COMMENT

Generally support the Objectives presented in the Local Plan, and in particular Objectives 2 and 4. Objective 2 seeks to provide for a sustainable level of housing growth within the District by, amongst other things, identifying and maintaining a flexible supply of land for housing. With regard to Objective 4, recognition is given to the importance of making sure that new developments are in places that will reduce the need for people to use their cars.

The Europa Way Consortium and Warwickshire County Council (Physical Assets-Resources) are jointly promoting the development of land west of Europa Way and north of Gallows Hill as one of the strategic site allocations in the new Local Plan, and consider that development at this location will contribute significantly to achieving both Objective 2 and 4. Our clients' site i.e. the proposed 'Myton Garden Suburb', is uniquely placed to offer the most sustainable location for accommodating a significant share of the District's development needs up to 2029. Not only is land at this location within easy walking distance of existing schools, shops, and employment opportunities but also lies adjacent cycle paths, bus-based public transport corridors and is within easy access of both Leamington and Warwick railway stations, and town centres. In the Council's own Initial Sustainability Appraisal of the Local Plan Preferred Options (May 2012), the site obtained the highest sustainability ranking of all potential greenfield development sites.

We specifically support the Objective 11 which seeks to enable organisations that provide community infrastructure, such as schools, to provide and maintain improved facilities and services in locations where people can get to and they meet people's current and future needs. For example, we have been investigating opportunities to help deliver improvements to Myton School, which is located adjacent to our clients' site; improvements which would be of benefit to existing and future students of the school, as well as to the wider community of Myton /Myton Garden Suburb development.

Thank you for providing English Heritage with the opportunity to further comment on this evolving strategic plan for the District. This correspondence will regrettably reiterate certain points made in previous letters dated 9 April 2010 and 5 July 2011; both are therefore attached for your information.
As the government's adviser for the historic environment, English Heritage broadly welcomes the positive strategy set out in section 11, and in particular Objectives 7 and 14 of the Plan.
I note a recognition in the Plan of the pressure for new development threatens the "highquality
built and natural environments in the district, particularly historic areas"1 but however goes on to reassure that 10,800 new homes (to 2029) will be founded on "best evidence"2 and located in the most suitable locations3 to help ensure the historic environment is then protected and enhanced4.
The National Planning Policy Framework (NPPF) provides the context and justification for doing so, requiring Local Plans to be prepared with the objective of contributing to the achievement of sustainable development in accordance with the principles and policies for the historic environment.5
The following comments on a number of the proposed allocations unfortunately highlight an inconsistency with the above:
1 WLP PO Paragraph 4.8 point 6
2 WLP PO Paragraph 5.1
3 WLP PO Paragraph 7.6 "In addressing the important housing issues, the Local Plan will aim to...provide well-designed new developments in the most suitable location".
4 WLP PO Paragraph 4.6
"To protect and maintain the character of the District, the Local Plan will have to balance the growth of the District with the protection and enhancement of these assets".
5 NPPF Paragraph 151
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Site D Land south of Gallows Hill, Warwick
Key assets affected - Warwick Castle Park Grade I Registered Park and Garden; Warwick
Castle Grade I Listed Building; Warwick Conservation Area
In comparison to all the nine sites assessed in the Landscape Character Assessment for
Land South of Warwick (Richard Morrish Associates, 2009 - Referred to herein as the LCA Report), the site to the south of Gallows Hill is described as being the area of highest relative value to the setting of Warwick. It is the only site that is considered to be unacceptable in principle.
"This is generally an area of well maintained agricultural land that is important to the setting of Castle Park and prominent in approaches to Warwick. We feel it should be safeguarded from development". Paragraph 5.4 LCA Report
"Warwick and Leamington Spa have highly-valued historic cores and Warwick Castle and the associated Castle Park have national heritage significance. Protecting the setting of these features must be considered a principal goal of future development planning in the locality".
Paragraph 5.1 LCA Report
It is needless to say any proposal which harms heritage assets of such national significance to such a degree is contrary to the NPPF6 and the principles of sustainable development.
The harm is not outweighed by the public benefit associated with this housing development.
It should be noted that the LCA Report does not refer to either the Historic Environment Record or the Warwick CA Appraisal; and it preceded the publication of the NPPF (March 2012);The Setting of Heritage Assets - English Heritage Guidance (October 2010); The Warwickshire Historic Landscape Characterisation (HLC) Report (WCC 2011)7; and the Conservation Plan for the park. If applied these are likely to reaffirm the sensitivity of the site and the unsuitability of the allocation.
Site WL5a Loes Farm, Warwick (Guy's Cliffe)
The draft local plan fails to have adequately considered the impact on designated and undesignated heritage assets to determine the suitability of the allocation. The proposal would appear likely to cause substantial harm to undesignated heritage assets of significant value, and harm to the setting of designated assets that contribute to that assets significance. This would be contrary to the NPPF and the great weight that should be afforded the conservation of heritage assets.
I refer to my letter dated 10 April 2010.
"You should ensure that thorough evidence is applied to determine whether the proposal would adversely affect the significance of the designated historic landscape and its setting including key views in and out. The direct and indirect impacts of major new development on the individual components that determine the relative value of Guy's Cliffe in total should be understood.
English Heritage considers that the well preserved areas of ridge and furrow should certainly be regarded as of national importance and preserved as a consequence, see:-
http://www.english-heritage.org.uk/upload/pdf/turning_plough.pdf?1267377944 "
The NPPF is clear that a draft local plan may be considered unsound if there has been no proper assessment of the significance of heritage assets in the area, including their settings,
6 NPPF paragraph 132
7 NPPF paragraph 170
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and of the potential for finding new sites of archaeological or historic interest8, or, there has been no proper assessment to identify land where development would be inappropriate because of its historic significance.9
The Joint Green Belt Review recommends that to determine site suitability "finer grained, more detailed analysis" should be undertaken including the consideration of "Archaeological Constraints; Character, Setting; and Historic Landscape Character Analysis"10. This appears not to have been undertaken.
Site K5 south east Kenilworth
Previous correspondence highlighted the need to consider the evident significance of the adjacent Stoneleigh Abbey and designated Glasshouse Roman settlement, and the potential for further archaeology. Has this evidence been addressed?
Any future development would certainly need to protect the scheduled archaeology and its setting and that of the Grade II* registered Stoneleigh Abbey Park.
Coventry and Warwickshire Gateway - Baginton
The scale and form of any future development here is currently unclear. However it should be noted that the area includes designated and undesignated heritage assets of great importance. In accordance with the national policy expectations referred to above, a specific historic environment assessment must be undertaken to fully understand the landscape's special historic interest, the locations of particular historic significance and sensitivity. This can in turn inform the areas capacity, where development may best take place and what form
it might take.
Section 11. The Historic Environment
One of the twelve principal objectives for planning in the NPPF is the conservation of heritage assets for the quality of life they bring to this and future generations11.
Conservation means maintaining what is important about a place and improving it where this is desirable. This is not a passive exercise. Consequently we welcome the proactive approach you intend to take.
To compliment these measures might I suggest the Plan also address and target specific environmental improvements; the assets within the area on the heritage at risk register and the opportunity afforded by CIL/S106 agreements.
I note paragraph 5.1 of the LCR Report. "In addition and particularly as the towns are important tourist destinations, the quality of approaches to the town should be considered in all development planning. A combination of protection of landscape assets and enhancement or removal of landscape detractors should be considered in strategic planning".
Might the enhancement of the public realm be linked to creating an attractive environment for businesses and visitors? I refer to paragraph 14.18. How will the Local Plan compliment and help deliver the Warwickshire LTPs intention to "improve the quality of transport integration into streetscapes and the urban environment"?
Are there specific opportunities to demonstrate how CIL/S106 agreements could contribute towards the enhancement of individual assets or specific historic places, particular streets, spaces and the public realm?
8 NPPF paragraph 169
9 NPPF paragraph 157, seventh bullet-point.
10 Joint Green Belt Review paragraph 5.4.2/3
11 NPPF paragraph 17
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Might the Plan address the particular issues identified during the development of the evidence base, including the ten monuments, four buildings and two parks on the national heritage at risk register?
Section 15 -Green Infrastructure appears to provide the 'bench mark' for a thorough and proactive strategy. I would be welcome the opportunity to help support a further refinement of Section 11 to achieve a similar comprehensive iteration.

2:2 - Why is the environment not listed as a key priority: without it, all manner of planning applications can be granted which are anti-environmental

Is leisure included in "Health and Wellbeing". If so, this should be made clear.

2:5 - As there is no way the economy can be predicted, there should be a commitment to responding to new opportunities and needs which arise

Can the areas mentioned as requiring regeneration be identified?

I am concerned about the second bullet point under Emphasis on infrastructure, as most areas of the countryside and of importance for wildlife need only a very light touch, if a touch at all. There should be a clear distinction between the approach to parks and managed open spaces, and to wilder areas (e.g. Welch's Meadow would be ruined by heavy handed management).

3:7 - there are elements referred to in this draft plan which need to be prioritised and policy made before March/April 2012; in particular a policy on the concentration of HMOs.

4:6 - the protection afforded to conservation areas should be strengthened, particularly as these cover apparently only 4% of the district

4:8, point 2 - It should be noted that one major contributory factor to the current lack of affordable properties relates to HMOs. The house next door to mine is an example of this. It was owned by an elderly lady who went into residential care. There was a large amount of interest in the property from people who wanted it as a family home, indeed so much interest that it was decided on sealed bids. Because the property needed some updating, and I met several potential purchasers who wanted to restore it to its former self, the highest bidder was, almost inevitably, a landlord who could easily find the finance and would easily recoup the investment by turning it into an HMO. I have seen this repeated time and again in my area of south Leamington where the gains from HMOs has pushed up prices beyond affordable for an individual or family: indeed a local couple I know has not been able to find an affordable small period house and, despite wanting to stay in Leamington, is having to move to Cheltenham to find such a property. In addition to the price problem, most often the conversion to HMO is the cheapest possible and degrades the period property.

4:10.2 - It is right to accommodate university students, but not at the expense of other "settled" residents. South Leamington is at a tipping point where the area could be completely dominated by students The advantages of a large student population tend to benefit the few - landlords and places selling cheap food and drink, whilst the cost and disadvantages are picked up by Council tax payers and local neighbours. It also means that businesses not directed at students tend to stay away. One south town resident recently pointed out that because Leamington is only a student dormitory town rather than a university town, we have generally ended up with all of the problems of a large student population and none of the advantages of the university culture which takes place on campus. I can see no reason why special consideration should be afforded to the University of Warwick in providing accommodation for its students.

4:11 - I agree with all these points, particularly endorsing numbers 7, 9 and 10. It is particularly important in any development not to let the developer be the tail which wags the dog, as the developer will inevitably want to take the easiest and cheapest route in contradiction to the area's best interests.

5-7 - Level of growth:
As forecasting population growth is a very inexact science, the Council should constantly monitor what is actually happening. If the expected population growth is not materialising, planned development should be scaled back accordingly. It makes sense therefore to insist on development of the brownfield sites before eating into Green Belt.

P04:D - Loss of green space should also be taken into account when assessing development of garden land. This space may not be directly accessible to the general public, but if it contributes to the overall feeling of green space which is enjoyed by the general public (e.g. with trees that can be seen from neighbouring streets), it is very important that it is maintained. It is also important for biodiversity and the environment, as gardens are now understood to be extremely important habitats for wildlife.

P06.D - It is most important to identify the locational criteria and to carry out a thorough survey of all HMOs and their residents, not just those which have previously had to get Council approval.

7.59 - We need this policy now!

P08 - We also need a firm policy now regarding the protection of existing employment buildings from change of use, as in my area I can think of several schemes either applyng for or already granted planning permission to change from commercial to residential use. The Plan already points out that f the area population is going to increase, then employment will need to increase as well and it is short-sighted to be allowing commercial property to disappear.

8:21 - Does the projection of additional job requirement take into account that the growth in the older population will automatically mean the release of the jobs these people were doing?

9: Retailing

It is a mistake to be led by the retail "experts" who push for constant retail development schemes in order to compete with neighbouring towns. There is a fine balance between having enough "High Street names" to serve shoppers and having so many that Leamington becomes indistinguishable from any other shopping centre - in which case, why would any non-residents want to come here? The success of the last major retail development - which seems dubious to me - (Parade to Regent Street) should be assessed before rushing into another similar development. Outside shoppers will travel to a shopping centre to find something different and it is this difference which needs to be identified and promoted. These major developments also seem to push up rents for retailers.

13: Inclusive, Safe and Healthy Communities

Developments should not be permitted which will downgrade and produce associated problems to an area, e.g. SEVs.

14: Transport

I suggest WDC promote a car sharing scheme.

P014: How can you plan a retail development in Chandos Street whilst aiming to maintain sufficient parking in town centres. Chandos Street is a much more popular car park than the multi-storeys.

15: Green Infrastructure

A relevant issue is that Network Rail is destroying, and has been for a long time, the natural environment and wildlife habitat along railway lines by felling all the trees and killing undergrowth every year with weed killer.

15:14 - Yes to urban tree planting; concern about messing with the River Leam borders unless already in a well-used managed area.

P017 - I agree with the continued support for the development of a cultural quarter

I believe that existing visitor accommodation should be protected from change of use.

18: Flooding

Planning permission should be sought by someone wanting to pave/concrete over a front garden, as I believe this trend has contributed to flooding problems.

Summary of major concerns

* Restrictions needed on HMOs
* Light-handed touch needed on non-parkland open spaces and riverside
* More creative study of retail demands and opportunities needed
* Although the Plan does seem to recognise this, the expansion of the district must avoid segregating areas into a single use, e.g. residential, employment, etc. Areas are much more interesting and attractive if they include a mix of residential, employment, cultural/leisure, etc. properties.

On behalf of the Federation of Small Businesses in Coventry, Warwickshire and Solihull this paper responds to the consultation on Warwick District Councils Local Plan.

The FSB is the UK's largest business support organisation with 200,000 members nationally and 3,000 of those members in Coventry & Warwickshire.

FSB Warwickshire & Coventry response:
Despite the economy falling back into recession small business confidence levels remain positive, but we aren't out of the woods yet. Small firms still face challenges from weak demand and rising costs. In spite of these challenges, many small firms want to grow. Warwick District Council must put long-term measures in place to instil this optimism - in turn the economy can grow.

Planning:
The planning system is a constraint on small businesses. Unlike major infrastructure providers or large businesses, they often need only minor changes to their premises in order to diversify and grow. Almost half of our members have found the planning system complex and difficult to understand, while nearly 40 per cent said that it was a costly process. So, the planning process must be made much simpler, quicker and cheaper for small firms. This must be complemented by robust protections for businesses in existing town and commercial centres. We welcome Warwick District Council's commitment to a strong expression of 'Town Centre First' policy and recommend that;

* Planning policy must take into account the needs of small businesses.
* There should be a range of affordable local business premises available, both to encourage new enterprises and allow existing businesses to grow.
* Measures are needed that would allow planners to refuse any out of town application that would draw business activity away from the town centre.
* Planning permission should be designed to positively encourage development of appropriate business premises in town centres.
* Provide timely advice for businesses wanting to build or expand their premises. Obtaining planning permission is often a minefield.

Housing
The provision of affordable housing in order to help address skilled labour market concerns should be central to the council's local plan.

The costs of housing, transport and daily life are often higher in rural areas, and in some places the presence of a disproportionate number of retirees and properties used as second homes have exacerbated this situation, causing house prices in rural areas to rise. Yet this has not been met by corresponding rises in rural wages, which are often lower than in urban areas. This has led to a serious labour market imbalance in some areas, which needs to be addressed. Your housing policy must redress the balance and secure a bigger supply of affordable properties as a priority.

Broadband:
It shouldn't matter where a business is located. With the technology we have today all firms should be able to trade overseas, throughout the UK, and from town to village. However, our research shows that six in 10 (63%) of small firms are suffering with the speed of their broadband. Another 34 per cent are unhappy with the reliability of their connection and a quarter (24%) with the value for money. This blocks the growth of businesses. Rural firms and households have had even longer problems with accessing broadband and slow speeds. To close the digital gap between rural and urban firms, we feel 20Mbps superfast broadband should be available across the countryside. Warwick District Council must consider fast and reliable broadband within their development and growth plans for the District.

Rural Economies:
Our rural economies have the potential to make a huge contribution to economic growth, but only given the right conditions. The rural economy is dominated by small businesses but they struggle against the odds of poor communication, unreliable broadband services and patchy transport services. These exacerbate the distance they are from their markets. Rolling out broadband in all rural areas and looking strategically at transport will ensure that these businesses can grow and prosper home and abroad.

Market towns and village centres have also declined with the closure of anchor businesses such as the village pub and post office. Warwick District Council must consider the community infrastructure when developing new housing sites and how they will be integrated with the business community.

Transport & Parking:
The provision of suitable public transport links is crucial to helping small businesses access markets. Reliable and frequent public transport makes it practical for employees to seek work in the local community without having use of a car. Likewise, frequent rail and bus services bring customers and tourists to local businesses such as shops, hotels and B&Bs.

Those living and working in rural areas face a far greater challenge getting from A to B than their urban counterparts. Indeed, on average, people living in the most rural areas travelled 45 per cent further per year than those in England as a whole and 53 per cent further than those who are based in urban areas.

The need to travel greater distances means efficient transport links and infrastructure is essential to realising the potential of business economies. It is crucial that firms are served by a transport network that allows both individuals and small businesses too effectively and efficiently move goods and people, both within rural areas and, importantly, urban areas where larger, more diverse markets often lie. The added benefit of good transport services is that it will attract additional visitors and their spending power to local economies. Warwick District Council must consider suitable public transport links when developing new housing & business sites.

There is a clear correlation between short term revenue driven parking policies and the closure of businesses on the high street. Therefore parking should be seen as a vital service which is an integral part of transport policy not as a quick means of raising revenue. Parking policies are all too often a short-term revenue grab, to the detriment of business and the wider community, and ultimately lead to longer term decline in revenue generation for local authorities.

On behalf of the Federation of Small Businesses in Coventry, Warwickshire and Solihull this paper responds to the consultation on Warwick District Councils Local Plan.

The FSB is the UK's largest business support organisation with 200,000 members nationally and 3,000 of those members in Coventry & Warwickshire.

FSB Warwickshire & Coventry response:
Despite the economy falling back into recession small business confidence levels remain positive, but we aren't out of the woods yet. Small firms still face challenges from weak demand and rising costs. In spite of these challenges, many small firms want to grow. Warwick District Council must put long-term measures in place to instil this optimism - in turn the economy can grow.

Planning:
The planning system is a constraint on small businesses. Unlike major infrastructure providers or large businesses, they often need only minor changes to their premises in order to diversify and grow. Almost half of our members have found the planning system complex and difficult to understand, while nearly 40 per cent said that it was a costly process. So, the planning process must be made much simpler, quicker and cheaper for small firms. This must be complemented by robust protections for businesses in existing town and commercial centres. We welcome Warwick District Council's commitment to a strong expression of 'Town Centre First' policy and recommend that;

* Planning policy must take into account the needs of small businesses.
* There should be a range of affordable local business premises available, both to encourage new enterprises and allow existing businesses to grow.
* Measures are needed that would allow planners to refuse any out of town application that would draw business activity away from the town centre.
* Planning permission should be designed to positively encourage development of appropriate business premises in town centres.
* Provide timely advice for businesses wanting to build or expand their premises. Obtaining planning permission is often a minefield.

Housing
The provision of affordable housing in order to help address skilled labour market concerns should be central to the council's local plan.

The costs of housing, transport and daily life are often higher in rural areas, and in some places the presence of a disproportionate number of retirees and properties used as second homes have exacerbated this situation, causing house prices in rural areas to rise. Yet this has not been met by corresponding rises in rural wages, which are often lower than in urban areas. This has led to a serious labour market imbalance in some areas, which needs to be addressed. Your housing policy must redress the balance and secure a bigger supply of affordable properties as a priority.

Broadband:
It shouldn't matter where a business is located. With the technology we have today all firms should be able to trade overseas, throughout the UK, and from town to village. However, our research shows that six in 10 (63%) of small firms are suffering with the speed of their broadband. Another 34 per cent are unhappy with the reliability of their connection and a quarter (24%) with the value for money. This blocks the growth of businesses. Rural firms and households have had even longer problems with accessing broadband and slow speeds. To close the digital gap between rural and urban firms, we feel 20Mbps superfast broadband should be available across the countryside. Warwick District Council must consider fast and reliable broadband within their development and growth plans for the District.

Rural Economies:
Our rural economies have the potential to make a huge contribution to economic growth, but only given the right conditions. The rural economy is dominated by small businesses but they struggle against the odds of poor communication, unreliable broadband services and patchy transport services. These exacerbate the distance they are from their markets. Rolling out broadband in all rural areas and looking strategically at transport will ensure that these businesses can grow and prosper home and abroad.

Market towns and village centres have also declined with the closure of anchor businesses such as the village pub and post office. Warwick District Council must consider the community infrastructure when developing new housing sites and how they will be integrated with the business community.

Transport & Parking:
The provision of suitable public transport links is crucial to helping small businesses access markets. Reliable and frequent public transport makes it practical for employees to seek work in the local community without having use of a car. Likewise, frequent rail and bus services bring customers and tourists to local businesses such as shops, hotels and B&Bs.

Those living and working in rural areas face a far greater challenge getting from A to B than their urban counterparts. Indeed, on average, people living in the most rural areas travelled 45 per cent further per year than those in England as a whole and 53 per cent further than those who are based in urban areas.

The need to travel greater distances means efficient transport links and infrastructure is essential to realising the potential of business economies. It is crucial that firms are served by a transport network that allows both individuals and small businesses too effectively and efficiently move goods and people, both within rural areas and, importantly, urban areas where larger, more diverse markets often lie. The added benefit of good transport services is that it will attract additional visitors and their spending power to local economies. Warwick District Council must consider suitable public transport links when developing new housing & business sites.

There is a clear correlation between short term revenue driven parking policies and the closure of businesses on the high street. Therefore parking should be seen as a vital service which is an integral part of transport policy not as a quick means of raising revenue. Parking policies are all too often a short-term revenue grab, to the detriment of business and the wider community, and ultimately lead to longer term decline in revenue generation for local authorities.

Whitnash Town Council respond to each of the Preferred Options in turn, and
make comments in respect of the Vision and Objectives.
Vision and Objectives
We broadly support the Vision and Objectives for the Local Plan, but reserve
our position on the level of housing supply, for the reasons set out in our
response to PO1 below.
PO1 - Level of Growth
In principle we agree that sufficient housing should be provided across the
District to meet future housing needs. However, we are unable to comment on
the proposed level of an average provision on 555 per annum on allocated
sites, plus windfalls, as housing numbers are an immensely technical issue.
Notwithstanding this, we are very concerned that Warwick District and
Coventry City Councils are failing to exercise their statutory Duty to Cooperate
under the Localism Act 2011 by not addressing the important matter
of cross-boundary housing need.
We are concerned that, in its current state, the proposed strategy will be
found to be "unsound" by the Inspector at the eventual Examination. This
could well result in additional housing provision having to be made, and this
would have clear implications for non-Green Belt areas, such as those
surrounding Whitnash.
We therefore urge the District Council to effectively exercise the Duty to Cooperate
with Coventry in respect of cross-boundary housing provision at this
WHITNASH TOWN COUNCIL
Franklin Road Town Clerk
Whitnash Mrs J A Mason
Warwickshire Email: jenny.mason@whitnashtowncouncil.gov.uk
CV31 2JH
Telephone and Fax: 01926 470394
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stage, therefore preventing the danger of the Local Plan being found
"unsound" in the future and the Council having to consequently revise its
strategy and land allocations.
PO2 - Community Infrastructure Levy
We fully support the District Council in seeking to introduce a CIL scheme as
the Town Council considers it vital that full and appropriate infrastructure
provision is made, in advance of development wherever possible. It is
essential, however, that the funds raised are used to develop infrastructure in
the areas where the impacts will be felt, irrespective of Town and Parish
administrative boundaries.
We look forward to seeing and commenting upon the Infrastructure Delivery
Plan in due course.
PO3 - Broad Location of Growth
We support the strategy to make Green Belt releases to the north of
Leamington. For the first time in many years, this will allow a spatial
rebalancing of the urban form and provide for significant development in areas
away from the southern edge of the Warwick/Leamington/Whitnash urban
area.
Apart from relieving some of the development pressure on the south, it also
represents sensible planning practice by creating a more rounded and
balanced urban area, enabling greater accessibility, especially for the town
centres, and should enable more effective transport planning through
maintaining a more compact urban form with Leamington and Warwick Town
Centres as two central hubs.
Past development allocations had resulted in Leamington Town Centre
becoming increasingly less "central" to the urban area as development
extended to the south. The proposed strategy ends this practice and is
therefore welcome.
PO4 - Distribution of Sites for Housing
At this Preferred Option stage, we do not have detailed proposals for any of
the sites covering, for example, access arrangements, amounts of
employment land, types and forms of community facilities to be provided, and
such like.
Therefore, we wholly reserve our position in respect of objection to, or support
for, any of the sites and we will make strong representations in this respect at
the Draft Local Plan stage.
However, we have a number of concerns in respect of several of the sites. We
draw these to the District Council's attention at this stage so they can be
addressed in formulating detailed proposals.
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Education Provision
A general comment we wish to make is that it is critical that detailed
consideration is given, up front, to the level and location of future school
provision, both Primary and Secondary.
In Whitnash we have suffered from the lack of provision of a Primary School
at Warwick Gates. The draft Development Brief included a school, but this
was subsequently deleted as the County Council, as LEA, took the view that a
better option was the expansion of the existing three schools in Whitnash. As
this was, in planning terms, "policy neutral", the District Council amended the
Development Brief accordingly and deleted the school site.
This has led to problems for the residents of Warwick Gates and we would
seek to ensure that such a situation does not arise again through this Local
Plan process.
Our comments on education more specifically related to individual sites as
follows.
Sites 2 and 3 - if these sites progress, these should be seen as incorporating
a possible location for a Secondary School.
Site 6 (Whitnash East) - we understand that access could only be achieved
through the Campion School site. We are concerned that the school should
remain viable and continue to be located where it is.
Site 10 (Warwick Gates Employment Land) - consideration should be given to
siting a Secondary School on this land, given its advantages in terms of
accessibility from across the south of the urban area. The opportunity should
also be taken to explore the siting of a Primary School on the site, to meet the
needs both of existing Warwick Gates residents and also the needs arising
from any additional housing, on the site itself or in the vicinity.
Site 2 - Myton Garden Suburb
Our concern in respect of this proposed allocation is that its development will
result in the coalescence of the three components of the urban area, Warwick,
Leamington and Whitnash. We consider that this will result in a loss of
individual identity for the three towns.
Site 3 - South of Gallows Hill
We raise the following concerns in relation to this site:
* The land is extremely prominent in the landscape and will be highly
visible when entering the urban area from the south
* The site does not represent a logical extension of the current urban
form. It is in no way "rounding off" and would constitute a "peninsula" of
development extending to the south
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* It would have a negative impact upon the setting of Warwick Castle
Park
Site 6 - Whitnash East
We raise the following concerns in respect of this site:
* We are not convinced that access to the site is feasible. Our
understanding is that the South Sydenham development constituted the
maximum number of dwellings that could be accommodated off a cul-de-sac.
Given that access to the site via Church Lane or Fieldgate Lane is clearly not
feasible, access would have to be achieved via land within Campion School.
As this would involve relocation of school buildings, we are sceptical that the
number of houses proposed could fund the necessary works required to
achieve this solution
* Given the above issue, and our earlier comments on the wider subject
of education provision, we do not wish to see the future location of Campion
School prejudiced by this development
* There are, in the immediate vicinity of the proposed site, substantial
areas of both historical and nature conservation interest. Any development
must not have an adverse impact on any of these cultural, historic and natural
heritage resources
* In the event that the site is developed, we would wish to ensure that
sufficient community facilities are provided within the development and also
that adequate footpath and cycleway links are provided between the
development and the existing community of Whitnash
Site 10 - Warwick Gates Employment Land
We raise the following concerns in respect of this site:
* The site appears to be proposed for development at an extremely low
density. We make this observation elsewhere in respect of other proposed
allocations. We are concerned that, to accommodate the projected housing
need, land is allocated at appropriately high density, thus reducing the overall
level of new land that is needed
* This site is currently a high quality employment land allocation and we
understand that a reason the land has not been developed is landowner
aspirations, rather than demand for such a site. It is essential that the Local
Plan provides a balanced supply of employment land to meet all sectors of
demand, if economic growth and prosperity is to be fostered. There is
currently no other site in the urban area that offers this amount of land area in
such an accessible location. We are therefore concerned at its proposed
reallocation from employment to housing
5
Site 11 - Woodside Farm
We raise the following concerns in respect of this site:
* We fail to see how two access points could effectively be achieved to
this site. We do not consider access from Harbury Lane to be feasible due to
the existing road alignment. We doubt whether access could be achieved
from Tachbrook Road due to the proximity of the Ashford Road and Harbury
Lane junctions to the north and south of the site respectively. Construction of
a roundabout at the Tachbrook Road/Harbury lane junction would offer
potential for one access point, but we are concerned about the impact of such
construction on the important oak trees in the vicinity
* We also doubt whether the development could carry the cost of such
highways works. The option of gaining access via Landor Road is utterly
unacceptable due to the road alignment and lack of vehicle capacity.
Furthermore, it appears that physical access could only be gained through
demolition of existing buildings
* In the event that a single access point was sought, we consider that
this has the potential to isolate the housing from the existing community and
also lead to unnecessary and unsustainable vehicle movements
* The site would be highly prominent in the landscape - there is
therefore a concern about visual impact
* The presence of underground High Voltage electricity cables will limit
the site layout
* There is considerable local opposition to the proposed allocation of the
site. It is our duty as a Town Council to inform you of this high level of
opposition
Site 12 - Fieldgate Lane/Golf Lane
The raise the following concerns regarding this site:
* We consider there to be fundamental access problems and have
concerns about the capacity of the Coppice Road/Morris Drive and Whitnash
Road/Golf Lane junctions to accommodate the additional movements
generated by the development, especially at peak periods
* We are concerned that, at a proposed level of 90 dwellings, the site
density is too high. This would be a prestigious site and the proposed density
should reflect this. Our argument does not run contrary to that made in
respect of other sites, where we consider the density to be too low, as
provision needs to be made at varying densities to reflect different sectors of
the housing market. This includes provision of sheltered housing and singlestorey
dwellings on appropriate sites. This may or may not be the case at
6
Fieldgate Lane, but should certainly be considered across the portfolio of
proposed housing allocations
PO5 - Affordable Housing
We support the provision of appropriate levels of affordable housing but would
seek this to be distributed across all sites to ensure the development of
socially balanced communities
PO6 - Mixed Communities and a Wide Choice of Homes
We support the Preferred Option PO6.
PO7 - Gypsies and Travellers
Given that Whitnash has experienced particular problems through unlawful
traveller encampments in recent years, we support the principle of the
Preferred Option of proper site provision
PO8 - Economy
We support the principles of PO8. However, we reiterate our concern that
appropriate levels of employment land should be provided, in the right places,
and this should constitute a balanced portfolio of sites to meet as wide a
variety of needs and demands as possible
PO9 - Retailing and Town Centres
We support the principles set out in PO9
PO10 - Built Environment
We support the principles set out in PO10
PO11 - Historic Environment
We support the principles set out in PO11
PO12 - Climate Change
We support the principles set out in PO12
We will seek to ensure that any future development in Whitnash seeks to
reduce the Town's overall carbon footprint through the application of
sustainable development and design principles
PO13 - Inclusive, Safe and Healthy Communities
We support the principles set out in PO13
7
PO14 - Transport
We support the principles set out in PO14 with the exception of the section
relating to High Speed 2.
Whitnash Town Council neither objects to nor supports HS2
We urge the District Council to ensure that the final Infrastructure Delivery
Plan takes full account of public transport needs and the principles and
policies set out in Warwickshire County Council's Local Transport Plan 3
PO15 - Green Infrastructure
We support the principles set out in PO15
PO16 - Green Belt
We support the limited release of Green Belt sites as set out in PO16 as this
will create a more balanced and sustainable urban area and urban form
PO17 - Culture and Tourism
We support the principles set out in PO17
PO18 - Flooding and Water
We support the principles set out in PO18

1 Introduction
1.1 In its document Local Plan Preferred Options, May 2012, at para 3.3, the Council invites the views of all interested parties to help shape a draft Local Plan.
1.2 Here are the views of The Warwick Society. They refer to the Full Version of the Preferred Options and in some cases to some of the supporting documents made available on the Council's website. The Response Form, which we have not found effective for structuring our comments, uses the words 'support or object' rather than the Preferred Options' 'the Council is keen to hear the views'. While we have phrased our comments as views, it will be clear that many would be objections to firmer proposals, and will become formal objections if the next stage of the plan-making process does not respond satisfactorily to them.
1.3 The Warwick Society, the town's civic society, was founded in 1951, and has as its first aim to conserve, for the benefit of the public, or to encourage the conservation of, the natural, artistic and cultural amenities of Warwick and its neighbourhood. It seeks to improve standards of new development to benefit both the setting of the old buildings and the life of the town and its people.
1.4 Warwick is no stranger to development. The mediæval town was largely destroyed by fire in 1694, though many timber-framed buildings at its fringes survived. Rebuilding followed a plan to widen the streets and to improve fire-resistance with stone and brick walls. It took place at the start of the Georgian era. So the High Street, the Cross, Church Street, St Mary's Church and Northgate Street form an elegant and coherent architectural ensemble. It is the juxtaposition of the mediæval with the Georgian which makes Warwick distinctive. More recently, C19 industrial development based on the canal and then the railway has been followed by more extensive C20 sprawl based on the car and the road network. In the decade 2001-2011, the population of Warwick grew from 23,000 to 30,000, a rate of increase of 30%, among the very fastest rates of any town in the UK. Assimilating this growth and building new communities takes a generation.
1.4 The new Local Plan gives a new opportunity to make the town, and the district around it, a finer place, and a better place to live, be educated, and to work in. Its population may grow, because it is attractive, and well-located at the south-eastern corner of the West Midlands. Its future residents, and those who work here or visit, need a vision which ensures that it continues to be attractive, and to function well.
1.5 This means:
1 Developing the local economy sustainably, both facilitating growth in jobs and income and reducing the impact of climate change;
2 A pattern of development which reduces dependence on the car, congestion and pollution;
3 Transport and social infrastructure which enables people to live sustainably and economically;
4 Walking routes, cycle routes, schools, health centres and shops which allow people of all ages and capabilities easy and healthy access to them;
5 A mix of housing which meets local needs, especially affordable housing for families;
6 A rate of development which allows the towns and their communities to absorb change and make each a socially and personally contenting place to be; and
7 Protecting the natural and historic environment, especially the green hinterland of towns, green spaces within them, and the historic buildings which make them special places.
1.6 The Preferred Options fail by a long way to achieve this. The Issues [para 4.8] identified in the earlier consultation correspond quite closely to those that we have emphasised. But the preferred options focus heavily on growth and new development, disregarding the relatively low priority given to them by those who responded to the earlier consultation, and disregarding the negative effects of excessive growth and development on the matters that residents consider important.
1.7 In the following sections, we consider the three main ways in which the preferred options fail to meet the expectation of those who live in the District, and suggest changes which, if introduced to the draft Local Plan, could make it a very much better direction for the District to follow.

2 Population Growth and the Demand for Housing
2.1 The Preferred Options' emphasis on growth in jobs and housing, each matching the other [para 4.10], is founded on a circular argument and on mere assumptions.
2.2 The Strategic Housing Market Assessment [para 5.13] 'projects' (not forecasts) future growth in the District's population. It explains [SHMA figs 2.13 and A2.4] that 'in-migration' has been much the most important cause of population growth in the fifteen years 1996-2010. Of a total population increase of 18.9k (from 119.8k to 138.7k), 16.5k has been net in-migration, and only 2.4k the natural change. The report notes [para 2.33] that 'past migration trends will have been influenced in part by past levels of housing delivery.'
2.3 The SHMA assumes the average rate of in-migration of the last five of those fifteen years, 2006-2010, and projects it for the next twenty. There is no quantified analysis of the causes of the in-migration, nor any quantified forecast of its future level. It is simply an assumption.
2.4 The SHMA goes on to assume an age profile for the in-migrants, again basing its projection on neither evidence nor analysis, but on assumptions, in this case those of the ONS [SHMA para 2.17]. The projection of net in-migration is the difference between two much larger numbers, gross in-migration and gross out-migration, and the in-migration figure is produced only by adding that assumed net projection to the ONS assumption of out-migration. The projection is not a forecast, just an arithmetical exercise, and its predicted growth in population is no more solid than the assumptions and extrapolations on which it is based.
2.5 The extrapolations have as their base the after-effect of rapid housebuilding in the years before the market collapsed in 2008. All that they show - as described at the end of para 2.2 above - is that if houses are built, people will move into them; in a second circularity, if the mass housebuilders do not believe that their output will be sold, they build little. A third circular argument then enters the Plan as it stands: if the population rises, employment will rise, as those who buy and occupy the new houses are very likely to have jobs - without which they do not have the means to buy the houses.
2.6 We conclude that the preferred level of 'growth' is simply a bid for growth, rather than a forecast for which there is either evidence or action plan, other than almost free-for-all development with all of the negative impacts on existing residents and the environment that that will bring. The alternatives of more modest levels of growth, in both housing and employment, with much lower damaging impacts, would be equally valid for the Council to choose. We urge that it should reconsider its preference in the light of the absence of evidence in support of it, and take a broader view of both growth and all its consequences.

3 Infrastructure
3.1 The infrastructure proposals do not provide for sustainable development. The modelling of the existing network against possible locations for development consists only of modelling vehicle flows. It does not reflect the national polices and Local Transport Plan which require priority to be given to reducing the demand for transport, and to walking cycling, and public transport.
3.2 Except for the possibility of Kenilworth station (which would have a negligible impact on demand for road use in the peaks) all of the significant infrastructure proposals are for increases in the road network. They have been selected to deal with some of the local congestion created by increase in demand of the various housing site options. They do not provide a coherent transport network for Leamington, Warwick and Kenilworth, rather a continuation of the existing mismatch between traffic and the capacity available to accommodate it.
3.3 Good railway services are already provided at Leamington and Warwick Parkway stations. The level of service at Warwick station is significantly inferior to that of Warwick Parkway, even though it serves a much more substantial population within walking distance. Conversely, almost all access journeys to Warwick Parkway are by car. For journeys to and from work, Birmingham and London are significant destinations and there is some commuting in to Warwick and Leamington which is badly served by Warwick Parkway. The basis of a sustainable infrastructure plan should be to improve train services at all three of these stations, and especially at Warwick station, and to concentrate development close to them, minimising car use. This possibility does not appear to have been considered.
3.4 The conclusion of the modelling is that the existing level of congestion on the urban road network in Warwick, and elsewhere, will be worse than now for longer each day. No attention has been given to the requirement to reduce the impact of traffic on Warwick town centre, in particular to meet the Air Quality Management Area requirement to reduce the level of noxious emissions. This failure invalidates the infrastructure plan. The health of residents, as well as the town centre economy and the conservation of its historic buildings all require that the legal requirement to restore air quality should be given absolute priority.
3.5 Instead, the infrastructure plan proposes spending almost all of the potential developers' funding contributions on major expansion and 'improvement' of the road network. The lesson was learned decades ago that changes of this kind, increasing capacity on some congested sections, simply increases congestion on adjacent parts of the network, through the traffic that the improvements generate.
3.6 We are disappointed and concerned that the preferred options do almost nothing to allow transport demand to be met more sustainably, rather simply try to accommodate it at the expense of the environment and of existing residents and road users. We consider that the whole emphasis of the plan should be above all on sustainability of transport, not just for its environmental impact but also because the prosperity of residents of the district depends on accessibility to services without having to meet the increasing costs of car use.

4 Locations for Development
4.1 Much of the criticism of the Preferred Options has been directed towards the allocation of particular areas of greenfield land at the fringes of the urban area on which large-scale house building is proposed. These sites represent a major misdirection of development. We consider that, rather than the strategy of the Preferred Options, the pattern of development in the district should be dramatically different.
4.2 The total level of development should be substantially lower, of the order of 250 dwellings per annum, Option 1, which is sufficient to meet local needs and not to encourage in-migration.
4.3 Unbuilt existing permissions themselves provide nearly five years' supply to meet this level of requirement.
4.4 Beyond these absolute priority should be given to brownfield sites, as provided for by the NPPF. The Preferred Options propose only that brownfield sites should be used at the end of the plan period, the effect of which would be to consume greenfield sites rather than to bring forward brownfield sites by increasing their value. Some brownfield sites may provide for small numbers of dwellings, but these should not be dismissed: there are potentially many of them.
4.5 Brownfield development should include the intensification of existing development within the urban areas. We do not rule out 'garden development', which can often be in locations close to existing facilities and employment and easily served sustainably. There are extensive areas of development carried out mainly in the second half of the twentieth century where more intensive use of existing housing and employment land would be entirely feasible - were the market signals to encourage it. The proposals for much more intensive office use of the IBM/Opus 40 site on the north-west edge of Warwick go too far in this direction, but demonstrate that intensifying development on a site well connected to the transport network can be attractive to developers.
4.6 Only as a last resort should greenfield land be allocated. The suggestion that it can produce high-quality environments by applying the principles of the garden cities is spurious. The garden cities were planned around local employment and services (in the era before the car, competing supermarkets, choice of school admissions, and two-income households became the societal norm): that is not how we live now. All of the greenfield sites at the urban fringe would be largely car-dependent. As well as their damaging impact on infrastructure and on existing settlements, they would not produce stable, happy communities of their own. The rapid growth in population of Warwick in the last decade requires a period of much gentler growth while the new communities gel.
4.7 The allocation of land south-east of Warwick between the Banbury Road and Europa Way does exactly what the Preferred Options say that they wish to avoid, merging the built-up areas to their east and west. The northern part, north of Gallows Hill, would make Warwick, Leamington and Whitnash into a continuous, sprawling urban area. The southern part, between Europa Way and the Banbury Road would extend this sprawl beyond the natural existing edge of the built-up area, taking development over higher ground and visible from long distances. It would have a directly damaging effect on Castle Park, Grade 1 registered landscape.
4.8 The Green Belt was established to end the outward sprawl of the major conurbations. Circumstances change and there may be exceptional reasons for declassifying Green Belt land: the expansion of Warwick University may be a virtuous case of this. But it is essential that its edges should not be eaten into by extending urban sprawl, for example at Loes Farm and north of Leamington, in the opposite direction from that which it was originally intended to prevent. Similarly, when the Green Belt was designated land south of Warwick and Leamington was not seen as threatened by sprawl from the conurbation simply because the towns stood in the way. Now, that land requires the same level of protection as the post-war Green Belt gave to the edge of the Birmingham and Coventry built-up areas.
4.9 Instead, the Green Belt has become the guarantor of favourable surroundings for the few residents in and outside villages scattered across it. Given the severe damage to the existing urban areas that would follow from their outward extension, an entirely different approach is required to find acceptable greenfield sites. The possible 'Gateway' development around Coventry Airport is an example of this approach: it must concentrate employment and housing close to good transport links without creating undue pressure on the existing urban areas. Planned new or enlarged settlements outside Warwick, Leamington and Kenilworth, and in some cases outside the district - delivered through cooperation with neighbouring authorities - should also be preferred. The substantial employment at Gaydon is not matched by housing provision in the locality, rather met by car-borne commuting to it. Warwick Parkway station and the nearby A46 provide an opportunity not for an urban extension but for a new settlement outside the existing urban boundary, which would not damage what lies within it. Hatton and Lapworth, with existing railway stations, could also be the focus of much more extensive development than is proposed.

5 Conclusion
5.1 We have concentrated on the three main ways in which the preferred options would both worsen the quality of life of the district's residents and damage the historic environment.
5.2 In the copious supporting documentation, there are many more details of the proposed policies which we cannot support.
5.3 But we have limited our comments to these three main issues to try to persuade the Council that the eventual draft Local Plan must be very different from the Preferred Options now proposed.
5.4 We urge the Council to reconsider its preferences and to recognise its long-term responsibility to both the environment and the quality of life of Warwick district.

INTRODUCTION

1.1 Pegasus Planning Group is instructed by Bluemark Projects to submit representations in respect of the Warwick District Council Local Plan - Preferred Options consultation document dated May 2012. Bluemark Projects controls an area of land north of Common Lane, Kenilworth, outside the Green Belt, which they believe is eminently suitable for allocation as a site for sustainable residential development. Making our representations we are mindful of prevailing Government policy, especially the National Planning Policy Framework and the Localism Act 2011. We also believe that the Ministerial Statement by Mr Greg Clark, called Planning for Growth, dated 23 March 2011 is of significance and should be take into account.

1.2 The National Planning Policy Framework (NPPF) was published in March 2012. It sets out that the purpose of the planning system is to contribute to achieving sustainable development. The Government has included in the NPPF a set of core land use planning principles at Paragraph 17, which should underpin both plan making and decision taking. Among these principles it is set out that planning should:

"Proactively drive and support sustainable economic development to deliver the homes, business and industrial units, infrastructure and thriving local places that the country needs. Every effort should be made objectively to identify and then meet the housing business and other development needs of an area, and respond positively to the wider opportunities for growth. Plans should take account of market signals, such as land prices and housing affordability, and set out a clear strategy for allocating sufficient land which is suitable for development in their area, taking account of the needs of the residential and business communities."

1.3 In respect of housing development, Section 6 of the NPPF is entitled "Delivering a Wide Choice of High Quality Homes" and sets out the following at Paragraph 47:

"To boost significantly the supply of housing, the Local Planning Authorities should:

* Use their evidence base to ensure that their Local Plan meets the full, objectively assessed needs for market and affordable housing in the housing market area as far as is consistent with the policies set out in this Framework, including identifying key sites which are critical to the delivery of the housing strategy over the Plan Period"

1.4 In particular the NPPF at Paragraph 179 states:

"Joint working should enable Local Planning Authorities to work together to meet development requirements which cannot wholly be met within their own areas - for instance, because of a lack of physical capacity or because to do so would cause significant harm to the principles and policies of this Framework"

1.5 We have been mindful in making our representations of the need for the Local Plan to be judged against the tests of soundness in set out in the NPPF. In addition at Paragraph 182 a fourth test of the soundness of the Local Plan has been introduced, namely that it is:

" ▪ Positively Prepared - the Plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring Authorities where it is reasonable to do so and consistent with achieving sustainable development"

1.6 Following the budget in March 2011, which set out The Plan for Growth, a written ministerial statement was published by the Minister for Planning, Mr Greg Clark, entitled "Planning for Growth". This statement is not one of the policy documents that has been superseded or revoked by the NPPF. The statement makes clear that the planning system should do everything it can to help secure a swift return to economic growth. In particular he states:

"Local Planning Authorities should therefore press ahead without delay in preparing up to date Development Plans, and should use that opportunity to be proactive in driving and supporting the growth that this country needs. They should make every effort to identify and meet the housing business and other development needs of their areas, and respond positively to wider opportunities for growth taking full account of relevant economic signals such as land prices"

1.7 In addition, the NPPF at Paragraph 173 deals with ensuring the viability and deliverability of Local Plans. It states:

Pursuing sustainable development requires careful attention to viability and costs in plan-making and decision-taking. Plans should be deliverable. Therefore, the sites and the scale of development identified in the plan should not be subject to such a scale of obligations and policy burdens that their ability to be developed viably is threatened. To ensure viability, the costs of any requirements likely to be applied to development, such as requirements for affordable housing, standards, infrastructure contributions or other requirements should, when taking account of the normal cost of development and mitigation, provide competitive returns to a willing land owner and willing developer to enable the development to be deliverable.

We consider this to be an important test which should be applied to the policies in an emerging local plan. The cumulative effects of policies that place additional costs on developers need to be justified, and the potential to adversely affect viability and therefore deliverability must be addressed in evidence.

2. SECTION 2

Part 1: Setting the Scene and Summary

2.1 We have noted in our Introduction what we consider to be the key issues of national planning policy and legislation which should underpin plan making including the preparation of the Local Plan for Warwick. In particular, we think there should be much greater reference to the National Planning Policy Framework (NPPF), the Localism Act 2011 and the Ministerial Statement, Planning for Growth, March 2011 included in the document.

2.2 We of course recognise that Government policy and legislation cannot alone be the key drivers of the Local Plan, and recognise that other strategies and the Council's Vision will necessarily underpin the process in Warwick. However, the omission of reference to national planning policy and legislation is we believe unfortunate and should be rectified. We note references under the heading of "Our Vision for the District" to facilitating and providing for growth both in respect of the local economy and housing needs. We support this forward looking stance on the District's part, however, we question the identification of a specific housing requirement, later contradicted in the Preferred Options document, of 550 new homes per annum on new allocated sites. It is inappropriate to include as part of the Vision which drives the Local Plan, a precise figure for one of the key components of the plan itself thereby raising concerns of a prejudicial approach to the process.

2.3 We also note under the heading of "Environment" that one of the Council's key principles is to avoid coalescence, presumably between settlements within the District, and this is a principle we would support and expect to see carry forward in terms of decisions on the spatial distribution of development. We also note the reference to new development being based on the principles of Sustainable Garden Towns, Suburbs and Villages. We consider this approach to be a bold and interesting proposition, but one which cannot at this stage be held up as a prescriptive means of determining future forms of development. There is much of interest in the accompanying prospectus, dated May 2012 and entitled "Garden Towns, Villages and Suburbs". However, we feel this document can be no more at this stage than a starting point for discussion on interesting ideas around urban design.

2.4 Under the section of the plan entitled "The Local Plan Process" we again would suggest that greater reference should be made to the NPPF, and in particular at this juncture to the Localism Act 2011 and the introduction of a duty to co-operate. The Local Plan would benefit from an explanation of the two elements of the duty to co-operate, firstly the issue of legal compliance with provisions in the Localism Act 2011 itself, and secondly matters of soundness as set out in the NPPF.

2.5 The obligations regarding the duty to co-operate placed on Councils are intended to ensure that with the impending abolition of the Regional Strategy tier of planning, some semblance of co-ordination and strategic planning is maintained. Section 33A of the Planning and Compulsory Purchase Act 2004, inserted by the Localism Act 2011, therefore requires local planning authorities to engage constructively, actively and on an ongoing basis in the preparation of development plan documents. It is also clear that compliance with this legal requirement cannot be undertaken retrospectively, and must be embedded in the process of plan making during the course of preparation of the Local Plan. We note a solitary reference at the end of Paragraph 5.12 to the fact that Warwick District Council will be consulting neighbouring authorities on its proposals, but do not consider this satisfies the legal requirements or the tests of soundness placed on the Council.

2.6 This is an especially pertinent issue in relation to Warwick District Council as it is clear now that Coventry City Council is intending to plan for a level of new housing development which is very significantly lower than the needs arising in the City. Indeed, the response of Coventry City Council in respect of consultation on the Preferred Options document suggest that homes being provided in Warwick District will meet some of the needs arising in Coventry. We are not aware that this is a formal agreement between the districts, as we have seen no evidence of proper co-operation in terms of strategic planning in the sub-region. It is also the case that Birmingham has openly acknowledged that it cannot accommodate all of the needs arising within its boundaries, and will be relying on new housing development to meet the needs of the City being provided in adjoining districts. The clearly established patterns of out-commuting from Warwick into Birmingham suggest that a proportion of the housing needs of Birmingham itself which cannot be met within its boundaries will need to be met within Warwick District. Whilst it is laudable that Warwick District Council is making timely progress on preparing a Local Plan, the duty to co-operate placed upon it in terms of the Localism Act 2011 and indeed Paragraphs 178 to 181 of the NPPF mean that due attention must be given to these matters in order to avoid any problems with the progression of the Local Plan through its Examination in Public.

2.7 We note that at Paragraph 4.8 the Council identifies opportunities and issues that the District faces and the importance of the Local Plan addressing these. We agree with many of the issues identified, but consider that opportunities are not properly represented and greater reference should be made to the excellent locational benefits, strong demand for housing and robust local economy which can support growth of benefit not just to the area but to the sub-region and wider region. Under the heading 'Objectives' at Paragraph 4.9, we consider that amendment in particular to take account of the NPPF has not gone far enough. In particular, we consider that the overarching objective of the planning system should be recognised, namely helping to secure sustainable development. The Objectives section would also benefit therefore from a clear reference to the Government's view of the three dimensions to sustainable development set out at Paragraph 7 of the NPPF, namely that the planning system should perform an economic role, a social role and an environmental role. We believe these complementary roles are expressed in the objectives set out in the Plan, but they should be referenced more clearly to the NPPF and the achievement of sustainable development.

2.8 Under the sub-section Preferred Level of Growth, at Paragraph 5.1, we agree entirely that the Council should "plan for a level of growth that is founded on the best evidence". Again there should be reference to the NPPF and in particular the requirements of Paragraph 159 with regard to planning for an appropriate level of housing growth.

2.9 In this regard, the reference repeated at Paragraph 5.2 to an objective to support growth in the region of 550 new homes per annum is inappropriate as an issue or objective, as such a figure can only be derived once a clear understanding of the objectively assessed housing needs of the area has been explicitly set out. The need first to establish, based on robust evidence, what the objectively assessed housing needs of the area are is set out clearly in the recently published Inspector's Preliminary Conclusions with regard to the Bath and North East Somerset Core Strategy Examination. The Inspector, Mr Simon Emerson was clear that an objective assessment of housing needs and demands in the manner required by Paragraph 1.59 of the NPPF is an essential pre-requisite to considerations of how those needs should be met. He went on to say at Paragraph 1.11 of the annex to his Preliminary Conclusions that:

"The NPPF makes clear (e.g [Paragraph]47) that Local Plans should meet the full, objectively assessed needs for market and affordable housing. Even if it cannot do so because the exceptions in NPPF14 are met, needs must be objectively assessed so as to identify any unmet need that should be sought in adjoining areas."

2.10 In our view, the starting point for understanding the objectively assessed needs of the District should be the most up-to-date household projections available from the Department for Communities and Local Government (DCLG). At this moment in time these are the 2008-based household projections. Analysis of this data shows that over the plan period 2011 - 2029, the projected increase in the number of households in Warwick District is 15,500. It would then be reasonable to include allowances for un-met need, vacancies and second homes in order to derive a dwelling requirement which the District should plan for through the Local Plan process. It is clear from this analysis that the figure of 10,800 dwelling which the Council proposes as its housing requirement falls far short of objectively assessed needs.

2.11 We note references in Section 5 at 5.21 that the SHLAA demonstrates the levels of growth up to 700 dwellings per annum can be accommodated within the District in strategically sustainable locations. We are not persuaded, however, by the dismissal of this option on the basis of the cursory explanation that is contained in the final sentence of that paragraph. The onus is now clearly on Local Planning Authorities to demonstrate why sustainable development, including on greenfield locations, cannot be delivered in accordance with the NPPF, to meet objectively assessed needs. In that context, the land my client controls north of Common Lane, Kenilworth would be entirely appropriate as a location for sustainable residential development, outside the Green Belt, to help meet these needs.



3 Part 2: Delivering Growth

7. Housing

3.1 Whilst we support the identification as a key issue at paragraph 7.4, 'the need to provide more housing to ensure that the needs of current and future residents are addressed', we disagree fundamentally with the preferred level of housing growth that Warwick has chosen to provide for, namely 10,800 new homes between 2011 and 2029, 600 new homes per annum. We have commented previously that we consider this figure is very significantly below the objectively assessed needs of the District. In that context therefore the proposal to provide for 10,800 new homes over the period 2011-2029 fails to accord with the requirements of the NPPF, particularly at Paragraph 47, to use an evidence base to ensure that the Plan meets the full objectively assessed needs for market and affordable housing in the housing market area.

3.2 The Council has chosen to produce a Strategic Housing Market Assessment solely for the District, and it would appear that the Council's assumptions are that this represents the housing market area within which it must meet objectively assessed needs. The alternative would be for Warwick District Council and other adjoining authorities to prepare a Strategic Housing Market Assessment which covers a wider area taking in a number of authorities and representing a sub-region approach to the distribution of housing growth. There is no evidence that this is taking place as required in the NPPF, particularly Paragraphs 178 to 181.

3.3 The preferred option, PO3: Broad Location of Growth should, we submit, be clearer about the focus for most growth being directed within and on the edge of the existing urban areas and the preference in the first instance for the location of development in areas outside the Green Belt. We support the identification of the importance of the need to avoid coalescence of settlements, and this is especially the case with regard to Green Belt land in accordance with Paragraph 80 of the NPPF.

3.4 We therefore think the identification of the broad location for growth as a preferred option would benefit from clearer prioritisation of the need: firstly to concentrate growth within and on the edge of existing urban areas in locations outside the Green Belt; the importance of avoiding development within the Green Belt which closes the gap between existing settlements, and could potentially therefore lead to their coalescence; and, in accordance with these principles, the distribution of growth across the district. We acknowledge the importance of a proportionate amount of growth in the rural areas, based on a hierarchical approach to the suitability of rural settlements.

3.5 In setting out in Table 7.1 what it believes to be the extent of existing housing land supply in the District, the Council has made an allowance for windfall development. Whilst the NPPF clearly indicates that local planning authorities can make an allowance for windfalls, it also states that they can only do so if they have compelling evidence that such sites have consistently become available in the local area and will continue to provide a reliable source of supply. In the absence of any evidence from the Council, it will not be justified in terms of Paragraph 49 of the NPPF to include a windfall allowance. We therefore expect that the Council will need produce the compelling evidence required in order to justify any windfall allowance, which must only apply to sites below the threshold for the SHLAA, and exclude garden land. We therefore have concerns that the Council is currently unable to demonstrate a supply of land for 3,814 dwellings. In addition, given that we disagree that the figure of 10,800 dwellings is an appropriate housing requirement over the Plan Period, we therefore believe that the balance of land to be allocated through the Plan is significantly in excess of the 6,986 dwellings indicated at Table 7.1.

3.6 In addition, we find the reference at the end of Paragraph 7.22 to the need to provide housing to support a "Regional Investment Site" in the vicinity of the A45/A46 junction near Coventry Airport inexplicable and inappropriate. It is indicated in Paragraph 7.22 that the over-provision which the Council believes it has made in respect of new housing will enable additional housing to be provided near Coventry Airport. We fail to see how this is the case, as the total of 8,360 is accounted for by other developments identified in Warwick District. Further housing release near Coventry Airport would therefore add to this total. We have seen no proposals with regard to the Coventry Gateway Proposal at Coventry Airport for new housing to be built in the Green Belt, either in Coventry or Warwick. If such a move is to be proposed through the Warwick Local Plan, this will clearly be to meet housing needs arising in Coventry, and we would expect to see it justified fully by evidence of joint working between the respective Authorities in order to meet unmet need arising in Coventry within the Green Belt in Warwick.

3.7 PO4: Distribution of Sites for Housing, proposes allocations for housing or mixed use development in order to deliver housing growth. We propose the allocation of land north of Common Lane, Kenilworth, as described in the Background Document we have prepared to support these representations, as suitable for housing development. The Background Document provides an illustrative layout which demonstrates that it is reasonable to assume a capacity of c.65 dwellings on the land outside the Green Belt north of Common Lane. We understand that the Council may not have previously had information to demonstrate that access to the site could be satisfactorily achieved, but the Background Document clearly demonstrates an access solution which will also have the benefit of improving traffic flows and safety on Common Lane.

3.8 The identification of land in the Green Belt for residential development through the plan making process can only be justified in exceptional circumstances, in accordance with Paragraph 83 in the NPPF. We do not believe that the Council can sustain the view that such exceptional circumstances exist where it has not first considered all other options for sustainable development on land outside the Green Belt. In the case of the land my client controls, north of Common Lane, Kenilworth, this site should be identified as an allocation for residential development for c.65 dwellings, in policy PO4: Distribution of Sites for Housing.

3.9 Affordable Housing
The Preferred Options document acknowledges that it is not possible for the overall level of housing growth proposed to meet the arising requirements for affordable housing, as the annual arising need for affordable housing is 698,which is in excess of the proposed annual requirement of 600 dwellings per annum. In addition, as the windfall element is likely to consist of smaller sites they are unlikely to contribute towards affordable housing delivery exacerbating the shortfall. The housing requirement is therefore not addressing the need for all types of housing as required by paragraph 159 of the NPPF. In addition, the title to this subsection is incorrect as the Local Plan does not meet the need for affordable housing.

3.10 As identified in the accompanying Housing Evidence Review Paper, it is advised that a higher housing requirement is appropriate taking into consideration relevant factors. Such a requirement, in the order of 17,500, is in excess of the total arising affordable housing need (12,564 dwellings based on an average of 698 dwellings per annum over 18 years) and would assist to deliver a greater amount of affordable housing.

3.11 There is concern that if the overall arising housing needs (for both market and affordable) are not catered for, the poorest in society will be further marginalised (i.e. remaining as concealed/ shared households, when accommodation within the private rented market is potentially beyond their means) and could result in such groups moving out of the District to locations where dwellings that are affordable are available. Such an outcome would have a detrimental effect on society both socially and economically. For example, family/ social networks are broken, which potentially places a greater burden on local services and it could lead to a mismatch between available local labour and jobs, which could result in increased commuting.

3.12 In terms of the proposed policy approach, which requires 40% affordable housing on developments of 10 or more dwellings in the urban area and 5 or more dwellings in the rural area, it is important that the policy approach remains flexible as this blanket level of affordable housing will not be achievable on all development sites.

3.13 It is acknowledged that an Affordable Housing Viability Assessment has been prepared in order to test varying percentages for the affordable housing policy. Such assessments are based upon key variables to test the impact of different levels of affordable housing provision. The key variables set out within the report are: market position, location, value area, density, tenure split and developer profit. There are a number of other factors which have not been taken into account such as site remediation and provision of infrastructure. These can have a huge bearing over whether a scheme is viable or not.

3.14 Assumptions in relation to each of the key variables are used to determine viability. There is concern that given no two sites are the same general assumptions in respect of the cost and revenues of development may be inaccurate. It is therefore essential that the Council allows a flexible approach to delivering affordable housing in order to ensure that development is not prevented from coming forward as a consequence of a rigid policy approach. Similar sentiments are echoed in the Ministerial Statement of March 2012 and NPPF, both of which seek to facilitate housing delivery and ensure that Local Plans do not impose unnecessary burdens that could threaten the viability of development.

3.15 Mixed Communities and a Wide Choice of Homes
It is welcomed that the PO6: Mixed Communities and a Wide Choice of Homes does not include a prescriptive approach to house sizes and types to meet the needs of communities. There is a reference to such information being set out within the Strategic Housing Market Assessment. There is concern, however, that this document may not be updated regularly and therefore the information in relation to housing mix and type may become out of date. Indeed the information contained within the Strategic Housing Market Assessment is already out of date to some extent as it relies on data from 2011. Further, although information is set out at a sub district level, there may be a justification for a specific mix and type of housing on a specific site or in a particular locality and therefore the Council should ensure the policy is sufficiently flexible to deal with such circumstances. We believe that housing developers have a good understanding of the markets within which they operate, as ultimately they will only build what there is demand for in the area.

3.16 The Preferred Option also requires at least 25% of homes, across all tenures, on sites of 50 or more dwellings to be built to Lifetime Home standards. This is a discretionary standard and whilst a number of house builders do achieve lifetime homes standards voluntarily. It should not be compulsory through planning policy. As with any policy which imposes an additional financial burden on developments, the requirements of Paragraphs 173 and 174 of the NPPF are especially relevant. In particular, Paragraph 174 states:

Local planning authorities should set out their policy on local standards in the Local Plan, including requirements for affordable housing. They should assess the likely cumulative impacts on development in their area of all existing and proposed local standards, supplementary planning documents and policies that support the development plan, when added to nationally required standards. In order to be appropriate, the cumulative impact of these standards and policies should not put implementation of the plan at serious risk, and should facilitate development throughout the economic cycle. Evidence supporting the assessment should be proportionate, using only appropriate available evidence.

3.17 We have seen no assessment of the cumulative impact of all of the requirements and local standards set out in the Preferred Options document, and unless evidence is produced which supports the imposition of these, the Local Plan cannot be justified.



12. Climate Change

3.18 The Preferred Options document sets out a requirement that seeks a 20% reduction in carbon emissions from development to include a contribution from renewable and low carbon technologies, which is to be applied to residential development of one dwelling or over and to require new residential development to meet standards set out in the Code for Sustainable Homes. There is concern that this policy approach lacks flexibility and is not the most appropriate strategy. In particular, it is not in accordance with Paragraph 95 of the NPPF which requires local planning authorities:

when setting any local requirement for a building's sustainability, do so in a way consistent with the Government's zero carbon buildings policy and adopt nationally described standards.

3.19 Reducing energy use through a 'fabric first' approach is something that many developers are currently looking at and is therefore a realistic and deliverable way forward for reducing carbon emissions. For example the AimC4 consortium is seeking ways to achieve the 25% CO2 reduction required between the future Part L 2013 building regulations and the current Part L 2010 building regulations at no additional cost. This would effectively move, in relation to Part L, from Code for Sustainable Homes Level 3 to Level 4 without increasing build costs.

3.20 Any future policy on CO2 reduction should begin with energy conservation and efficiency before looking at on-site or off-site renewables / low carbon solutions. The way in which new residential development will meet the carbon reductions required in building regulations is not prescribed and therefore could comprise of a range of solutions but it appears that 'fabric first' is generally the route being pursued by house builders, and as such is a realistic cost effect way of delivering reductions. In view of the fact that carbon reduction is enshrined in current and future building regulations legislation there is no basis for adding a further layer of policy through in the Local Plan. In addition, all development must be planned for its lifetime. Reliance on technologies which may well stop working or become obsolete before the end of the life of the development should therefore be avoided. It is, for example, questionable whether solar PV panels imported from the Far East and added to developments represent a sustainable, long term solution to reducing carbon emissions.

3.21 The reference to on-site energy efficiency measures and low or zero carbon energy generation to meet a carbon reduction equivalent to 20% of predicted energy requirements is not considered to be justified. As noted above the 2013 Part L building regulations will already see a 25% improvement in CO2 emissions over current Part L building regulations (and a 44% improvement over the 2006 version). By aligning Category 1 (Energy and Carbon Dioxide Emissions) of the Code for Sustainable Homes with Part L of the building regulations the Government are maintaining a realistic timetable to reducing carbon emissions. The emerging Local Plan is taking a contrary approach whereby it is seeking to force measures onto new development prior to the national timetable without exploring the consequences.

3.22 In reality, in respect of house building it is the market that will really dictate the level of energy efficiency and carbon reduction in new homes over and above legal requirements. If buyers are prepared to pay the additional premium for zero carbon homes then the development industry will build them. However at the moment evidence suggests that reducing carbon emissions is not top of the list when purchasing a property, particularly when peoples' incomes are under pressure from other sources.

3.23 There is no objection to reducing the impact development has on climate change but, in respect of new housing, the policy takes no account of the cost implications that will arise from the measures, a burden that will ultimately fall on the house buyers. As previously noted, Paragraph 174 from the NPPF requires local planning authorities to assess the cumulative impact on the implementation of the Local Plan of all local standards, in order for the plan to be justified.

3.24 The Government has not made achieving a particular level against the Code for Sustainable Homes mandatory i.e. the rating can be zero. Whilst the legal requirement to reduce CO2 emissions is currently the equivalent of Code 3, and next year it will be Code 4, there is no legal requirement to meet the CO2 emission equivalent of either Code 5 (100% improvement) or Code 6 (zero net). Paragraph 95 of the NPPF states that when setting any local requirement for a building's sustainability local planning authorities should do so in a way consistent with the Government's zero carbon buildings policy and adopt nationally described standards. The emerging Local Plan is seeking to go beyond these without justification.


15. Green Infrastructure

3.25 We object to the proposal to replace 'Areas of Restraint' with Green Wedges. There is no basis in the NPPF for adding a layer of protection or restriction over development in addition to the Green Belt, or above such areas which local communities may seek to identify as Local Green Space.

3.26 The NPPF contains, as one of its core principles in Paragraph 17, reference to recognising the intrinsic character and beauty of the countryside. Large parts of the District are covered by Green Belt designation, with its well established levels of control over development, and the NPPF at Paragraphs 76 and 77 allows local communities, in defined circumstances, to designate land as Local Green Space. Areas of particular nature conservation or habitat value can be afforded protection through the hierarchy of designated sites. There is no justification, therefore, for adding a further layer of 'Green Wedges' and all references to this approach should be deleted.


4 Conclusion

4.1 These representations to the Warwick Local Plan - Preferred Options consultation document have been prepared on behalf of our client, Bluemark Projects. They are supported by a Background Document which identifies a site north of Common Lane, Kenilworth which we contend should be identified as an allocation in the submission version of the Local Plan when it is published.

4.2 Our representations have set out what we consider to be flaws in the consultation document which could render the Local Plan unsound, and we therefore commend the points we have raised to you for further consideration. In particular, we have concluded that the plan should refer more explicitly to the requirements both of the NPPF and the Localism Act 2011. In should also remove references to what could reasonable be concluded is a pre-ordained approach to the overall level of new dwelling provision the Plan should provide for.

4.3 We do not believe the consultation document has properly identified objectively assessed housing needs in accordance with the NPPF, nor is there any evidence of compliance with either the legal obligations or the requirements of the NPPF with regard to the duty to co-operate. These, we contend, are serious flaws in the approach the Council is adopting.

4.4 The Council's approach to the spatial distribution of development should be clarified along the lines we have suggested, and we contend that the land outside the Green Belt north of Common Lane, Kenilworth should be allocated as a housing site in policy PO4: Distribution of Sites for Housing.

4.5 We object to elements of the Council's approach to local standards generally and consider the requirements to justify this in accordance with the NPPF have not been met. In particular we have concerns with the policy suggested for affordable housing and to the approach proposed in relation to lifetime homes. We also object local standards in the manner envisaged in relation to climate change. We further find no basis for the suggestion of a policy to identify green wedges, which should be removed from the Plan.