be appropriately designed and sited, and should be easily reached by foot, bicycle and public transport. Facilities should be accessible to those with mobility difficulties.

Refer to policies: GEN5, GEN6

REC4 Amenity open space in residential areas

REC4 Amenity Open Space in Residential Areas

The development of amenity open space in residential areas, including the enclosure of public open space for private gardens, will not be permitted unless one of the following criteria apply:

i. the proximity of amenity land to a dwelling is causing a nuisance that it is not possible to solve in any other way.

ii. a lack of off-street parking in older residential areas is causing problems such as vehicles blocking highways or parking on grassed areas.

Reasons/Explanation

Amenity land is public open space normally sited within residential areas which enhances the setting of that neighbourhood or is integral to its character. Within the Borough residential developments contain varying amounts and types of amenity land. For example, the newer estates of the 1980s and 1990s have informal layouts with extensive areas of open space. Wherever possible mature trees and hedgerows have been retained to enhance the settings of these developments. There are also large areas of open space in local authority estates such as Stanney Grange which are intended to compensate for small gardens, or in the case of flats, no gardens at all.

It is necessary for householders to obtain planning permission if they wish to enclose adjacent areas of amenity space into their gardens. Requests to carry out such development will normally be refused on the grounds that it contributes to a deterioration in the amenity of a residential area. Where a nuisance Ellesmere Port and Neston Borough Local Plan 99

Recreation and Tourism is being caused that cannot be solved in any other way, then the loss of the land may be outweighed by the gain in residential amenity from the reduction in the nuisance concerned.

In the first case permission will only be given for the enclosure of the minimum area of amenity land in order to solve the specific nuisance problem, and in the second the provision of parking will be balanced against a strong presumption in favour of protecting amenity space.

Refer to Policies: ENV15, TRANS5.

REC5 Allotments

The development of allotments for other uses will not be allowed. Exceptions will only be considered where an alternative, suitable allotment colony can be provided on another site serving the same catchment as the original.

Where a colony of allotments is proven to be uncultivated and with no demand for plots on it, its alternative use as recreational open space would be considered appropriate. In exceptional circumstances applications for its development for other uses may be allowed subject to an alternative, suitable piece of open space being provided on another site serving the same catchment.

Reasons/Explanation

Allotments provide valuable recreational open space. They are particularly important in urban areas where they can compensate those who have a small garden or no garden at all.

Some allotment colonies are permanent and therefore protected by legislation which requires the Secretary of State to give consent before the land is disposed of and then for all tenants to be relocated on alternative allotments near to their homes. Others are classified as temporary and do not have the same measure of legal protection. This policy protects all allotments outside of green belt areas. It recognises that allotments are a form of recreational open space and therefore requires that if a colony ceases to be cultivated it reverts to some other recreational use or is replaced as open space on an alternative site.

Development of allotments within Green Belt areas will be controlled through Green Belt policies.

Refer to policies: GB1, GB2. 100 Ellesmere Port and Neston Borough Local Plan

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REC6 Site for potentially noisy or nuisance outdoor sports

REC6 Site for Potentially Noisy or Nuisance Outdoor Sports

A site, identified on the Proposals Map, may be appropriate for the location of outdoor sports uses that are noisy or can create other nuisance or negative impact on the environment. Such uses will only be permitted subject to the following criteria:

i. That they do not prejudice the use of other allocated sites,

ii. That the site is not damaged to the extent that it would not be available for employment use when the recreational use is finished.

Planning permissions will be granted for a temporary period and in the light of advice from the Health and Safety Executive as the site lies within a hazard consultation zone.

Reasons/Explanation

Some outdoor sports such as motorbike scrambling and paintball combat are noisy or can create other nuisances such as dust, rutted tracks, damage to shrubs, danger to pedestrians and so on. For these reasons they are not appropriate uses for the Green Belt and it is difficult to find alternative sites.

The site shown on the Proposals Map, if not in employment use, may be suitable since any negative impact in the way of noise or nuisance will affect neither residential areas nor the Green Belt. The site is, however, within hazardous installation consultation zones and it is unlikely that the Health and Safety Executive would want to see uses that would attract large numbers of people (for example spectators) to it.

If planning permission for a recreational use is granted it will be for a temporary period so that its impact may be assessed and, if necessary, the use curtailed.

Refer to Policies: HAZ1, HAZ2 Ellesmere Port and Neston Borough Local Plan 101

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REC7 Recreational routeways

REC7 Recreational Routeways

The Borough Council will continue to enhance and extend the network of recreational routeways through measures to upgrade, improve and provide new facilities. In particular the Borough Council aims to complete the following routes, developing each to cater for pedestrians, horseriders and/or cyclists wherever feasible.

i. A Cross-Borough path, from the Dee Estuary to the Mersey Estuary, including the linking of Rivacre Valley Country Park with Childer Thornton and the Wirral Way Country Park at Hooton, links to the Dee and the Mersey and providing shorter circular routes,

ii. The Dee Coastal Path with associated facilities along the line indicated on the Proposals Map.

These routes are currently incomplete in places, with no public access provision in a number of sections. Wherever possible, new rights of way will be created. In areas where links are missing, provision for public access will be required as part of proposals for development, where this is appropriate. Where public access is already present, measures to enhance the existing facilities may be required.

The Borough Council is also keen to increase the number of places in the District from which the public can have clear views of the coast and across the Estuaries. It will therefore seek measures to improve access to the Manchester Ship Canal and River Mersey in particular and wherever practicable.

No new development will be allowed adjacent to either the Dee Coastal Path, the Wirral Way or the Rivacre Valley Country Park if it is considered that such development would have a detrimental affect on their amenity.

Reasons/Explanation

The attractive countryside in the Borough is a valuable resource for the leisure and recreation needs of both residents and visitors. Popular ways of enjoying this countryside include walking, cycling and riding. The Wirral Way which runs into the Borough is already a well-used route and the Borough Council wishes to extend the footpaths which link to this to form a network of routes which allow for a complete cross-Borough walk as well as local circular routes. This is also consistent with the Mersey Forest Plan which has a key local strategy of the establishment of such recreational routes.

Whilst the Dee coast is accessible along most of its length within the Borough, access to, and along the Manchester Ship Canal and Mersey Estuary coast is very restricted. The areas north of Ince village and around Booston Wood represent areas of opportunity to secure views across the Mersey. Other opportunities to improve access to the coastlines will also be explored, for example, through the Mersey Forest initiative and the Dee and Mersey Estuary Management Plans. Increased public access may require sensitive access management and access may not be appropriate in all areas.

The possibility of linking Neston with Haddon Wood and Burton Wood, linking Willaston and Ledsham, and providing a major link from Hooton to Eastham, will all be examined as part of the implementation of this Policy, as will the detailed examination of routes in the Rivacre Valley/Childer Thornton/Hooton 102 Ellesmere Port and Neston Borough Local Plan

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area. Links outside the Borough will also be investigated to tie in with the implementation of schemes put forward through the Mersey Forest, Sustrans and other initiatives.

In order to complete and improve the routes indicated, the Borough Council wishes to see public access provided as part of proposals for development, wherever appropriate. It is recognised that increased public access may not be appropriate in all areas, such as sensitive wildlife sites and industrial areas. Where footpath routes are already present, the Borough Council will expect proposals for development to include measures to enhance the existing routes. Such enhancement measures might include signposting, improvements to entrances or boundaries, habitat creation or provision of small car parking areas.

The Borough Council is keen to provide for the needs of all potential users of recreational routes, namely pedestrians, cyclists and horseriders. It is recognised that conflict between users may arise on some routes, and that segregation may be necessary. Routes will be developed to cater for all users wherever possible. The Borough Council will not seek to secure new footpath and cycleway routes through compulsory means.

The creation of new footpaths and cyclepaths will require detailed discussions and negotiations with landowners affected and the final routes of such paths will be the subject of a more detailed consultation exercise.

The Borough Council is seeking to develop a cycleway network in the Borough, and this is identified on the Proposals Map and referred to in Policy TRANS4.

Refer to Policies: ENV8, ENV9, ENV10, ENV12, TRANS4.

REC8 Tourist accommodation

REC8 Tourist Accommodation

Outside of the Green Belt, the Borough Council will allow applications to build new tourist accommodation, to extend existing premises or to change the use of buildings to provide additional tourist accommodation subject to the following criteria:-

i. The character of existing residential areas, Listed Buildings and Conservation Areas is protected wherever appropriate,

ii. The proposed premises or extension are of an appropriate size and type to accommodate the new use,

iii. That it does not conflict with any allocation made in this Local Plan,

Reasons/Explanation

There is a shortage of tourist accommodation in the Borough, particularly of low-cost and self-catering accommodation. Applications for this type of accommodation and for the provision of bedroom extensions at existing public houses will be considered favourably in appropriate locations. Ellesmere Port and Neston Borough Local Plan 103

Recreation and Tourism

When considering applications however, careful controls are needed to ensure provision for tourists is not to the detriment of the residents already living in the area. In particular the proliferation of Bed and Breakfast uses should not be encouraged to the detriment of a residential locality. The Borough Council will therefore generally not permit a change of use which relies on the use of more than 50% of the front garden as parking space. The use of rear garden space will be assessed in terms of its impact on the residential nature of the locality. Similarly, proposals to extend premises used as Bed and Breakfast establishments will be considered against the Borough Council’s Supplementary Planning Guidance on House Extensions.

Within Green Belt areas, tourist accommodation can help in the diversification of farms and the rural economy. It is important, however, that such development does not adversely affect the openness and character of the Green Belt. Proposals for change of use of existing buildings for tourist accommodation will be judged against Green Belt policies.

Refer to policies: GB1, GB2, GB3, GB4, GB5, GB6, ENV13, ENV15, ENV16, REC9.

REC9 Historic canal port

REC9 Historic Canal Port

The Historic Canal Port at Ellesmere Port and adjacent sites, as indicated on the Proposals Map, are to continue to be promoted as a major tourist and commercial facility where tourism developments will generally be allowed subject to the following criteria:-

i. The proposal complements and/or enhances the existing uses on the site,

ii. The design and materials of the development are appropriate to this sensitive location within and adjacent to the Conservation Area,

iii. Satisfactory access and parking are available.

Reasons/Explanation

The Ellesmere Port Docks Conservation Area is a Conservation Area which is also the setting for major commercial and tourist developments including the Boat Museum. The Borough Council wishes to see the continued development of this historic setting. Such development will connect with initiatives to improve the use of the canal for recreation purposes and to secure the environmental improvement of the M53/Shropshire Union Canal Corridor.

Refer to Policies: ENV10, ENV11, ENV12, ENV13, ENV15, ENV16, REC8. 104 Ellesmere Port and Neston Borough Local Plan

Town Centres and Shopping

Introduction

The shopping pattern of the Borough is mainly dominated by the two town centres of Ellesmere Port and Neston. The town centres differ greatly in character. Neston town centre is a Conservation Area that has developed around its Cross. In contrast the present Ellesmere Port town centre has developed since the 1950s, and has recently been expanded with the Port Arcades development. Neighbouring centres such as Chester and the Wirral have an effect on trade at the two town centres. Shopping provision in the Borough has been complemented by the recent development at Cheshire Oaks, to the south of Ellesmere Port. There is also a full range of smaller shopping centres in the Borough.

It is extremely important that the viability and vitality of the town centres and the smaller centres are maintained and wherever possible enhanced. The town centres are not just a collection of shops, they contain Central and Local Government services, together with sports and cultural facilities. They also provide employment in shops, offices and other town centre facilities as well as catering for leisure and tourism, providing good shopping facilities and a pleasant environment. The smaller centres meet local need and assist in reducing the need to travel.

The Cheshire Oaks development is close to the existing built up area, and is already served both by local and through bus services. The Borough Council will wherever possible seek to improve transport links between Cheshire Oaks and Ellesmere Port town centre. It is the intention of the Borough Council to extend existing cycleways to link Cheshire Oaks to the rest of Ellesmere Port. The Cheshire Oaks site is a major asset to the Borough, increasing the range of facilities for residents, but also bringing in much needed jobs and investment.

Aims

The aims of the Town Centres & Shopping policies are:

To enhance the vitality and attractiveness of the two town centres, as well as Whitby, Westminster, Great Sutton and Little Sutton centres. To make provision for the expansion and diversification of Ellesmere Port’s shopping centre. To encourage the enhancement and improved vitality of small neighbourhood shopping centres. To encourage the establishment of local shops in new housing areas. Ellesmere Port and Neston Borough Local Plan 105

Town Centres and Shopping

SHOP1 Primary shopping areas

SHOP1 Primary Shopping Areas

Within the core Town Centre primary shopping area of Ellesmere Port Town Centre as identified on the Proposals Map, and in the area of Neston Town Centre as identified on the Proposals Map, the following new uses will be allowed as long as they sustain and enhance the vitality and viability of town centres:

a. The development and redevelopment of existing shops and the re-use of empty shops for uses appropriate to a town centre including shopping (ClassA1) services (Class A2) food and drink (Class A3), subject to Policy SHOP5 and leisure (Classes D1 & D2).

b. Residential Development except for the conversion of shop premises

provided that in all cases the proposal is designed so as to be consistent with its surroundings and reflects its location within a traditional town centre.

Reason/Explanation

The existence of a healthy town centre is fundamental to the well being of an urban area. Town centres have a number of roles to play including being the prime location for shopping, services, offices, and leisure as well as acting as a focus for cultural and local identity. Town centres should be well served by public transport and be lively and exciting places.

It is essential that the vitality and viability of the two town centres is strengthened during the plan period. Town centres should meet the needs of the community they serve. The policy set out above must be used in conjunction with the other Shopping policies which for example protect the town centres from out-of-centre developments which could undermine their health. Development within the town centres is seen as being the most sustainable approach since the town centres are well served by buses, trains and are within walking and cycling distance of a good proportion of both towns.

The primary shopping area of Ellesmere Port as identified on the Proposals Map is that part of the town centre where the main shopping functions are located, for example the market and shopping arcade, together with banks and associated business uses and the car parks that serve this part of town.

The Whitby Road Shopping Area in Ellesmere Port town centre is characterised by a range of small shops/business premises offering a range of A1, A2 and A3 services complementary to the nearby shopping and office development centred on the Port Arcades. There is a need to upgrade the quality of the development on Whitby Road, and measures secured for environmental improvement, traffic management and improved pedestrian comfort and safety, that will be considered as part of the Town Centre Strategy.

In both town centres it is important to bring empty shops back into retail use. Empty shops can indicate decline. Leisure uses within the town centres can attract visitors and add life to the centres outside of normal shopping hours. For this reason it is also important that residential uses are promoted within the town centres. 106 Ellesmere Port and Neston Borough Local Plan

Town Centres and Shopping

The Borough Council is to prepare a Town Centre Strategy for both town centres during the early part of the Plan period. The strategies will be prepared through a partnership of the local business community, property owners, residents, and the local authority. In the case of Ellesmere Port, the preparation of the strategy will also involve the Epicentre Partnership, the body implementing the Government’s Single Regeneration Budget in the town. The main elements of the strategies will be incorporated into the first review of the Local Plan.

Refer to policies: SHOP5, SHOP6. Ellesmere Port and Neston Borough Local Plan 107

Town Centres and Shopping

SHOP2 Local shopping centres

SHOP2 Local Shopping Centres

In order to sustain and enhance the vitality and viability of the local shopping centres of Whitby, Little Sutton, Great Sutton and Westminster as identified on the Proposals Map, the following uses will be considered acceptable:

i. shopping development consistent with the scale and function of the local centre

ii. food and drink uses (Class A3) in accordance with Policy SHOP5

iii. residential development provided that this does not result in the loss of ground floor shop premises

iv. other minor uses appropriate to the function of a local centre

Development proposals within the centres should, where appropriate, reflect the need to enhance the attractiveness of the centres through matters such as design and landscaping; improved access for pedestrians; the reduction in conflict between motor vehicles, cyclists and pedestrians; and improved car parking provision.

Westminster and Whitby shopping areas provide strategic entrances to Ellesmere Port Town Centre and Little Sutton shopping area is located on an important route through the urban area. It is important that development proposals accord with the need to maintain and upgrade the environment of these strategic routes.

Reason/Explanation

Local shopping centres perform an important role for the local community. They provide a range of shops, services and community facilities and are particularly important in reducing the need for trips by motor car. It is essential that they continue to thrive during the plan period.

Westminster and Whitby shopping areas provide important entrances to Ellesmere Port town centre. It is important that opportunities to upgrade the environment of these two entrances are taken as they arise during the Plan period in order to assist with not only the strength of shopping areas themselves, but also of the town centre. Little Sutton shopping area is located either side of the A41 which forms an important transport route through the town.

Studies have been carried out of Little Sutton, Great Sutton and Whitby (1995) and form Supplementary Planning Guidance. A study will be carried out of Westminster shopping area and this will also form Supplementary Planning Guidance.

Refer to policies: SHOP5, SHOP6. 108 Ellesmere Port and Neston Borough Local Plan

Town Centres and Shopping

SHOP3 Small shopping centres

SHOP3 Small Shopping Centres

Proposals for the change of use of shop units in A1 use in small shopping centres to non-A1 use will only be permitted if it can be demonstrated that no net loss will result to the vitality and viability of the centre, or if the use provides for a valuable community facility.

Reasons/Explanation

Whilst smaller than the local centres identified in policy SHOP2, small parades of shops perform an important role in the local community. These local shops provide basic convenience shopping close to home and are particularly valuable for less mobile people. Loss of local shops means that people must travel further, which can be a particular problem in rural areas.

The vitality and viability of small shopping centres can be eroded by the conversion of shop units to other uses and this loss of shop units should, wherever possible, be controlled where it would undermine the health of the centre. In many cases small shopping centres have suffered from a decay in their fabric and environment, and measures which strengthen their overall viability will be supported.

In order to maintain the viability of small shopping centres, this policy aims to control the mix of uses. It ensures that the majority of units are retained as A1 uses whilst recognising that A2 and A3 uses may also be appropriate. Uses which fulfil a valuable community need, such as clinics, doctors, dentists, advice centres etc, (generally D1) will also be permitted.

Where small shopping centres are subject to comprehensive redevelopment or change of use, the proposal will be considered against the overall need of the local community for local shopping.

The conversion of ground floor shop units to offices (B1) would not normally be beneficial to the health of shopping parades since it would take a unit which could be used to serve the local community. Such uses should normally be confined to the first floors of shopping parades. In exceptional circumstances, where there is a high level of vacancies it could be beneficial to allow a conversion of a ground floor unit to an office provided that a shop frontage would be maintained, in accordance with Policy SHOP6. This would be important visually and could make it easier to return the unit back into retail at some future date.

Conversions of units within shopping parades to residential use can lead to problems of amenity for the occupiers and make it harder for the unit to return to retail use in the future. Consequently, conversion of ground floor shop units will only be allowed as a last resort, where the unit is no longer viable for retail use. Applicants will be required to demonstrate that they have tried unsuccessfully to sell or let the property for retail use at a reasonable rate, for a significant period of time. Ellesmere Port and Neston Borough Local Plan 109

Town Centres and Shopping

The following small shopping centres are covered by this policy:

1 Bunbury Green 10 Regent Street (The Arcade)

2 Church Parade 11 Thelwall Road (Sutton Way)

3 Gleneagles Road, Little Sutton 12 Town Lane, Little Neston

4 Hope Farm 13 Underwood Drive, Whitby

5 Loxdale Drive 14 West Vale

6 Overpool 15 Willaston

7 Pooltown Road 16 Wolverham (Milton Road/The Ring)

8 Princes Road 17 Whitbyheath (Chester Road)

9 Raddle Wharf 18 Whitbyheath (Woodlands Road)

Refer to Policies: GB3, SHOP1, SHOP2, SHOP5, SHOP6. 110 Ellesmere Port and Neston Borough Local Plan

Town Centres and Shopping

SHOP4 Retail development

SHOP4 Retail Development

Retail development, including redevelopment and extensions to existing premises, will be allowed within the Primary Shopping Areas of Ellesmere Port and Neston in accordance with the requirements of Policy SHOP1.

Where it can be established that a need exists for new retail development in the Borough and that this need cannot be met on sites within the Primary Shopping Areas, the first consideration for its location will be given to sites on the edge of the Primary Shopping Areas, and in Local Shopping Centres. Consideration will then be given to other sites within the urban areas that are accessible by a choice of means of transport and which secure the positive re-use of previously-used ‘brownfield’ land.

Proposals for larger retail developments such as superstores or retail warehouses outside Primary Shopping Areas and Local Shopping Centres must include a Retail Impact Assessment that sets out the impact of the development on the vitality and viability of the Primary Shopping Areas, Local Shopping Centres and Town Centres in adjoining Districts. Proposals will only be permitted if they assist in sustaining and enhancing and do not undermine the vitality and viability of these areas/centres as appropriate.

Retail development proposals outside Primary Shopping Areas or outside Local Shopping Centres must not include traditional high street uses such as banks, post offices and pharmacies.

Reasons/Explanation

In order to promote the vitality and viability of town centres and to assist with the concept of sustainability, retail development should be directed to sites within the town centre, where suitable sites exist. Developers will be expected to demonstrate that all potential sites in the town centres have been appraised before other locations can be considered. The adoption of the “sequential test” is in accordance with Government guidance as set out in PPG6.

The primary shopping area of Ellesmere Port town centre is defined on the Proposals Map (Policy SHOP1). Edge of centre is considered to be within easy walking distance (normally 200-300 metres) of the primary shopping area. Edge of centre developments should relate well to the primary shopping area and incorporate easy access for pedestrians.

Only where suitable sites do not exist in the other locations specified will out of centre locations be allowed and only then where there is access to public transport and the proposal will not be detrimental to the viability and vitality of the town centre or local centre. In order to protect traditional high street uses, out of centre stores will not be allowed to include post offices, banks and pharmacies.

Developers will also have to consider the issue of need. Recent Government guidance (Statement by Richard Caborn February 1999) makes reference to this. Proposals must demonstrate need and the application of a sequential approach where they are for edge of centre or out of centre locations and do not accord with an up to date development plan strategy (or where the strategy is out of date, inconsistent with national planning policy guidance or fails to establish need adequately). Ellesmere Port and Neston Borough Local Plan 111

Town Centres and Shopping

Where a retail impact assessment is required in accordance with this policy, the assessment must consider the impact of the development on the vitality and viability of the Primary Shopping Area, Local Shopping Centres and Town Centres in adjoining Districts. PPG6 (figure 1) provides guidance on indicators which could be used to measure vitality and viability of centres. Retail Impact Assessments will need to show clearly how the proposal will affect the respective centre or centres by reference to these indicators.

Retail Impact Assessments must be based on up to date information and take account of developments which may have been recently completed or which may be the subject of an outstanding planning permission.

Larger retail developments, referred to in this policy, will also comprise developments and extensions or redevelopment of existing retail premises.

The retail policies of the Local Plan are based on a number of studies which were commissioned by the Borough Council. These are the MVM Retail Studies and the ORC Study. Copies of these reports can be obtained from the Borough Council.

A specific retail allocation is made for bulky goods non-food retail at Cromwell Road, Ellesmere Port under Policy SHOP10 of this Local Plan.

Proposals for leisure development will be also be subject to the sequential and needs tests outlined in this policy, in accordance with PPG6 and other Government advice. The ORC study has shown the need to enhance the range of leisure and catering facilities in Ellesmere Port town centre and make environmental changes to improve its attractiveness in the evenings.

Refer to Policies: SHOP1, SHOP2, SHOP10. 112 Ellesmere Port and Neston Borough Local Plan

Town Centres and Shopping

SHOP5 Food and drink establishments and amusement centres

SHOP5 Food and Drink Establishments and Amusement Centres

Within the existing Town Centres and shopping centres, proposals for food and drink establishments and amusement centres will only be permitted subject to meeting all of the following criteria:

i. The scale, character and appearance of the proposed establishment is appropriate to the location. The establishment should not be detrimental to, and wherever possible it should enhance the shopping function of the area.

ii. The proposal should not generate an increase in on-street parking to the detriment of highway safety or convenience of other highway users. This is particularly applicableto hot food sales and wholesale/retail delivery services.

iii. There must be no detriment to the amenity of neighbouring residents as a result of the development, particularly by virtue of noise, general disturbance, odour, litter and car parking.

Opening hours for all developments will be appropriate to their nature and location.

Reasons/Explanation

Food and drink establishments can be an essential part of a successful town centre and shopping area, adding liveliness in evenings. There is a need however to ensure a balance of uses to ensure a centre’s vitality and viability. The Policy seeks to prevent an over-concentration of Class A3 uses, which may affect the principal shopping character or function of an area.

There is also a need to protect local residents from disturbance which can be associated with these types of uses (both food and drink establishments and amusement arcades). The Borough Council only considers Class A3 uses (food and drink) and amusement centres appropriate where the level of activity can be reasonably controlled via planning conditions. Consideration will be given to restricting the nature of the use as well restricting the hours of the use to the daytime and earlier part of the evening in order to protect amenity. Hot food takeaway units can encourage high levels of short term on-street parking with resulting issues of highway safety, inconvenience to other highway users and disturbance.

In small parades of shops, proposals for the conversion of shop units to A3 uses must meet the provisions of policy SHOP3 before they will be considered under this policy.

Uses which are predominantly a food delivery service may be inappropriate in shopping areas without off street parking facilities. Favourable consideration will be given to locating such uses in industrial areas. Definitions within this policy are from the Use Classes Order of 1987.

Refer to Policies: SHOP1, SHOP2, SHOP3, EMP6. Ellesmere Port and Neston Borough Local Plan 113

Town Centres and Shopping

SHOP6 Shop fronts

SHOP6 Shop Fronts

Proposals for the alteration of shop fronts including new external grilles or other measures for shop front security, should be designed so as to improve the appearance of both the individual buildings and the town centre or shopping centre as a whole. In shopping centres within the Conservation Areas, proposals should be designed so as to preserve or enhance the identity and character of both the individual buildings and the Conservation Area as a whole.

Where a change of use is proposed from a shop to a non-retail service use, the Borough Council will normally require that a glass ‘shop window’ (or shop windows if appropriate) are provided, and displays are visible through such windows. In addition, the Borough Council will require an attractive shop front design that is sympathetic to the surrounding area.

Proposals for advertisements above the lower window cill of the first floor of retail premises will not be allowed except where separate businesses exist in the building and the proposal would not be detrimental to visual amenity.

Reasons/Explanation

Planning permission is needed for the change of use of shops to non-retail service uses such as banks, estate agents and betting offices. Planning permission is not needed however for a change of use from shops to retail service uses - for example hairdressers, travel agencies, funeral directors, and the sale of cold sandwiches.

Policy SHOP6 does not seek to concentrate such uses, or exclude them from particular streets. The aim of the policy is to ensure such uses are properly integrated into the street scene by requiring that they have a ‘shop front’, and a display. A ‘display’ could entail details of the services offered by the use, or perhaps items of local interest such as local events or history, or something of a similar nature. Previously such uses have often presented a blank shop frontage, making shopping streets less attractive.

In considering proposals for the alteration to shop fronts, the Borough Council will take into account whether the building involved is in a Conservation Area, whether it is a Listed Building, and whether it has a traditional facade, where a 'shop window' would be inappropriate.

Advertisements above the lower window cill of the first floor of retail premises have a detrimental impact on the street scene. Advertisements for offices and commercial uses may be acceptable, provided the actual use is within the building to which the advertisement is attached.

The Borough Council has prepared Supplementary Planning Guidance on “Advertisements” and on “Shop Fronts”.

Refer to Policies: ENV13, ENV15. 114 Ellesmere Port and Neston Borough Local Plan

Town Centres and Shopping

SHOP7 Cromwell Road

Land is allocated at Cromwell Road, Ellesmere Port for the development of 10,000 square metres of non-food retail floorspace subject to the following criteria that:

1. The development meets the need for bulky non-food retail development in Ellesmere Port which cannot be located within the Primary Shopping Area,

2. The development contributes towards measures for the improvement of pedestrian comfort and safety along Whitby Road to the shopping core of the town centre and also to Ellesmere Port station,

3. All existing buildings on the site which are of no architectural or historic interest, are demolished and cleared from the site

4. New building development shall be located towards the north-western end of the site, and shall contribute positively to the enhancement of the Whitby Road frontage,

5. The development must not result in a serious loss of amenity to residents living along Cromwell Road adjacent to the development, by reason of overshadowing and loss of daylight from the building, noise from delivery vehicles and cars, and lighting,

6. A detailed investigation is carried out into possible contamination of the site and remedial measures are carried out as necessary,

7. A detailed scheme of hard and soft landscaping is implemented that secures a positive environmental improvement of the site

8. The development shall have regard to the specific advice of the Health and Safety Executive, and shall include measures relating to its design, and its operation that address risks to the public arising from the hazard potential from the nearby Hazardous Installations.

Reasons/Explanation

The area comprises the site of the former H.H. Robertsons engineering works which closed in April 1997, together with part of the site of some existing industrial companies.

Following studies carried out on behalf of the Borough Council by MVM Planning and ORC, the Cromwell Road area is identified as being suitable for non-food retail development which would complement the existing provision in Ellesmere Port town centre which lies nearby. The studies have provided the basis for assessing the need and location (in terms of the sequential test) of the allocation.

Food retail development is not appropriate on the site because of the detrimental effect it would have on vitality and viability of the primary shopping area of the town centre. The development should complement the existing retail provision in the town centre. The development should provide for shopping for comparison bulky goods rather than fashion goods. The Borough Council will enter into planning Ellesmere Port and Neston Borough Local Plan 115

Town Centres and Shopping obligations to restrict the range of retail development to that which will complement rather than duplicate existing provision in the Primary Shopping Area.

The re-use of the site for retailing would be in accordance with the objective of utilising brownfield sites and protecting greenfield sites from development. The development would also be important to the regeneration of this part of Ellesmere Port. In order to demonstrate that there will not be a detrimental impact on the vitality and viability of Ellesmere Port town centre or any other centre (including centres in adjacent districts), the developer will be required to produce a retail impact assessment. Reference should be made to the Reasons/Explanations of Policy SHOP4 in terms of measuring vitality and viability.

The Borough Council will expect that a development brief is prepared for the whole site.

The site is separated from the town centre by a mainly residential area. It is important that the adequate links are made between this site and the town centre in order that the two sites can be accessed by pedestrians. The development should also be easily accessed from Ellesmere Port railway station which lies nearby in order to maximise the potential of the site to cater for shoppers arriving by means other than the car. The developer will need to make adequate provision for car parking (refer to Policy TRANS6) and for access arrangements. This will include satisfactory treatment of the junction of Cromwell Road with Westminster Bridge/Whitby Road. A Transport Assessment will be required. It should also be noted that the cinema at the Cromwell Road/Westminster Road junction is on the local list of buildings and structures of architectural and historic interest (see Policy ENV16).

The site has been used for manufacturing for many years and there is a possibility that there is some contamination. In addition it is understood that part of the site has been used as a tip in the past and that the tipped area may extend beyond the allocation. The development must accord with Policy HAZ4 and the developer will be required to submit a site investigation report to enable the type and degree of contamination to be assessed. This will include the possibility of contamination of the site from off site sources. Should this contamination prove to be significant the planning application will not be decided until detailed remedial measures are agreed. If the contamination is less severe, planning permission may be granted but subject to the remedial measures being carried out before development is completed. Remedial measures should also address the potential for contamination of the site from off site tipping.

The Borough Council will need to consult with the Health & Safety Executive (HSE) on any proposal, given the location of the site within a Hazard Consultation Zone. The advice from the HSE will be one of the factors which the Borough Council will take into account when determining the application, in accordance with Policy HAZ2. It is possible that Borough Council may require the developer will need to implement design measures providing for public safety to satisfy any concerns of the HSE. 116 Ellesmere Port and Neston Borough Local Plan

Transport

Introduction

There is a growing recognition of the environmental consequences of continued increasing levels of motorised transport. There is now an accepted need to reduce the level of greenhouse gas emissions in order to protect the global environment and to reduce other locally harmful effects of traffic growth such as noise, poor air quality, congestion and the destruction of landscape and habitats. This is consistent with the objective of sustainable development.

The planning process has a fundamental role to play in this objective by shaping the location and nature of development which will then affect the amount and method of travel. The combination of effective land use and transport policies should enable people to carry out their everyday activities with less need to travel and less need to travel by private car. The planning process should also seek to promote alternatives to car transport such as public transport and cycling, promote accessibility to new developments for non-car transport and devise policies to strengthen existing local centres for shopping, employment and community uses.

Opportunities for improving the network are likely to occur during the Plan period. These include the improvement of access to rail stations including disabled access, and measures to enhance the attractiveness of bus and rail stations. There may be a need to carry out studies into the potential for station development at Ledsham, Little Neston, adjacent to Ness Gardens (particularly to enhance access to the gardens for visitors) and at the former Burton Station. Linkages between new and existing development and existing centres will be particularly important (e.g. links between Cheshire Oaks and both Ellesmere Port town centre and the Boat Museum) as well as links from residential areas to existing and proposed employment developments. The Borough Council will use Section 106 agreements to secure improvements to public transport where necessary.

Aims

The importance of transport issues in contributing towards sustainable development is so fundamental that they are integrated throughout the Local Plan. For example, allocations for land uses such as housing and employment should be made, so far as it is practicable, in such a way that will minimise the need for motorised transport. Similarly, there are policies to strengthen and enhance the function and attractiveness of the town centres and local shopping centres, consistent with the objective of reducing the need to travel and the distance needed to travel by private car.

The aims of the Local Plan Transport Policies are:

To reduce the number and length of motorised journeys; To extend the network for and promote the use of public transport, walking and cycling; To achieve better access to developments for all appropriate forms of transport; To secure better access for disabled people and those with mobility difficulties; To secure the provision of transport infrastructure which is necessary to assist with the economic regeneration of the Borough; To limit the environmentally damaging effects of transport, in particular road transport; To promote freight transport by rail, commercial waterway and pipeline and to protect such infrastructure where possible for potential use in the future; To specifically support improvements to rail transport within and beyond the Borough. Ellesmere Port and Neston Borough Local Plan 117

Transport

TRANS1 Access to developments

TRANS1 Access to Developments

Proposals for development should include provision for access by motor vehicles and by other means of transport such as by cycle, and for public transport where appropriate. Access must be made for pedestrians, including those with mobility difficulties.

Reasons/Explanation

This Policy seeks to ensure that development proposals allow for access by the motor car and by other, more sustainable, forms of transport. These access requirements are not applied to minor developments where it is not reasonable to provide for access such as most house extensions and advertisements. In specific “carless” residential development schemes, provision will need to be made for access by the vehicles of the emergency services and by visitor cars (see Policy H7).

To assist with the implementation of this Policy, applicants with major access requirements (e.g. 20+ employees) may be required to provide details of how it is intended to limit the use of cars and encourage other means of transport.

Refer to Policies: TRANS6, EMP1, H7.

TRANS2 Highway network

The Borough Council will seek the improvement of the existing highway network by means of highway schemes to improve the economic links to the Borough, with new or improved access to employment areas, traffic management and calming and other improvement schemes but with particular emphasis placed on road safety, the needs of public transport, disabled people and pedestrians.

Reasons/Explanation

Whilst Cheshire County Council is the Highway Authority, the Borough Council will suggest and press for schemes, within and if relevant outside, the Borough. The Borough Council sees road safety, and the improvement of the environment as particularly important, because of the need to save lives and reduce the number of injuries and to reduce the impact of road traffic on the environment and the quality of peoples lives. This is a reflection of the objectives of the transport policies of the Local Plan.

People with certain disabilities often rely more on public transport, and ease of access along the pavement, than the general public. In contrast there are other disabled people who are far more dependant than the general public on private cars. Clearly in both cases there must be priority for these groups in transport schemes.

The Borough Council will consult the Highway Agency on planning applications that may result in a material increase in the traffic on trunk roads, motorways and motorway junctions. 118 Ellesmere Port and Neston Borough Local Plan

Transport

TRANS3 Freight transport

TRANS3 Freight Transport

Industrial and warehousing development on sites adjoining or in close proximity to rail or canal transport facilities should seek to optimise the use of these facilities for freight transport. Rail and canal infrastructure, including wharves, quays, railway tracks and trackbeds, both in use and unused that have a realistic potential for future freight transport use will be safeguarded from development that would preclude this potential.

Reasons/Explanation

The use of railways and canals for freight transport will help to reduce the demand for road freight which often has an adverse environmental impact, and is less efficient in the use of energy. It is important that opportunities for the future development of rail and water borne freight are retained.

The Manchester Ship Canal offers significant potential for non-road transport. The Ince Marshes site (Policy EMP4) lies adjacent to the Ship Canal and the development of it should make use of the Canal.

The Shropshire Union Canal and unused rail infrastructure also offer potential for recreational uses.

Refer to Policies: GB7, EMP1, EMP2, EMP3, EMP4

TRANS4 Provision for cyclists

TRANS4 Provision for Cyclists

The Borough Council will develop a safe cycleway network throughout the urban areas of the Borough as shown on the Proposals Map. Wherever possible the Borough Council will seek to link the urban network to a network in the countryside.

Where appropriate, development proposals will be required to make on-site provision for cyclists including cycleways and secure cycle parking, and to make financial contributions to off-site cycleway provision to enable connection with the wider cycleway network.

When considering highway alterations such as new junctions, the Borough Council will consider the safety and convenience of cyclists.

Reasons/Explanation

The development of a cycleway network in the Borough will be of major benefit to the Boroughs residents, workers and visitors. Such a network can help to facilitate journeys to work and to other destinations thus providing a realistic alternative to the private car, as well as providing a safe and pleasant route for those who do not have access to a car.

The cycleway network will use existing quiet roads as well as dedicated facilities. The cycling network will also boost recreation provision in the Borough and by links to routes outside Ellesmere Port & Neston will help to draw in visitors. The Borough is reasonably flat thus a network which links housing areas, Ellesmere Port and Neston Borough Local Plan 119

Transport employment areas, shopping areas and places of interest in both urban and rural locations will be particularly attractive. The establishment of the cycleway network is important to the development of the Mersey Forest and is set out as a key local strategy in the Mersey Forest Plan. A cross-Borough cycleway is particularly desirable (See Policy REC7) and links from the Borough to longer routes will be supported. The Borough Council is in particular seeking a link from Burton/Neston to North Wales.

Where appropriate the Borough Council will require applicants to contribute to the development of the cycleway network. This can be achieved in many ways but there may be opportunities for part of the network to be built as part of a new development or for a financial contribution towards the development of the cycleway network in the Borough. New developments should include provision for access by cycle and appropriate secure cycle parking.

It is expected that the cycleway network will be developed as shown on the Proposals Map. However a minor deviation of the intended line might be considered acceptable if the Council considers that it provides a better route.

Policy GEN1 sets out the policy context for the requirement of off site contributions. Reference should also be made to Circular 1/97 – Planning Obligations

Refer to Policies: REC7, ENV10

TRANS5 Car parking in residential areas

TRANS5 Car Parking in residential areas

The Borough Council in conjunction with Cheshire County Council will seek to introduce a system of controls to counter the undesirable effects of on-street parking by non-residents in residential areas close to such areas as Town Centres, provided it can be demonstrated that its introduction will not transfer the problems elsewhere.

The Borough Council will encourage improved parking facilities for residents and their visitors in older housing areas, where a clear need for such facilities can be demonstrated. Where such a proposal would involve a loss of amenity or public open space, the Borough Council will consider whether or not the loss is outweighed by the increase in amenity due to the reduction in parking problems.

Reasons/Explanation

Control of on-street car parking in residential areas is needed to safeguard the environmental conditions of residential areas close to the town centres or near to commercial areas. Some older residential areas in the Borough do not have adequate off street car parking provision leading to such problems as vehicles blocking highways or parking on grassed areas. In such cases, improved off-street car parking facilities will help improve environmental conditions in the residential area concerned. Any such provision, however, must be balanced against the strong protection of amenity and open space in residential areas in Policy REC4.

Refer to Policy: REC4. 120 Ellesmere Port and Neston Borough Local Plan

Transport

TRANS6 Car parking standards

TRANS6 Car Parking Standards

Developments should provide car parking in accordance with the relevant parking standards. Levels less than the standard may be acceptable when:

i. The development can be easily reached by means of transport other than the private car, and

ii. Off site car parking would not result in a danger to highway safety, undue harm to the amenity of residents or any other operational difficulties for other established uses

Where reduced levels of car parking are provided in accordance with the above criteria, contributions may be sought to either provide car parking off site or contribute towards measures to assist public transport or walking and cycling.

Reasons/Explanation

The relevant car parking standards currently in use are the Cheshire Parking Standards but these may be revised during the course of the Plan to reflect altered parking needs. One of the aims of the Local Plan is to reduce the reliance on the private car. The availability of car parking can have a major influence on the choice of means of transport. On street car parking can cause danger to highway safety and nuisance to other road users and local residents. Therefore, subject to safeguards to ensure highway safety and residential amenity, developers may provide less than the parking standard. The developer will then be expected to provide the difference (i.e. between the level provided and the level defined in the standard) by way of a commuted sum, towards the provision of car parking off site or, where appropriate, towards measures to assist public transport, cycling and walking

Refer to Policies: GEN1; GEN6; H5; EMP1; TRANS1; TRANS5. Ellesmere Port and Neston Borough Local Plan 121

Appendix 1 Open Space Provision in Proposed Residential Development

The provision of new open space will be required for all residential development of ten or more dwellings and should normally be made on site. It must be laid out to a standard agreed by the Borough Council and include the:

provision of play equipment including dog-proof fencing and safety surfaces, litter bins and seating where appropriate, grading, topsoiling and seeding of pitches and other grassed areas and their drainage, landscaping works and any necessary tree surgery, provision of changing facilities where pitches are provided fencing or other appropriate boundary treatment, where necessary.

When the development, including the public open space, is completed to the satisfaction of the Borough Council the freehold of the open space will be transferred to the Council at nil cost. A commuted sum will also be required from the developer to cover the maintenance of the open space for the following ten years.

Where provision cannot be made on site the developer will be required to make a financial contribution to the provision of new facilities off site or to the improvement of existing facilities. This contribution will be dependent upon the dwelling size. Large family houses, for example, will create greater demand for recreational facilities than flats and houses for single people and couples. The improvement of existing facilities in order to accommodate increased demand will only be appropriate where these are easily accessible to the residents of the new development.

Where a developer makes a financial contribution (apart from for maintenance) and this has not been spent by the Borough Council within an agreed date from the completion of the residential development, the whole sum or the unspent balance, as applicable, will be returned to the developer. 122 Ellesmere Port and Neston Borough Local Plan

Appendix 2 Evaluation of Urban Green Network

Methodology

Policy ENV8 identifies a network of urban green spaces and protects them from development that would harm their valuable character. The sites covered by this policy were identified and evaluated through the methodology outlined below.

Step 1 Initial Identification of Sites

A list of urban green spaces was drawn up using sources such as the recreation land survey, maps, aerial photographs. 129 sites were identified. No allotments were included as they are frequently unsightly and also protected by a separate policy in the Local Plan (Policy REC5 Allotments). In most cases small pieces of amenity land in housing areas were also excluded because of the difficulty in recording the large number of such sites and because Policy REC4, Amenity Open Space in Residential Areas, protects against their development. Similarly, no Green Belt sites were included as they are protected by specific Green Belt policies.

The identified sites were shown on the Draft Plan Proposals Map as being part of the Urban Green Network and therefore protected from inappropriate development.

Other sites that had come to light through site visits associated with work on the Mersey Forest, recreational land and housing were also included in the evaluation process.

Step 2 Criteria for Evaluation

The policy protecting the Urban Green Network, Policy ENV8, severely restricts the circumstances in which development of identified sites will be permitted. It was therefore necessary to make a systematic and objective assessment to ensure that there were good reasons why a piece of land should be included as part of the urban green network. A list of criteria was drawn up outlining the various valuable features that urban green space might have. These criteria were:

1. It looks attractive from surrounding houses 2. It is visually important to the neighbourhood 3. The houses around have small or no gardens 4. It provides a habitat for wildlife 5. It is a link between other green sites 6. It has/is an equipped play area 7. People can play informal games on it 8. People can enjoy walking on it 9. People can enjoy sitting on it 10. It makes an attractive setting for a building/buildings. 11. It has cultural, social and/or historical significance 12. It has educational value 13. It has scarcity value 14. It is landscaped or a public garden Ellesmere Port and Neston Borough Local Plan 123

Appendix 2 Evaluation of Urban Green Network

Step 3 Weighting the Criteria

Each site was given a low, medium or high score against each criterion, except for criteria 8 and 12 which were given four scoring categories. Some of the criteria were more important than others in the identification of a valuable piece of green space and so all criteria were weighted to reflect their relative importance. For example, a site that meets criterion 2, (It is visually important to the neighbourhood) means that it has more benefits than a site that only meets criterion 1 (It looks attractive from surrounding houses). Scores for criterion 2 are therefore higher than those for criterion 1. Criterion 13 (It has scarcity value) is a particularly important consideration and sites with this characteristic scored highly. The criteria and their weightings, along with comments on the reasons for the weightings and how the sites should be assessed, are shown in Table 1.

Step 4

Judging the Sites Each site was visited and evaluated against the list of criteria by three officers. The officers assessed each site individually then discussed their results for each site in an effort to produce an objective result. According to the consensus, the scores for each site were totalled. Any site scoring less than sixteen points was deleted from the urban green network.

Results of the Evaluation

129 sites were originally identified as forming part of the urban green network. All of these were evaluated together with other sites that came to light, primarily through site visits connected with housing land, Mersey Forest and recreation land issues.

The list of potential sites numbered 148. Of these one was no longer open space, one was not publicly visible or accessible, one was included as part of another site and seven were in the Green Belt. Of the remaining 137 sites, 23 scored under sixteen points leaving 115 sites identified as open green spaces within the Urban Green Network and therefore protected by Policy ENV8. A list of all the identified urban green network sites together with their scores for each criterion is shown in Table 2. 124 Ellesmere

Table 1. Criteria Used to Measure Urban Green Network Sites. Appendix

Criterion Weightings Comment Port

1. Looks attractive from 0 - No visual appeal (no surrounding houses or an untidy, Improves quality of immediate surroundings. and

Neston surrounding houses3 unmaintained site) Low score because of restricted benefit. 2

2 - Moderately attractive eg tidy and maintained with neat Evaluation

boundary fences/hedges. Borough 4 - Very attractive eg well maintained or managed with natural features such as mature trees or landscaping.

Local

2. Visually important to the 0 - No visual appeal eg an untidy, unmaintained site or not Same reason as 1. Higher score due to wider Plan

neighbourhood. widely visible in the neighbourhood. benefit. The neighbourhood was loosely defined of

4 - Moderately attractive eg visible, maintained and tidy as the area surrounding the site with a radius of Urban 8 - Very attractive eg visible, maintained and tidy, and with 200m. features such as trees or landscaping.

3. Houses around have 0 - Not applicable (no surrounding houses/houses have Green space is particularly important for these Green small or no gardens. moderate or large gardens) residents. Public access is beneficial in such areas. 6 - Area visible from houses with small/no gardens Play areas, scope for informal games an

9 - Pleasant, accessible space with play area/possibilities advantage. Network for informal recreation in area where houses have small/no gardens.

4. Area provides a habitat 0 - No nature conservation value It is important for people to be able to experience for wildlife. 4 - Area has minor wildlife interest nature close by, for educational and psychological 8 - Designated SBI or SNCV reasons. Recognised areas of local/borough importance for wildlife should be protected.

5. It is a link between 0 - Site does not link with other greenspaces Such sites are important for linking wildlife habitats, other green sites. preventing fragmentation. 4 - Some continuity between sites eg hedgerow or footpath 8 - Good continuity between sites - sites are adjacent or very close. Criterion Weightings Comment

6. It has/is an equipped 0 - No play facilities Good quality, well maintained play areas are very play area. 6 - Some play equipment present, potential of improvement valuable for children and will score highly. Others 9 - Well maintained play area with connecting paths and may have potential for improvement so should be safe surfaces. retained.

7. People can play 0 - No potential for informal games This does not command a high score because most informal games on it. 2 - Potential for informal games, eg grassed area greenspaces have some scope for playing informal 5 - Large area or other features present, eg woodland games.

8. People can enjoy 0 - No public access Walking is a highly popular form of recreation. walking on it. 2 - Access possible into site from one point. Access may Good quality paths, linking with other areas will

not be official, eg school fields. score highest. Appendix 4 - Access through site, some footpaths 8 - Good footpaths with signposting. May have through routes connecting with other green spaces or local facilities.

9. People can enjoy sitting 0 - No public access Specific seating must be provided to score in this 2 on it. 2 - Some seating provision category. Areas provided with seating near to good Evaluation 7 - Ample seating which is accessible to paths, or pleasant quality footpaths, with pleasant aspects can be views/aspect from seating. valuable, especially for less mobile people, and will command highest scores.

10. Makes an attractive 0 - Not applicable Green spaces can contribute to the quality of the

Ellesmere setting for buildings. 3 - Green space offers some improvement to building built environment. Particularly valuable in the case of

8 - Enhances setting of listed building, conservation area. of listed buildings, conservation areas. Urban

11. It has cultural, social 0 - No known significance Such sites are very important to the community Port

or historical significance. 2 - Some value, less obvious, not well known and should be protected. and

7 - Important cultural/historical site. Green

Neston 12. It has educational 0 - No/little education value Sites containing ponds and woodlands can be of value. 2 - School playing field, or site with minor educational value value, particularly near to schools. Borough

4 - Playing field or other site with features of interest eg Network

school nature area Local 7 - A site with high educational area, eg containing ponds,

regularly used by schools. Plan 125 126 Ellesmere Criterion Weightings Comment Appendix

13. It has scarcity value. 0 - Not applicable (other surrounding green spaces) An isolated site is likely to be of high value and Port 7 - Only green space of this type in vicinity should score highly. Even if the site is not well

10 - Only green space of any type in vicinity maintained/of little recreational value at present, it and

Neston will have the potential for improvement in future so 2

should be retained. Evaluation

Borough 14. It is landscaped or a 0 - Not applicable Such sites are likely to be uncommon and provide public garden. 4 - Some landscaping present variety within the green space provision.

10 - Well maintained, attractive public park Local

Plan

Urban

Green

Network Table 2. Total and Criterion Scores for Evaluated Sites.

Ref. Site Scores for Each Criterion (see list at end of table)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Total

1. Allans Meadow/Flint Drive 4 8 0 4 8 0 2 8 0 0 0 0 0 4 38 open space

2. Armthorpe Drive play area 2 0 0 0 0 9 2 2 2 0 0 0 7 0 24

3. Atherton County Infants 2 4 0 0 4 0 2 2 0 0 0 2 0 0 16 playing field Appendix 4. Bailey Avenue play area 2 4 0 0 0 6 2 4 2 0 0 0 7 0 27

5. Bebington Road play area 4 0 0 0 0 9 0 2 0 0 0 0 7 0 22

6. Berry Drive open space 2 4 0 0 0 0 2 2 0 0 0 0 7 0 17 2

7. Berwick Road CE School, 4 4 0 0 4 0 0 0 0 0 0 4 0 0 16 Evaluation Little Sutton

8. Berwick Road/Ledsham Park 4 8 0 4 4 0 2 4 2 0 0 0 7 4 39 open space

Ellesmere 9. Big Shallacres, Rossmore 4 8 0 4 8 0 2 4 2 0 0 0 0 0 32 of

Road East Urban

10. Booston Wood, North Road 0 4 0 8 8 0 0 2 0 0 0 0 7 0 29 Port

and

Green

11. Bridge Street (part of Wirral 2 8 6 8 8 0 0 4 7 0 7 4 0 0 54 Neston Way)

Borough

12. Bristol Drive amenity space 4 8 6 4 4 0 2 4 0 0 0 0 0 0 32 Network

13. Bunbury Green amenity land 4 8 9 0 4 0 2 4 0 0 0 0 0 0 31 Local

14. Cambridge Road play area 2 8 9 0 0 9 2 4 2 3 0 0 7 0 46 Plan 127 128 Ellesmere Ref. Site Scores for Each Criterion Appendix (see list at end of table)

Port 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Total

and

Neston 15. Canal sites adj motorway 0 8 0 8 0 0 0 8 7 0 7 7 7 0 52 2

Evaluation

16. Capenhurst Grange School, 4 8 0 4 8 0 2 2 0 3 0 4 0 4 39 Borough adj A41, Great Sutton

17. Capenhurst Lane playing field 2 4 6 0 0 6 2 4 0 0 0 0 0 0 24 Local

Plan 18. Castrol Sports Club 2 8 0 4 8 0 0 0 0 0 2 0 0 0 24 of

19. Chester Road Footpath, to 4 8 6 8 8 0 0 8 0 0 0 3 0 0 45 Urban Sycamore Drive, Whitby

20. Chester Road Meadow, adj 2 4 0 4 8 0 2 8 0 0 0 2 0 0 30 Capenhurst Grange Green

21. Chester Road/Sutton Way 2 8 0 0 0 0 0 4 0 0 0 0 7 4 25

Junction, Great Sutton Network

22. Christ Church Cemetery, 2 4 6 0 0 0 0 4 0 3 7 0 0 0 26 Westminster

23. Christ Church C of E Primary, 2 4 0 4 0 0 2 2 0 0 0 4 7 0 25 Deeside

24. Church Lane Cemetery, 2 4 0 0 4 0 0 4 0 8 7 0 0 0 29 Neston

25. Church Lane field adj Church, 2 8 0 0 8 0 0 0 0 0 0 0 0 0 18 Neston

26. Civic Way Garden 0 8 0 0 0 0 0 8 7 8 7 0 7 9 54

27. Delamere Drive play area 4 8 0 8 8 6 2 4 2 0 0 0 0 0 42 Ref. Site Scores for Each Criterion (see list at end of table)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Total

28. Dolphin Crescent play area & 2 4 0 0 8 6 5 4 2 0 0 0 7 0 38 adjacent land

29. Ellesmere Port Catholic 2 4 6 0 4 0 2 2 0 0 0 2 0 0 22 School, Capenhurst Lane

30. Elm Grove play area 2 4 0 0 0 6 2 2 0 0 0 0 7 0 23

31. Enfield Road play area 2 4 9 0 0 9 5 4 2 0 0 0 7 0 42 Appendix 32. Fairways Drive open space 4 4 0 0 0 0 2 2 0 0 0 0 7 0 19

33. Festival Park, off Overpool Rd 2 4 0 0 0 9 5 4 2 0 0 0 0 0 26

34. Former Rivacre Baths, 4 8 6 4 8 0 2 8 0 0 7 0 0 0 47 2

Overpool Evaluation 35. Foxall Way wooded strip 4 8 0 0 4 0 2 2 0 0 0 0 0 0 20

36. Gorsthills County Primary, 4 8 6 0 8 0 2 2 0 0 0 4 0 0 34 Berry Drive, Great Sutton

Ellesmere 37. Grace Road play area 2 4 9 0 0 9 2 4 2 0 0 0 7 0 39 of

Urban 38. Harrow Road open space 2 4 6 0 0 0 2 2 0 0 0 0 0 0 16

Port

39. Heath Lane Scout field, Little 4 0 0 4 8 0 0 0 0 0 2 2 0 0 20 and

Green

Sutton Neston

40 Jacks Wood, Rossfield Road 0 8 1 8 4 0 0 8 0 0 0 2 0 0 31

Borough

41 John St. Primary playing field 2 4 6 0 4 0 2 2 0 0 0 2 0 0 22 Network

42 Junction 7 North Wood 0 8 0 8 4 0 0 2 0 0 0 0 0 0 22 Local

43 Junction 7South Wood 0 8 0 8 4 0 0 0 0 0 0 0 0 0 20 Plan 129 130 Ellesmere Ref. Site Scores for Each Criterion Appendix (see list at end of table)

Port 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Total

and

Neston 44 Laurelwood Drive, Great 2 8 0 4 4 0 0 8 0 0 0 3 0 0 29 2

Sutton Evaluation

Borough 45 Lichfield Drive green spaces, 4 8 0 4 0 0 2 4 2 0 0 2 0 0 26 Great Sutton

Local 46 Lime Street open space 2 4 6 0 4 0 5 4 0 0 0 0 0 0 25

Plan

of 47 Little Shallacres, Overpool 2 4 0 4 8 0 2 4 0 0 0 2 0 0 26

Urban 48 Little Sutton Library open 0 4 0 0 0 0 2 4 2 0 2 0 7 0 21 space

49 Lupus Way (Seacombe Park) 4 4 0 0 4 9 5 4 2 0 0 0 7 0 31 Green

50 Luton Road playing field 2 4 0 0 0 9 5 4 2 0 0 0 0 0 26

Network 51 Manor Hospital open space & 2 4 0 8 4 0 0 4 0 0 2 0 7 0 31 woodland

52 Marshlands Road play area 2 4 0 0 0 6 5 2 2 0 0 0 7 0 28

53 Mason Close, Great Sutton 4 4 0 4 8 0 2 2 0 0 0 0 7 0 31

54 Meadow County Primary, 2 4 0 0 8 0 0 0 0 0 0 2 0 0 16 Dolphin Crescent

55 Mostyn House School, 2 4 6 0 0 0 0 0 0 8 0 2 0 0 22 Parkgate

56 Mount Farm Way, Great 2 4 0 0 0 0 2 2 0 0 0 0 7 0 17 Sutton

57 Netherpool Road open space 4 4 6 0 0 0 0 2 0 0 0 0 0 4 20

58 Ness Recreation Ground 2 4 0 0 8 6 5 2 2 0 2 0 7 0 38 Ref. Site Scores for Each Criterion (see list at end of table)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Total

59 Neston Cemetery 2 4 6 0 8 0 0 4 7 3 7 0 0 4 45

60 Neston Cricket Club 2 8 0 0 8 0 0 0 0 0 2 2 7 0 29

61 Northern Rise, Rivacre 4 8 9 8 8 6 2 8 2 0 0 7 0 0 62

62 Oil Sites Road (Mersey Forest 0 4 0 4 4 0 0 0 0 0 0 0 7 0 19 site), adj Mway

63 Our Lady's RC Aided Junior, 4 4 6 0 0 0 2 2 0 0 0 2 0 0 20 Appendix Capenhurst La

64 Overpool Cemetery 4 8 0 0 8 0 0 4 2 0 7 0 0 4 37

65 Parkgate County Primary, 4 4 0 0 8 0 2 0 0 0 0 2 0 0 20 2

Brooklands Road, Parkgate Evaluation 66 Parklands Co. Junior School 2 4 6 0 0 0 2 2 0 0 0 2 0 0 18

67 Parklands View play area 2 4 6 0 0 6 0 2 0 0 0 0 0 0 20

68 Penn Gardens, Heathfield 4 4 9 0 0 0 0 2 0 0 0 0 0 4 23

Ellesmere Road of

Urban 69 Powells Bridge, Oil Sites Road 0 8 0 0 4 0 0 4 2 0 2 0 7 0 27

Port

70 Randle Meadow play area 4 8 0 0 8 6 2 4 0 0 0 0 0 0 32 and

Green

71 Ringway play area, Neston 0 0 0 0 0 6 2 2 0 0 0 0 7 0 17 Neston

72 Rivacre Sports Club 0 4 0 4 8 0 0 2 0 0 0 0 0 0 18 Borough

Network 73 Rivacre Valley County 4 8 0 0 0 0 0 0 0 0 0 4 0 0 16

Primary, Forest Road, Local

Overpool Plan 131 132 Ellesmere Ref. Site Scores for Each Criterion Appendix (see list at end of table)

Port 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Total

and

Neston 74 Rivacre Valley country park 4 8 0 8 8 0 5 8 2 0 0 7 0 0 50 2

Evaluation

75 Ropewalk play area, Parkgate 4 8 0 0 8 9 2 4 2 0 0 0 7 0 44 Borough 76 Rossmore Road East playing 4 8 0 4 8 6 5 4 2 0 0 0 0 0 41

field Local

Plan 77 Seymour Park, Rossmore 2 8 6 8 4 0 5 8 0 0 0 3 0 4 48 of Road West

Urban 78 Shell Sports Club 4 8 0 0 8 0 0 2 0 0 2 0 0 0 24

79 St Asaph Road 2 4 0 0 4 0 2 2 0 0 0 0 7 0 21 Green 80 St Bernard's RC Primary, 4 4 6 0 0 0 5 2 0 0 0 2 0 0 23 Wolverham

Network 81 St Saviours RC Infants, 4 4 0 0 8 0 0 0 0 0 0 2 0 0 18 Seacombe Drive,

82 Stadium Triangle, Thornton 2 4 0 4 4 0 0 4 0 0 0 0 0 0 18 Road

83 Stanlaw Abbey School, 2 4 6 0 4 0 2 2 0 0 0 4 0 0 24 Alnwick Drive

84 Stanney Fields park, Neston 2 8 0 0 4 9 5 8 7 0 2 0 0 9 54

85 Stanney Grange School, 2 4 6 0 4 0 2 2 0 0 0 4 0 0 24 Rochester Drive

86 Stanney High School playing 4 8 0 8 8 0 5 4 0 0 0 7 0 0 44 field Ref. Site Scores for Each Criterion (see list at end of table)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Total

87 Stanney Woods Avenue, 4 4 0 0 0 0 0 4 7 0 0 0 0 4 23 Stanney Oaks

88 Stoke Gardens play area 0 0 6 0 0 9 0 2 2 0 0 0 0 0 19

89 Sutton County High School, 4 8 0 0 8 0 2 2 0 0 0 4 0 0 28 Mill Lane,

90 Sutton Green County Primary, 2 0 6 0 0 0 0 0 0 0 0 4 7 0 19 Armthorpe Drive Appendix

91 Sutton Way Co. Junior playing 2 4 6 0 0 0 0 0 0 0 0 4 0 0 16 field

92 Sycamore Drive/Willowdale 2 8 0 0 0 0 2 4 0 0 0 0 0 0 16 2

Way Evaluation

93 Sytchcroft play area, Neston 2 4 6 0 4 6 4 0 0 0 0 0 0 0 26

94 Thorne Drive play area 0 0 0 0 0 6 0 2 2 0 0 0 7 0 17

95 Thornton Rd play area 2 4 0 0 4 6 2 4 0 0 0 0 0 0 22 Ellesmere of

96 Thornton Road playing field, 2 4 0 0 8 0 5 2 0 0 0 0 0 0 21 Urban

Stanney Port

and

97 Trumans Lane play area 2 8 0 0 4 9 2 4 0 0 0 0 7 0 36 Green

Neston 98 West Cheshire College playing 2 8 0 0 4 0 2 2 0 0 0 4 0 0 22

field, Sutton Way Borough

99 West Vale play area, Neston 4 4 6 0 0 9 2 4 0 0 0 0 7 0 36 Network

Local 100 Whetstone Hey playing field 2 4 0 0 4 9 5 4 2 0 0 0 0 0 30

Plan 133 134 Ellesmere Ref. Site Scores for Each Criterion Appendix (see list at end of table)

Port 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Total

and

Neston 101 Whitby High School playing 4 0 6 0 0 0 2 2 0 0 0 4 0 0 18 2

field Evaluation

Borough 102 Whitby Park 4 8 0 4 0 9 5 8 7 3 7 7 7 9 78

103 Wicklow Close open space, 4 8 0 4 0 0 2 4 0 3 0 0 0 0 25 Local Ledsham Park

Plan

of 104 Willaston Green, Willaston 4 8 6 0 0 0 0 0 0 8 7 0 7 4 44

Urban 105 Willaston Primary School 2 4 0 0 8 0 0 0 0 0 0 2 0 0 16 playing field

106 Willowdale Way path and 4 4 0 4 0 0 2 4 0 0 0 0 7 0 25 Green open space

107 Willowdale Way footpath 2 4 0 4 0 0 2 4 0 0 0 0 7 0 23 Network

108 Wirral Way East, Station 0 8 0 8 8 0 0 8 2 0 7 4 0 0 45 Road, Neston

109 Wirral Way West, Station 2 8 0 8 8 0 0 8 7 0 7 4 0 0 52 Road, Parkgate

110 Winchester Avenue open 2 4 6 0 0 0 2 4 0 0 0 0 0 0 18 space

111 Wolverham Road playing field 2 4 6 0 0 9 5 4 2 0 0 0 0 0 32

112 Woodfall Infants + Junior, Little 2 8 0 0 8 0 0 0 0 0 0 4 0 0 22 Neston

113 Woodfall Lane play area, Little 2 4 0 0 8 9 5 4 2 0 0 0 7 0 41 Neston Ref. Site Scores for Each Criterion (see list at end of table)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Total

114 Woodlands Co. Junior School 4 4 0 0 8 0 0 0 0 0 0 2 0 0 18 playing field

115 Youth Club playing field, 2 8 0 0 4 0 2 2 0 0 2 2 0 0 22 Sutton Way

Key for Criteria

1. It looks attractive from surrounding houses Appendix 2. It is visually important to the neighbourhood 3. The houses around have small or no gardens 4. It provides a habitat for wildlife 5. It is a link between other green sites

6. It has/is an equipped play area 7. People can play informal games on it Evaluation 8. People can enjoy walking on it 9. People can enjoy sitting on it 10. It makes an attractive setting for a building/buildings. 11. It has cultural, social and/or historical significance

Ellesmere 12. It has educational value of

13. It has scarcity value Urban

14. It is landscaped or a public garden Port

and

Green

Neston

Borough

Network

Local

Plan 135 136 Ellesmere Port and Neston Borough Local Plan

Definition of terms

Affordable Housing

Housing for sale or rent at below market prices to local people who have a particular need for low cost accommodation.

Allocated Land

Land which is designated in the Local Plan for a particular type of development. (Note: In addition there may be sites with current planning permission for a particular type of development, which are not shown on the Local Plan Proposals Map, for example small housing sites.)

Ambient Noise Levels

The background noise level of the area surrounding a site.

Amenity

The pleasant, attractive, useful and other positive attributes of an area or neighbourhood all of which contribute to its general level of attractiveness and to the quality of life of its residents, visitors and employees.

Amenity Open Space

Managed open space, normally within residential areas, which enhances the setting of the surrounding houses, even though it may not be in active use or be publicly accessible.

Anchor Store

A large store such as a superstore, department store or variety store, that by its existence in a shopping centre attracts shoppers, who then are likely to use other smaller stores and services nearby. The large store thus metaphorically ‘anchors’ the smaller stores and services, and hence ‘anchors’ the shopping centre.

Area of Special County Value (ASCV)

An area which is designated in the County Structure Plan as particularly important in Cheshire because of the quality of its landscape, ecology, archaeology or history, and which merits protection from development. The ASCV in the Ellesmere Port and Neston Borough Local Plan is designated primarily because of its landscape value.

Areas of Flood Risk

These are defined by the Environment Agency. Information on areas of flood risk can be obtained from the Environment Agency or from the Drainage Section of the Borough Council.

Bus Gate

A barrier typically between two cul-de-sacs that can only be opened by authorised users such as buses and emergency service vehicles. Ellesmere Port and Neston Borough Local Plan 137

Definition of terms

Business Park

Sites with a high standard of development and landscaping, low density of development, and accommodating a mixture of business uses (including light industry, offices, or research and development) and small scale associated storage and distribution uses.

Business Uses

Offices, research and development of products, and/or industrial processes, which could be carried out in any residential area without detriment to the amenity of the area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust, or grit (Class B1 of the 1987 Town and Country Planning (Use Classes) Order).

Commuted sum

A sum paid by the developer to the local authority usually for the provision of a service related to the development which the local authority will then provide, for example, car parking, maintenance of open space, cycleways.

Comparison Goods

Goods that are purchased occasionally rather than every day, such as furniture, electrical items, clothing, shoes, DIY products and white goods. They are so named because comparisons between different products and shops are frequently made before the final purchase is undertaken. Sometimes described as durable goods. (See also Convenience Goods).

Conservation Areas

Areas within towns or villages, of special architectural or historic interest, the character of which it is desirable to preserve or enhance. Such areas are designated by the local planning authority under the Planning (Listed Buildings and Conservation Areas) Act 1990.

Convenience Goods

Goods such as food, tobacco, newspapers that are bought on a daily basis.

Development

Development is defined in Section 55 of the Town and Country Planning Act 1990 as:- “The carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.”

Development Plan

The development plan for an area comprises the relevant structure plan and local plan.

Development Brief

A document setting out principles on how a site should be developed for a specified use or uses. Typically it would include the proportion and location of different proposed uses on the site, density of development, building design and landscaping principles, phasing of the development, road access and layouts. While such a document has no formal statutory status, it often forms the basis for a planning application to the local planning authority; alternatively a local planning authority may grant planning 138 Ellesmere Port and Neston Borough Local Plan

Definition of terms

permission but on the condition that a more detailed development brief is produced for approval by the authority.

Environmental Appraisal

An evaluation of the environmental implications of a set of policies or proposals carried out as part of the development plan preparation process to ensure that such plans are as environmentally friendly as possible.

Environmental Assessment

An assessment of the potential environmental and socio-economic impacts likely to arise from a major development proposal. The Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 established a list of major projects for which an environmental assessment must be carried out. The Regulations also identify a second category of projects for which the Local Planning Authority may require an environmental assessment if it considers that the proposal might generate significant effects on the environment.

Fauna

The animal life of an area including mammals, birds, insects, reptiles and amphibians but not man.

Flora

The plant life of an area.

Green Belt

Land protected from development in order to prevent towns merging together, prevent urban sprawl, assist in urban regeneration and protect the countryside from encroachment.

Habitat

The natural home of an animal or plant.

Hazard Consultation Zones

An area around a hazardous installation within which the Local Planning Authority must consult the Health and Safety Executive on any proposals for new development.

Hazardous Installations

Installations in which hazardous substances are stored or handled at quantities in excess of those requiring notification to the Health and Safety Executive (as set out in the Planning (Hazardous Substances) Regulations 1992).

Hazardous Substances Consent

This is required for the presence of a hazardous substance at or above its controlled quantity. The Planning (Hazardous Substances) Regulations 1992 specify those substances which are hazardous and state the quantities for which consent is required. Application for hazardous substances consent should be made to the hazardous substances authority, which in this area is Ellesmere Port and Neston Borough Council. Ellesmere Port and Neston Borough Local Plan 139

Definition of terms

Health and Safety Executive (HSE)

The government body responsible for enforcing the relevant statutory provisions relating to the health and safety of employees and the general public affected by work activities.

Infilling

The filling of a small gap in an otherwise built-up frontage. (A small gap is one which could be filled by one or two houses).

Inset Village

A village enclosed by Green Belt. This is distinct from a ‘washed over’ village, which is included within the Green Belt.

Listed Building

A building or structure of special architectural or historic interest included in a list compiled by the Secretary of State for the Environment under the Planning (Listed Buildings and Conservation Areas) Act 1990.

Local Nature Reserves (LNRs)

Habitats of local significance designated by local authorities in consultation with English Nature, under the National Parks and Access to the Countryside Act 1949.

Loop Layout

A road layout in a residential area that enables buses to make a circuit of the development without having to turn round or retrace their route.

Mersey Forest

A partnership of nine local authorities, the Countryside Commission, the Forestry Authority and the private sector to create woodlands on suitable sites in the Mersey area. The project aims to provide opportunities for recreation, employment and nature conservation, transform derelict and underused land and improve the image of the area.

Mobility Difficulties

People may suffer from mobility difficulties if they are physically disabled, elderly, pregnant, or have children in prams or pushchairs.

Non-conforming Employment Uses

Theuse ofa building or site for employment uses in an inappropriate area.

Planning Obligations

An arrangement between the developer and local authority whereby the developer agrees to provide a benefit in order to make a proposal acceptable in land-use planning terms. The benefit may relate to land, roads or buildings other than those covered by the planning permission. Such arrangements must be secured through a legal agreement. 140 Ellesmere Port and Neston Borough Local Plan

Definition of terms

Planning Policy Guidance Notes (PPGs)

These notes are produced by the Department of the Environment to describe national planning policy and provide advice on planning matters. The guidance given constitutes a material consideration in the determination of planning applications.

PPGs produced to date are:

PPG1: General Policy and Principles PPG2: Green Belts PPG3: Housing PPG4: Industrial and Commercial Development and Small Firms PPG5: Simplified Planning Zones PPG6: Town Centres and Retail Developments PPG7: The Countryside - Environmental Quality and Economic and Social Development PPG8: Telecommunications PPG9: Nature Conservation PPG12: Development Plans and Regional Planning Guidance PPG13: Transport PPG14: Development on Unstable Land PPG15: Planning and the Historic Environment PPG16: Archaeology and Planning PPG17: Sport and Recreation PPG18: Enforcing Planning Control PPG19: Outdoor Advertisement Control PPG20: Coastal Planning PPG21: Tourism PPG22: Renewable Energy PPG23: Planning and Pollution Control PPG24: Planning and Noise

Potentially Polluting Development

Development which has the potential to pollute the environment through the release of substances which may cause harm to man or any other living organisms supported by the environment.

Regional Employment Site

A site identified in a development plan which meets the criteria for a Regional Employment Site, as set out in Regional Planning Guidance.

Regional Planning Guidance

Issued by the Department of the Environment after consultation with the relevant county councils and other local authorities to provide a framework for the preparation of structure plans. Regional Planning Guidance for the North West was issued in 1996.

Regionally Important Geological/Geomorphological Sites (RIGS)

Non-statutory sites identified by local conservation groups with the involvement of Local Authorities. Ellesmere Port and Neston Borough Local Plan 141

Definition of terms

Retail

Shops and also hairdressers, undertakers, travel and ticket agencies, post offices, drycleaners, sandwich bars, and domestic hire shops. The definition excludes banks, building societies, estate and employment agencies, professional and financial services, betting offices, restaurants, pubs snack bars, cafes, wine bars and shops for the sale of hot food, shops selling or displaying motor vehicles, launderettes, taxi or vehicle hire business, amusement centres and petrol filling stations. Essentially ‘Retail’ is class A1 of the Use Classes Order of 1987.

Retail Warehouse

Large single-storey stores specialising in the sale of household goods (such as carpets, furniture and electrical goods) and bulky DIY items, catering mainly for car-borne customers and often in out-of-centre locations.

Safeguarded Land

Land identified on the Proposals Map as an area which may meet longer term (post 2011) development needs and which is therefore protected from development during the current Plan period.

Scheduled Ancient Monument

A building, structure or work, designated by the Secretary of State for the Environment as being of historical, architectural, traditional, artistic, or archaeological interest under the Ancient Monuments and Archaeological Areas Act 1979.

Site of Biological Importance (SBI)

Sites of Biological Importance are recognised by Cheshire County Council, Cheshire Wildlife Trust and English Nature as being of importance for nature conservation in a county, district or local context on account of habitat, plant or animal communities, species, geology or physiography. The SBI system complements the series of nationally important sites designated as SSSI but does not receive statutory protection.

Site of Special Scientific Interest (SSSI)

An area of land which is designated by English Nature as being of special national interest by reason of any of its flora, fauna or geological or physiographical features.

Site of Nature Conservation Value (SNCV)

Sites identified by the local authority as being of local ecological and social value.

Strategic Wildlife Areas (SWAs)

Larger areas of general wildlife interest. These areas and the natural features within them, e.g. hedges, ponds and streams, act as reserves and links between areas of nature conservation importance.

Structure Plan

The Structure Plan sets out the broad framework for future development in a county. The detailed policies and allocations set out in Local Plans must conform to this framework. In this area the Structure Plan is prepared by Cheshire County Council. 142 Ellesmere Port and Neston Borough Local Plan

Definition of terms

Superstore

Single-level, self-service stores selling mainly food, or food and non-food goods, usually with more than 2,500 m2 trading floorspace, with supporting car parking.

Supplementary Planning Guidance

Guidance prepared by the local planning authority which amplifies in detail the principles set down in a local plan policy. Supplementary Planning Guidance is subject to public consultation but is not part of the statutory local plan.

Sustainable Development

Development which meets the needs of today without compromising the ability of future generations to meet their needs (Our Common Future, World Commission on Environment and Development, 1987).

Tandem Development

Development where one house is built behind or in front of another, sharing the same access.

Telecommunications Code Systems Operators

Operators who deliver a telecommunications service to the public and who are licensed to do so under the Telecommunications Act 1984.

Threshold Levels of Risk

Levels of risk which are sufficient to cause the Health and Safety Executive to advise against a proposed development being granted planning permission.

Traffic Calming

Physical measures constructed in a highway to slow down motorised traffic and make areas safer for pedestrians and cyclists.

Tree Preservation Order (TPO)

Special protection for a tree, group of trees or woodland area in order to preserve them in the interests of amenity. TPOs can be designated by local planning authorities under the Town and Country Planning Act 1990.

Use Classes Order

This refers to the Town and Country Planning (Use Classes) Order 1987 which specifies various uses for buildings and land and ascribes them to categories (classes). For example, shops are classed as A1 uses, general industry as B2 uses.

Vicinity of Hazardous Installations

Defined by the consultation zones surrounding hazardous installations set out by the Health and Safety Executive. Ellesmere Port and Neston Borough Local Plan 143

Definition of terms

Vitality and Viability

The factors by which the health of a town centre or local shopping centre can be measured.

Windfall Sites

Sites for residential development which are not allocated as such in the Local Plan but which come forward and receive planning permission during the plan period. 144 Ellesmere Port and Neston Borough Local Plan

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Plan Structure

The Borough Local Plan is arranged in four tiers. These are:

Top tier – Guiding Principle

This encapsulates the broad intent of the Local Plan. The Guiding Principle of the Local Plan is,

“to nurture development and land use which will improve the quality of life in Ellesmere Port and Neston Borough without causing long term social, economic or environmental harm to existing or future generations.”

Second tier - Plan Objectives

These spring from the Guiding Principle and are:

Third tier – Specific Aims

The more detailed aims of the Plan derive from the objectives identified in the second tier. These are arranged by topic and are set out in the introduction to each chapter.

Fourth tier – Local Plan Policies

The final tier is the policies themselves which all address part or all of at least one aim.

This structure should ensure that all aspects of the Guiding Principle are addressed and that all the policies contribute towards the Guiding Principle.

Measuring Progress

In order to measure progress on the Local Plan it is necessary to assess how far the aims of each chapter of the Plan are being achieved through the application of its policies. The measures that will be used to monitor the Local Plan are set out against each aim in Table1.

Information for Measurements

One of the main sources of information is planning applications which contain details including type of development, location, relevant policies, reasons for refusals and conditions on permissions. Other information collected includes data on housing (including sites available, completions and densities), on employment (including sites available and existing firms and their activities), and on retail (including existing provision and changes over time). Other sources of information are complaints about land-use matters, the weekly list of all development commenced and the housing waiting list. Ellesmere Port and Neston Borough Local Plan 145

Monitoring the Local Plan

Information from sources outside of the Borough Council includes property details from estate agents and the Annual Business Inquiry carried out by the Office for National Statistics.

The information obtained will be used to refine the policies, identify any needs for additional supplementary planning guidance and inform the process of preparing policies in the next Local Plan. An annual monitoring report will be prepared.

Measures to Monitor the Borough Local Plan

Local Plan Aims Measures Sources of Information Applicable Policies

General Policies

To ensure that new Good and bad examples of DC Officers, local GEN1, development preserves and new development in the knowledge, planning GEN4, where possible enhances the Borough. Refusals based applications. GEN7, existing environment and on the applicable policies. GEN8, amenity of the Borough. GEN12, GEN13.

To clarify how policies will be Confusions or difficulties in Development Control GEN2. applied and the priorities that using the Local Plan. officers. will operate in considering new Information/feedback uses on unallocated sites, and from applicants. to ensure that development does not conflict with or prejudice the implementation of Local Plan policies.

To safeguard land for future Inappropriate developments Planning applications GEN3. development needs. in safeguarded area.

To improve access for people New developments Planning applications GEN6, with mobility difficulties. incorporating access for TRANS1. those with mobility problems.

To ensure no detriment to the Permissions and refusals, Planning applications GEN7, visual amenity of the Borough conditions, location of new GEN8. from telecommunications telecommunications development. development.

To minimise the risk of criminal Number of applications Planning applications GEN5. activity by the appropriate where Policy GEN5 has design of new development. been used (e.g. in Committee/case reports) to secure better design to reduce criminal activity risks. 146 Ellesmere Port and Neston Borough Local Plan

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Local Plan Aims Measures Sources of Information Applicable Policies

To encourage the provision of Installation of new works of Planning applications GEN9. public works of art. art in public places.

To set down criteria against Permissions and refusals, Planning applications GEN10 which applications for new conditions, location of new power stations may be judged. power stations.

To encourage sustainable Development of more Planning applications GEN11 methods of energy generation. sustainable energy producing plant and decommissioning of old power stations.

To protect the best and most Amount of grade 1, 2, 3a Planning applications GEN13 versatile agricultural land from agricultural land lost to development. development.

Housing

To meet the strategic Housing completions Housing land records H1 requirement set out in the County Structure Plan.

To identify land for new housing New housing within walking Local Plans records (new H1, H1(1) – sites which can contribute distance of public transport, information will need to H1(8), H7 towards the objective of supplied with new public be collected). sustainable development. transport facilities and cycleways, on brownfield sites.

To encourage a mix of type, Variety of houses available, Housing land records, H1(1) – size and design of new housing problems with sales. surveys of estate agents H1(8), H4, across the Borough. details. H5.

To protect and enhance to Types of development (e.g. Planning applications H2 character of existing housing extensions, completed that H3 affordable and of a type are affordable in suitable for the special housing accordance with Policy H2 and of a type suitable for the Number/percentage of new special housing needs of the homes completed that are Borough. suitable for smaller households. Ellesmere Port and Neston Borough Local Plan 147

Monitoring the Local Plan

Local Plan Aims Measures Sources of Information Applicable Policies

Employment

To ensure that adequate land Allocations in Local Plan, Planning applications , EMP1, is available for new or take up of sites. Building Control records, EMP2, expanding businesses in the Economic Development EMP3, Borough. records. EMP4, EMP5A-C, EMP7, EMP8.

To ensure that the land Location of allocations, Environmental Health EMP1, available is easily accessible to provision of public transport records, Engineers & EMP2, local residents and can be links, location of potentially Highway Authority EMP3, developed without polluting, authorised or records. EMP4, environmental detriment to special industry. EMP5A-C, local residents or existing local EMP7, businesses. EMP8.

To ensure that, where possible, Amount of employment Planning applications. EMP2, previously used employment development on greenfield EMP7, sites are developed before and brownfield sites. EMP8. greenfield sites.

To ensure that the land Total area allocated. Strategic Authority. EMP1 allocations are in line with Employment Land strategic policies and land records. requirements.

To ensure, where practicable, Take up of sites by local Economic Development EMP1, that the expansion and/or companies. and Estates records. EMP2, development needs of local EMP3, companies are catered for. EMP4, EMP5A-C, EMP7, EMP8.

To promote the diversification New businesses setting up Economic Development EMP1, of local employment and in Borough, SIC of all & Estates records, EMP2, facilitate the attraction of new businesses. Annual Business Inquiry EMP3, businesses by allocating a (Office of National EMP4, Range of types of sites. Statistics). EMP5A-C, EMP7, EMP8. 148 Ellesmere Port and Neston Borough Local Plan

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Local Plan Aims Measures Sources of Information Applicable Policies

Green Belt

To prevent urban sprawl and Maintenance of Green Belt Planning applications GB1, GB4, assist urban regeneration by boundaries. Any large GB7. encouraging the reuse of land developments in Green Belt within towns. that could have been accommodated on an urban site.

To protect the valuable Maintenance of Green Belt Planning applications GB4, GB5, character of the Borough’s boundaries GB6, GB7, towns, villages and countryside. GB8, GB9.

To provide opportunities for This aim is addressed by appropriate sport and policies in the Recreation recreation. and Environment chapters

To protect access to the This aim is addressed by countryside. policies in the Recreation and Environment chapters

To secure nature conservation This aim is addressed by interests. policies in the Natural and Built Environment chapter.

Natural and Built Environment

To protect and enhance the Retention and loss of Planning applications ENV1, Borough’s urban, rural and valuable landscape ENV2, coastal landscapes. features/areas. ENV3, ENV4, ENV7, ENV8, ENV9, ENV10, ENV11, ENV12, ENV13, ENV16.

To protect and enhance those Results of applications on Planning applications ENV1, features which form the listed buildings, in ENV2, Borough’s built and natural conservation areas, SSSIs, ENV3, heritage. SBIs, nature reserves etc. ENV4, ENV5, ENV6, ENV12, ENV13, Ellesmere Port and Neston Borough Local Plan 149

Monitoring the Local Plan

Local Plan Aims Measures Sources of Information Applicable Policies

ENV14, ENV15, ENV16, ENV17.

To assist in the improvement of Monitoring as part of the OPSIS, Mersey and Dee ENV12 the quality of air, water and sea Mersey/Dee Estuary Estuary groups, in the Borough. projects, by the Environment Agency. Environment Agency and Environmental Health Dept.

To protect and enhance the Maintenance of existing and Planning applications , ENV1, Borough’s valuable wildlife creation of new habitats. Natural Asset Survey. ENV2, habitats. ENV3, ENV4, ENV5, ENV12.

To protect, enhance and extend Loss, protection or creation Planning applications. ENV8. green networks in the Borough. of green spaces.

Hazard and Pollution

To protect residents, Local Plans records HAZ1, HAZ2, HAZ3, employees and visitors from HAZ4, GEN12. increased risk.

To minimise the amount of land Local Plans records HAZ1 constrained by hazardous installations.

To protect and allow the Employment, retail and Planning applications HAZ2 development of the local tourism development economy. decisions in consultation zones.

To protect areas within All development decisions Planning applications HAZ2 consultation zones from blight. in consultation zones and reasons for decisions. 150 Ellesmere Port and Neston Borough Local Plan

Monitoring the Local Plan

Local Plan Aims Measures Sources of Information Applicable Policies

Recreation and Tourism

To protect and enhance Protection or loss of Planning applications , REC1, recreation facilities in the facilities, provision of Community Leisure REC3, Borough. ancillary facilities eg Department records. REC4, changing rooms, floodlights. REC5, REC6, REC7.

To encourage the provision of New facilities established. Planning applications , REC2, new recreation facilities, Community Leisure REC3, particularly in locations and for Department records. REC7. groups of people where a shortage is identified.

To encourage tourism in the New tourism facilities, Planning applications , REC9, Borough whilst ensuring that conditions on approvals, Community Leisure REC10 such visits and developments reasons for refusals. Department records. do not cause harm to the environment or undue disruption to residents.

Town Centres and Shopping

To enhance the vitality and Vitality and viability Local Plans records SHOP1, attractiveness of the two town measures as in PPG6 etc. (updating of existing SHOP2, centres, Westminster, Whitby, eg attractions, accessibility, retail studies) SHOP4, Great Sutton and Little Sutton. amenity. SHOP5, SHOP6, SHOP7.

To make provision for the Take up of vacant units, Local Plans records SHOP1, expansion and diversification types of goods sold, new (updating of existing SHOP4, of the shopping function of units built. retail studies) SHOP7. Ellesmere Port.

To encourage the Establishment of shops in Planning applications, enhancement and improved small neighbourhood periodic surveys of vitality of small neighbourhood shopping centres, shopping areas. shopping centres. maintenance of existing shops. SHOP3. Ellesmere Port and Neston Borough Local Plan 151

Monitoring the Local Plan

Local Plan Aims Measures Sources of Information Applicable Policies

To encourage the Establishment of shops in Planning applications establishment of local shops in residential areas. new housing areas.

Transport

To reduce the number and Increased use of public CCC surveys and TRANS1, length of motorised journeys. transport, reduced traffic information, Highways TRANS3, flows. department traffic TRANS4, surveys. H7.

To extend the network for and New bus shelters, routes, Highways Dept. records, TRANS1, promote the use of public bus gates, information planning applications. TRANS4, transport, walking and cycling. systems etc., new H7 cycleways, access and improvements for pedestrians in new developments.

To secure better access to Provision for buses, cycles, Planning applications TRANS1, developments for all pedestrians in new TRANS4, appropriate forms of transport. developments. H7.

To secure better access for the Provision for those with Planning applications, GEN7 disabled and those with mobility mobility difficulties in new feedback from Disabled difficulties. developments. Persons Consultative Committee.

To secure the provision of Any new links, extensions, Planning applications TRANS2. transport infrastructure which improvements to existing is necessary to assist with the railways, docks, roads etc. economic regeneration of the Borough.

To limit the environmentally Pollution attributable to OPSIS, Environmental TRANS1, damaging effects of transport, traffic sources, Health records, TRANS2, in particular road transport. land/buildings lost to Highways department TRANS3, development for transport records. TRANS4. infrastructure.

To promote freight transport by Traffic movements arising Planning applications TRANS3. rail, commercial waterway and from freight transport. pipeline and to protect such 152 Ellesmere Port and Neston Borough Local Plan

Monitoring the Local Plan

Local Plan Aims Measures Sources of Information Applicable Policies

infrastructure where possible for potential use in the future.

To specifically support Improvements supported. Local Plans records. improvements to rail transport within and beyond the Borough.