Other

ID sylw: 108619

Derbyniwyd: 07/03/2025

Ymatebydd: Kiely Bros Holdings Ltd

Asiant : Pegasus Group

Draft Policy A – Providing the Right Size of Homes
5.8.
The policy states that new residential development must comply with the Nationally Described Space Standards (NDSS). Footnote 51 of the NPPF is clear that planning policies should only refer to NDSS where the need for this can be justified. The justification within the supporting text is unconvincing. No evidence is provided to demonstrate that the size of new homes is diminishing, as alleged, and only two appeal decisions have been considered; indeed, the Councils acknowledge that further research and analysis is required, as well as viability testing, which will be essential to ensure that the plan is effective. A
n additional reason to require NDSS compliance offered by the Councils is that Homes England wish for NDSS to be met in grant funded schemes. However, the Homes England Capital Funding Guide does not require this, and 85% of NDSS is generally accepted as the benchmark for grant-led affordable homes. Therefore, at present, the required robust justification for a NDSS policy is lacking, and therefore the draft policy is unsound on this basis.
5.9.
If the use of NDSS is subsequently justified and pursued, the policy should be sufficiently flexible to recognise that well-designed house types, which fall slightly below NDSS, will be acceptable, particularly on sites where the majority of the dwellings comply. The policy should also make provision for additional flexibility in relation to affordable housing as many registered providers have their own requirements.
5.10.
The draft policy also states that homes should be provided to M4(2) and M4(3) standards. This aspect of the policy must be based on evidence to be justified. Footnote 51 of the NPPF allows for these optional technical standards for accessible and adaptable housing to be introduced through planning policy ‘where this would address an identified need for such properties’. The HEDNA does provide some support for this, with the study ultimately recommending that all dwellings should meet M4(2) standards and 10% should meet M4(3). However, as discussed elsewhere in these representations, the HEDNA is now out-of-date, and a refreshed study should be produced to determine whether there is a need for M4(2) and M4(3) properties to justify a policy relating to accessible and adaptable dwellings.
5.11.
Notwithstanding, it is unnecessary to include an M4(2) and/or M4(3) requirement in the SWLP Part 1. The Building Regulations 2010 'Access to and use of buildings' Approved document Part M already provides specific requirements for M4(2) dwellings in relation to Accessible and Adaptable Homes and M4(3)/M4 (3)(2)(a) dwellings in relation to Wheelchair Adaptable Homes housing. It is not necessary for this to be repeated in a development plan policy, also because developers are already aware they need to deliver to this standard. Therefore, it is suggested that reference to accessible living standards can be deleted from the draft policy.

Other

ID sylw: 108620

Derbyniwyd: 07/03/2025

Ymatebydd: Kiely Bros Holdings Ltd

Asiant : Pegasus Group

Draft Policy B – Providing Custom and Self-Building Housing Plots
5.12.
As set out in the PPG (Paragraph: 016 Reference ID: 57-016- 20210208), The Self-build and Custom Housebuilding Act 2015 (as amended by the Housing and Planning Act 2016) sets out the legal definition of self-build and custom housebuilding, and also sets out the requirement for each relevant authority to keep a register and publicise the register.
Furthermore, self-build or custom build will help diversify the housing market, as per PPG §16a Reference ID: 57-016a-20210208.
5.13.
With regards to demand for self-build, Stratford’s Self Build & Custom Housebuilding Register had 345 people on it as of 31st March 2024. Warwick’s Register had 95 people on it as of 2019, which is the latest published position. Table 13.1 of the HEDNA identifies that serviced plot demand for self-build dwellings is 63 plots per annum. Evidence thus exists, though it needs to be refreshed, to suggest that there is a need for custom and self-build plots within South Warwickshire, and as such a policy relating to the delivery of such plots would be justified and supported in principle.
5.14.
The policy states that 5% of the developable area of a site must be made available for custom and self-build on schemes comprising 100 dwellings or more. It is considered that this should be amended to provide flexibility; self-build plots should be delivered in line with the identified need, and provision will be made elsewhere, as noted in the policy, on allocated self-build sites, and windfall sites too. It is important to note that other types of housing need must equally be met within South Warwickshire, and areas of sites should not be sterilised and prevented from delivering other forms of housing which will contribute towards meeting a different need, in a location which may be more appropriate for this than for self-build, or for which there may be a greater demand. Reference could be made to a trigger for the release of self-build plots if there is no demand for these. Whilst the delivery of self-build plots as part of larger schemes should be encouraged, providing that evidence underpins this, it should not be a fixed requirement.

Other

ID sylw: 108621

Derbyniwyd: 07/03/2025

Ymatebydd: Kiely Bros Holdings Ltd

Asiant : Pegasus Group

Policy Direction 11 – Meeting the Accommodation Needs of Gypsies, Travellers, Travelling Show people, and Boat Dwellers
5.15.
The Gypsy, Traveller, Travelling Show people and Boat Dwellers Accommodation Assessment (August 2024) identifies a need of between 74 - 89 new permanent Gypsy and Traveller pitches over the plan period. This policy direction suggests that pitches and plots for gypsies and travellers will need to be provided as part of schemes of 500 dwellings or more. The Councils should not rely on potential developments which may or may not come forward to meet the need for pitches – it is imperative for the South Warwickshire Councils to identify the way in which this need will be met, with sufficient deliverable and developable gypsy and traveller sites in the pipeline, as stipulated by the Government’s Planning Policy for Traveller Sites
(updated December 2024). The identification of specific sites for pitches, such as the Croft Farm Site site, would be supported.
5.16.
In addition, as part of large-scale residential schemes, it is important to highlight that the site in question may not be an appropriate or desirable location for a traveller site. As such, if the Councils were to seek to retain this within the policy, some flexibility should be provided, rather than this serving as a blanket requirement. Any schemes which are to accommodate pitches would need to be carefully designed to cater for the needs of both settled and travelling occupiers, with amenity considerations taken into account. Kiely are content that, notwithstanding the need to create a more flexible policy, the Croft Farm Site itself, is of a scale and nature, that this aspect of need, could be accommodated within their site.

Yes

ID sylw: 108622

Derbyniwyd: 07/03/2025

Ymatebydd: Kiely Bros Holdings Ltd

Asiant : Pegasus Group

Draft Policy F – Decentralised Energy Systems
6.1.
NPPF §165(c) states that plans should identify opportunities for development to draw its energy supply from decentralised energy supply systems, and this is what the draft policy seeks to achieve. The fact that it does not make this obligatory and is simply encouraging of the use and development of such systems, with regard given to viability considerations, is supported, as it means that the policy will not risk undermining the effectiveness and deliverability of the plan, where it is not possible for a scheme to comply with this.
6.2.
The draft policy states that developments will be required to demonstrate a ‘thermal master planning approach’ to maximise energy efficiency opportunities. Clarity should be provided as to what this means for developers, and there should be a clear justification for including this within the policy.
6.3.
The draft policy will require an Energy Statement to be submitted as part of a planning application. It is acknowledged that there is support for this requirement within the evidence base, with the Climate Evidence on Renewables and Decentralised Energy Opportunities (May 2024) report recommending this. The building performance standards which Energy Statements will need to demonstrate are met should not exceed the requirements of the national Building Regulations.

Other

ID sylw: 108623

Derbyniwyd: 07/03/2025

Ymatebydd: Kiely Bros Holdings Ltd

Asiant : Pegasus Group

Policy Direction 22 – Net Zero Carbon Buildings
6.4.
This policy stipulates that new buildings should be designed and built to be net zero, which exceeds the requirements in the Building Regulations. The Government’s response to the Future Homes Standard (FHS) consultation in 2023 stated that any policy should not be prescriptive on methodology and technology and that until there is an upgrade to the grid, developers only need to demonstrate dwellings are zero carbon enabled. The written ministerial statement, dated 13th December 2023, states:
“The improvement in standards already in force, alongside the ones which are due in 2025, demonstrates the Government’s commitment to ensuring new properties have a much lower impact on the environment in the future. In this context, the Government does not expect makers to set local energy efficiency standards for buildings that go beyond current or planned buildings regulations. The proliferation of multiple, local standards by local authority area can add further costs to building new homes by adding complexity and undermining economies of scale. Any planning policies that propose local energy efficiency standards for buildings that go beyond current or planned buildings regulation should be rejected at examination if they do not have a well-reasoned and robustly costed rationale that ensures:
a)
That development remains viable, and the impact on housing supply and affordability is considered in accordance with the National Planning Policy Framework.
b)
The additional requirement is expressed as a percentage uplift of a dwelling’s Target Emissions Rate (TER) calculated using a specified version of the Standard Assessment Procedure (SAP).” (emphasis added)
6.5.
Therefore, the Government do not expect plan-makers to set local efficiency standards for buildings that go beyond current or planned Building Regulations, and nor do existing standards have to be duplicated in planning policies. Crucially, here, the Councils do not have a well-reasoned and robustly costed rationale to justify a sound policy, with no viability assessment having been undertaken, and until then, this policy is unsound. It is important to note that onerous energy efficiency requirements can severely undermine the viability of developments; this must be avoided to ensure that the plan is effective and deliverable, and this should have been acknowledged in the SA.
6.6.
The industry is moving towards zero-carbon ready housing as standard, and it is imperative for transitional arrangements to be in place to ensure that this can be done smoothly. Taking account of these significant changes, the plan must ensure that it does not place onerous requirements on development which may jeopardise delivery in the short-term. It is also important to note that the achievement of net zero is unlikely to be feasible for all developments. This is particularly the case in urban brownfield developments. The policy should accordingly be flexible/deferential to changes in national standards.
6.7.
Self-evidently, the stepped change to zero carbon under the programmed future Building Regulation changes gives developers certainty and allows the industry to develop solutions collaboratively. Following this standard allows the industry to benefit from the cost efficiencies and certainty associated with the delivery of mass-produced proprietary products, which will better address viability and delivery of development to meet the
Council’s planned housing trajectory.
6.8.
In the supporting text, the Councils suggest that relying on Building Regulations alone will be insufficient to achieve net zero by 2050, for instance as embodied carbon is not currently considered, nor unregulated energy consumption. Thus, a policy exceeding the Building Regulations in the SWLP Part 1 is allegedly required to ensure this legally binding target can be met. However, the Building Regulations can be updated to address this; the Building Regulations are under continuous review, with updates to Parts L and F and the addition of Parts O and S in 2022, and the new Future Building Standards coming into force in 2025. It is also noted that a proposed Part Z will cover embodied carbon, thus work to ensure this is addressed within the Building Regulations is already underway. As highlighted above, a stepped change is required - the Government are acutely aware of the need to meet net zero, and the Building Regulations will continue to evolve when appropriate to ensure that this is the case.
6.9.
In light of the above, it is considered that a policy should not be prepared with regards to net zero buildings. This matter is suitably covered by the Building Regulations, the content of which do not need to be duplicated in planning policies, and the Ministerial Statement from December 2023 is clear that plan-makers are not expected to set any efficiency standards which go beyond current or planned Building Regulations; a stepped approach is required. Furthermore, there is no evidence that such a policy would allow developments to remain viable, and there is a possibility that this would affect the effectiveness and delivery of the plan. At the present time, such a policy is not justified and unsound, and would thus need to be rejected at examination, in line with the Ministerial Statement.

Other

ID sylw: 108624

Derbyniwyd: 07/03/2025

Ymatebydd: Kiely Bros Holdings Ltd

Asiant : Pegasus Group

Policy Direction 24 – Embodied Carbon
6.10.
As referenced above in relation to Policy Direction 22, it is already proposed to address embodied carbon in the Building Regulations within a new Part Z. The Government’s Building to Net Zero: Costing Carbon in Construction (May 2022) report recommends that embodied carbon and whole-life carbon assessments for buildings are established in the Building Regulations. Local Authorities are only encouraged to include such a requirement within Local Plans – the fact that this is not advised to be mandatory confirms that allowing Building Regulations alone to cover this is sufficient. In any event, viability will be an important consideration. The fact that this is addressed within the policy direction, in allowing applicants to submit a justification where achieving embodied carbon targets is unviable, is
supported.

Other

ID sylw: 108625

Derbyniwyd: 07/03/2025

Ymatebydd: Kiely Bros Holdings Ltd

Asiant : Pegasus Group

Draft Policy G – Climate Resilient Design
6.11.
Again, these matters are already covered by the Building Regulations, and as such do not need to be addressed in a policy which goes beyond these. The Building Regulations will apply, and developers will need to adhere to these, securing climate resilient design with or without a development plan policy on this.
6.12.
It is noted that the policy seeks to introduce a climate change checklist for South Warwickshire, which will need to be completed and submitted as part of planning applications. Further details should be provided on what this checklist covers, whether in the policy or within the supporting text. In addition, there should be a clear justification for referencing this within the policy, and the requirements which will need to be met. The checklist must not place onerous requirements on developers which exceed the requirements of the Building Regulations.

Other

ID sylw: 108626

Derbyniwyd: 07/03/2025

Ymatebydd: Kiely Bros Holdings Ltd

Asiant : Pegasus Group

Draft Policy H – Water Efficiency
6.13.
The proposed water efficiency standard of 100 litres per person per day notably exceeds that in the Building Regulations (125 litres per day, with the option for authorities to reduce it to 110 litres per day). It is acknowledged that the evidence base, namely the Coventry and Warwickshire Sub-Regional Water Cycle Study (August 2024), recommends a planning policy to require a water efficiency target of 100 litres per day to be achieved using a fittings-based approach, due to evidence of pressures on the environment, and on public water supply. If considered necessary, the policy should additionally be subject to viability testing as part of the Local Plan review.

Yes

ID sylw: 108627

Derbyniwyd: 07/03/2025

Ymatebydd: Kiely Bros Holdings Ltd

Asiant : Pegasus Group

Draft Policy I – Water Supply and Wastewater Infrastructure
6.14.
The policy is broadly supported, with it being underpinned and justified by the evidence and recommendations in the Coventry and Warwickshire Sub-Regional Water Cycle Study (August 2024).

No

ID sylw: 108628

Derbyniwyd: 07/03/2025

Ymatebydd: Kiely Bros Holdings Ltd

Asiant : Pegasus Group

Draft Policy J – Reducing Flood Risk
6.15.
This policy simply replicates that of NPPF and PPG and is not necessary.