Version Number: 1.1 Select Destination of Report Report Title: Adoption of the Cheshire East section of the Chester Canal (Shropshire Union Canal Nantwich to Ellesmere Port) as a designated Conservation Area Portfolio Holder: Cllr Ainsley Arnold, (Housing Planning and Regeneration) Senior Officer: Frank Jordan Executive Director of Place 1. Report Summary 1.1. This report seeks approval for the section of the Chester Canal located within Cheshire East to be adopted as a conservation area. 1.2. The entire canal leads from Ellesmere Port to Bridge 92, Nantwich Junction Bridge/Nantwich Marina, a total length of approximately 28 miles. It was constructed when the Chester Canal Act was passed in 1772 and is the earliest part of the present day Shropshire Union Canal and one of the earliest main line canals built as a broad beam canal making it a unique part of this extensive and attractive canal. 1.3. Cheshire West and Chester Borough Council have already adopted the conservation area for the stretch of canal within their Borough. Within the Cheshire East area the proposed conservation area extends from the Borough boundary midway between Tilestone Bank and Bunbury Locks, then running east and south to the north west of Nantwich, a distance of approximately 6.5 miles. It passes through the parishes of Alpraham, Bunbury, Calveley, Henhull, Hurleston, Poole, Stoke and Wardle. The Overview Plan in Appendix A shows the extent already adopted by Cheshire West and Chester (blue) and that proposed to be adopted by Cheshire East (green). 1.4. The proposed conservation area was consulted upon in the summer of 2016. Representations received were taken into account in finalising the proposed conservation area. Those changes led to the omission of a section of the canal between Bridge 92 (Nantwich Junction Bridge) and Marsh Lane to the west of Nantwich in response to comments made by the Canals and Rivers Trust. OFFICIAL 1 2. Recommendations 2.1. Approve the designation of the Chester Canal as a conservation area; 2.2. Authorise the relevant officer of the Council to notify the Secretary of State for Digital, Culture, Media and Sport and Historic England of the designation and to advertise the designation in the London Gazette and a local newspaper in the area as required by Section 70 of the Planning (Listed Buildings and Conservation Areas) Act 1990. 3. Reasons for Recommendations 3.1. Local planning authorities are obliged to designate as conservation areas any parts of their area that are of special architectural or historic interest, the character and appearance of which it is desirable to preserve, and to review them from time to time. There is robust evidence to demonstrate the Chester Canal’s special interest and the Council has ensured that the process that has been undertaken to achieve designation complies with the legal requirements. 4. Other Options Considered 4.1. Not to designate the Chester Canal as a conservation area. However, it should be noted that the benefits of collaboration between the voluntary and private sector and the Council has resulted in a shared pooling of specialist resources. 4.2. The canal conservation area proposals and recommendations set out in the Character Appraisal have established common goals and objectives and the designation is supported by the community, in particular those who use the canal. Designation also fits in with the Council’s corporate objectives. 4.3. It should also be noted that Cheshire West and Chester has already adopted the section of canal which lies within its administrative area. 5. Background 5.1. Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 places a statutory duty on the Council to determine which parts of their area are areas of special architectural or historic interest, and the character OFFICIAL or appearance of which is desirable to preserve or enhance. Those areas should be designated conservation areas. 5.2. The National Planning Policy Framework (NPPF) 2012 provides guidance on conservation areas and heritage assets. A conservation area comes within the definition of a “heritage asset.” Paragraph 127 of the NPPF provides that: 5.3. "When considering the designation of conservation areas, local planning authorities should ensure that an area justifies such status because of its special architectural or historic interest…" 5.4. There are currently 76 conservation areas located in the Borough of Cheshire East, including 2 significant canal conservation areas, the Trent and Mersey and the Macclesfield Canals. 5.5. The proposed area is a linear canal corridor approximately 28 miles long. It abuts the Ellesmere Port Docks conservation area within the borough of Cheshire West & Chester and ends at Bridge 92/Basin End (Nantwich Marina) in Cheshire East. The stretch within the Cheshire East administrative boundary includes the parishes of Alpraham, Bunbury, Calveley, Henhull, Hurleston, Poole, Stoke and Wardle as identified in Appendix A) 5.6. Conservation Area character appraisals are recommended to be undertaken in order to assess the special character of the proposed conservation area. The conservation area's special interest is described in detail in the Chester Canal Conservation Area Character Appraisal dated November 2017 (Appendix B). This document describes the extent and the boundary of the conservation area and also identifies the features of architectural and historic interest that are considered to make the area special (its significance). It is unique for being one of the earliest broad beam canals built to provide a link from the port of Chester to the salt towns of Cheshire. The appraisal includes a set of recommended management proposals that are balanced in terms of economic, social and environmental considerations. Detailed gazetteer plans showing the section within Cheshire East are included as Appendix C. The process undertaken in assessing the conservation area 5.7. The Appraisal was initially prepared by the Chester Canal Heritage Trust and has since been considered, reviewed and updated with input from conservation officers from Cheshire West & Chester Borough Council, Cheshire East Borough Council, The Canal and River Trust and other interested parties. OFFICIAL 3 5.8. There is no statutory requirement for local planning authorities to consult before a conservation area is designated. However, Historic England advise local planning authorities to consult as widely as possible and therefore to ensure compliance with good practice the Council have carried out a public consultation that took place in 2016 as part of the designation process. The consultation was undertaken by Cheshire West and Chester Borough Council on behalf of the Chester Canal Heritage Trust and Cheshire East Council. 5.9. The principle of designation has been publically supported at an informal level for some time. The Chester Canal Heritage Trust carried out informal consultations at the National Boat Campaign Festival which they hosted in Chester at the beginning of June 2014. During that time they also consulted informally with all of the Parish Councils affected by the proposed designation. 5.10. Formal consultation ran from 27th June 2016 to 18th September 2016. Information was made available on the websites of both Cheshire West and Chester Council and Cheshire East Council, email notifications were sent to Parish Councils and other consultees and a press release was published in local newspapers. 5.11. Forty seven replies were received to the consultation questionnaire. The majority supported the designation and there was a desire to preserve and enhance the canal and its high amenity value was recognised. In summary, the comments were: - importance as a beautiful, attractive wildlife corridor - importance for leisure activities and health and wellbeing - historical and heritage value to be saved for future generations - provides a calm oasis and safe travel route; and - economic importance, providing jobs and attracting visitors. 5.12. There was one person who opposed designation, but did not explain why. 5.13. The Canal and River Trust provided a written response questioning the inclusion of a section of the canal to the west of Nantwich between Marsh Lane Bridge and Bridge 92 Nantwich Junction Bridge/Nantwich Marina. After due consideration the appraisal was revised to address their comments, included omitting this section of the canal from the proposed conservation area. 5.14. Whilst this thorough approach extended the process, it has ensured effective engagement, detailed consultation and a robust designation. OFFICIAL 5.15. The Council is required to co-operate on strategic planning and conservation matters that may have implications cross-boundary. This duty has been fulfilled by ensuring that ongoing engagement has taken place with neighbouring local planning authorities, statutory consultees and amenity societies. Cheshire West and Chester Borough Council have already adopted the section of canal within its administrative area. 6. Implications of the Recommendations 6.1. Policy Implications 6.1.1. Conservation of the historic built environment cuts across several of the Council’s corporate policy priorities; not least outcome 4 Cheshire East is a Green and Sustainable Place. 6.1.2. Policy SE7 Historic Environment of the Cheshire East Local Plan Strategy identifies the importance of positive management of the Borough’s historic built environment and how it contributes to our unique sense of place, the quality of our environment and the quality of life experienced by residents. 6.1.3. Policy EG 2 Rural Economy seeks to support and reinforce the local rural economy by promoting sustainable diversification and promoting tourism and local businesses 6.1.4. Policy EG 4 Tourism seeks to protect and enhance visitor attractions and their settings and promoting new opportunities for tourism in the historic and natural environment and by improving access to natural and historic landscapes. 6.1.5. Policy SC3 Health and Wellbeing promotes safe, healthy and fulfilling lifestyles. 6.2. Legal Implications 6.2.1.