Chapter 3

 

The Environment

 

Introduction

3.1 Central Government advice stresses the need for environmental considerations to be at the forefront of the development plan process. It is now vitally important to ensure that such matters, in the widest sense, are taken into account on a comprehensive and consistent basis and permeate all aspects of any plan.

3.2 Local planning authorities are also required to demonstrate that more recent environmental concerns such as global warming and the consumption of non-renewable resources are reflected in the policies and proposals set out in their plans.

3.3 Environmental concerns must increasingly weigh in the balance of planning considerations and reflect the increased public awareness and value that people now place on the environment.

3.4 Current legislation states that development plans must include policies to:

• conserve the natural beauty and amenity of land
• improve the physical environment
• manage traffic

3.5 Such plans must also be based on the principle of sustainability, i.e. they must make adequate provision for development and, at the same time, take account of the need to protect the natural and built environment. This means that development in the short term should meet present needs without compromising the ability of future generations to meet their own needs.

3.6 The Council attaches great importance to the consideration of environmental matters. It is committed to protecting and improving the environment locally, as well as making a contribution to improvements at the global level, including a reduction in the consumption of non-renewable resources. It has, therefore, had regard to environmental considerations and the principles of sustainable development at all stages in the preparation of the Local Plan.

 

Environmental Policy Appraisal

3.7 At the time of preparing the Local Plan, Central Government advised each council to undertake an Environmental Appraisal of all its policies and proposals. Such an appraisal was designed to be an integral part of the development process and provide the mechanism to assess the overall environmental effects of the policies and proposals.

3.8 The Council has carried out an appraisal of the policies and proposals contained in the Local Plan and this is summarised in a separate document entitled: "Chester District Local Plan – Environmental Appraisal of Policies and Proposals". The main conclusions of this appraisal are set out at the end of each chapter of the Written Statement.

 

Format of this Chapter

3.9 This chapter deals with various aspects of the built and natural environment, including the Green Belt, as listed below:

Section A: Local Agenda 21

Section B: Sustainable Development

Section C: Urban Design

Section D: Urban and Rural Landscape, including The Green Network

Section E: Nature Conservation

Section F: Archaeology

Section G: Conservation Areas

Section H: Listed Buildings

Section I: Advertisements, Shop Fronts, Blinds and Security Shutters

Section J: Energy Conservation

Section K: Pollution

Section L: Hazardous Installations

Section M: Mineral Extraction and Waste Disposal

Section N: Green Belt

Section O: Telecommunications

Section A: Local Agenda 21

3.10 Chester City Council has endorsed the international promise to protect and improve the Earth's environment. The Earth Summit in Rio in June 1992 established a global environmental agenda for the 21st century called Agenda 21. The implementation of much of this agenda depends on action at the local level. Many of the problems and solutions being addressed in Agenda 21 have their roots in local activities and, therefore, the participation and co-operation of local authorities, such as Chester City Council, is a determining factor in fulfilling these objectives.

3.11 Local authorities are major players in the local economy; they manage or control important aspects of the local environment and can strongly influence the environmental behaviour of others. Local Agenda 21 involves combining the existing, traditional policies of local authorities with more innovative measures to link global and local issues and setting out how local authorities can help to achieve sustainable development.

3.12 Many of the key elements of Local Agenda 21 are already in operation in Chester City Council and other authorities across the country. The key elements are:

• managing and improving the local authority's environmental performance
• integrating sustainable development aims into the local authority's policies and activities
• awareness raising and education
• consulting and involving the general public
• partnerships
• measuring, monitoring and reporting on progress towards sustainability

3.13 The Chester District Local Plan has a commitment to sustainability and seeks to encourage progress in each of the six areas of action set out above.

Section B: Sustainable Development

3.14 In 1987 the World Commission on Environment and Development (the Brundtland Commission) defined sustainable development as:

3.15 "Development which meets the needs of the present without compromising the ability of future generations to meet their own needs."

3.16 Sustainable development seeks to deliver the objective of achieving, now and in the future, economic development to secure higher living standards while protecting and enhancing the environment. The Government is committed to the principles of sustainable development, as set out in “A Better Quality of Life – A Strategy for Sustainable Development for the UK” (1999).

3.17 The Strategy recognises the important role of the planning system in regulating the development and use of land in the public interest.  A sustainable planning framework should be based on the following principles:

• provide for the nation's needs for commercial and industrial development, food production, minerals extraction, new homes and other buildings, while respecting environmental objectives
• use already developed areas in the most efficient way, while making them more attractive places in which to live and work
• conserve both the cultural heritage and natural resources (including wildlife, landscape, water, soil and air quality) taking particular care to safeguard designations of national and international importance
• shape new development patterns in a way which minimises the need to travel

3.18 In drawing up their development plans and making decisions on planning proposals, local planning authorities are required to secure the sustainable planning principles set out above. These principles also reflect the objectives of “A Better Quality of Life”, the Government’s strategy for sustainable development.

3.19 Urban regeneration and the re-use of previously-developed land are important supporting objectives for creating a sustainable pattern of development.

3.20 In May 1994, in a major step towards achieving sustainability, Chester City Council became a signatory to the Sustainable Cities Campaign. This initiative was launched by the European Commission in 1993 and is concerned with the capacity of local governments to deliver sustainability. Working towards sustainability requires a fresh look at existing policies and mechanisms and a strong set of principles on which environmentally sound action can be based.

3.21 The first report of the Sustainable Cities Campaign does not suggest blanket solutions for environmental sustainability in all cities. Instead it advocates the provision of frameworks within which cities can explore innovative approaches appropriate to their local circumstances, capitalising on traditions of local democracy and professional expertise.

3.22 The European initiative views the city as a complex, interconnected and dynamic system. It also considers cities as both a threat to the natural environment and an important resource in their own right. The challenge is to solve both the problems experienced within the cities themselves and the problems caused by the cities.

3.23 Local governments throughout Europe, through their many and varied roles, are now in a strong position to advance the goals of sustainability. Having signed the Sustainable City Charter, Chester City Council recognises the importance of effective land-use and development planning policies in relation to sustainability and the Local Plan is a key element in achieving the goals of the campaign.

 

Policies and Proposals

Policy ENV 1

Proposals will be permitted where they are in accordance with the principles of sustainable development. Where these involve economic development, they will be permitted where they secure higher living standards, protect and enhance the environment.

Reason/Explanation

To reflect Government Guidance regarding the need for local planning authorities to incorporate principles of sustainable development into their development plans.

 

This policy has to be read in conjunction with policies GE 1-7 in the Statement of Strategy chapter and any other relevant policies/proposals in the Plan.

Section C: Urban Design

3.24 This section deals with urban design. The objectives of urban design as defined in the Government’s “By Design: Better Places to Live” are:

• Character: A place with its own identity
• Continuity and Enclosure: A place where public and private spaces are clearly distinguished
• Quality of the Public Realm: A place with attractive and successful outdoor areas
• Ease of Movement: A place that is easy to get to and move through
• Legibility: A place that has a clear image and is easy to understand
• Adaptability: A place that can change easily
• Diversity: A place with variety and choice

3.25 New development in Chester, necessary for the economic success of the District and to satisfy future needs, will be encouraged in areas where it would be beneficial, but it is vital that such development achieves the highest standards of design, respects the discipline dictated by the existing townscape, and contributes positively to the overall character of the urban area and rural settlements.

3.26 The aim of the urban design policies are to encourage good and appropriate design matching the quality of the built environment of the past which has given Chester its special character.

3.27 The following design criteria will not be used to stifle creative expression, but rather to develop awareness of context and to encourage sensitivity to the townscape.

3.28 Design quality presupposes fitness for purpose. It also means constructional efficiency, long lasting materials, environmentally responsive servicing and sensible maintenance costs. It is not a matter of building styles or fashions.

3.29 Given the unique townscape of Chester and its rural settlements, there is a continuing need for design guidance covering specific areas and issues.  The Council has published guidance covering:

• Shopfronts
• Advertisements and Banners
• Satellite Dishes
• Doors and Windows
• House Extensions
• Telecommunications
• Re-use of Rural Buildings
• Planning for Community Safety

3.30 In addition the Council will publish more detailed guidance covering urban design and will produce Design Briefs for all the major development sites to ensure that the urban context is fully appreciated and the design potential realised.

3.31 The policies in this section apply throughout the District relating to the city centre, the rest of Chester outside the centre and the rural settlements. Each policy is based on respecting the existing context and is, therefore, capable of being applied in a variety of situations. There are, however, some specific policies which only apply to the city centre. Reference is made to relevant policies in other parts of the Plan where appropriate.

3.32 Good design should be the aim of all involved in the development process. The built environment should be responsive to the needs of those who use it, whether they live or work there or are visitors. Good design should maximise and make clear the choice of uses, routes and possible experiences. Urban design should ensure that new development respects its surroundings and contributes positively to the overall character of an area.

3.33 Some redevelopment schemes in the past have adversely affected the character, and particularly the skyline, of the city, e.g. Commerce House, Moathouse Hotel and Hamilton House. These are not to be used to set the precedent for future development. The Council will identify poor buildings and development schemes and other areas which it feels are ready for redevelopment.

 

Policies and Proposals

 

Local Setting and Context

3.34 The District is made up of areas of distinct character. It is necessary to understand the character of each area, and respect the nature of the surrounding fabric in order that new development will become a valued addition to the townscape. The relationship between the building and its setting should be given particular attention in the design of any proposal for development.

Policy ENV 2

New development will be permitted provided that it is designed to respect its surroundings and contribute positively to the character of the area, having particular regard to the prevailing layout, urban grain, landscape, density and mix of uses, scale and height, massing, appearance and materials.

Reason/Explanation

The appearance of proposed development and its relationship to its surroundings are material considerations in the determination of planning applications. Particular weight should be given to the impact of development on existing buildings and the landscape in environmentally sensitive areas.

 

New development should respect but not necessarily mimic the character of its surroundings. Whilst it is not appropriate to reproduce characteristics, it is necessary to respond to local context to reinforce local identity and sense of place.

 

The Council will reject poor designs that are inappropriate to their context, out of scale or incompatible with their surroundings.

 

In some cases it may be desirable to depart from the contextual fabric where it is weak or of poor quality in order to provide a more coherent fabric and a new focus to a run-down area. However much of the city's historic fabric remains intact and development should relate to and reinforce the established plan and built form of its surroundings. The urban form within the historic city, particularly within the walled area, must be respected to maintain the relationship in height, scale and visual rhythm between landmark buildings, buildings on the historic main streets and those on secondary streets, and the traditional street pattern. There are many streets and areas within the city, and many villages where areas of distinctive character exist, e.g. Georgian streets, terraced streets, estate villages.

 

Large scale monolithic developments are not considered appropriate within the historic city or where they would affect its setting. Buildings of more than four storeys in areas where there is no overall pattern of height will not be permitted.

 

Any development within conservation areas, which includes the city centre, will have to comply with the Conservation Area Character Assessments which identify the main characteristics and qualities of local areas or whole conservation areas.

 

Applications will be expected to provide information relating to:

 

• existing site levels
• street or building line
• height and scale of adjoining buildings
• detailed design of existing buildings where extensions or alterations are proposed

The Council considers that the following are particularly important aspects of urban design, and it will have special regard to these aspects when assessing planning applications:

 

• urban grain – the relationship of solid (buildings) to void (spaces between buildings) – see also policy ENV 3
• plot size
• street patterns and frontages – see also policies ENV 4, ENV 5 and ENV 6
• skylines and strategic views – see also policy ENV 8
• open space – see also policies in Section D: Urban and Rural Landscape

The Council will expect a master plan for large-scale development before any part of it is approved.

 

Public Spaces and Squares

3.35 Public spaces and squares perform a critical role in humanising the built environment and providing a setting for human activities, public art, or landmarks. They also maintain the historic grain and character of the city and rural settlements.

Policy ENV 3

Development proposals will only be permitted where they preserve or enhance existing open spaces which contribute positively to the character or appearance of the area. Where possible development schemes will include the creation of new open spaces.

Reason/Explanation

The appearance and treatment of the spaces between and around buildings is of great importance. Spaces should not become "empty spaces" with no purpose and insufficient maintenance. To ensure the success of spaces, clear functions need to be attached to them and aftercare considered and resourced.

 

Opportunities should be taken to create spaces at suitable locations within larger development proposals. This will help break the mass of the built development, ensure access for the public to large sites and help maintain the historic grain of the built environment.

 

Where appropriate, having regard to the nature of the proposal and the locality, the Council will encourage new open spaces within development schemes and require that they respect the character of the locality, are functional, aesthetically pleasing and economical to maintain.

 

 

Façades of Development

3.36 The Council will encourage maximum activity along façades where appropriate in all new development. This is achieved through limiting dead wall space, maximising the number of entrances into buildings and layouts, encouraging a mix of uses and providing the framework for a robust public realm where a variety of uses can be supported within the street/open space.

Policy ENV 4

Development adjoining public spaces or thoroughfares which provides positive and attractive built frontages and respects the scale of the space will be permitted.

Reason/Explanation

Building façades play a key role in providing for lively spaces and streets. The built edge is the interface between buildings and the street or spaces; it is the link between the public and private realm. It is, therefore, a key to defining the character of the space and should be of a high quality, both physically and visually, easily understood and provide the maximum amount of choice for all who are to use it.

 

Accessibility/Permeability

3.37 The Council aims to provide a quality built environment that is well designed. An important factor is ensuring that people have the maximum choice of, and can easily understand, the variety of routes through settlements. This can be aided by interpretation material but is also dependent on the design, location and expression of buildings.

Policy ENV 5

Development which would result in the loss of streets, lanes and courts, or an alteration to their widths or alignments will be permitted only where it enhances or preserves the historic integrity of the urban grain or plan form of the settlement.

Reason/Explanation

All new development is expected to contribute positively to the urban grain or plan form of settlements. Historic patterns and routes should be respected and enhanced where appropriate. The public realm should be rich in the opportunities it offers, with clear and well designed routes that are open to the public at all times

 

Policy ENV 6

Reason/Explanation

The design of new development should promote the legibility and permeability of the public realm.

 

Legibility describes the extent to which a development is easy to understand. The Government’s Good Practice Guide “By Design” promotes the legibility of new development through good urban design. This can be achieved by:

 

• enhancing existing views and vistas and creating new ones to help people find their way around
• siting and designing buildings to reinforce the identity and character of the routes and spaces they serve (for example by locating community buildings around public spaces)
• designing corner buildings to create visual interest and points of orientation
• using detailing to reinforce local character and to distinguish between main roads and lesser routes (for example by the design of shopfronts, building entrances, paving, signage and lighting)

Permeability describes the extent to which a development provides a variety of safe and convenient routes for pedestrians, cyclists and vehicles. New development should help to create a network of spaces and routes which:

 

• enhances existing movement patterns (for example, by creating new routes based on established footpaths, shortcuts and roads)
• minimises walking distances between major land uses and public transport facilities
• ensures activity at street level and views out into the public realm to promote public safety by natural surveillance

In accordance with policy GE 2, consideration should also be given to the need to provide suitable access to development for people with disabilities.

Policy ENV 7

New developments in and adjoining Chester city centre will only be permitted where they have regard to its historic character, intrinsic features and landmarks.

Reason/Explanation

New buildings in Chester should incorporate features which reflect the city's intimate character. Such features add to the character and townscape qualities of the historic city, providing the basis for appropriate development in the urban area. These features can help people orientate themselves within the urban area and find their way around.

 

Street Design

3.38 The Council will seek the highest quality of design, materials and furniture in the treatment and finish of the streets and spaces in the District's settlements to reflect their character and townscape.

3.39 The Council will expect due care and consideration in the reinstatement of street surfacing after work in the city centre and other conservation areas by statutory undertakers and other agencies. The same materials should be reinstated where possible and all historic materials should be reused.  Piecemeal and ad-hoc replacement of street surfacing provides a poor finish and a distracting element within the townscape. Where there is a quality and coherent finish the Council will require that it is returned to its former standard and appearance after work.

3.40 Highway standards are important in providing a safe and usable environment. However, the associated signage, markings and street furniture such as lights and boxing can have a detrimental effect on the environmental quality of an area cluttering the townscape and standardising its appearance.

3.41 The Council will promote original and innovative use of traffic regulations in the city centre and other conservation areas to encourage signs, markings and associated street furniture which have a minimal effect on the environmental quality of an area.

3.42 The Council will encourage the use of quality signs and other street furniture which reflect a sense of place and help strengthen the individual character of the urban area and the District.  The Council will discourage unnecessary signage, markings and street furniture and promote the rationalisation of existing ones.

 

Views, Viewpoints and Landmarks

3.43 Local identity is often dependent on views of landscape features or built form.  Views out to the countryside or in from the edge are particularly important to the image of Chester, or the villages within the rural area.

3.44 Opportunities may exist to enhance or create views through new development.  The Council will look favourably on applications which show how this will be achieved. The redevelopment of poor or out of scale buildings could improve both local views and more strategic ones of the historic city centre.

Policy ENV 8

New development in Chester city which would obscure important views or lessen the visual impact of historic buildings, landmarks or landscape features through excessive height, mass or bulk or through the development of key open spaces which provide views through, frame views or provide a setting for them will be refused.

Reason/Explanation

New development should contribute positively to views and not obscure, or provide an inappropriate setting for key buildings or landscape features.

 

Landmark buildings and features provide orientation within Chester and are important at both a strategic and local level.  They are relatively limited in number and tend to occupy strategic locations such as corners, road junctions, termination of vistas and summits.  Existing landmarks should be protected and enhanced. New development should not detract nor compete with existing landmarks in terms of height, bulk or level of detail and views of them should not be disrupted.

 

The roofscape is an important factor in defining the skyline of the historic city due to the topography of the settlement.  The roofscape reflects the historic fabric and provides a wealth of interest and should be a key element in the design of any new development.

 

The Council will support and encourage the creation of suitable landmarks within new development provided that this is in accordance with the surrounding townscape network and would be a valued addition to the local and broader street scene.  Where appropriate new landmark buildings, public art, sculptural landscape elements or specific trees can help strengthen the character and identity of Chester and contribute in a positive manner to its townscape quality.

 

Street elevations predominantly function as "background", providing the context within which the landmarks stand out. New development should similarly follow this hierarchy – it will only be appropriate to create landmarks at particular points in the townscape so as to provide structure and shape to the urban area.

 

Key views and landmark buildings in Chester city centre are shown on Figure 3a.  This identifies landmark buildings and their immediate zones of influence as well as key skyline groupings and key view edges.

 

Figure 3a also identifies the key elements which form the main views within, into and out of Chester city centre.  In assessing the effect of development on views Figure 3a will inform whether development will obscure views or become an inappropriate element within them.

 

The landmark buildings identified in the Key Views Diagram are as follows:

 

A. The Castle

 

B. The Cathedral

 

C. The City Walls and Gates

 

D. The Eastgate Clock

 

E. Grosvenor Bridge

 

F. The Guildhall

 

G. The Heritage Centre

 

H. Lead Shot Tower

 

J. Mill Hotel

 

K. Northgate Church

 

L. The Old Dee Bridge

 

M. Queens Park Suspension Bridge

 

N. Railway Viaduct over the River Dee

 

O. St John’s “The Baptist” Church

 

P. St Mary’s Centre

 

Q. St Mary’s Church, Handbridge

 

R. St Paul’s Church, Boughton

 

S. The Steam Mill

 

T. The Town Hall

 

U. Water Tower, Boughton

 

V. Water Tower, Handbridge

 

(See also Policy ENV 12 in this section and Policy ENV 38 in the Conservation Areas section.)

 

Key Outward Views

1. Ring road to welsh hills (Clwydian Range)

2. City Walls to Tower Wharf and Canal Basinsp

3. City Walls to golf course & welsh hills beyond

4. George Street along Canal Corridor

5. Cow Lane Bridge along Canal Corridor

6. City Walls to Roodee & Curzon Park Villas, & railway viaduct

7. Grosvenor Park to the Meadows & Dee Banks / Sandy Lane

8. Richmond House garden to Meadows & Dee Banks

9. City Walls to Handbridge

Key Inward Views

10. Sealand Road to city skyline

11. Cathedral and city from Victoria Road

12. Cathedral and city from Hoole Way

13. Cathedral and city from Boughton

14. Handbridge, city skyline, Meadows & Riverbank Terraces from recreation area

15. Handbridge, city skyline, Meadows & Riverbank Terraces from the Red House pub

16. Old Dee bridge & city from Handbridge approach

17. Roodee & city skyline from Grosvenor Bridge

18. Roodee, City Walls & skyline from footbridge & railway viaduct

19. Roodee & into city along Northgate Street to Town Hall Square

Figure 3a - Key views and landmark buildings in Chester

 

Uses and Activities

(See also chapters on Housing and Transport)

3.45 In order that the built environment is to have vitality and provide the maximum amount of choices to those that use it, it is important that the uses and activities within the buildings and spaces are appropriate and provide a variety of possible experiences.  Different uses are appropriate for different locations, and the applicant will be expected to relate proposals to the surrounding pattern of uses and character of the area.

3.46 The Council will encourage mixed-use development of activities which contribute positively to the environmental character of an area, create vitality and diversity and reduce the need to travel.  Within the city centre the Council will require a mix of uses and planning permission will only be given for new development or change of use which contributes positively to the variety of uses available.  Elsewhere in the Plan area, large development schemes will be expected to have a mix of appropriate uses.

3.47 A variety of uses will create a more varied and lively built environment. In order to achieve a vibrant and lively city it is key to gain the maximum variety of appropriate uses and to ensure that these can support activity throughout the day and night. This will provide maximum opportunities for those who use the city.

3.48 Through promoting mixed-use development the Council is also supporting its sustainability objectives through providing a variety of uses in close proximity.

 

Architectural Expression

3.49 Though buildings must respect their context it is also crucial that they have integrity and a quality of their own. This is achieved through their architectural design and the composition of elements within the façades and roofscape. The Council will encourage innovative interpretation of Chester's built form and fabric.

3.50 Particular attention should be given to the overall balance of elements in the façades and the treatment of the roofs. The building itself should have integrity reflecting its use and the internal subdivisions. The Council will discourage superfluous ornament on buildings.

3.51 The Council does not wish to stifle architectural expression and indeed wishes to encourage new and innovative design in the built environment.  However new development must respect its context and comply with the criteria set out in the design policies above, particularly Policy ENV 2 in this section.

3.52 Good design can help lessen the effect of unavoidable large buildings and is just as important for industrial development as it is for city centre buildings. The use of superfluous ornament is unnecessary if the building is well designed and the Council will discourage the use of inappropriate decorative elements, e.g. clock towers on retail sheds.

3.53 The Council will encourage architectural competitions for development within the District as a means of achieving a high standard of design.

3.54 The Council will expect new buildings to be robust and adaptable in order to provide a building stock that is capable of accommodating change.  Buildings should be fit for their purpose and be adaptable to their users’ requirements without disrupting their appearance.  This is particularly important in respect of retail premises, commercial buildings and other workspaces where changing work patterns could affect future use.

 

Materials

3.55 Materials must be of a good quality and used in the best way to achieve the environmental and sustainability principles of the Council.  The Council wishes to encourage craftsmanship and the use of materials which reflect their own particular qualities.

Policy ENV 9

Proposals for development will only be permitted where they incorporate materials which are complementary to the surrounding area, are durable and appropriate for their purpose.

Reason/Explanation

Materials are critical in defining the quality of an individual building and the built environment as a whole. Good quality materials, either traditional or modern should be used to achieve quality detailing within the built environment. This will provide a rich townscape, ensuring that visual interest and quality are reflected in the detailed appearance and construction of the built fabric.

 

The choice of facing materials must take account of colours, textures, weathering, fixing methods and profiles.  It is vital that developments do not deteriorate in appearance over time due to inadequate detailing or poor quality materials.  Durable natural materials will be favoured.

 

Parking

3.56 Car and other vehicle parking areas as well as servicing bays can have a strong negative impact on the environmental and townscape quality of an area.  The Council recognises the need for these areas in order that the built environment may function but wishes to ensure that their impact on the quality and appearance of an area is limited.

3.57 Parking standards are included in the Council’s Supplementary Planning Guidance: Parking Provision within Developments in Chester.

Policy ENV 10

Servicing and parking areas in new developments will only be permitted where they are designed and sited so as to be visually subsidiary to the development itself and appropriately screened and landscaped.

Reason/Explanation

The Council will seek to ensure that servicing and parking areas are sited to protect both visual and practical amenity. Vehicles, both parked and mobile, can have a detrimental effect on the environmental quality of an area. Careful consideration over the location of parking and servicing areas can help reduce the impact of vehicles and avoid large areas of unsightly car parking.

 

Safety and Security

3.58 The Council will aim to help reduce the actual level of crime and to create environments that are safe, secure and free from unnecessary hazards.  Such dangers may be categorised within two main areas:

• accidents caused by physical hazards
• criminal activity

3.59 Physical hazards can arise as a result of traffic conflicts, inappropriate surface treatments or poorly designed and located street furniture, landscape features and parking areas, which can themselves become hazardous obstacles.

3.60 In terms of criminal dangers, designers should consider both actual and perceived crime.  Although problems associated with crime cannot be solved through the activities of planners and urban designers alone, much can be done to ensure that the opportunities for criminal activities are diminished.

3.61 Designers should aim to achieve environments which offer interest and variety whilst avoiding recesses and hideaways.  Lighting schemes should aim to provide uniform lighting along public routes.  Both exaggerated light and dark areas should be avoided.

3.62 Developments which can accommodate public surveillance and self-policing will be encouraged.  This can be achieved where buildings directly overlook public areas and where a mixture of uses provides activity at all times of the day.  Where residential uses are involved, the need for surveillance has to be balanced with requirements for privacy.  It is essential to consider all aspects from the outset and, where necessary, balance the different perspectives.  Further information and detailed design principles are set out in Supplementary Planning Guidance: Planning for Community Safety.

Policy ENV 11

New developments which provide safe and secure environments will be permitted.

Reason/Explanation

All publicly accessible spaces and thoroughfares should be designed with safety and security in mind, in order to provide people with a safer, more secure environment.

 

Applicants should have regard to the following where appropriate:

 

• reducing conflicts between vehicles, pedestrians and cyclists
• the nature of surface treatments and the location of street furniture
• the inclusion of safe and secure public routes which seek to minimise both actual and perceived opportunities for criminal activity
• the incorporation of opportunities for self policing and surveillance

 

Inner Ring Road Corridor

3.63 The Council will actively promote the redevelopment and improvement of key regeneration sites along the inner ring road corridor.  The aim is to transform the inner ring road into a street again with proper frontages addressing the route.  Therefore, development will be dependent on providing a strong built form to that road.

3.64 There are opportunities for new gateway features and landmarks along the inner ring road corridor to give it character and a sense of place provided that they enhance the character of the conservation area.

Policy ENV 12

Development and redevelopment of sites along the inner ring road that would provide a strong and active frontage will be permitted. In determining planning applications the Council will have regard to the degree to which the scheme preserves or enhances the character or appearance of the area.

Reason/Explanation

The inner ring road corridor, as shown on the Proposals Map Inset for the city centre, has great potential for redevelopment to improve the poor quality of the existing environment so that it becomes a positive addition to the image of the city. The corridor, following the inner ring road from the Castle, clockwise past Gorse Stacks to The Bars, has not recovered from the initial construction of the road and the Council aims to heal Chester up to the road.

 

The Council will take a proactive approach to the redevelopment and enhancement of this area which provides particular scope for new landmark and gateway features and general improvements to make the road more pedestrian friendly including improved crossing points.

 

A strong built frontage is one where the massing and height of the development is appropriately scaled to reflect the width and importance of the space it fronts.

 

An active built frontage is one where:

 

• the ground floor of the development is occupied by uses that generate pedestrian activity and interest to passers-by (such as shops and restaurants)
• entrances, colonnades and windows enliven the frontage
• views into the development give interest to passers-by and views out of the building facilitate overlooking, which contributes to safety
• street entrances at frequent intervals help to ensure activity

In determining planning applications the Council will have regard to:

 

• the nature and character of the existing site together with any existing buildings
• the proposal’s design, size, scale, density, massing and access arrangements
• the relationship to existing land and buildings and views across the city
• the potential for improvement to pedestrian routes>
• the degree to which the scheme preserves or enhances the character and appearance of the area

The Council will support schemes which in particular create new landmark and gateway features. Applicants may be requested to provide a short statement which sets out the design principles and approach to development, allowing schemes to be placed in their context.

 

The Council will seek to ensure that proposals as a minimum preserve the character of the area and wherever possible enhance the quality of the environment.

 

Development proposals which fail to accord with this policy will be refused.

 

City Corridors

3.65 Principal gateways and routeways provide the main points of entry and routes through the urban area.  Gateways exist at the intersection of main routeways with the edge of the urban area and the edge of the city centre.  They are important for providing the first impressions of the city to visitors by road, rail, river or canal.  The Council will actively promote environmental improvements to principal routeways and gateways to strengthen their character and appearance (see Figure 3b).

3.66 The Council also aims to provide safer and alternative car, pedestrian and cycle routes into the city, extend the range of public transport facilities and to relieve the pressures of overcrowding in the historic core.  Policies relating to these issues are contained in the Transport chapter.  Policies to promote broader environmental enhancement and protection within the urban area are contained within the Landscape section.

Figure 3b - Principal routeways and gateways into Chester

 

Policy ENV 13

Development proposals which enhance the character and appearance of principal gateways and routeways into Chester as identified in the Plan will be permitted.

Reason/Explanation

Radial roads, railway corridors, the river and the canal, as indicated in Figure 3b, are important in providing first impressions of the city. The Council will actively promote development which enhances their character and appearance, including appropriate hard and soft landscaping, and seek opportunities to enhance key views along the routes in or out of the city.

 

See also policies ENV 19 and ENV 25 in the Landscape section and policies TR 2, TR 4 and TR 5 in the Transport chapter.

 

District Lighting Strategy

3.67 The Council has prepared a co-ordinated lighting strategy for key buildings in Chester city centre, focussing on their historic character and identity.  This should result in a cogent night-time image of the built environment and present the historic architecture in a balanced way which would complement its day time attraction.

Policy ENV 14

Reason/Explanation

The Council is seeking to implement a District Lighting Strategy in order to enhance the image of the urban area and the villages during the night time.

 

The objective of this policy is to enhance the character and appearance of the District as a whole, including both urban and rural areas, and to reduce light pollution. For key development sites and where external lighting is required for operational and safety reasons, developers will be required to submit details of lighting schemes with planning applications.

 

The Council is seeking to ensure that illumination of development is consistent with its Lighting Strategy.

 

(See also Policy ENV 59 in the section on Pollution in this chapter).

Section D: The Urban and Rural Landscape, Including The Green Network

This Section is in three parts:

a) Urban and Village Landscape

b) Rural Landscape

c) The Green Network in Chester District

a) Urban and Village Landscape

3.69 The Council recognises that open spaces and landscape features in the District's built environment are fundamental to the quality of life.  The aim is to protect and enhance the important landscape framework and features of Chester and the villages, and to ensure their integration into the changing urban and village environments through careful design of new works and thorough assessment of planning applications.  This in part will ensure that the special character of Chester and the villages is not lost and the built environment of the District will become a greener, healthier, more attractive place to live, work, visit or invest in.

3.70 The open spaces, urban fringe landscape and tree populations are under increasing pressure from inappropriate development, changing needs, reduced funding for maintenance, and old age.  The Council can address these problems by:

• using its statutory powers
• management and enhancement of its own land
• persuasion and partnerships with others

3.71 The policies and proposals set out below are intended to guide development and provide a framework for the Council's own activities to ensure that any changes reflect the existing built and landscape character and reflect current and future needs.

 

Policies and Proposals

 

Strategic Open Space

3.72 The designation "Strategic Open Space" includes large areas, or corridors, of open land having a rural character which penetrate into the heart of the urban area and secure a physical and visual link between the built environment and the open countryside, creating the impression of the "countryside in the city".  The setting of Chester owes much to the disposition, character and scale of these strategic open spaces.

3.73 The main areas of strategic open space are:

• the "Meadows Corridor" to the south of Chester and the "River Dee Corridor" extending through the urban area, including the Grosvenor Park and the Roodee
• the Dukes Drive Woodland to the south of Chester
• the Canal Corridor to the north of Chester
• the open, flat landscape of the Dee Flood Plain to the west of Chester

Policy ENV 15

Strategic open space is identified on the Proposals Map. Development which would adversely affect the character, quality or scale of these spaces will be refused.

Reason/Explanation

The Council considers these areas to be fundamental resources to the fabric or character and setting of Chester, whose protection and upkeep is of primary concern. The policy has been influenced by the Study “Chester: The Future of an Historic City” but has not followed it rigidly. These strategic open spaces are also fundamentally important to the integrity, functioning and quality of the Green Network which is covered in the last part of this section.

 

(See also Policy ENV 26 on the Green Network).

 

Development Adjacent to Strategic Open Spaces

Policy ENV 16

Development adjacent to the areas of strategic open space will only be permitted where a high quality boundary and/or frontage treatment is provided to the boundary of the open space and where the scale or type of such development would not dominate or impede the enjoyment of the open space.

Reason/Explanation

It is important that the character of the strategic open space is safeguarded from the impact of adjacent development where this is of such a scale or type that would be regarded as detrimental. In cases where such development is proposed then a suitable landscape scheme shall be submitted as part of the planning application. This may include a planted "buffer zone" and/or other measures necessary for minimising the impact and sensitively integrating the development into the landscape. Where appropriate, landscape buffer treatment may be permitted on the strategic open space itself.

 

Other Greenspace

3.74 Other greenspace within the built up area and beyond but well related to it, in addition to the strategic open space referred to above, plays a vital role in the overall character and life of the city and settlements.  It is also important for its recreational, landscape, wildlife and/or cultural value.  Certain greenspace within the urban area is of importance to the quality and functioning of the Green Network.  Greenspace in both the urban area and in villages, whilst contributing to the character of the local neighbourhood, provides the essential breathing space and often the focus for many community activities.  However, this greenspace resource is under constant pressure from development as the city continues to grow.

3.75 Given the need to balance the demands for future urban growth with the need to retain a viable open space resource which is able to sustain the increasing and ever changing social, ecological and economic demands, the Council has undertaken a survey of all greenspace in both the urban area and in the villages.

3.76 The "Chester Urban Greenspace Survey" identifies the function and characteristics of each individual open space and assesses its value under four categories: Recreation, Landscape, Wildlife and Cultural, as defined in the survey.  The survey also identified those spaces which form an integral part of the Green Network.

3.77 Recreation spaces are defined as those offering active recreational facilities (play areas and sports pitches) and those which have a known passive recreation function (informal play, dog walking, strolling).  Wildlife spaces are of importance for their nature conservation, as defined in the "Chester District Nature Conservation Audit".  Cultural spaces are defined as those performing a cultural or social function (open space in conservation areas with historical designation or significance, allotments, cemeteries, common land and community use related).  Landscape spaces are defined as those spaces which provide a setting for the historic core of the city centre and/or for the views they provide e.g. views towards the city skyline, long distance views of the surrounding landscape or attractive views into the space from the surrounding area.  Landscape spaces also include areas which are important for their intrinsic visual and amenity value and their role in helping to protect the identity and local character of an area.

3.78 The “Village Greenspace Survey” also identifies the function and characteristics of each site but using a methodology more appropriate to the rural area.  Spaces have been identified according to their recreational, cultural or landscape function.  Those important for recreation and cultural reasons have been identified using similar criteria to those in the Urban Greenspace Survey.  Those spaces important for landscape have been designated because they act as a feature within the townscape, allowing views and making a contribution to the character or distinctiveness of the village.

3.79 The Council has also measured the public open space provision in the urban area and villages.  When provision is assessed against National Playing Fields Association standards for open space provision and the Council's own adopted standards, most areas have a shortfall (See Sport and Recreation chapter).

Policy ENV 17

 

Reason/Explanation

The objective of this policy is to protect and enhance habitats, landscape, wildlife and open spaces and to ensure that new development does not result in any overall net loss of environmental value to the District’s natural and man-made heritage.

 

The Council recognises the important contribution that open space makes to the quality of life, the character and image of the urban area and the villages and to its part in the role of the Green Network. Where development is permitted the Council will insist on all necessary measures to sympathetically integrate and mitigate the impact of the development on the site.

 

The reference to recreation or community need in the first bullet point of the policy relates to small-scale structures where these would support the existing uses (for example, interpretation centres, toilets or refreshment facilities) or would provide facilities for new recreation or community needs.  In the third and fourth bullet points of the policy, the word "appropriate" refers to a site of similar status in terms of scale, greenspace value and public accessibility.  In the event of a privately owned greenspace being upgraded, the Council will require the developer to enter into a Section 106 Agreement to secure appropriate enhancement and treatment.

 

Where a commuted sum is required for the provision of additional off-site, open space within the immediate locality, this will be calculated on the basis set out in the Reason/Explanation to Policy ENV 23.

 

Where the remainder of an existing greenspace or another greenspace within the immediate locality is to be upgraded and the developer chooses to pay a commuted sum to the Council to carry out these works on his behalf, then the Council will negotiate on the appropriate level of payment for the design, cost and maintenance of such works.

 

The policy will also apply to all new open space provided during the lifetime of the Plan.

 

In the case of playing fields, which have no other value than for active recreation, then policy SR 2 will apply. In the case of greenspaces, which have no value other than for nature conservation, then policy ENV 27 will apply. In the case of greenspaces, which have no value other than for landscape, then policy ENV 18 will apply. In the case of greenspaces, which have no value other than for culture, development may be permitted if alternative provision of greenspace of similar or better cultural value is made available in the immediate local area.

 

(See also Policy ENV 26 on the Green Network in this chapter).

 

 

Amenity Open Space

Policy ENV 18

 

Reason/Explanation

Amenity land is public open space sited within residential areas which enhances the setting of that neighbourhood or is integral to its character. In some parts of the District, there are significant areas of amenity space which play an important role in enhancing the attractiveness of the area. Where the loss of such spaces to development would be detrimental to the character of such areas, it will be resisted by the Council.

 

The Council has undertaken a thorough assessment of public open space across the District.  Where areas have been identified by the Council as having shortfalls in amenity open space, the loss of areas of amenity space may have a particularly adverse effect.

 

The Council will undertake a further detailed survey of amenity space throughout the District to assess the quality and value of such areas.

 

Urban Corridors

3.80 In addition to the large areas and corridors of strategic open space and other urban greenspace, Chester is criss-crossed by a number of, principally green, corridors or linear landscape features.  These are smaller in scale but nevertheless important for their landscape and amenity value, as well as their existing/potential ecological or recreational value.  Collectively they make a significant contribution both to the overall character of Chester as a whole and to its local areas. They are also of crucial importance to the integrity, functioning and quality of the Green Network.

3.81 These urban corridors generally follow transport routes through the city, e.g. the "green" infrastructure associated with major roads, such as the A55 and A41, and with the railway corridors, including the former Mickle Trafford to Shotton railway.  The urban section of the canal corridor is also recognised as an important urban corridor for its recreational, landscape and nature conservation value.  Linear features such as the woodland belt along the Blacon Escarpment and Newton Hollows are also covered by this designation.

Policy ENV 19

Urban corridors are identified on the Proposals Map. Planning permission will not be granted for development which would compromise the integrity, character or continuity of these linear spaces and features.

Reason/Explanation

The Council will seek to protect and enhance this resource as an important part of the fabric and character of Chester and the Green Network.

 

Where new development is proposed in the vicinity of urban corridors, the Council will seek to achieve enhancements to those corridors where feasible.

 

(See Policy ENV 13 in the Urban Design section earlier in this chapter, and Policy ENV 26 on the Green Network).

 

Greenspace Improvements

3.82 The Chester Urban Greenspace Survey has also identified where people have less opportunity to access open space, enjoy natural features and use facilities associated with them.  In addition it identified where particular problems exist and recommends where improvements are needed.

Policy ENV 20

Development proposals which improve or increase the amount of publicly accessible greenspace and the value of existing greenspace through improvements to the recreational value, wildlife value, cultural value, and landscape value will be permitted.

Reason/Explanation

In supporting future development proposals, the Council will expect developers to take account of: current public open space provision/shortfall in the vicinity of the proposed development and any improvements recommended in the greenspace survey; existing townscape and landscape character; the effect on any features of nature conservation, historic or archaeological interest; the benefits or otherwise to the Green Network; the needs of people with a disability and the future management of landscape and facilities.

 

(See also Policies SR 3-7 in the Sport & Recreation chapter).

 

Trees, Hedgerows and Woodland

3.83 Individual trees, groups of trees and hedgerows make a vital contribution to the built environment and the countryside.

3.84 Their considerable visual amenity is important in defining the character of Chester District and, when integrated properly into a design and then planted and maintained appropriately, can provide interest and contrast.  Their presence also ameliorates the adverse environmental and climatic effects of the urban environment and helps to humanise space.  They also provide important habitats for wildlife.

3.85 Like many of Britain's towns and cities, Chester, and to an extent the rural settlements, suffer from an ageing tree population.  Many of the large trees are a product of the Victorian vision to plant trees and are now reaching the end of their safe life.  In addition street trees are increasingly vulnerable to an increase in road pollution and the installation of underground services which can reduce their expected life further.  There is also a trend towards the planting of smaller species of trees in new developments and when replacing street and garden trees which will contribute less to the value of the built environment.

3.86 The projected reduction in the tree cover in the urban area and villages and the reduction in the size of street trees is a significant factor which the Council wishes to address.  The Council will also carry out its own programme of monitoring, management and replacement of urban trees and woodland.  The Council will protect significant healthy trees and woodlands within the built environment and the countryside where they are under threat from development, using its powers to make Tree Preservation Orders (TPOs) or via planning conditions imposed on planning permissions.  Where protected trees are felled the Council will require replacement trees to be planted.  In addition the Council will encourage and provide advice on new tree, woodland and hedgerow planting.

Policy ENV 21

Developers will be expected to integrate all significant healthy trees and woodlands and important hedgerows within their development proposals. Exceptionally where the approval of a development involves the felling of such trees the Council will require replacement trees to be planted as part of an overall landscape scheme.

Reason/Explanation

To protect existing trees and to encourage the planting of new trees. The Council will also require developers to provide appropriate protection of existing trees during development works. Sufficient room should be left for existing or new trees to reach maturity without the need for extensive pruning. When dealing with planning applications which involve trees the Council will normally require a tree survey and protective measures for the tree in accordance with BS5837.

 

In assessing significant healthy trees and woodlands, the Council will have regard to the species, form, condition, age, life expectancy and visual impact of the trees concerned.  The Council will resist the removal of hedgerows which could be considered important under the terms of the Hedgerow Regulations.

 

This policy applies throughout the plan area.

 

Trees and Services

3.87 All trees, hedgerows and woodland adjacent to roads and streets are under increasing pressure from root damage due to service installation and maintenance.  This damage can be minimised provided a few simple guidelines are followed.

3.88 The Council is concerned that the installation and maintenance of utility services does not result in the loss of or damage to trees.  Therefore, the Council will expect due care and attention to be paid to the "The National Joint Utilities Group Guidelines for the Planning, Installation and Maintenance of Utility Services in Proximity to Trees" when statutory undertakers excavate near to trees.

 

New Landscape and Development

3.86 The Council considers that landscape design is an integral part of the development process and should be considered at the outset.  Landscape measures can help to integrate new development into the surrounding environment, mitigate its impact, provide interest and contrast, ameliorate the adverse environmental and climatic effects on the urban environment, create a habitat for wildlife and a sense of place for what are quite often characterless developments.

Policy ENV 22

A high quality of design and implementation of hard and soft landscape works will be required in new development.

Reason/Explanation

The Council wishes to encourage appropriate, high quality, well designed and executed functional landscape. Careful consideration towards the design at an early stage and choice of contractor will be critical in achieving this. Where a development requires a landscape scheme the Council will expect developers to submit detailed landscape proposals at the same time as their planning applications.

 

These details should accurately identify layout, surface materials, outdoor furniture, features, planting areas, and include details of plant species, their size, planting densities, soil cultivation, existing and proposed services and aftercare.  Proposals should pay particular attention to the effect on features of nature conservation, historic or archaeological interest, existing landscape features and character of the surrounding built environment.  Exceptionally the Council will impose planning conditions to secure the appropriate level and quality of landscape treatment in new development.

 

Developers must give due consideration to the maintenance implications of their development and in certain situations the Council may seek commuted sums to assist in future maintenance.

 

The Council has approved the “Chester District Landscape Assessment and Guidelines”.  This document provides guidance for new development in both urban and rural areas and forms Supplementary Planning Guidance to this policy. The Council expects proposals to show regard to their landscape context.

 

This policy applies throughout the plan area.

 

The Provision and Maintenance of Open Space in New Development

3.90 Government Guidance on planning obligations enables local authorities to seek the provision and maintenance of open space in new development.  Policy ENV 23 below sets out the approach which the Council will follow in dealing with development proposals.  This policy will also be used in association with the open space standards adopted by the Council, as set out in the chapter on Sport and Recreation.

Policy ENV 23

Reason/Explanation

Where open space is provided and laid out as part of a development, the developer will normally be expected to maintain it for a minimum of twelve months following its completion. After this period, the developer will be expected to provide a commuted sum for the facility’s future maintenance normally for a period of ten years. The Council has published Supplementary Planning Guidance: Play & Open Space Provision in New Housing Developments on this aspect.

 

Exceptionally, where the developer can demonstrate that it is not practicable to provide all the open space requirement arising from the development on site, the Council will seek the payment of a commuted sum for the provision and maintenance of such open space elsewhere in the immediate locality, provided it would be of benefit to the development and related in scale and kind.

 

The Council will only accept a commuted sum for off-site provision where a suitable site exists or can be brought forward by the developer or the Council within the timescale of the permission.

 

Commuted payments for maintenance will not be applicable where the land remains in private ownership. In such cases, the developer should demonstrate that suitable maintenance arrangements are in place.

 

The Council will normally request applicants to enter into a Section 106 Agreement to ensure the provision and secure the future maintenance of open space.

 

In calculating the amount of open space to be provided by the developer, the Council will have regard to the standards set out in Policies SR 1, 5, 6 and 7 in the chapter on Sport and Recreation and any other relevant policies in the Plan.

 

Development in Gardens

3.91 Houses with large back gardens are a common feature in many urban, suburban and village areas of the District.  Collectively, these gardens and their existing features such as trees, hedges and other vegetation, represent an important element in the landscape character of an area.  Where development is acceptable careful planning and good landscape design is needed to protect the overall character and amenity of the area.

b) RURAL LANDSCAPE

3.92 The landscape character of the plan area is the result of 4000 years of interaction between people and the natural world. The last ice-age (which ended 10,000 years ago) formed the West Cheshire Plain, the Mid-Cheshire Ridge and the soils which characterise the District. Intervention by people, improvements in technology and changes in the law have all contributed to make the area the way it is today.  But landscape character is also about people's responses to the world around them, and memories, anecdotes and art all colour the way we appreciate the countryside.

3.93 The Council has undertaken a landscape assessment of the District in consultation with the Countryside Commission and the County Council to identify areas with individual character and the features which combine to form that character.  Management principles and guidelines have been produced for each "character area" which set out how the best features can be conserved, restored or enhanced and how any development could be integrated so as to sustain the countryside.

3.94 Similarly the Council wishes people to be able to enjoy the countryside and to improve public access where this would not damage other important features.  The Council will also seek to manage access by supporting the provision of Countryside staff, infrastructure, land management and interpretation and will work with others to reduce potential conflicts between different interests.  The Council will require developers to provide facilities and interpretation which will enhance people's enjoyment and understanding of the countryside.  The Council's Nature Conservation Strategy sets out its approach to integrating improved access with the conservation of natural resources.

 

Policies and Proposals

 

General

Policy ENV 24

Development in the rural area will only be permitted where it would respect the key features of the landscape and not be detrimental to its character.

Reason/Explanation

The Council recognises that people's quality of life is enhanced by attractive surroundings. It is important that the features which contribute to the attractiveness of the District are conserved for others to enjoy and that new development respects the character of the area. It is not the Council's intention to recreate a bygone landscape but to influence desirable changes such that they respect changes inherited from the past and enhance an area’s sense of place.

 

Development should respect the key features of landscape character areas, as set out in the Chester District Landscape Assessment and Guidelines, and should contribute to the appropriate conservation, restoration and/or enhancement of these features and the public's enjoyment of them. In considering proposals for buildings in the rural area the Council will require developers to give attention to setting, scale, density, height, massing, layout, use of vernacular materials, design and detailing, landscape treatment, access and the Council's design guidance. In considering proposals for the change of use of land the Council will require developers to clearly demonstrate any effect which the development, associated works or operations might have on the landscape, access, features of nature conservation, historic or archaeological value and local amenity.

 

Areas of Special County Value

3.95 Areas of Special County Value (ASCVs) are identified in the County Structure Plan because of the combined significance of features of historic, landscape, archaeological and nature conservation value present in such areas.  They are considered to be the best examples of their type across the County and offer opportunities for quiet recreation.

Policy ENV 25

Reason/Explanation

The Council recognises the special character of these areas and wishes to conserve them. The Council also appreciates that some changes, particularly those associated with agriculture, do not generally require planning permission and will consider the desirability of applying to the Secretary of State for the Environment to remove such permitted development rights by applying Article 4 Directions. This would enable the Council to have greater influence over activities which may require special control in ASCVs because they are sensitive to change.

 

Landscape Schemes

3.96 The proper integration of new development into the landscape is critical and can only be successfully achieved through careful research and design and consideration of the local character of the area within which the proposed development will sit.  Whilst being part of the overall design process, landscape design can often be the most successful means of ensuring that the development is properly integrated and blends with the local environment with minimal impact.  Landscape works, therefore, should not be regarded as desirable additions but rather as an essential part of any development.

3.97 In line with Policy ENV 22 above, when considering proposals for development in the countryside the Council will expect developers to design and implement landscape schemes which respect the local character of the area and, where appropriate, include proposals for the planting and management of native broad-leaved woodland and hedgerows, particularly where these are linked with the provision of countryside recreation.

3.98 Such planting schemes should be well designed and include details of:

• layout and species mix
• densities and size of plant material
• preparation and aftercare
• effect on features of nature conservation, historic or archaeological interest and landscape
• effect of future felling operations

3.99 The Council supports the concept of Community Forests and wishes to increase the percentage of the plan area covered by woodland (currently 3%), particularly where such schemes permit public access.  The Landscape Assessment identifies which character areas would be enhanced by large-scale planting but in all cases care will be needed to avoid damaging other features of interest.

 

Trees, Hedgerows and Woodland

3.100 Policies for trees, hedgerows and woodland in the countryside are also covered by Policy ENV 21

c) The Green Network in Chester District

3.101The Green Network for Chester District is seen by the Council as being a District-wide resource but that which can exist at a number of scales; from a national and regional level extending and linking through strategic corridors in the rural area down to a more detailed network of corridors and open spaces in the urban area.  This perspective will be reflected wherever possible in the planning, implementation and management approach to the Green Network.

3.102 The Green Network is formed through the linking together or amalgamation of the "Strategic Countryside Corridors" for Wildlife and/or Recreation in the rural area (See Policy ENV 30 in the Nature Conservation section later in this chapter and Policy SR 14 in the Sport and Recreation chapter), the strategic open space (Policy ENV 15 above) and urban corridors (Policy ENV 19 above) within the urban area together with those other urban greenspaces (see Policy ENV 17) which adjoin the strategic open space or the urban corridors.

3.103 One of the main objectives behind the Green Network is that of facilitating greater access to, and movement through, the landscape for the benefit of people (residents and visitors to Chester) and wildlife.  This might include access to local open space in the urban area and villages, or providing better links between both of these and the countryside itself.

3.104 Despite there being a proportion of the network which remains largely inaccessible to the public, particularly in the urban area of Chester, due to private ownership of land, the Green Network provides considerable public and wildlife benefits.  It has the potential to be one of the greatest assets to Chester, positively contributing to its economic and physical growth and well-being, as well as to the character and image of both the urban landscape and countryside.  The Council will endeavour to protect and seek opportunities to extend, enhance and increase the public's access to and enjoyment of the Green Network.

3.105The Council has prepared a Greenways Strategy for Chester District.  This includes a full description of the Green Network, its role and value, the proposed extent and future potential of the resource, together with all the relevant policies and guidance contained in the Local Plan. Policies and proposals in the Local Plan must be land use based and these deal specifically with the protection, enhancement and extension of the Green Network.

 

Policies and Proposals

Policy ENV 26

A Green Network is identified on the Proposals Maps. Only those development proposals which would not harm its strategic and local function will be permitted.

Reason/Explanation

The Green Network comprises existing areas of open space and proposed additions to this. The integrity and viability of the Green Network as an overall resource of inter-linked open spaces, corridors, landscape features and areas of nature conservation value will be safeguarded against disintegration or erosion through inappropriate forms of development. The Green Network will be maintained as a system of continuous links and spaces which retain their individual character and, wherever appropriate, improved.

 

Planning permission for development within the Green Network will only be granted in exceptional circumstances where the Council considers that this will not compromise the linkage, landscape character, nature conservation value, use or enjoyment of the open space resource or where this will not result in the loss of open space.

 

Opportunities will be sought to extend the Green Network through the creation of further links to other greenspaces in the urban area or by increasing the open space resource within the Green Network.  This will also include the provision of any key "missing link" sites. Similarly, opportunities for enhancing the landscape character of the existing Green Network resource and increasing/improving public access to it will be sought, e.g. provision of a habitat creation scheme, a children's play area, a landscaped footway, cycleway or bridleway.  Development proposals which are compatible with the aims of the Green Network and which would provide significant improvements as outlined above, will be encouraged.  The Council may consider the use of planning conditions and Section 106 Agreements to secure the necessary improvements.

Section E: Nature Conservation

3.106 Popular interest in the natural world is clearly demonstrated by the volume of television and radio programmes, magazines, news items and parts of the national curriculum dedicated to the subject. People enjoy access to the natural world and information about it.  Millions of people are members of voluntary nature conservation organisations. Successive UK governments have responded to this growing interest in the conservation of nature by signing international agreements; and there have been European directives producing legislation, guidance and action plans which are aimed at conserving animals, plants and other natural features for future generations.

The Importance of Nature Conservation in Local Plans

3.107 The Government has made clear its requirement for local authorities to take account of the need to conserve natural features when determining any planning applications. Local Plans are to be environmentally led and should produce sustainable development.

3.108 There is an understanding that some features are irreplaceable whilst others represent the best national examples of their kind.  It is also recognised that wildlife does not confine itself to designated sites and that public opportunities to appreciate wildlife in local places is also important.  Consequently, the Council will require planning applications to be accompanied by an appropriate survey identifying:

• features of nature conservation interest both within the site and including adjoining terrestrial habitats
• an assessment of the impact the development will have on these
• proposals which detail how nature conservation issues will be dealt with

Nature Conservation Strategy for the Plan Area

3.109 The likely effect of any development proposal on the nature conservation resource can only be assessed if there is an adequate information base.  In 1994 the City Council, in partnership with English Nature, now Natural England, (the Government's advisory body on nature conservation), the County Council and Cheshire Wildlife Trust, commissioned consultants to undertake an audit of the remaining features of importance in the District.  The audit identified that less than one percent of the District has wildflower grassland, it is well below the national average in terms of woodland, has over 2000 ponds and is nationally important for dragonflies and four species of birds.

3.110 The most important sites and areas were identified taking account of the importance they may have for people as well as scientific considerations.  The Council has produced a Nature Conservation Strategy following full public consultation.  In making decisions on all planning applications the Council will have regard to the stated principles, aims and targets set out in the strategy and will require developers to participate in achieving these wherever appropriate.

3.111The Council will also undertake and support initiatives with others to encourage the management and enhancement of natural features and the public's opportunities to enjoy them.

3.112 The Council recognises the importance of conserving natural features which, if damaged, could not be replaced to be enjoyed by the next generation of residents and visitors.

3.113 The District has several nationally notable species which have a very limited national distribution, including peregrine, club-tailed dragonfly, goat moth and partridge.  These are identified in the Chester District Nature Conservation Audit. Some species such as barn owl and black poplar are declining and have strong public appeal.  Other species found in the plan area are rare in Cheshire as a whole.  However, many species have never been systematically surveyed in the District and further work may reveal other features which will need to be taken into account when the Council determines planning applications.

 

Objectives

3.114 The following objectives are derived from the Nature Conservation Strategy to:

• provide an up-to-date stocktake of the nature conservation resource
• ensure no net loss of the resource and encourage the management and increase of the resource
• keep local people informed on nature conservation issues and encourage their participation in conserving "natural" places
• ensure that all of the District's residents have opportunities to enjoy "natural" places
• demonstrate by its actions that the Council is committed to conserving the world's natural resources

 

Polices and Proposals

 

General

Policy ENV 27

Reason/Explanation

This policy complements and may be applied in addition to the other policies in this section.

 

Development proposals which adversely affect sites or features of known nature conservation interest should be avoided.  However, where there is scope to overcome the impact of otherwise acceptable development through appropriate mitigation, compensation and enhancement, then this policy will be applied.

 

In considering compensation measures, the Council will expect applicants to demonstrate that:

 

• the benefits of a proposed development exceed the decrease in the nature conservation value of a site
• that any such decrease has been kept to a minimum and compensated for by the creation and/or enhancement of appropriate and comparable habitat elsewhere within the site or local area

Only then will favourable consideration be given to development proposals which would adversely affect sites of nature conservation value.

 

The Council recognises that the conservation of natural features contributes to people's quality of life and should be utilised in a sustainable way.  This means ensuring that the level of the nature conservation resource does not fall below that identified in the Chester District Nature Conservation Audit and should, wherever possible, be enhanced.  In particular the Council will seek to conserve the following features:

 

• Sites of Special Scientific Interest (See also Policy ENV 28 below)
• Irreplaceable features – The Government's White Paper "This Common Inheritance" states that this generation of people should endeavour to protect features which are not replaceable within the timescale of one generation, i.e. 25 years for others to enjoy
• Sites and Areas of Local Nature Conservation Value (See also Policy ENV 29 below)
• Strategic Wildlife Corridors (See Policy ENV 30 below)
• Rivers, streams and their corridors, wetlands and ponds
• Hedgerows
• Non-ancient broadleaved woodland
• Sites and habitats supporting statutorily protected species and their habitats
• "Exposure" Regionally Important Geological/Geomorphological Sites
• Non-ancient species-rich grassland

Development with the potential to have an impact on features of nature conservation value will be required to be accompanied by a competent appraisal detailing the effect of the proposal on features of importance.  Proposals relating to the re-use of property or new built development may be required to include provision for species associated with buildings.  For example, bat or bird boxes may be appropriate in some areas and in the rural area the Council expects developers to take account of the potential to conserve species such as barn owls by including nest boxes in building design.  Similarly, developers will be required to provide a management plan detailing how features of nature conservation value within the control of the developer and related to the application will be protected, maintained and enhanced.

Policy ENV 28

Development proposals within internationally important sites and Sites of Special Scientific Interest, within their spheres of influence and consultation zones or within sites proposed for such designation, will be refused unless it is clearly demonstrated that the site would not be either directly or indirectly adversely affected, or where potential adverse effects are identified, mitigation measures would overcome them.

Reason/Explanation

Sites of Special Scientific Interest (SSSIs) are recognised as containing the best examples of the natural features for which they have been notified by Natural England. They are important for the conservation of these natural features and offer opportunities for scientific study which can contribute to a better understanding and conservation of the open countryside.

 

Currently, the following sites are designated or proposed as Sites of Special Scientific Interest within the plan area and are shown on the Proposals Map:

 

• Bar Mere, Bickley
• Dee Cliffs, Farndon
• Well Rough, Oldcastle
• Long Plantation, Oldcastle
• Taylor's Rough, Wigland
• Raw Head, Harthill
• Bickerton Hill
• River Dee – Estuary and course
• Wellmeadow Wood

Currently, the only site of international nature conservation interest within the District is the River Dee, which is a Special Area for Conservation (SAC).  In addition, the Dee Estuary SAC/SPA/Ramsar site lies close to the border of the District.

 

Where consultation zones have not been formally designated, the Council will consult with Natural England on any development proposal which the Council is concerned may affect a Site of Special Scientific Interest.

 

Features of Local Importance

Policy ENV 29

Development in sites or areas of local nature conservation value will only be permitted where it is clearly demonstrated that features of nature conservation value or the public’s enjoyment of them will not be adversely affected, directly or indirectly, or where compensatory features of equal value are provided.

Reason/Explanation

The Chester District Nature Conservation Audit lists features considered to be of local importance. This list, which includes Sites of Biological Importance designated by Cheshire County Council, may be amended in future reviews.

 

The Council believes that residents should have the opportunity to enjoy natural features close to where they live and work. Local sites and areas of importance can contribute to this and the conservation of a rich and diverse countryside. It may be possible to compensate for the loss of some features to development; for example ponds can be recreated unless they contain irreplaceable features and it may be acceptable to lose an individual tree if another native species is planted in its place.

 

Strategic Wildlife Corridors

Policy ENV 30

Reason/Explanation

Wildlife corridors are believed to assist in the movement of animals and plants. They, therefore, offer the opportunity for species to migrate, feed, re-colonise areas and colonise new areas. Similarly they offer opportunities for habitat enhancement and creation which can link important features and help make the resource more robust against damage.

 

It is not possible to show the width of these corridors. Any likely effect may be identified only when a proposal is made; a development some distance from the indicated route may have an impact on the corridor and reduce its ability to act as a conduit for movement whilst another development very close to the indicated route may have no adverse effects.

 

(See also Policy ENV 26 on the Green Network in Section D on the Urban and Rural Landscape earlier in this chapter).

Section F: Archaeology

3.115 Archaeological remains are a valuable but fragile part of our heritage, and once destroyed they can never be replaced.  Such remains include not just finds but also traces of buildings, layers of soil and entire landscapes.  Maintaining this resource is an important part of the City Council's commitment to conservation.

The Importance of Archaeology in Local Plans

3.116 Planning Policy Guidance Note 16: Archaeology and Planning, issued in November 1990, contains the strongest statement ever to emerge from Central Government on the importance of archaeology and the role archaeological considerations should play in the planning process.  It recognises that archaeological remains are irreplaceable and introduces the concept of mitigation (reducing the damage to such remains by means of sympathetic designs).  It also places the onus for protection on local authorities, emphasising the importance of appropriate planning policies in development plans and their implementation through development control.

3.117 Planning Policy Guidance Note 15: Planning and the Historic Environment, issued in September 1994, notes that some historic buildings are Scheduled Ancient Monuments (SAM’s), and many which are not SAM’s are either of intrinsic archaeological interest or stand on ground that contains archaeological remains.  It further stresses that they should be treated in the same way as buried remains, with provision for similar archaeological management.

3.118 Central Government also recognises that development plans should include policies for the protection and enhancement of archaeological sites and their wider settings.  It also suggests that, as not all archaeological remains and sites are of equal value, the policies should be flexible enough to take this into account.

3.119 The English Heritage advice note “Development Plan Policies for Archaeology” reiterates Planning Policy Guidance Note 16: Archaeology and Planning advice and emphasises the need for presumption in favour of preservation of important archaeological sites and their settings. It suggests that policies should also cover identification, enhancement and recording in advance of destruction; not all sites need be identified on a Proposals Map, allowing for the discovery of new sites or the re-evaluation of those currently wrongly valued.

Objectives

• To preserve the archaeological resource through the planning process
• To retain the character of the historic landscape
• To ensure the adequate recording of archaeological sites which cannot be physically preserved

Chester District Archaeological Statement

3.120 Chester District contains almost a third of all known archaeological remains in Cheshire.  These range from Stone Age rock shelters through to twentieth-century industrial complexes and include a huge variety of sites and finds. In addition to the internationally-renowned City of Chester, the surrounding rural area has a rich and varied archaeological heritage.

3.121 A District Archaeological Statement is currently being prepared by Chester City Council and Cheshire County Council.  This will outline a four-tier ranking system for known archaeological sites and suggest that separate policies should be considered for each grade.

3.122 The suggested grading is:

• Scheduled Ancient Monuments or other nationally important sites and monuments.
• Grade A sites: sites of Regional or County Importance.
• Grade B sites: sites of District Importance.
• Grade C sites: sites of Local Importance (including stray finds).

3.123 The grading system is dependent on criteria similar to those used by English Heritage for scheduling (period, rarity, preservation, documentation, group value, fragility, diversity and potential).  The grading of known and newly discovered sites will be assessed in the light of changing knowledge; this may be to enhance or depress the grade.  The grading should not be regarded as immutable, and the archaeological responses to applications affecting Grade B and C sites should be above all flexible.

3.124 The policies and proposals contained in the Local Plan are based on this four-tier ranking system.  As far as the first two tiers are concerned, the policies and proposals list the archaeological features which are important within these categories, with national grid references to locate them. The features are also shown on the Proposals Map.  For details of the features in the other two categories, reference will need to be made to the District Archaeological Statement which will act as guidance to the Local Plan.

Chester District Extensive Local Surveys (EUS)

3.125 English Heritage has commissioned Cheshire County Council to produce computer databases of the known, suspected and potential archaeology within three of the rural centres in Chester District. They are:

• Aldford
• Farndon
• Malpas

3.126 This Extensive Urban Survey (EUS) provides a comprehensive list of all observations of historic remains (from excavations through to chance finds) and has produced a Strategy Report for each place.

3.127 The aims of the Extensive Urban Survey Strategy Reports are to aid planning decisions. The survey is fully supported by maps outlining the implications of redevelopment in the different parts of these villages.

Chester's Urban Archaeology Plan

3.128 In the 1980's part of the centre of the City of Chester, together with part of Great Boughton, was designated an Area of Archaeological Importance (AAI).  It is one of only five areas in England to be specifically protected in this way.  As a further enhancement for planning in the historic core, English Heritage intends to commission the Council to produce a computer database of all the known archaeology in ten kilometre squares.

3.129 The database will index all published and unpublished documentation about the city's archaeology, will provide a comprehensive list of all observations of historic remains (from excavation through to chance finds) and will index every known monument.  Because archaeological data is spatial, the database will be linked to a Geographical Information System (GIS) capable of displaying many different layers of information on a map base.

3.130 The aims of the Urban Archaeology Database are to aid planning decisions and to provide a tool for directing future research in the city.

Archaeological Background Documents

3.131 Further information about the archaeology of the District as it is currently known can be found in the County Sites and Monuments Record (Cheshire County Council).  The Archaeological Implications Map which outlines the implications of development proposals within the AAI should be consulted at an early stage in drawing up any development proposals.  The Extensive Urban Survey also provides guidance about the implications of redevelopment in Aldford, Farndon, and Malpas. More detailed guidance about individual sites can be obtained from the City Archaeologist.

 

Policies and Proposals

 

Sites of National Importance

Policy ENV 31

Development proposals which would adversely affect the site or setting of an existing or proposed Scheduled Ancient Monument or other nationally important sites and monuments will be refused.

Reason/Explanation

Archaeological sites are an important part of the cultural heritage of the nation and the local area; those considered most important are legally protected by inclusion in the Secretary of State's Schedule of Ancient Monuments, but there are others of sufficient importance to merit protection and a review of the Schedule is currently being undertaken. An up-to-date list of Scheduled Ancient Monuments is held by the City Council, the County Council and English Heritage.

 

Planning Policy Guidance Note 16: Archaeology and Planning recognises that not all nationally important archaeological remains will be scheduled. Non-scheduled but nationally-important sites are recorded in the County Sites and Monuments Record and in the District Archaeological Statement.

 

Aldford, Farndon, and Malpas may contain archaeological sites of national importance that are not scheduled. For guidelines on specific sites, the Extensive Urban Survey and its supporting strategy reports should be consulted.

 

Chester city centre contains archaeological sites of national importance that are not Scheduled. For guidelines on specific sites, the Urban Archaeology Database and the Archaeological Implications Map should be consulted.

 

The preservation in situ of such sites and their settings is required in all cases. Further sites will be discovered during the lifetime of the plan and these will be added to the County Sites and Monuments Record.

 

The Scheduled Sites and other rural sites of national importance in Chester District (at April 2003) are:

 

Parish	Number	Number of Site	NGR
Aldford	22486	Motte and bailey castle	SJ 4190 5960
Ashton	32	Kiln, 14th Century	SJ 5070 6930
Beeston	23641	Beeston Castle; medieval enclosure
		castle and site of late prehistoric hill-fort	SJ 5381 5919
Buerton	13442	Bruera moated site and environs	SJ 4362 6053
Caldecott	13422	Shocklach castle motte and	SJ 4333 5078
		moated enclosure	SJ 4346 5083
Carden	23635	Bowl barrow in Carden Park	SJ 4636 5352
Chester	7	The walls, towers, gates and posterns	SJ 4000 6650
		of the City of Chester	SJ 4040 6560
			SJ 4080 6590
			SJ 4060 6670
Chester	13	Edgar’s Cave and figure of Minerva	SJ 4060 6560
Chester	17	Dee Bridge	SJ 4070 6570
Chester	24	Chester Castle (part)	SJ 4040 6570
Chester	35	St Nicholas’s Chapel	SJ 4070 6650
Chester	36	The Little Abbey Gateway, Northgate Street	SJ 4040 6650
Chester	38	St John’s Church (ruined portions)	SJ 4090 6610
Chester	85	Roman amphitheatre (southern part)	SJ 4080 6610
Chester	103	Abbey Green Roman site	SJ 4060 6660
Christleton	25729	Roman camp on Stamford Heath, 350m	SJ 4597 6692
		north-east of Stamford Hollows Farm
Christleton	25730	Roman camp on Stamford Heath, 350m	SJ 4552 6685
		north-east of Stamford Hollows Farm
Church Shocklach	30368	Standing cross in St Edith’s churchyard	SJ 4317 5016
Church Shocklach	13422	Shocklach Castle motte and moated	SJ 4333 5078
		enclosure	SJ 4346 5083
Claverton	25	Heronbridge Roman site	SJ 4110 6360
Coddington	22588	Bowl Barrow 120m north-east of Rose Farm	SJ 4527 5526
Dodleston	13501	Dodleston motte and bailey castle	SJ 3614 6085
Dodleston	13455	Dodleston Hall moated site	SJ 3612 6146
Duckington	25690	Maiden Castle promontory fort on	SJ 4977 5287
		Bickerton Hill 700m west of Hill Farm
Eaton	13462	Belgrave moated site and medieval garden	SJ 3903 6052
Eccleston	22591	Motte and associated earthworks east	SJ 4142 6277
		of Rectory
Eccleston	13418	Moated site north-west of Mill Hill	SJ 4008 6255
		House Farm
Edge	13443	Old Hall Heys moated site	SJ 4939 4914
Elton	13436	Moated site, fishpond and connecting	SJ 4553 7481
		channel
Farndon	124	Farndon-Holt Bridge	SJ 4120 5440
Foulk Stapleford	13457	Foulk Stapleford moated site	SJ 4846 6408
Grafton	13517	Grafton deserted medieval village and	SJ 4485 5132
		ornamental moat
Hatton	13456	Hatton Hall moated site	SJ 4720 6105
Hoole	27596	Part of a Roman camp at Hoole, 200m	SJ 4297 6781
		south of Hoole Hall
Horton	22587	Bowl Barrow 250m south-south-east of	SJ 4540 4840
		Meadows Farm
Huntington	13416	Huntington Hall moated site	SJ 4196 6346
Huntington	13417	Moated site and fishpond south of	SJ 4295 6200
		Huntington Hall
Huxley	13458	Lower Huxley Hall moated site	SJ 4979 6226
Iddinshall	13459	Iddinshall Hall moated site	SJ 5342 6272
Kelsall	303752	Field system 500m south-east of	SJ 5294 7008
		Longley Cottage
Malpas	13420	Castle Hill motte	SJ 4862 4723
Malpas	25710	Malpas cross at town centre junction of	SJ 4873 4724
		Church Street and Oldhall Street
Marlston-cum-Lache	13451	Moated site 180m west of Fir Tree Farm	SJ 3929 6348
Mickle Trafford	82.4.1	St Plegmund’s Well	SJ 4551 7012
Oldcastle	13421	Castle Hill motte and ditch system, Oldcastle	SJ 4681 4414
Puddington	33856	Heavy Anti aircraft gun site	SJ 3355 373261
Pulford	13419	Pulford motte and bailey castle	SJ 3751 5870
Shotwick	13454	Shotwick Hall moated site	SJ 3359 7202
Shotwick Park	13452	Shotwick Castle motte and bailey	SJ 3494 7044
Tilstone Fearnall	110.5.2	Tilstone Hall folly, 16th Century	SJ 5726 6086
Tiverton	125	Beeston cast iron lock	SJ 5540 5980
Upton-by-Chester	13415	Upton Grange moated site	SJ 4239 6915
Upton-by-Chester	25722	Roman camp at Upton Heath, beside the	SJ 4175 6950
		water tower north of Long Lane
Upton-by-Chester	25723	Roman camp at Upton, 400m east of the	SJ 4209 6956
		water tower north of Long Lane
Upton-by-Chester	25724	Roman camp at Upton, 350m north-east	SJ 4193 6985
		of the water tower north of Long Lane
Upton-by-Chester	25726	Roman camp 300m west of Upton	SJ 4200 6920
		Grange Farm
Waverton	25715	Roman camp 50m south of Elm Bank	SJ 4514 6935
Wervin	27590	Chapel site at Chapel House Farm	SJ 4194 7187

 

Evaluation of Archaeological Sites

Policy ENV 32

Where development proposals affect sites of known or potential archaeological interest, the City Council will require an archaeological assessment/evaluation to be submitted as part of the planning application. Planning permission will not be granted without the adequate assessment of the nature, extent and significance of the remains and the degree to which the proposed development is likely to affect them.

Reason/Explanation

Archaeological sites are an important part of the heritage of the nation and the local area. Adequate assessment is required prior to determination in the above circumstances to ensure that appropriate decisions can be taken relating to known or potential archaeological sites affected. Decisions will depend on the importance of the site and will be in accordance with policies ENV 31 to 34.

 

Sites of potential archaeological interest may include areas in close proximity to known archaeological sites, areas that are of high archaeological potential and/or are extensive. Included in any definition of archaeological sites are deposits, such as peat, which, although not formed by direct human activity, nevertheless contain irreplaceable information about the past of the District. Historic landscapes and buildings will also contain irreplaceable information about the past as well as making a major contribution to the distinctive character of the District.

 

Sites of Regional or County Importance (Grade A Sites)

Policy ENV33

Development proposals affecting the site or setting of a site of regional or county importance will only be permitted if the integrity of the archaeological remains has been secured.

Reason/Explanation

The County Sites and Monuments Record is maintained by Cheshire County Council and a District Archaeological Statement is being prepared by Chester City Council and Cheshire County Council. For Aldford, Farndon, and Malpas, the Extensive Urban Survey and its supporting Strategy Reports should be consulted. For Chester city centre, the Urban Archaeology Database and the Archaeological Implications Map should be consulted. These sources provide information about the existence of archaeological remains which do not qualify for scheduling or ranking as of National Importance but are of sufficient regional or county importance (by virtue of their rarity or the contribution they make to the integrity of the historic environment) to merit protection.

 

It is, therefore, important to obtain, as early as possible, a detailed picture of the archaeology of the area of interest in order that archaeological constraints to development can be identified and appropriate measures taken.

 

The preservation of sites of regional or county importance in their setting is important, and may frequently be achieved through sympathetic layout and design. Included in any definition of archaeological sites are deposits, such as peat, which, although not formed by direct human activity, nevertheless contain irreplaceable information about the past of the District. Historic landscapes and buildings will also contain irreplaceable information about the past as well as making a major contribution to the distinctive character of the District.

 

Decisions about appropriate mitigation strategies and permissible levels of damage will be informed by guidance in Planning Policy Guidance Note 16: Archaeology and Planning.

 

The rural Sites of Regional or County importance (at April 2003) are:

 

Parish	Name	Name of Site	NGR
Barrow	7.3.1	Barrow churchyard	SJ 4695 6830
Barrow	7.7.8	Barrowmore Sanatorium	SJ 4756 6905
Barton	8.4.1	Embanked boundary of King Marsh’s	SJ 4362 5471 –
		sanctuary	SJ 4354 5413
Beeston	9.2.1	Enclosure	SJ 539- 598-
Beeston	9.2.3	Enclosure	SJ 5362 5878
Beeston	9.7.10	Royal Ordnance Depot	SJ 5480 6005
Broxton	14.2.2	Roman villa	SJ 5432 4974
Caldecott	19.4.1	Castletown shrunken hamlet	SJ 4380 5110
Caldecott	19.4.2	Caldecott Green shrunken hamlet	SJ 4310 5200
Caldecott	19.4.3	Green Lane medieval sunken way	SJ 4355 5200
Capenhurst	20.4.3	Moated site	SJ 3768 7369
Carden	21.1.1	Site of Bronze Age barrow cemetery	SJ 4610 5394
Carden	21.1.4	Mesolithic rock shelter	SJ 4641 5367
Carden	21.1.5	Rock shelters (two)	SJ 4638 5373
Chorlton	25.2.2	Roman villa ?	SJ 4606 4834
Chorlton	25.4.2	Moated site	SJ 4612 4839
Chorlton	25.5.1	Water-gardens or duck decoy	SJ 4615 4845
Chowley	27.4.1	Deserted or shrunken hamlet	SJ 4750 5630
Christleton	28.3.2	Christleton churchyard	SJ 4407 6572
Churton-by-Aldford	31.2.2	Rectilinear enclosure	SJ 4150 5660
Claverton	33.2.1	Part of Heronbridge Roman ‘small’ town	SJ 4100 6300
Clutton	35.1.1	Two rock shelters	SJ 4648 5410
Clutton	35.4.2	Holy well	SJ 4739 5524
Coddington	36.4.2	Old Beachin moated site	SJ 4446 5735
Crewe-by-Farndon	39.2.2	Crewe Hill Roman villa?	SJ 4201 5256
Dodleston	42.3.1	Curvilinear churchyard	SJ 3620 6090
Dodleston	42.4.4	Windmill mound	SJ 3573 6178
Duckington	43.2.1	Roman site	SJ 4880 5230
Eaton	46.6.1	Windmill mound	SJ 4064 6054
Eccleston	47.2.1	Part of Heronbridge Roman ‘small town’	SJ 4100 6200
Eccleston	47.3.1	Curvilinear churchyard	SJ 4133 6342
Farndon	51.1.1	Neolithic mortuary enclosure	SJ 4109 5580
Farndon	51.3.3	Farndon churchyard	SJ 4130 5450
Farndon	51.6.1	Boat on river-bed, 17th Century	SJ 4122 5379
Foulk Stapleford	52.4.2	Brereton Park pottery kilns, 13th Century	SJ 5057 6355
Grafton	55.2.2	Roman village (Bovio)	SJ 4525 5165
Grafton	55.4.3	Pillow mound east of Grafton Hall	SJ 4516 5125
Great Boughton	56.2.4	Roman cemetery	SJ 4222 6568
Guilden Sutton	57.2.5	Roman camp at Bellevue Farm	SJ 4400 6780
Hampton	58.1.1	Bronze Age burnt mound	SJ 5185 5008
Handley	59.3.1	Oval enclosure (940 x 740m)	SJ 4681 5758
Hatton	62.5.1	Site of formal garden	SJ 4725 6096
Horton-cum-Peel	66.4.4	Hollow way	SJ 4986 6984
Horton-cum-Peel	66.6.1	Formal garden at Peel Hall, 17th Century	SJ 4995 6954
Huntington	67.4.5	Moated site south-east of Saighton Camp	SJ 4326 6406
Huntington	67.7.1	Saighton Camp	SJ 4300 6430
Kings Marsh	71.4.1	Sanctuary enclosure	SJ 4380 5510 –
			SJ 4363 5472
Lea Newbold	74.4.1	Lea Hall moated site	SJ 4319 5885
Marlston-cum-Lache	81.6.2	Brereton’s duck decoy (1663)	SJ 3770 6278
Marlston-cum-Lache	81.6.3	Mermaid’s Purse duck decoy	SJ 3798 6313
Mickle Trafford	81.3.1	Hermitage site	SJ 4571 7007
Moston	84.7.2	Moston Barracks	SJ 4000 7000
Overton	90.4.2	Deserted hamlet?	SJ 4740 4820
Picton	91.2.4	Fox Covert Lane Roman camp	SJ 4250 7020
Poulton	92.4.1	Poulton Abbey (1146 – 1214) and Grange	SJ 4061 5914
Poulton	92.4.2	Poulton Chapel	SJ 4036 5836
Poulton	92.7.1	Airfield, 20th Century	SJ 4000 5900
Rowton	96.4.2	Blakestrete medieval road	SJ 4500 6318
Shotwick Park	101.4.1	Deer Park	SJ 3520 7120
Shotwick Park	101.4.2	Park pale	SJ 3381 7115 –
			SJ 3547 7272 –
			SJ 3499 7032
Shotwick Park	101.4.11	Kingswood Lane/Saltersway medieval road	SJ 3600 7083
Tattenhall	106.2.1	Roman villa?	SJ 4864 5861
Thornton-le-Moors	107.3.1	Anglo-Norse cross-shaft, 10th Century	SJ 4415 7454
Upton-by-Chester	113.1.1	Bache Pool Mesolithic site	SJ 4040 6825
Upton-by-Chester	113.2.7	Roman camp in grounds of Upton High	SJ 4210 6890
		School
Upton-by-Chester	113.2.8	Roman camp in playing fields south of	SJ 4250 6890
		Upton Grange
Upton-by-Chester	113.6.1	Cock pit	SJ 4090 6905
Waverton	114.1.1	Eggbridge oval enclosure	SJ 4587 6429
Waverton	114.2.3	Eggbridge rectangular enclosure	SJ 4584 6421
Waverton	114.3.1	Oval enclosure (85 x 65m)	SJ 4618 6336
Woodbank	119.4.1	Shotwick Park boundary	SJ 3441 7180 –
			SJ 3547 7272

?  = Identification not certain

 

Sites of District and Local Importance, Including Stray Finds (Grade B and C Sites)

Policy ENV 34

Development proposals affecting the site or setting of a site of District or local importance will be permitted where it can be demonstrated that the particular site or monument can be preserved in situ or, where this is not feasible, by record.

Reason/Explanation

The County Sites and Monuments Record is maintained by Cheshire County Council and a District Archaeological Statement is being prepared by Chester City Council and Cheshire County Council. For Aldford, Farndon and Malpas, the Extensive Urban Survey and its supporting strategy reports should be consulted. For Chester city centre, the Urban Archaeology Database, when completed, and the Archaeological Implications Map should be consulted.

 

These sources provide information about the existence of archaeological remains which do not qualify for scheduling or ranking as of Regional/County importance but are of sufficient local importance (by virtue of their local rarity or the contribution they make to the integrity of the historic environment) to merit protection.

 

It is, therefore, important to obtain, as early as possible, a detailed picture of the archaeology of the area of interest in order that archaeological constraints to development can be identified and appropriate measures taken.

 

The preservation of sites of District or local importance in their setting is regarded as the best option and is thus desirable, and may frequently be achieved through sympathetic layout and design. Included in any definition of archaeological sites are deposits, such as peat, which, although not formed by direct human activity, nevertheless contain irreplaceable information about the past of the District. Historic landscapes and buildings will also contain irreplaceable information about the past as well as making a major contribution to the distinctive character of the District.

 

Where a site has been the subject of an agreed evaluation programme, mitigation or further archaeological work may be necessary before development takes place, if planning permission has been granted. This archaeological work may vary from full archaeological excavation to a watching brief during construction and will be secured through a Section 106 Agreement and/or planning conditions.

 

Decisions about appropriate mitigation strategies and permissible levels of damage will be informed by national practice and policies.

 

If archaeological remains are revealed during construction work, paragraph 31 of Planning Policy Guidance Note 16: Archaeology and Planning suggests that both parties should enter negotiations about the treatment of such remains. In cases where the remains are of sufficient importance as to warrant scheduling or revoking planning permission, there is a case for the provision of compensation.

Section G: Conservation Areas

3.132There are currently sixty-one conservation areas in the Chester District, located within three main geographical areas.  These are the rural area where there are forty-eight (covering whole villages or parts of them), the suburban fringe which contains twelve, and the city centre itself which is a conservation area (see Proposals Map).  The policy framework recognises that each area has special needs to combat particular development pressures.

3.133 The Council's Conservation Team works on a continuous programme of improvement and enhancement schemes for conservation areas in the District as a whole.  Work includes a wide range of projects ranging from enhancement schemes for village greens to the traditional resurfacing of city centre streets and the renovation of listed and historic buildings.  Work is financed by the Council's Capital programme, Partnership Schemes with English Heritage, the private and voluntary sectors, or by grant aid from the Council's Conservation Fund.

3.134 Conservation Officers work with Development Control Officers, commenting on planning applications affecting conservation areas in relation to the policies set out in the Local Plan.  Together they negotiate with developers to achieve the most appropriate development.

 

General Background

3.135 Conservation areas are designated to preserve and enhance the special architectural or historic character of an area.  The local planning authority has a duty to consider the designation of such areas under Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990.  This entails considering the area as a whole, including the architectural quality of individual buildings, but also the nature of the streetscape and open spaces, and the townscape quality of the area as a whole.  Local planning authorities are required to review all conservation areas on a regular basis.

3.136 Conservation areas should not be seen as static "museum" environments.  Change must take place to accommodate the needs of residents, businesses and visitors.  The Council will be flexible in its approach to conservation areas, for example by allowing further housing for local people or providing for economic growth.  However, this must be balanced against the particular intrinsic qualities of each conservation area so that changes do not damage their special character but preserve or enhance it.

3.137 It is important to consider more than the built fabric in a conservation area.  The uses within, and the local community, are equally important factors in defining its character.  A conservation area that is being used is likely to remain in a better state of repair through maintenance and economic input.  The Council will seek to protect and enhance the vitality of conservation areas.

3.138 The Council wishes to promote the awareness of conservation areas and their role to residents, property owners and visitors alike. Property owners should be made aware of the elements which should be preserved, the controls that exist to protect the character of each area, and the assistance and advice available to them from the Council.

3.139 To complement the conservation area policies, the Council has prepared more detailed guidance to advise property owners and the public, on appropriate development methods for conservation areas. This covers issues specific to particular conservation areas and specific development techniques. This guidance includes leaflets on:

• Conservation Areas
• Repairs to Historic Buildings
• Pyecroft Street Design Guide
• A Guide to Windows and Doors
• Liverpool Road Design Guide
• The Rows: Policy & Legislation
• Lighting Guidance for the City Centre
• Article 4 Directions
• Shopfront & Advertisements Guide

3.140 There is a duty on the Council to carry out work of a high standard on its own property and undertake enhancement work on its own land. This will set a precedent for private development, and in many cases can act as a stimulus for further improvements and high quality development.

3.141 Enforcement action will be taken where appropriate when there has been a failure to apply for the appropriate permission or consent and inappropriate development has taken place within a conservation area.

 

Objectives

3.142 In formulating policies for conservation areas, the Council has three main objectives:

• to ensure the preservation or enhancement of areas of architectural or historic interest
• to be responsive to the economic and social needs for change in historic areas
• to increase awareness of the importance and quality of areas of architectural or historic interest within the District

 

Policies and Proposals

 

3.143 The policies and proposals for conservation areas are set out below in a number of different sections. Each section begins with an explanation of the policy background and this is then followed by one or more policies or proposals.

3.144 The policies provide a co-ordinated and integrated approach to the protection and enhancement of conservation areas. Where proposals for development affecting conservation areas require planning permission, then the proposal will be determined in accordance with the relevant Local Plan policies. Where proposals require conservation area consent only there is no statutory requirement to have regard to Local Plan policies when determining the application, although they may be used for guidance. Other proposals will require both planning consent and conservation area consent, and in these situations the two applications will be considered together wherever possible. Local Plan policies will clearly be relevant when determining such proposals.

 

Designation of Conservation Areas

3.145 The Council will continue to designate and review conservation areas as appropriate, preparing character assessments and enhancement objectives which will have undergone public consultation. Designation should be accompanied by an assessment which clearly identifies the character of the area and its "special" architectural or historic interest. The reasons for designating are the key to the future protection and enhancement of the area.  The designation process must be selective ensuring that only those areas deserving conservation area status are designated.

3.145 The designation of conservation areas allows the use of associated policies to ensure the preservation or enhancement of areas of special architectural or historic interest. It is important that reviews are undertaken to designate new conservation areas and monitor existing ones and where this is the case the conservation area policies within the Local Plan will apply.

3.146 The boundaries of a conservation area must be clearly marked on a good base plan and be included in the development plan. The boundary should reflect the character of the area including backland areas where appropriate, or drawn tightly around the built form. The inclusion of weak or poor areas that are a key element in the Plan form and character of the area can provide a framework to encourage and control appropriate development.

3.147 The boundaries of existing city centre and suburban conservation areas are shown on the Proposals Map Insets for Urban Area and City Centre. The boundaries of village conservation areas are shown on the Village Inset Maps within the folder. Conservation areas are kept under continual review and applicants are advised to contact the Council’s Conservation Team to find out what reviews are currently being undertaken and what changes may have been made to conservation area boundaries since the Plan’s publication.

 

Conservation Area Character Assessments

3.149 Character Assessments have been prepared for conservation areas within Chester District and these assessments are kept under review.  Reviews will include new Character Assessments and Management Plans and may also involve changes to the boundaries shown on the Proposals Map. The existing assessments establish the essential elements of the conservation areas, defining their own special character and interest. They identify key issues affecting each conservation area and have been used in the preparation of the conservation area policies.

3.150 The Conservation Area Character Assessments also identify enhancement objectives for each conservation area which will improve their quality and character. Varying in scale and ease of implementation they are the responsibility of a number of public bodies and individuals.

3.151 The Council will use the Character Assessments prepared for each conservation area, which have undergone public consultation, in conjunction with conservation area policies for development control and enhancement purposes. The preparation of clear character statements and enhancement objectives allows the Council to react to investment possibilities and channel funding that may arise into appropriate schemes. In defining clear objectives and identifying enhancement possibilities it is hoped that the future of the conservation areas will be safeguarded and positive contributions made to their own intrinsic qualities.

 

Demolition in Conservation Areas

3.152 The Planning (Listed Buildings and Conservation Areas) Act 1990 together with Planning Policy Guidance Note 15: Historic Environments and Circular 14/97 (Planning and the Historic Environment) set out the basis on which demolition can be controlled in conservation areas.  Conservation Area Consent (CAC) must be obtained for any of these demolition works. 

Policy ENV 35

Planning applications involving the substantial or total demolition of a building(s) or structure(s) in a conservation area will not be permitted unless the demolition and any proposed replacement building would preserve or enhance the character or appearance of the area.

Reason/Explanation

Conservation areas derive their intrinsic qualities and character from all the elements within. The loss of buildings through demolition can dramatically change the character of an area. Where new development is proposed in conjunction with demolition an assessment will be made of the likely resultant impact on the character or appearance of the area. In making this assessment the Council will seek to preserve buildings which make a positive contribution to a conservation area.

 

Demolition is not an end in itself. The subsequent use of the site must be considered, whether it be left vacant, or whether further applications are placed for new development. In granting consent for demolition the Council must be satisfied that any redevelopment will preserve or enhance the character of the conservation area and not detract from its intrinsic qualities.

 

The Council will expect the coincidental submission of applications for planning permission for any replacement development and applications for Conservation Area Consent, which if granted, will be subject to conditions to avoid premature demolition.

 

(See also Policy ENV 37)

 

Recording

3.153 Where applications for the demolition of buildings of architectural or historic interest in conservation areas are permitted, the Council will normally make it a condition of consent that applicants arrange suitable programmes of recording of features that would be destroyed in the course of the works for which consent is sought.

Policy ENV 36

Reason/Explanation

The complete demolition of a building behind the façade is generally discouraged. However, this type of development will be considered on its merits if:

 

• the façade of the building is an important element in the townscape and character of the conservation area
• the fabric of the building has come to the end of its useful life and is either beyond repair or unusable
• there are no alternatives to safeguard the future of the building, and subsequently the streetscape

 

New Development in Conservation Areas

3.154 The Council will seek to promote development which enhances the character or appearance of each conservation area and discourage that which will erode its quality. The following policies will allow more informed decisions to be made on planning applications and provide the framework to ensure that new development has a positive effect with minimal negative impact.

3.155 The Council will in most cases only consider full planning applications for new development within conservation areas, including infill, redevelopment, extensions and where appropriate alterations in, or affecting the setting, of conservation areas.

3.156 The submission of a full planning application allows the Council to consider the full implications of any proposed development and to negotiate improvements where appropriate. Outline applications will only be accepted where they contain sufficient detail to enable the interests of the conservation area to be fully considered.

3.157 The uses in conservation areas are as critical as the built form and spaces. It is the residents and commercial uses that bring an area to life, manage and steward its development and provide it with a function. However, some conservation areas are coming under increasing pressure from unsuitable uses due to social and economic change.

Policy ENV 37

Development in conservation areas or affecting the setting of such an area will only be permitted where it will preserve or enhance its character or appearance.

Reason/Explanation

Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that special attention shall be paid in the exercise of planning functions to the desirability of preserving or enhancing the character or appearance of a conservation area.

 

In considering the design and impact of all new development within conservation areas, including demolition, redevelopment, the change of use of land or buildings requiring planning permission and new development on vacant sites, the Council will have regard to the effect of the following criteria and the impact of any development on the immediate surroundings of the site, the broader townscape or its landscape setting:

 

• the height, scale and orientation of the proposed development
• the bulk, massing and density of the proposed development and its layout in relation to any building line and the surrounding plan form
• the proposed points of access, both pedestrian and vehicular to the development and their relationship to the surrounding plan form
• the quality and type of materials to be used in the construction of the development and any boundary treatments and landscaping
• the design and detailing of the proposed development
• the retention of ancient and historic thoroughfares
• the retention and maintenance of historic street furniture, surfaces and boundary treatments
• the traffic generation implications and parking requirements of the proposed development

These criteria will be considered in conjunction with the Character Assessments and the need for new development to respect its context within the conservation area. There will be a presumption against the loss of open space in conservation areas, including private gardens, (other than those identified for development), and planning permission will not be granted for the development of such open spaces.

 

This provides a formal policy framework to control and guide all the design aspects and visual and physical implications of new development within or affecting the setting of conservation areas. The character of the conservation area is derived from both the individual buildings and the townscape in its broadest sense. The townscape includes surface materials in the streets and open spaces, street furniture and boundary treatments, including both hard and soft landscaping. These elements combine to form the fabric of the conservation area, providing a setting for the buildings and creating the public realm.

 

The Council will encourage the undergrounding of telecommunication and electricity cables and associated equipment housing, whenever the opportunity arises within conservation areas. Such utilities can have a particularly damaging effect on the townscape quality and character within or affecting the setting of a conservation area and is particularly out of place in the rural area. The benefits of placing these underground can be seen in the centre of the Tarvin Conservation Area which has benefited from a reduction in clutter, allowing the intrinsic qualities of the street space and buildings to be fully appreciated.

 

This policy should be used in conjunction with those set out in the Urban Design section of the Local Plan to ensure that all design criteria are met.

 

Views

3.158 Views are key elements in the townscape of conservation areas and thus in the definition of their special character. Providing an enriched experience for visitors and residents, they unite the historic buildings with other properties in general and the pattern of open spaces.

Policy ENV 38

Planning permission will not be granted for new development that will obstruct important views within, or views in or out of conservation areas.

Reason/Explanation

New development, including demolition, can have a dramatic effect on views, both locally and strategically by obstructing or breaking the rhythm of views or through inappropriate design which would impact upon the character or appearance of the conservation area or its setting.

 

The Conservation Area Character Assessments identify the most important views that need to be safeguarded from inappropriate development.

 

(See also Policy ENV 8 in the Urban Design section in this chapter)

 

Suburban Conservation Areas

3.159 Key elements can be identified which are critical to the Suburban Conservation Areas:

• these areas are predominantly residential
• they tend to follow a general development pattern where the uniformity of properties and their layout define the character of the areas
• open spaces play a key role in defining the density levels and providing breaks and visual features within

3.160 These elements have been identified for each conservation area and are described in the Character Assessments.

3.161 Within these areas there is a particular need to pay attention to the following issues:

• the pressure for extensions and new dwellings in private gardens
• the effect of unsympathetic alterations to properties, particularly in terraces or semi-detached properties
• the poor condition of street surfaces in terms of mix of materials and inappropriate modern materials

 

City Centre Conservation Area

3.162 Chester city is one of the foremost historic cities in Britain with areas of exceptional townscape value and many listed buildings of international importance. The Council recognises the need to protect the commercial and tourist base of the city and will be flexible in its application of policies. However, it is crucial that development and change is guided appropriately.

3.163 "Chester: The Future of an Historic City" is a key document in guiding the future of the city. After extensive survey work it identified the important features and characteristics of the historic core, and the pressures that the city as a whole is facing. The Study is important in that it considers more than conservation issues and recognises both the finite nature of the historic fabric and character of Chester, and its role as a positive resource in supporting social and economic goals.

3.164 The following policies relate specifically to the City Centre Conservation Area, providing more detailed policies for the stewardship of this unique resource.

Policy ENV 39

 

Reason/Explanation

The plan form of Chester has remained mostly intact since Roman times and there should be no further loss of any routes, however small. The tight historic grain of the city centre is key in defining its character and should be retained and strengthened wherever possible.

Policy ENV40

Development proposals that would adversely affect the historic skyline of the city centre will not be permitted.

Reason/Explanation

The skyline of Chester provides the first impression of the historic city for visitors. The most important elements of the historic skyline consist of the Cathedral Tower, the Town Hall Tower, church spires and the general roofscape which provides their context. It has remained relatively unscathed and should be protected to provide an indicator of the quality historic fabric of the city.

 

(See also Policy ENV 8 above)

Policy ENV 41

All new development within the Chester City Conservation Area will be required to show a very high quality of design reflected in all its component parts which will contribute positively to the townscape of an historic city of international importance.

Reason/Explanation

The design of any new development must be suitable for a central location in a major historic city and respect its immediate context and the character of the Conservation Area Character Assessment sub-area.

 

The delicate balance of rhythm in the façades of the historic city centre is derived from the nature of the built form. This is composed from the architectural detailing, fenestration, skyline treatment and presence, or lack of signage. New development should respect its context and become a positive element in the street scene.

 

The detailing of buildings should provide interest at the corners and respect the plan form when addressing bends and junctions. Similar attention should be paid to the townscape quality of buildings within façades so that they provide incident, or conform to the unity of the area where appropriate.

 

New buildings should have integrity and contribute positively to the townscape on their own merits. Despite the strong historic nature of the city centre there is room for new, modern design, providing it is of a high quality and relates well to its context. The Council wishes to encourage innovative and contemporary design in the city centre and not weak imitations of historic buildings.

 

(See also policies and proposals in the Urban Design section in this chapter)

Policy ENV 42

Development appropriate to a city centre which would increase Chester’s vitality and interest, maintain its historic character and would not conflict with its retail function as a subregional shopping centre will be permitted.

Reason/Explanation

A variety of uses should be encouraged within the city centre, and targeted to strengthen the character of individual areas. There is considerable scope for further residential projects which would encourage activity in the city centre throughout the day and night.

 

Any large redevelopment or development scheme will be expected to contain an appropriate mix of uses in order to assist in reducing its impact and bulk.

 

(See Policy RET 2 on Primary Shopping Streets in the Retail chapter)

Policy ENV 43

Development proposals in the city centre which demonstrate that sensitive consideration has been given to the historic fabric in terms of roof treatments, backs of properties, the location of ventilation equipment and plant, fire escapes and service areas will be permitted.

Reason/Explanation

The backs and roofs of properties, notably commercial premises need to be given special attention, particularly when they are seen from the street or city Walls level. Dull expanses of blank walls and inappropriate roof forms and materials should be avoided. The inappropriate siting of ventilation grilles and air conditioning units and other plant and equipment can have a detrimental effect on the quality and character of the conservation area.

 

The River and Canal Corridors

3.165 The river corridor needs to be considered as a whole due to its strategic importance in the setting of the city. The Chester Waterways Study provides a sound base for shaping its future, providing a comprehensive overview of the river area. Covered on both sides by conservation areas as it runs through the city, there is a statutory framework for preserving the character of this area. Any proposals for development along its length must, therefore, be considered in terms of their affect on the character and quality of the river corridor as a whole.

3.166 A strategic approach should also be developed for the canal corridor as it runs through the City Centre Conservation Area. The basis of this is also set out in the Chester Waterways Study.  This area provides great potential for regeneration projects and individual projects should not compromise the character of the area as a whole.

Policy ENV 44

Proposals for development along the length of the river or canal corridor will only be permitted where they preserve or enhance amenity, ecological, visual and townscape importance.

Reason/Explanation

The Council recognises the strategic importance of the river and canal corridors to Chester as a whole and will endeavour to ensure their protection and enhancement.

 

To achieve this it is important to have an overview of enhancement objectives and any development which may have a negative effect on the character of these waterways and their corridors. The Chester Waterways Study provides a comprehensive and co-ordinated basis to manage the future of these resources.

 

Alterations and Repairs to Non-Listed Buildings in Conservation Areas

3.167 There are other alterations to buildings within a conservation area which can have a detrimental effect on its character. The Council has control over such activities where they relate to commercial premises but, in the case of dwellings (excluding flats) permitted development rights apply, unless an Article 4 Direction is in force. Unsympathetic alterations can undermine the character of a conservation area.

3.168 The Council will ensure that appropriate alterations are made to commercial premises and wish to encourage owners of dwellings to exercise care when carrying out such alterations and repairs. Conservation staff are available to discuss changes and give advice so as to achieve a solution that will suit the needs of all parties.

3.169 The Council will seek to achieve sympathetic alteration and repairs to buildings, and architectural features, in conservation areas through discussion with property owners. This will include consideration of:

• windows
• doors
• shop fronts
• painting, rendering or re-pointing to walls
• works affecting the roofscape, including re-tiling, and chimney stacks
• work affecting any other features on the buildings, including porches, balconies and any carving or inscriptions, and front gardens and parking areas

 

Trees in Conservation Areas

3.170 The majority of trees (excluding small trees and ones that are dead, dying or dangerous) not covered by individual or group Tree Preservation Orders within conservation areas are given special protection. Six weeks notice must be given before they are cut down, topped or lopped in order that the Council can determine whether the tree(s) is worthy of a preservation order.

 

The Use of Advertisement Regulations in Conservation Areas

3.171 This policy area is covered in detail in the section on Advertisements, Shopfronts, etc. in this chapter. However, it is important that special consideration is given to advertisements in conservation areas to recognise the need to preserve or enhance their character, and also the economic and social requirements of the residents and business within the area.

3.172 The Council has adopted the Supplementary Planning Document: Adverts & Banners which provides further guidance on adverts and banners throughout the District.

Section H: Listed Buildings

3.173 Listed buildings are those recorded as being of special architectural or historic interest in the list compiled or approved by the Secretary of State for Culture, Media and Sport. A listed building comprises the principal building shown on the list and includes any object or structure fixed to that building. Buildings, objects or structures within the curtilage of the principal building which are not fixed to that building but which form part of the land and have done so since before 1 July 1948, are treated as part of the principal building.

3.174 Chester's listed buildings are recognised as a unique environmental asset for the District. At present, the District contains some 2388 listed buildings, following the re-survey which was completed in 1992. Of these 3% are listed Grade I, that is, of exceptional importance, and a further 9% are Grade II*. This is double the national average for these grades of buildings, and highlights the special importance of Chester's listed buildings on a national level.

3.175 The Council has an exemplary record in preserving listed buildings and it has twice won a Europa Nostra award for conservation. Comprehensive repair programmes were instigated as far back as 1968, and the prevention of decay and damage is an on-going process of identification, encouragement and control in which the Council takes a particularly pro-active role. The Council has spent considerable sums on the repair of a large number of historic buildings. This has been a key tool in encouraging the preservation of Chester's historic environment and acts as a multiplier for attracting funds from other sources for repair and restoration. In addition, the Council has recently revised its Buildings at Risk Register and this will be used to monitor the condition of vulnerable listed buildings throughout the District.

3.176 The careful guardianship of the listed buildings throughout the District is considered to be of prime importance by the Council in order to safeguard the quality of life for the residents of the District and preserve the historic environment. Most historic buildings can be put to good economic use with realistic and imaginative approaches to their alteration and re-use.

3.177 The Rows of Chester are of international and national architectural and historical significance. The Council recognises their importance and will seek World Heritage Site status to further their protection. The recording and surveying of the Rows has been highly influential in identifying critical buildings and their components, in order to protect the best and allowing scope for the new. It is important to continue this process, both in the city centre and the rest of the District, to make intelligent decisions about the future of historic buildings.

3.178 The Council considers it important to ensure that listed buildings and structures are accessible to visitors and the community. Accessibility and interpretation are vital tools in the promotion of conservation of historic buildings as it brings greater understanding and care. Where opportunities arise in the development process, the Council will seek to continue this aspect of the conservation of historic buildings.

 

Policies and Proposals

 

Protection of Listed Buildings

3.179 Listed buildings policies clearly show how the Council will seek to preserve and enhance listed buildings through its development control function. Planning applications affecting listed buildings will be determined in accordance with relevant Local Plan policies. Proposals for works affecting listed buildings may require Listed Building Consent (LBC) in addition to planning permission. In the determination of applications for Listed Building Consent, there is no statutory requirement to have regard to the provisions of the Local Plan. However, applications for planning consent and listed building consent are often directly related and will be considered together wherever possible. Local Plan policies will therefore be relevant in these situations.

3.180 Listed buildings are a finite resource and their preservation is considered to make a major contribution to the quality of life in Chester and its cultural heritage. Therefore, in considering applications for listed building consent there will be a general presumption in favour of the preservation of such buildings.

Policy ENV 45

Planning permission will be refused for proposals that fail to have regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Reason/Explanation

In considering development which affects a listed building or its setting the Council will have special regard to the intrinsic importance of the building or structure, its physical features and characteristics, its setting and contribution to the local scene and the extent to which the development would bring benefits to the community. Structures or buildings which contribute to the character or setting of a listed building should be retained rather than replaced or demolished. Listed buildings, once lost, cannot be replaced and there will be a presumption in favour of their preservation.

 

3.181 In determining applications for listed building consent, the Council will have regard to the intrinsic importance of the building or structure, its physical features and characteristics, its setting and its contribution to the local scene, and whether there are substantial benefits for the community.

3.182 From time to time additional evidence may arise which indicates that a building or structure is worthy of inclusion on the statutory list. The Council will seek to protect such buildings by taking the necessary steps for their addition to the list.

 

Application Information

3.183 In order to protect listed buildings, sufficient information about the possible impact of a proposal must be supplied prior to determination and applicants must demonstrate that the works proposed are necessary and justifiable. In many instances, there is a close link between development control decisions and listed building control, and in these circumstances both issues will need to be considered together.  Proposals should clearly demonstrate the full impact of a proposal on a listed building or structure, its features and its setting and applications should clearly show which elements are to be retained, all new work and demolition and should be accompanied by scaled plans, elevations, details of construction and materials, and specifications.  Management plans will be encouraged in relation to important historic buildings and parks, in order to secure their long term protection.

3.184 The Council will expect the requirements of other legislation and associated works to be fully expressed in a proposal for listed building consent prior to determination.

 

Changes of Use

Policy ENV 46

Reason/Explanation

The Council considers that the best use will very often be the use for which the building was originally designed, unless it has evolved in a manner which would be detrimental to the building and its setting. Control over changes of use will be exercised sympathetically in order to find the best viable use which is compatible with the fabric of a listed building and its setting and the amenities of the surrounding area.

 

Local List of Buildings of Architectural or Historic Interest

3.185 This section has focussed upon listed buildings which are of national importance and enjoy statutory recognition and protection. There are many buildings which are of local significance to the character and appearance of the Chester District but are not formally defined and protected as listed buildings or form part of conservation areas.

3.186 These buildings make a substantial contribution to the distinctive qualities of Chester District and the Council aims to encourage their retention, sympathetic repair and appropriate use. In addition the Council will consider the use of Building Preservation Notices in cases where proposals are made to demolish or carry out damaging work to an important unlisted building to allow time to decide if statutory listing is appropriate.

3.187 A list will be produced by the Council of locally important non-listed buildings which will form part of a Supplementary Planning Document. The list will be a material consideration in dealing with relevant planning applications with priority given to the conservation and enhancement of locally important buildings. The list will be periodically updated and reviewed by the Council when appropriate.

 

Policy ENV 47

Proposals for development which fail to have regard to the special qualities of locally important buildings of architectural or historic interest, their features of interest or their settings will be refused.

Reason/Explanation

Locally important non listed buildings help to define the District's local distinctiveness, contributing to its particular sense of place and identity. The Council will resist proposals which would result in their decay, destruction, partial demolition or inappropriate use and alteration.

 

Recording

3.188 Where applications for the demolition or alteration of listed or locally important buildings of architectural or historic interest are permitted, the Council will normally make it a condition of consent that applicants arrange suitable programmes of recording of features that would be destroyed in the course of the works for which consent is sought.

 

Historic Parks and Gardens and Historic Battlefields

Policy ENV 48

Reason/Explanation

Chester District has a number of designed landscapes, parks and gardens and an important historic battlefield from the Civil War. Not only are these areas of significant historic importance but they also now provide the setting for a number of historic buildings and high quality open spaces.

 

The effect of development on such sites or their setting will be a material consideration in the determination of any planning applications.

 

Historic Parks and Gardens and Historic Battlefields on the national registers are identified on the Proposals Map. The National Register of Historic Parks and Gardens includes part of Eaton Park.

 

In addition to the above sites contained on the National Register, the District contains a number of locally important sites. The presence of a locally important site will be a material consideration when assessing any proposals which could affect it. The Local Register contains the following sites in the plan area:

 

• Tirley Garth, Willington
• Bolesworth Castle, Tattenhall
• Grosvenor Park, Chester
• Overleigh Cemetery, Chester
• Carden Park
• Peckforton Castle (part of grounds in the plan area)
• Inglewood Manor, Ledsham
• Tushingham Hall, Tushingham
• Edge Hall, Malpas
• Tilston Lodge, Tilstone Fearnall
• Churton Lodge, Churton
• Greysfield, Great Barrow
• Broxton Old Hall, Broxton
• Willington Hall, Willington
• Stretton Hall, Stretton
• Ashton Hayes, Ashton
• Saighton Grange, Saighton
• The Rookery, Tattenhall
• Cherry Hill, Malpas
• Mollington Grange, Mollington
• Redcliffe, Lower Park Road, Chester

This list may be revised from time to time.

 

In determining such proposals the Council will have regard to the policies in the Urban and Rural Landscape sections of this chapter.

Section I: Advertisments, Shop Fronts, Blinds & Security Shutters

3.189 Chester is a highly successful retail centre and there are also many important suburban and village centres throughout the plan area. The Council considers that it is important to encourage retailing and commercial activity and it has long been recognised that economic vitality can be influenced by the quality of the shopping environment, including the design of advertisements, shopfronts, blinds and security shutters.

3.190 The design of advertisements, shopfronts, blinds, canopies, awnings and security shutters can have a great impact on the character or appearance of an individual building or surrounding area and can detract from it if not carefully considered. These policies seek to provide a careful balance between the requirements of businesses and the protection of local amenity.

3.191 Where there is pressure for advance directional signs, particularly as a result of the advertising needs of rural businesses, or in the urban area where intricate street patterns and narrow frontages may inhibit standard advertising practices, the Council will encourage the use of standardised highway signs as an appropriate means of meeting that need.

3.192 The Chester City Conservation Area and in particular the Rows are considered to be of international importance and the Council will pay particular regard to preserving and enhancing the character and appearance of that unique environment.

3.193 Most advertisements are controlled under the Town and Country Planning (Control of Advertisements) Regulations 2007. This regime enables the local planning authority to control advertisements, when it is justified, in the interests of amenity and public safety. When considering proposals for outdoor advertisements that require express consent, therefore, the Council must have regard primarily to the Advertisement Regulations. Section 38(6) of the Planning and Compulsory Purchase Act 2004 does not apply to such application for consent, but the plan’s advertisement policies will act as material considerations in determining whether an advertisement is to be permitted. The plan’s policies provide guidance for prospective advertisers on the type of advertisement displays that are likely to be acceptable in the locality. Additional guidance is provided in the Supplementary Planning Document: Advertisements and Banners.

 

Policies and Proposals

 

Advertisments

 

Design and Location of Advertisements

Policy ENV 49

 

Reason/Explanation

Insensitive advertising can detract from the appearance of individual buildings or the general characteristics of the locality. Advertisements which are poorly designed and sited, whether on buildings or free standing, can appear as incongruous and obtrusive features.

 

To prevent inappropriate displays, the Council will seek to ensure that advertisements are of an appropriate scale and size, are well designed and are sympathetic to both the building on which they are to be displayed and the general characteristics of the locality. Standardised or corporate displays that have no regard to the character of the building on which they are to be displayed or the general characteristics of the locality will be unlikely to be acceptable.

 

Inappropriate proposals that would have a detrimental cumulative impact will not be permitted.

 

Applications for advertisement consent should provide a sufficient level of information to allow the Council to reach an informed decision about the likely impacts of the proposal. Proposals for development which incorporate advertising should clearly show the likely impact of associated advertising at an early stage, preferably as part of an initial planning application.

 

The Council will pay special attention to the quality and appropriateness of advertisement displays in respect of listed buildings and conservation areas.

 

(See also policies and proposals in the Listed Buildings and Conservation Areas sections of this chapter).

 

Means of Illumination

Policy ENV 50

Reason/Explanation

The Council wishes to encourage the use of unobtrusive and discreet means of illumination in the interests of amenity and public safety.

 

In respect of illuminated advertisements on listed buildings or in conservation areas, the Council will only grant consent if it can be demonstrated that the proposal would preserve or enhance the character or appearance of the building or area.

 

The Council will pay special attention to the quality and appropriateness of illumination in respect of conservation areas and listed buildings. Standardised solutions such as the use of internally illuminated box advertisement are unlikely to be acceptable in conservation areas or on listed buildings.

 

Advertisements consisting of moving signs, moving messages or intermittent lighting are considered to be harmful to the interests of amenity and public safety and will not be permitted.

 

The Council’s Supplementary Planning Document: Advertisements and Banners provides advice on the illumination of advertisements.

 

(See also policies and proposals in the Urban Design, Listed Buildings and Conservation Areas sections of this chapter.)

 

Row Signage

Policy ENV 51

Reason/Explanation

The Rows are of international historic importance and the Council considers that they need to be safeguarded from inappropriate forms of advertisements which would detract from, and be detrimental to their character and appearance. Control over the number of projecting or hanging signs is necessary in order to prevent undue visual clutter on street frontage elevations. Further information on Row signage can be found in the Council’s guidance note

 

“The Rows: Policy and Legislation” and in the Supplementary Planning Document: Advertisements and Banners.

 

Advance Signs

Policy ENV 52

Signs which are situated in advance of the business being advertised will only be considered acceptable if it can be demonstrated that they would not have a detrimental effect upon the amenity of the locality.

Reason/Explanation

There can be pressure for advance signs, particularly as a result of the advertising needs of rural businesses, or in the urban area where intricate street patterns and narrow pavements may inhibit standard advertising practices.

 

Wherever practical, businesses in the same general location, or in bypassed communities, will be encouraged to combine their essential advertising needs so as to avoid a proliferation of advance signs.

 

Shop Fronts, Blinds and Security Shutters

 

Shop Front Design

Policy ENV 53

Reason/Explanation

To ensure that shopfront design and materials are of a high standard and respect the character of the building concerned and the character and visual amenity of the surrounding area and to ensure that important existing historical and/or architectural features are retained.

 

There are a number of important shop fronts in the urban area and elsewhere within the District that should be retained and repaired rather than replaced, because they are important elements in the make-up of the historic environment.

 

Blinds, Canopies and Awnings

Policy ENV 54

Reason/Explanation

Blinds, canopies or awnings can read as prominent features on the front of buildings and need careful consideration to ensure that they do not detract from the character or appearance of buildings or the locality. The materials, and design of all these features should be sympathetic to the character of a building and its environment. Dutch blinds and plastic awnings are considered to be inappropriate in respect of listed buildings or within conservation areas.

 

Security Shutters

Policy ENV 55

Proposals for the use of security measures will be permitted only if they do not involve the introduction of obtrusive features.

Reason/Explanation

Solid metal shutters and external shutters present a bleak and blank appearance to an area when closed, have no architectural merit, and discourage life and activity which help to prevent vandalism and burglaries. Other security measures which do not require obtrusive features on the exterior of buildings are encouraged, such as toughened glass and alarm systems.

 

Proposals for the installation of solid metal shutters, metal shutter boxes, external grilles or other obtrusive features will be unlikely to be acceptable in conservation areas or on listed buildings. Further information on security measures can be found in Supplementary Planning Guidance: Planning for Community Safety.

Section J: Energy Conservation

3.194 Central Government considers that the conservation of energy is one key issue to which local planning authorities should pay particular regard in the preparation of development plans. This should then contribute to a range of global and local environmental objectives, such as reducing emissions of greenhouse gases.

3.195 Energy conservation is also fundamental to the concept of sustainable development which all development plans must be based on.

3.196 There are two main aspects to be considered in relation to energy conservation:

• the promotion of the efficient use of renewable sources of energy such as wind, hydropower and solar energy to limit the emission of greenhouse gases which cause global warming
• an overall reduction in the use of fossil fuels such as coal, oil and gas which is one of the main causes of global warming

3.197 These two aspects are also closely interrelated, for example, the benefits from the increased use of renewable energy can include reduced local air pollution through the replacement of the use of fossil fuels.

3.198 Essentially there are two ways in which these aspects can be incorporated into development plans:

• through the inclusion of specific policies relating to energy generation and conservation
• through a more general recognition that the need to conserve energy and resources should pervade all policies in a plan, particularly though the location and nature of future development

3.199 One important way in which development plan policies need to take account of energy conservation is in the location of new development, since travel patterns influence CO2 emissions. In seeking to reduce such emissions the aim must be to guide new development to locations which:

• reduce the need for car journeys and distances driven
• encourage the choice of more energy-efficient public transport, without generating more or longer journeys, as well as
• encourage cycling and walking as alternatives to the private car

3.200 Thus the provision of transport infrastructure will influence settlement and development patterns and must be taken into account in the development plan process.

 

Objectives

3.201 The Council will seek to achieve energy conservation by:

• making provision for the generation of renewable energy schemes
• energy efficient building design and site layout
• encouraging development that makes full and effective use of land within the urban area and the villages, providing this does not result in "cramming" which would undermine the overall character of an area
• locating development in relation to public transport networks
• locating development which attracts traffic at nodal points in public transport networks such as the city centre and village centres
• locating housing development in such a way as to minimise car use for journeys to work, school and to other local facilities
• introducing limitations by capacity and price on city centre car parking, providing this does not encourage development in more energy-inefficient locations elsewhere
• facilitating appropriate interchange opportunities between public transport networks
• encouraging facilities to assist walking and cycling

 

Polices and Proposals

3.202 The Structure Plan Alteration, Cheshire 2016, supports the generation of energy from renewable sources, provided regard is had to the scheme’s impact on the landscape and historic environment and its effects on pollution, highways, aircraft operations and telecommunications. The wider impacts of development, such as transmission facilities needed or the effects on people living nearby should also be taken into account. The County Council's Structure Plan also contains a policy for assessing proposals for electricity generation from non-renewable fuels.

3.203 This Local Plan, in line with Central Government advice and the County Council's Structure Plan includes a policy for assessing proposals for renewable energy schemes i.e. wind, hydropower and solar energy. It also contains policies relating to energy efficient building design and site layout.

3.204 Policies set out in other chapters of the Local Plan, particularly Transport, Economy, Retail, Housing and Sport and Recreation, indirectly take into account the need to achieve energy conservation.

 

Generation of Renewable Energy

Policy ENV 56

Development proposals involving the development of renewable sources of energy in the plan area will be permitted.

Reason/Explanation

Whilst being committed in principle to the development of renewable sources of energy, the Council will balance the benefits of any such proposal against the criteria set out in any other relevant policies of the plan.

 

Any development in the Green Belt should not prejudice the reasons for including land in the Green Belt.

 

Energy Efficient Building Design and Site Layout

Policy ENV 57

All new developments which, where possible, are sited, designed, orientated and landscaped to achieve energy efficiency will be permitted.

Reason/Explanation

Passive solar energy is the easiest means of utilising a renewable energy resource. Detailed design, including insulation, the orientation of buildings to the south where possible and avoiding overshadowing by the careful juxtaposition of buildings, can achieve significant energy savings. Landscaping can also assist in this process by maximising solar gains in winter or by preventing wind funnelling and eddying.

Policy ENV 58

Development proposals consisting of the renovation of sub-standard buildings which, where possible, incorporate high standards of energy efficiency will be permitted.

Reason/Explanation

Renovation and improvement of existing buildings prevent the loss of such premises, provide a good standard of accommodation, reduce the landtake for new development and secure the efficient use of energy.

Section K: Pollution

3.205 This section looks at various aspects of pollution and ends with a criteria based policy against which development proposals will be considered.

3.206 Part 1 of the Environmental Protection Act 1990 defines pollution of the environment as:

"Pollution of the environment 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".

 

Air Quality

3.207 Potentially pollution processes are regulated by the Environment Agency and by local authorities, under the Pollution Prevention and Control Regulations 2000 (as amended) aided by guidance notes published by the Secretary of State advising on what standards constitute the Best Available Techniques.

3.208 Local authorities have a statutory duty under the Environment Act 1995 to assess air quality within their District.  Air quality objectives have been set in the Air Quality Standards Regulations for benzene, 1.3 butatidiene, particulates, sulphur dioxide, nitrogen dioxide and lead.  The Council carries out monitoring within the plan area for nitrogen dioxide and benzene. The results of the most recent Updated Screening Assessment for the District indicate that parts of the city centre do not meet the national air quality objectives for nitrogen dioxide.  The Council is proceeding to a detailed study for nitrogen dioxide in those areas.  If it is established that the air quality objective is not being achieved the Council will have to declare an Air Quality Management Area and devise an action plan to improve air quality in those areas.

3.209 It is likely that further air quality standards will be introduced in future years. The City Council will continue to monitor air quality to ensure that any future air quality standards are met and that air quality within the plan area is not allowed to deteriorate.

3.210 Odours can have an extremely detrimental effect on the quality of the local environment. New development should not create new odour sources and residential development should not be permitted close to existing sources.

 

Water Quality

3.211 The Environment Agency which was established in 1996 is responsible for policing and protecting water quality. This responsibility includes preventing the pollution of both surface water courses and underground aquifers.

3.212 The River Dee is an important source of drinking water for the Chester, Merseyside and North East Wales areas. The Environment Agency is currently working on implementing the Water Framework Directive (WFD) for the River Dee basin. A member of the City Council is the representative for the English local authorities on the working party for the WFD for the River Dee.

 

Waste Management

3.213 The waste licensing system is controlled by the Environment Act 1990.

3.214 The implementation of the licensing system is the responsibility of the Environment Agency.

 

Contaminated Land

3.215 This is land which has been contaminated by a previous use such that there is now some form of pollution in the ground.

3.216 The contaminated land regime is controlled by Part II A of the Environment Act 1990.

3.217 Development on or near contaminated land could mobilise the release of contaminants with resultant harm or pollution to the environment unless appropriate sustainable remediation measures are implemented.

 

Noise

3.218 The City Council is responsible for investigating and dealing with complaints relating to noise nuisance. Planning applications are assessed in relation to their potential to create noise nuisance and also to add to the ambient noise climate in the area of the development. The Council will require the highest standards in relation to noise exposure and may require developers to provide relevant data on noise levels.

3.219 Planning Policy Guidance Note 24: Planning and Noise outlines the considerations to be taken into account when determining planning applications, both for noise-sensitive developments and for those activities which will generate noise. The Note introduces the concept of noise exposure categories for residential development and recommends appropriate levels for exposure to different sources of noise. The Note also advises on the use of conditions to minimise the impact of noise.

 

Light

3.220 Recent changes to the nuisance provisions in the Environmental Protection Act 1990 have made light a statutory nuisance.

3.221Lighting is needed in many areas in the interests of public safety and it can enhance the appearance of some public buildings. However, lighting is sometimes poorly designed and misdirected, causing skyglow as scattered light spills into the night sky and reduces the visibility of the stars. Illuminated skies blur the separation between town and the surrounding countryside, introducing a suburban character deep into the rural area. The Council will seek to minimise the unacceptable effects of light pollution.

 

Polluction in the Plan Area

3.222 The quality of the environment in Chester District has improved over recent years.  Air quality in the majority of the District achieves the objectives set in the Air Quality Regulations, although a small part of the city centre does not achieve the objective for nitrogen dioxide.  Problems associated with sewage treatment at Chester Sewage Works have improved and a number of derelict sites have been reclaimed.

3.223 It is very important that these improvements are not jeopardised by allowing new development which is likely to cause unacceptable levels of pollution.

 

Policies and Proposals

Policy ENV 59

Reason/Explanation

To prevent any increase in pollution levels and, where possible, to reduce existing levels.

 

To protect the amenity of local residents.

Section L: Hazardous Installations

3.224 Legislation relating to hazardous substances has developed in Britain during recent years from the implementation of European Community Directives.

3.225 The major pieces of legislation relating to hazardous installations are the Notification of Installations Handling Hazardous Substances Regulations 1982 (NIHHS Regulations), the Control of Industrial Major Accident Hazards Regulations 1999 (COMAH Regulations) as amended in 2005, and the Planning (Hazardous Substances) Act 1990. In addition to these Regulations, the Nuclear Installations Act 1965 controls plant where nuclear material is handled.

3.226 The NIHHS Regulations 1982 require operators of sites which store or use quantities of specified chemicals in excess of prescribed thresholds to notify the Health & Safety Executive (HSE) of the presence of hazardous substances on the site. The HSE then prescribe an area or zone within which they would wish to be consulted if certain types of sensitive development are proposed.

3.227 The COMAH Regulations 1999 as amended, specify sites where large volumes of toxic, flammable or explosive substances are stored or used. The operator of each COMAH site has to prepare an "on site emergency plan" with the County Council preparing an "off site emergency plan". The operator is also required to prepare information and advise the public living within the “public information zone” around the site.  The HSE and the Environment Agency specify the public information zone distance around each site.

3.228 The Planning (Hazardous Substances) Act 1990 regulates the presence of hazardous substances so that these cannot be kept or used above specified quantities until an opportunity to assess the risk of an accident and its consequences for people in the surrounding area has been conducted.

3.229 In 1989 the HSE published a document entitled "Risk Criteria for Land Use Planning in the Vicinity of Major Industrial Hazards". This deals with the situation of proposed new development in the vicinity of an existing major hazard installation and explains the HSE's policy on giving advice to local planning authorities.

 

Exisiting Hazardous Installation in or Ajoining the Plan Area

3.230 Figure 3c below sets out the existing hazardous installations in or adjoining the plan area and the extent of the Consultation Zone for each of these. If certain types of planning applications are made within one of these defined areas, then the Council may be required to consult with the HSE.

Figure 3c

Exisiting Hazardous Installation in or Ajoining the Plan Area

 

Firm	Consultation Distance(m)
Shell Chemicals, Stanlow	Site specific
Shell Oil, Stanlow	Site specific
Air Products, Little Stanney	500
Shell Gas, Stanlow	700
L N Jones, Tattenhall	Site specific
Backford North PSD	Site specific
United Utilities, Huntington	Site specific
Kemira, Ince	1200
BNFL, Capenhurst	1000

 

3.231 A number of oil and gas pipelines pass through the District, which are strategic, non-hazardous installations.  The HSE notify the Council of the presence of all such pipelines and specify consultation distances around them.  The Council will then consult the HSE on any development proposals which fall within these consultation areas and take their advice into account in the determination of applications affected.

 

Objectives

3.232 In considering development in or near to an existing hazardous installation or proposals for a new such installation, the Council will seek to:

• minimise and reduce risk level from hazardous installations
• acknowledge what society currently considers to be an acceptable level of safety in relation to the potential accident effects on the areas surrounding major hazardous installations
• impose reasonable pressure on industry to further improve levels of safety whenever the opportunity arises
• impose a reasonable constraint on development close to the existing hazardous installations

3.233 In considering whether a risk will be acceptable, the Council will consult the HSE and take other appropriate expert advice. In the light of this advice, every reasonable step will be taken to reduce any land use impact of established hazardous installations imposing a significant development restriction.

 

Policies and Proposals

 

3.234 Policies ENV 60 and 61 relate to hazardous installations as defined in the Notification of Installations Handling Hazardous Substances Regulations 1982 or the Planning (Hazardous Substances) Regulations 1992 or the Control of Industrial Major Accident Hazard Regulations 1999 or any appropriate successive legislation.

 

New or Extended Hazardous Installations

Policy ENV 60

 

Reasons/Explanation

To control the development of hazardous installations to avoid increasing the number of people at risk and to prevent the creation of new risks which would preclude the development of land for other purposes.

 

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 hazardous installations even when no other development requiring planning permission is to take place.

 

Development in the Vicinity of Hazardous Installations

Policy ENV 61

Where an existing hazardous installation imposes a significant constraint on surrounding land, planning permission for other uses will only be granted where this would not result in an increased risk to the number of people living and/or working in the area nor conflict with the continuing operation of nearby existing industries.

Reason/Explanation

To prevent inappropriate development.

Section M: Mineral Extraction & Waste Disposal

3.235 Mineral extraction and waste disposal are matters for which the County Council is the local planning authority. Guidance on such matters is set out in policies contained in the Cheshire Minerals Local Plan and the Waste Local Plan and Waste Management Plan.

3.236 If planning applications are made for mineral extraction or waste disposal, then these will be determined by the County Council. In such cases the City Council will be consulted on these. The City Council considers that the County Council should only grant planning permission in respect of new minerals and waste proposals where such proposals are consistent with the overall aims of the Local Plan.

3.237 When consulted in respect of new mineral or waste disposal applications, the Council may ask the County Council to apply conditions to any consent. This may include restoration or reclamation of the sites to make it suitable for an appropriate after-use, which in most cases will be agricultural, forestry or amenity uses.

3.238 In the event of mineral workings and waste disposal sites ceasing to be used as such, then the City Council will be responsible for determining applications for permission to use the land for other purposes, including the erection of any ancillary buildings, other structures or other engineering works.

3.239 There are demands for a diverse range of activities which could be accommodated on the sites of former mineral working or waste disposal. The extent and nature of those demands may change, however, during the period between inception of extraction or tipping operations and the availability of the site in due course for after-uses. Discussions with owners and potential user groups when applications are first determined may help in the formulation of schemes and conditions for landscaping, restoration and aftercare which will prepare the site for after-use and be environmentally acceptable.

3.240 There will be some sites where certain after-uses will not be acceptable. These will include those where intensive or noisy uses will detract from, in particular, residential amenity or the tranquillity of existing recreational sites in the countryside. After-use of these sites will be determined having regard to the full range of policies included in the Local Plan.

 

Cheshire Minerals Local Plan

3.241 All proposals for mineral extraction relevant to Chester District will continue to be contained in the Cheshire Minerals Local Plan which includes policies covering the exploration and exploitation of mineral resources and the restoration of mineral working sites to agricultural, forestry or amenity use.

3.242 The purpose of the Cheshire Minerals Local Plan is to expand on the Structure Plan policies providing guidance to both the industry and the public as to the possible location of future mineral working.

 

Waste Local Plan

3.243 The collection of waste is a District Council function but the disposal of this is the responsibility of the County Council. The Waste Local Plan contains the County Council’s land use planning policies for waste management.

 

Mineral Resourses in the Plan Area

3.244Construction sand is not presently worked within the Chester District although the Minerals Local Plan does identify an "area of search" for construction sand within this area.

3.245 There has been increasing interest shown in the extraction of methane from underlying coal measures. Planning permission has been granted for the exploration for and production of coal bed methane within the Kemira factory complex at Ince just to the north of the District boundary. If initial tests are successful there could well be further planning applications which might be within Chester District.

 

Waste Disposal Facilities in the Plan Area

3.246 There were three active waste disposal facilities with planning permission within the plan area in 1999:

Site Name	Waste Type	Site Type
Gowy Wimbolds Trafford	Non hazardous landfill (Waste recycling group) inert and industrial wastes	Private
Ellesmere Sand and Gravel, Tattenhall	Waste Transfer Station	Private
Collinge Farm, Backford	Inert landfill (Mr Cheers)	Private

 

In addition, other facilities include:

 

Household Waste site       - Bumpers Lane, Chester Red Lane, Tattenhall

Material Recycling Facility (MRF) - Bumpers Lane

Waste Transfer Station - Littlers, Backford

Private in-house incinerator - BNFL

 

Policies and Proposals

 

After Uses

Policy ENV 62

Proposals for new uses on the sites of disused or completed minerals or waste disposal sites which safeguard, or where appropriate, enhance the quality of the environment will be permitted.

Reason/Explanation

It is the responsibility of the District Council to determine the appropriate after-use for minerals and waste disposal sites.

 

In considering proposals for after-uses the Council will encourage the restoration of mineral extraction and waste disposal sites for agriculture, nature conservation or recreational uses, subject to safety considerations and provided that the proposed development conforms with other policies within the plan.

Section N: Green Belt

3.247 The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open. Indeed, the most important attribute of Green Belts is their openness and there is a general presumption against inappropriate development within them.

3.248 The essential characteristic of Green Belts is their permanence and once the general extent of a Green Belt has been approved it should be altered only in exceptional circumstances.

3.249 There are five purposes for including land in Green Belts:

• 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 land

3.250 The first Cheshire Structure Plan established a Green Belt across the north of the County in 1979, the broad extent of which is set out in the Structure Plan Alteration, "Cheshire 2016". The northern part of the Local Plan area lies within this North Cheshire Green Belt. It is the function of the Local Plan to set out the policies and proposals which will apply within the Green Belt, having regard to the advice set out in Planning Policy Guidance Note 2: Green Belts.

3.251 Chester is virtually surrounded by Green Belt. One of the main aims of the Green Belt is to safeguard openness and to prevent the coalescence of settlements. With this in mind the Council considers it is vitally important not to release land for development on the northern side of the city since this would lead to an erosion of the open area between Chester and Ellesmere Port. Furthermore, the Council does not want to see any more development on the east and southeast sides because this would absorb the adjoining villages of Guilden Sutton, Littleton and Christleton into the city. In addition to the Green Belt aspect, the Council considers that the land to the northeast, east and south of Chester is attractive countryside which needs to be protected from development on environmental grounds and to safeguard its ecological interest.

 

Polices and Proposals

 

3.252 The policies and proposals for the Green Belt are set out below in a number of different sections. Each section begins with a reference to the policy background and this is then followed by one or more policies or proposals.

 

Overall Policy

3.253 The construction of new buildings in the Green Belt is generally inappropriate.

3.254 With suitable safeguards, the re-use of existing buildings for alternative purposes should not prejudice the openness of the Green Belt since the buildings are already there.

3.255 Employment uses such as craft industries, light industry, offices and tourism-related activities are more likely to stimulate the local economy than would conversion to residential use.

3.256 Policies EC 11 and HO 10 in the Economy and Housing chapters set out the Council's stance on the re-use of rural buildings.  This policy also explains how the Council will deal with cases where a proliferation of farm buildings constructed under permitted development rights could have a seriously detrimental effect on the openness of the Green Belt.

Policy ENV 63

The boundaries of the Green Belt are shown on the Proposals Maps. Within the Green Belt in the absence of very special circumstances planning permission will not be given for the construction of new buildings and changes of use of land unless it is for one of the purposes set out in the policies below and satisfies any requirements specified in those policies and the relevant criteria in Planning Policy Guidance Note 2: Green Belts.

Reason/Explanation

To protect the open character and permanence of the Green Belt.

 

Agriculture and Forestry

3.257 Certain agricultural buildings may not be inappropriate in the Green Belt, subject to appropriate safeguards, as set out below.

Policy ENV 64

The erection of new buildings for agricultural and forestry purposes in the Green Belt will be permitted, subject to the criteria set out in policies EC 22 and EC 23.

Reason/Explanation

To provide for the essential needs of agriculture and forestry.

 

Such development is not inappropriate in the Green Belt, but consideration will be given to whether proliferation of buildings constructed under Permitted Development rights could have serious detrimental effect on openness of the Green Belt, as set out in Annex D2, Planning Policy Guidance Note 2: Green Belt.

 

Recreation and Other Open Land Uses

3.258 Recreation and other open land uses may not be inappropriate in the Green Belt, subject to certain safeguards.

Policy ENV 65

Essential facilities for outdoor sport and outdoor recreation, and for other uses of land which preserve the openness of the Green Belt and do not conflict with the purposes of including land within it will be permitted.

Reason/Explanation

The Council will need to be satisfied that any facilities are genuinely required for uses of land which preserve the openness of the Green Belt. Possible examples of such facilities include small changing rooms or unobtrusive accommodation for outdoor sport, or small stables for outdoor sport and outdoor recreation.

 

Limited Extensions, Alterations or Replacement of Existing Dwellings

3.259 Limited extensions, alterations or replacement of existing dwellings within the Green Belt may not be inappropriate, subject to the criteria set out below.

Policy ENV 66

Reason/Explanation

To protect the open character of the Green Belt.

 

As a general guide the size of extensions or replacement dwellings should not exceed 30% of the original dwelling as existing on 1 July 1948 or in relation to a dwelling built after that date, as so built, unless the dwelling has subsequently been replaced.

 

Further advice is provided in the Supplementary Planning Document: House Extensions.

 

"Low Cost" Housing in Settlements in the Green Belt

3.260 "Low cost" housing may be allowed on an exceptional basis immediately on the edge of a settlement in the Green Belt, subject to the criteria set out in Policy ENV 67 below and Policy HO 12 in the Housing chapter.

Policy ENV 67

Planning permission may exceptionally be granted for a group of low cost dwellings immediately on the edge of or within a settlement in the Green Belt, provided this is not inconsistent with the purposes of including land within the Green Belt and subject to the requirements set out in Policy HO 12 in the Housing chapter.

Reason/Explanation

To make provision for essential local housing needs.

 

(See also Policy HO 12 in the Housing chapter)

 

Major Developed Sites in the Green Belt

3.261 Having regard to Annex C of Planning Policy Guidance Note 2: Green Belts, the Council considers that the following are "Major Developed Sites in the Green Belt":

i) The Countess of Chester Health Park

ii) Chester Zoo

iii) The Dale Camp

iv) BNFL/URENCO, Capenhurst

v) Huntington Water Treatment Works

vi) Ellesmere Port Waste Water Treatment Works

 

i) The Countess of Chester Health Park

3.262 Various Health Trusts provide services at this hospital which serves the plan area and surrounding Districts. The Council considers it is important for the Health Park to continue to provide the quality and range of medical facilities expected by the local community.

Policy ENV 68

Reasons/Explanation

The Council will continue to support the quality and range of medical facilities at the Health Park, subject to the impact which such extensions could have on the open character and permanence of the Green Belt.

 

In the case of proposals for redevelopment, the "footprint" of the developed part of the site will be calculated as set out in Paragraph C5 of Annex C of Planning Policy Guidance Note 2: Green Belts.

Policy ENV 69

Reason/Explanation

To protect the open character and permanence of the Green Belt.

 

Any further development on the Countess of Chester Health Park must conform to the Council’s document: Development Brief for the Surplus Land on the Countess of Chester Health Park.

 

ii) Chester Zoo

3.263 Chester Zoo opened in 1931 and has remained open to visitors ever since. The Zoo is a charitable trust which provides a modern, well established, contemporary and forward thinking environment for the display and enjoyment of wild animals. The North of England Zoological Society, which operates the Zoo, exists to promote and support animal conservation by breeding rare and endangered animals and by educational, recreational and scientific activities. The Zoo is the Region's, and one of the UK's, top visitor attractions.

3.264 Although the Zoo is a popular attraction, pressure for market share will continue in future from enterprises such as Blue Planet Aquarium in Ellesmere Port and other attractions. The Society wishes to see the Zoo improve and possibly expand its facilities and has acknowledged that proposals of this nature are best progressed with the knowledge and support of the Council.

3.265 The Council wishes to support the Society's plan for its long-term future at its present site and will work with the Zoo to agree a long-term development and property strategy.

POLICY ENV 70

Reason/Explanation

The Council will continue to support the quality and range of facilities offered by the Zoo, subject to the impact which such extensions could have on the open character and permanence of the Green Belt.

 

In the case of proposals for redevelopment, the "footprint" of the developed part of the site will be calculated as set out in Paragraph C5 of Annex C of Planning Policy Guidance Note 2: Green Belts.

 

The Zoo and the Council are working together to produce an agreed long term development strategy for this important visitor attraction. The development strategy and the above policy will provide the framework against which the development proposals within the "defined" area will be considered. The strategy will be a non-statutory plan which will also inform residents and local groups of the Zoo's long term aspirations.

 

iii) The Dale Camp

3.266 The Dale Camp is an operational military base and the Council considers it is important to make provision for this use to continue.

Policy ENV 71

Reason/Explanation

To maintain the Dale Camp as an operational military base.

 

In the case of proposals for redevelopment, the "footprint" of the developed part of the site will be calculated as set out in Paragraph C5 of Annex C of Planning Policy Guidance Note 2: Green Belts.

 

iv) BNFL/URENCO, Capenhurst

3.267 The plan allows for the continuation of existing activities at Capenhurst and makes provision for the re-use of this land for other purposes, particularly having regard to its proximity to the Chester/Liverpool railway line.

Policy ENV 72

Reason/Explanation

To make provision for these companies to continue their existing activities, subject to the impact which these could have on the open character and permanence of the Green Belt.

 

In the case of proposals for redevelopment, the "footprint" of the developed part of the site will be calculated as set out in Paragraph C5 of Annex C of Planning Policy Guidance Note 2: Green Belts.

Policy ENV 73

Reason/Explanation

To provide for the re-use of the land for the specified employment purposes; to safeguard the amenities of people living within the vicinity; to encourage appropriate means of access, particularly by rail; whilst at the same time protecting the open character and permanence of the Green Belt.

 

v) Huntington Water Treatment Works and Ellesmere Port Waste Water Treatment Works

Policy ENV 74

 

Other Employment Sites in the Green Belt

3.268 The Chester Business Park is being developed within the Green Belt. However, for the purposes of this Local Plan this is covered in Policy EC 4 in the section on Employment Land and Buildings in the chapter on Economy.

3.269 Planning consent has already been given for Class B1 (Business) and B8 (Storage & Distribution) employment development at Chester Gates, Dunkirk and the site is partly developed. This land was previously an employment "inset" within the Green Belt, as defined in the Adopted Chester Rural Area Local Plan and remains so in this Local Plan.

3.270 Other “insets” within the Green Belt which have been retained in this Local Plan are Mouldsworth Station Goods Yard and Barrowmore Hospital. The Council will continue to support the aims of the Barrowmore Village Settlement through granting consent, subject to a development brief, for the appropriate conversion of the existing buildings and for limited new buildings, subject to environmental safeguards to protect local amenities and the surrounding open countryside and Green Belt.

Section O: Telecommunications

3.271 Telecommunications developments can by their nature potentially have considerable impact upon the visual amenity of the surrounding area and in particular upon high quality landscapes and the built environment. The Council is committed to ensuring that such developments are appropriately designed and sited in accordance with the principle of minimising such impacts.

3.272 The Council will accordingly encourage all telecommunications operators to enter into early discussions regarding the development of their networks in order to identify possible conflicts of interest at an early stage and to guide telecommunications developments to appropriate locations.

 

Polices and Proposals

 

The Siting of Telecommunications Developments

3.273 The following policy outlines the general criteria applicable to the siting of telecommunications developments within the plan area.

Policy ENV 75

Reason/Explanation

To prevent inappropriate development and to ensure that applications for telecommunications development are accompanied by evidence regarding the choice of site and the constraints the operator faces.

 

Where a mast is proposed on a new site either on the ground or on a building, the Council will require evidence that there is no possibility of sharing an existing mast. In such cases the Council may require the mast to be designed so as to facilitate future sharing. Where a site is within the Green Belt, the Council will also have regard to the potential impact on the openness of the Green Belt.

 

In large new developments telecommunications equipment should be provided underground through the laying of adequate ducting to meet reasonably foreseeable demands.

 

Wherever possible, the location of telecommunications apparatus on sensitive buildings such as schools, residential buildings, hospitals, community centres, and landmark buildings and structures should be avoided.

 

Where equipment is to be sited on existing buildings then the impact on the appearance of the building should be minimised through the sensitive use of materials, colouring and additional screening where necessary.

 

All new equipment should conform to the International Commission on Non-Ionising Radiological Protection (ICNIRP) guidelines for public exposure to electromagnetic fields, as expressed in the EU Council Recommendations of 12 July 1999. Exclusion zones around base station antennas should reflect those recommended in the Stewart Report.

 

More detailed advice relating to the location and design of telecommunications equipment is set out in the Council’s Supplementary Planning Document: Telecommunications Development.

 

The term ‘proposal’ in the policy means those proposals that are the subject of a planning application and those seeking a determination relating to the prior approval of the siting and appearance of permitted development. The latter will be required where the Council is justified having regard to the potential serious harm to the matters listed.

 

Satellite Dishes/Antennas

3.274 The installation of satellite dishes/antennas can be permitted development. Where planning permission is required, the Council will have regard to the following policy. This also outlines the circumstances where the Council will seek the relocation of satellite dishes/antennas installed under permitted development rights.

Policy ENV 76

Reason/Explanation

In order to avoid the installation of visually obtrusive satellite dishes/antennas in the interests of visual amenity.

 

Where a dish/antenna has been installed under permitted development rights and the Council considers that the impact of the dish/antenna upon the external appearance of the building or structure is unacceptable, the Council will intervene to seek the relocation of the dish/antenna.

Policy ENV 77

Reason/Explanation

In order to avoid the installation of visually obtrusive satellite dishes/antennas in the interests of visual and residential amenity.

 

Where a dish/antenna has been installed under permitted development rights and the Council considers that the impact of the dish/antenna upon the external appearance of the building is unacceptable, the Council will intervene to seek the relocation of the dish/antenna.

 

Monitoring

3.275 The following issues arising from this chapter will be monitored during the Plan period. This information will help in the application of policies and will be used to assess their effectiveness:

• review of Urban and Rural Greenspace Surveys
• review of Nature Conservation Audit
• number and extent of conservation areas
• number of listed buildings by grade
• planning permissions involving the development of renewable sources of energy
• advertised departures from Local Plan policy involving the development of Green Belt land
• number and location of new telecommunications masts and equipment

 

Environmental Appraisal of Policies and Proposals

 

Global Sustainability

3.276 The aim of the policies in this chapter is to ensure that environmental considerations are at the forefront of the Local Plan process.

3.277 Therefore, it is not surprising that the appraisal shows these policies, on the whole, make a positive contribution towards enhancing global sustainability. Various sections of the chapter safeguard tree cover and many policies will maintain or improve transport efficiency in the District.

3.278 The appraisal also shows that several of the policies relating to specific topics have a positive impact in their relevant field, e.g. policies on energy efficiency, hazardous installations and pollution have a positive impact towards reducing emissions which may affect the global atmosphere.

3.279 On the other hand, many of the policies contained in the chapter do allow development in order to accommodate future growth and the needs of the District. Policies which permit development in the rural area and more specifically in the Green Belt have a negative impact on global sustainability, in particular transport efficiency, and result in the loss of finite resources, e.g. land.

3.280 Many of the other policies in the chapter relate to possible future developments which at the present time do not have detailed design criteria. Therefore, it is difficult to establish the impact of these policies on the environment and this is reflected in the appraisal.

 

Natural Resources

3.281 The appraisal has shown that these policies have the greatest impact on natural resources in the rural area of the District.

3.282 As is the aim, the nature conservation policies make a strong positive contribution towards protecting natural resources, maintaining water and soil quality and reducing land take. However, they are likely to restrict agriculture and forestry activities. The archaeological policies and those allowing development in the Green Belt also restrict these activities, particularly agriculture. But it should be pointed out that many of the Green Belt policies are restrictive and protect the environment and several promote the recycling of existing sites andbuildings which makes a positive impact on the environment.

3.283 Many of the environmental policies achieve a neutral affect, neither detracting from nor improving the environment and in the detailed design policies many of the appraisal criteria for natural resources are not applicable.

 

Local Environment

3.284 Although the appraisal indicates that the policies contained in this chapter are, on balance, making a positive contribution towards achieving global sustainability and protecting natural resources, it is when applied to the local environment that the greatest impact is made.

3.285 More than half the policies enhance the landscape or preserve the character of the open countryside and two thirds of the policies make a positive contribution towards improving the environmental quality of life in Chester and the villages. The cultural heritage is also well protected by the policies and a high quality of building design should be ensured in the future through the implementation of these policies.

3.286 The appraisal also indicates that public access to open spaces and countryside should be protected wherever possible. It is only the policies which allow for limited development in the Green Belt where there is a negative impact on the environment.

 

Environmental Impact Significance

3.287 Central Government advice stresses the need for an Environmental Appraisal of Local Plan policies in order to ensure that environmental considerations are at the forefront of the Local Plan process.

3.288 The appraisal carried out on the policies contained in this chapter show that this has been achieved. The implementation of these policies will make a positive contribution towards achieving both global sustainability and preserving natural resources and a highly favourable impact upon the future of the local environment.

3.289 The negative aspects of the chapter relate to those policies which allow limited development in the Green Belt which affect the openness of the countryside, result in landtake, and reduce public access to open space. These policies are also likely to stimulate increased private vehicle movement which creates poor air quality and the nature of the proposals may result in increased waste generation and fuel consumption.