Modification 26 to allocate Land at Warwick Road for the provision of outdoor sport (Policy DS NEW4 SP2) is supported.

Paragraph 81 of the National Planning Policy Framework requires local planning authorities to plan positively to enhance the beneficial use of the Green Belt. One of the beneficial uses referred to in the Framework is the provision of opportunities for outdoor sport and recreation. Policy DS NEW4 is, therefore, consistent with the Framework.

The Warwick Road site is well suited to a range of formal and informal sporting uses and is accessible to the existing and future residents of Kenilworth and its hinterland.

The reason for Policy DS NEW4 is to enable sports clubs in Kenilworth to grow in the context of new and previously proposed housing allocations. The need for land suitable for outdoor sport is evidenced in the Playing Pitch Strategy (November 2014) and usefully highlights the issues affecting clubs such as Kenilworth RUFC, Kenilworth Wardens CC and Kenilworth Town CC. Many of the clubs have facilities which are in need of enhancement (including matters such as inadequate numbers and quality of pitches, poor drainage and club houses/changing rooms in need of significant improvement) and limited capacity on their existing sites to expand the facilities to meet future aspirations.

The Council are proposing to consolidate Kenilworth's sports facilities in a new Sports hub at Castle Farm to the west and a smaller hub to the south at Warwick Road. The allocation to the east of Warwick Road (SP2) is well located as a sports hub, complementary to the hub at Castle Farm, being accessible to residents of Kenilworth and visiting teams by virtue of its access to the strategic road network, rail station and bus services.

The sports use of land to the south of H41 will create a natural transition from the built edge of Kenilworth to the wider countryside, creating a soft edge to the town. The openness of the Green Belt would be maintained while maximising its beneficial use for the residents of Kenilworth.

A dedicated access to the site off Warwick Road would be more conducive to maximising the layout and function of the sports facilities and housing allocation H41 (see representations on DS11).

See attached
Appendix 1

Ancient Woodland

As the UK's leading woodland conservation charity, the Trust aims to protect native woods, trees and their wildlife for the future. Through the restoration and improvement of woodland biodiversity and increased awareness and understanding of important woodland, these aims can be achieved. We own over 1,250 sites across the UK, covering around 23,000 hectares (57,000 acres) and we have 500,000 members and supporters.

Ancient woodland is defined as an irreplaceable natural resource that has remained constantly wooded since AD1600. The length at which ancient woodland takes to develop and evolve (centuries, even millennia), coupled with the vital links it creates between plants, animals and soils accentuate its irreplaceable status. The varied and unique habitats ancient woodland sites provide for many of the UK's most important and threatened fauna and flora species cannot be re-created and cannot afford to be lost. As such, the Woodland Trust aims to prevent the damage, fragmentation and loss of these finite irreplaceable sites from any form of disruptive development.

The Trust is concerned about a number of site allocations included in the Warwickshire Local Plan as they could lead to the damage and loss of ancient woodland.

Planning policy

National Planning Policy Framework (NPPF) paragraph 118 states that "planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location clearly outweigh the loss."
Emerging national policy is increasingly supportive of absolute protection of ancient woodland and ancient trees. The Communities and Local Government (CLG) Select Committee published its report following its June 2014 inquiry into the 'Operation of the National Planning Policy Framework (NPPF)', in which it has specifically recognised the need for better protection for ancient woodland (Tues 16th Dec 2014). The CLG Select Committee report states: 'We agree that ancient woodland should be protected by the planning system. Woodland that is over 400 years old cannot be replaced and should be awarded the same level of protection as our built heritage. We recommend that the Government amend paragraph 118 of the NPPF to state that any loss of ancient woodland should be "wholly exceptional". We further recommend that the Government initiate work with Natural England and the Woodland Trust to establish whether more ancient woodland could be designated as sites of special scientific interest and to consider what the barriers to designation might be.' http://www.publications.parliament.uk/pa/cm201415/cmselect/cmcomloc/190/190.pdf.
This shows a clear direction of travel, recognising that the NPPF does not currently provide sufficient protection for ancient woodland. Until the NPPF is amended there is a clear role for Local Plans and associated documents to provide this improved level of protection and to ensure that irreplaceable habitats get the same level of protection as heritage assets enjoy under the NPPF.
This recommendation should also be considered in conjunction with other - stronger - national policies on ancient woodland and ancient trees-
* The Government's policy document 'Keepers of Time - A statement of Policy for England's Ancient & Native Woodland' (Defra/Forestry Commission, 2005, p.10) states: 'The existing area of ancient woodland should be maintained and there should be a net increase in the area of native woodland'. 'Keepers of Time' (Defra, 2005) - now re-affirmed in the Government's Forestry Policy Statement - also requires that: 'Ancient and native woodland and trees should make an increasing contribution to our quality of life....Take steps to avoid losses of ancient woodland and of ancient and veteran trees' (P.10/11).
* The Government's Independent Panel on Forestry states: 'Government should reconfirm the policy approach set out in the Open Habitats Policy and Ancient Woodland Policy (Keepers of Time - A statement of policy for England's ancient and native woodland).....Reflect the value of ancient woodlands, trees of special interest, for example veteran trees, and other priority habitats in Local Plans, and refuse planning permission for developments that would have an adverse impact on them.' (Defra, Final Report, July 2012). This has been endorsed by the response in the Government Forestry Policy Statement (Defra Jan 2013): 'We recognise the value of our native and ancient woodland and the importance of restoring open habitats as well as the need to restore plantations on ancient woodland sites. We, therefore, confirm our commitment to the policies set out in both the Open Habitats Policy and Keepers of Time, our statement of policy for England's ancient and native woodland'.
* The Government's Natural Environment White Paper - The Natural Choice: securing the value of nature (HM Government, July 2011, para 2.56) states that: 'The Government is committed to providing appropriate protection to ancient woodlands....'.

* The Biodiversity Strategy for England (Biodiversity 2020: A Strategy for England's Wildlife & Ecosystem Services, Defra 2011, see 'Forestry' para 2.16) states that - 'We are committed to providing appropriate protection to ancient woodlands and to more restoration of plantations on ancient woodland site'.
There is increasing evidence of other local authorities supporting absolute protection of ancient woodland in their LDF planning documents -

North Somerset Council Core Strategy Adopted April 2012 -
'Policy CS4: Nature conservation
North Somerset contains outstanding wildlife habitats and species. These include limestone grasslands, traditional orchards, wetlands, rhynes, commons, hedgerows, ancient woodlands and the Severn Estuary. Key species include rare horseshoe bats, otters, wildfowl and wading birds, slow-worms and water voles.
The biodiversity of North Somerset will be maintained and enhanced by:...
3) seeking to protect, connect and enhance important habitats, particularly designated sites, ancient woodlands and veteran trees'.
South Ribble Borough Council Local Plan 2012 - 2026 (Adopted July 2015)
Policy G13-Trees, Woodlands and Development
a) Planning permission will not be permitted where the proposal adversely affects trees, woodlands and hedgerows which are:
i Protected by a Tree Preservation Order (TPO);
ii Ancient Woodlands including individual ancient and veteran trees and those defined in Natural England's inventory of ancient woodlands;
ii In a Conservation Area; or
iv Within a recognised Nature Conservation Site.
10.73 Ancient Woodlands (woodlands which have been continuously wooded since 1600AD) are particularly important for their flora, fauna and their undisturbed soil and drainage patterns. It is essential that Ancient Woodlands are protected from the adverse effects of development since they are an irreplaceable asset.
10.74 Trees in Conservation Areas also make a special contribution and enhance the environmental quality of these areas. Such trees are protected under the Planning (Listed Buildings and Conservation Areas) Act 1990. Six weeks prior written notice must be given to the local planning authority of any intended works to the trees. This will enable the Council to make a Tree Preservation Order if the proposed works are unacceptable and detrimental to the character of the Conservation Area. The Council wishes to encourage the planting of native tree and hedgerow species, where trees are characteristic of the landscape and are beneficial to wildlife
The Bristol City Council - Site Allocations and Development Management Policies (Adopted July 2014) [part of Local Plan) states that
Policy DM17: Development Involving Existing Green Infrastructure
"Trees
All new development should integrate important existing trees. Development which would result in the loss of Ancient Woodland, Aged trees or Veteran trees will not be permitted".
Torbay Local Plan (adopted December 2015) Policy C4 - Trees, hedgerows and natural landscape features
"Development will not be permitted when it would seriously harm, either directly or indirectly, protected or veteran trees, hedgerows, ancient woodlands or other natural features of significant landscape, historic or nature conservation value".


In addition Policy NE2 Protecting Designated Biodiversity and Geodiversity Assets of the Warwick DC Local Plan Submission version (sub para a) also provides protection for ancient woodland and veteran trees.


Natural England's standing advice for Ancient Woodland and Veteran Trees (published April 2014), paragraph 4.8.1 states: 'Ancient woodland is of prime ecological and landscape importance, providing a vital part of a rich and diverse countryside. In particular, ancient woodland:

* is exceptionally rich in wildlife, and supports many rare and threatened species;
* may contain surviving descendants and features from the original natural forests;
* acts as reservoirs from which wildlife can spread into new woodlands;
* has valuable soils due to their undisturbed nature;
* is an integral part of England's historic landscapes and the biological and visual functioning of a landscape;
* contains a wealth of features of historical and archaeological importance little altered by modern cultivation or disturbance;
* contributes to people's sense of place and imagination.'

Impacts on ancient woodland

Approximately one quarter of priority UK BAP species are associated with woodland habitats. Forests, woods, and trees make a significant contribution to biodiversity, and ancient sites are recognised as being of particular value. Due to their longevity, ancient woodlands are more species rich, and are often refuges for specialist woodland species that struggle to colonise new areas.

Woodland wildlife populations are exposed to damaging external impacts from outside the woodland site. Intensity of land use adjacent to ancient woodland results in an increase in these external impacts, otherwise known as 'edge effects'. Detrimental edge effects have been shown to penetrate woodland causing changes in ancient woodland characteristics that extend up to three times the canopy height in from the forest edges.

Creation of new areas of woodland or buffer zones around semi-natural habitats, and more particularly ancient woodland, will help to reduce and ameliorate the impact of damaging edge effects, serving to improve their sustainability. The size of the buffer is dependent on the intensity of land use in the intervening matrix between ancient woods.

Natural England's standing advice for Ancient Woodland and Veteran Trees, paragraph 6.4, highlights the importance of keeping development away from ancient woodland and buffering it where necessary:

"Development must be kept as far as possible from ancient woodland, with a buffer area maintained between the ancient woodland and any development boundary. An appropriate buffer area will depend on the local circumstances and the type of development. In a planning case in West Sussex the Secretary of State supported the arguments for a 15m buffer around the affected ancient woodland, but larger buffers may be required."

The size of a number of the site allocations suggests that large scale development could potentially take place. The minimum 15m buffer recommendation to all development is not effective in ensuring that ancient woodland within and/or adjacent to site allocations is not affected by potential future development. Buffers should be constructed on a case-by-case basis rather than a 'one size fits all' approach.

The Woodland Trust is particularly concerned about the following:

* Disturbance by noise, light, trampling and other human activity;
* Fragmentation as a result of the destruction of adjacent semi-natural habitats;
* Development providing a source of non-native plants and aiding their colonisation;
* Where the wood edge overhangs gardens, branches and even whole trees can be indiscriminately lopped/felled, causing reduction of the woodland canopy;
* There will inevitably be safety issues in respect of trees adjoining public areas and buildings, which will be threatening to the longer-term retention of such trees;
* There can be changes to the hydrology altering ground water and surface water quantities. Also the introduction of water run offs from urban development will result in changes to the characteristics and quality of the surface water as a result of pollution/contamination etc.

The close proximity of a large development to ancient woodland and ancient trees could have numerous adverse impacts on the health of the site.

In order to protect the site's fauna and flora from exposure to edge effects it is necessary to implement a buffer zone. A buffer is a landscape feature used to protect sensitive areas from the impacts of development (or other harmful neighbouring land use). The buffer could be planted with trees or shrubs or it could be an area of land which the development is not allowed to encroach upon (e.g. a grassy strip).

Buffers should be designed on a case by case basis, and depend on a variety of factors, such as number of houses, alternative areas of green space available, layout of the development, etc. The Trust recommends that a buffer of at least 15m is implemented between the proposed development and ancient woodland. This buffer should consist of 50% planting of semi-natural vegetation.

The implementation of a buffer consisting of hawthorn would help to prevent edge effects and garden-related problems from arising by preventing encroachment on to our site. Alternatively a grassy strip would also serve an important purpose as it will help to separate the woodland from development and encourage a phased habitat to the woodland edge.

It should be noted that gardens of adjacent housing must not be included within buffer zones as there is limited control over how they may be used, or developed in the future; for example, they might be paved or decked without the need for planning permission or they may include inappropriate species which could integrate themselves into our site. Further to this the Trust recommends that gardens of houses are not backed on to our site as they result in the increase of garden-related problems for adjacent wooded areas, i.e. waste tipping, littering, spreading of invasive and non-native plants species, disturbance, pet intrusion, etc.

See attached
Question 7

1. The LPA is fully aware that the McDaide family, the Hibbert family and KFRC, who hold the controlling land interests for Allocation H06, have from the commencement of the Local Plan preparation promoted the release of the site and its development for residential-led mixed use development on a comprehensive basis. In response to the Inspector's interim conclusions, the LPA has identified as a separate policy allocation - Policy H40 - a further substantial release of land from the Green Belt - for a similarly residential - led mixed use development. Policy DS15 applies to the development of Strategic Sites and states at c):

'Thickthorn and sites allocated to the east of Kenilworth.'

2. One of the key purposes of a development plan is to provide guidance as to how development allocations are to be brought forward. The submissions of proposals for sites H06 and H40 are of a scale that the applicants for planning permission will need to demonstrate a comprehensive approach to a wide range of planning requirements, through the Design and Access Statement, parameters plan and possible Environmental Assessment. Such submissions reasonably can have regard to the principles of development that are identified in the Local Plan for the adjoining allocation, and the impacts upon infrastructure, for example through a Transport Assessment. However, as noted at Explanation paragraph 2.66, the land holdings are in 'multiple ownerships.' There is an agreed understanding between the parties of how the land allocation under H06 can be brought forward promptly, following the adoption of the Local Plan, releasing the land from the Green Belt.

3. The intimation at paragraph 2.66 is that all landowners should set up some form of 'consortia or other formal means of co-ordinating joint-working.' Experience demonstrates that such an arrangement for an extensive parcel of land - across two mixed-use allocations may lead to avoidable delays in bringing the two land allocations forward within the development management process. The landowners for Thickthorn (H06) can bring forward the landholding promptly in response to the release of the site from the Green Belt. The landowners have received many interests from housebuilders to take forward the allocation through the development management process and deliver new homes on this site.

4. Clearly, as two committed allocations, the bringing forward of either allocation would have to have regard to the development of others, most likely through environmental assessment. The Transport Assessment and other technical assessments would ordinarily have regard to the implications of intended development on adjoining land.

5. Paragraph 2.68 of the Explanation provides sufficient guidance to the developers of strategic sites - in this particular case - H06 and H20, that development of either needs to take account of the other. Comprehensive development can be achieved for each site, having regard to the development implications of adjoining allocation, without requiring a 'formal means of co-ordinated joint working.' Informal joint working, including full participation of the LPA can achieve a high quality and integrated development across the two allocations east of Kenilworth.

Question 8

6. Identify land at Thickthorn (H06) and land at Crewe Lane, Southcrest Farm, Woodside Training Centre (H40) separately under the list of strategic sites under Policy DS15.
Question 7

1. The representation on behalf of the McDaide Family; The Hibbert Family and KRFC is that Policy DSNEW 4 is sound and consistent with national planning policy in allocating land for a change of use in the Green Belt for the provision for outdoor sport.

2. There is a substantial requirement for the provision of enhanced sporting facilities to meet the needs of KRFC, as has been demonstrated in the past submissions to the LPA within the emerging local plan process. These enhancements are sought now, and are increased by the proposals for an enlarged resident population within Kenilworth. The allocations in the Local Plan effectively establish the principle of a change of use of land in the Green Belt for the purposes of providing an opportunity for the enhancement and potential relocation of sports pitches, on land that is primarily allocated for residential development to meet the wider public interest. Properly, the provision of 'appropriate facilities' is a matter that can be addressed within the development management function, pursuant to national planning policy set out in the Framework (89).

See attached

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