Publication (Regulation 19)

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7 Enhancing the Built and Natural Environment of South Warwickshire Comment

7.1 Natural Environment

Policies within this section contribute to achieving the following Strategic Objectives:

SO4. Making effective use of land and natural resources

SO6. Creating attractive places and spaces

SO7. Protecting and enhancing our heritage and cultural assets

SO8. Improving the quality of life of our communities

SO10. Protecting and enhancing our environmental assets and working towards environmental net gain

7.1.1 A healthy natural environment is of vital importance to people, places, the economy and nature itself. It provides important services such as food, fresh water, clean air, climate stabilisation and resilience, flood control, recreation, tourism and much more. South Warwickshire is experiencing concerning declines across a number of key habitats and species and there is a significant need to halt and reverse these declines for the future prosperity of South Warwickshire. This means that development delivered through the SWLP must not be done at the expense of the natural environment. Instead, opportunities will be identified to protect and enhance existing ecological assets as well as including proposals within the Plan for country parks and biodiversity enhancement areas.

7.1.2 The following section outlines how specially protected sites, habitats and species will be safeguarded against future development; how the Local Nature Recovery Strategy will be used to influence the creation of new habitats, increasing connectivity; how Biodiversity Net Gain will be used as a tool to deliver the biodiversity ambitions of Stratford-on-Avon District Council and Warwick District Council; how the existing network of trees, hedges and woodlands will be protected and enhanced, improving the availability of green corridors for species; the particulars of Landscape management and maintenance plans; and the approach to protecting our Best and Most Versatile Agricultural land.

Policy BN.1 (Non-Strategic Policy) Comment

Protection of Sites, Habitats and Species 

A. Protecting irreplaceable Natural Assets

Sites habitats and species form a vital role for biodiversity in the wider GBI network. Development will be expected to enhance, restore and support protected and important sites, habitats or species whether located within or adjacent to the development site, with consideration given to recreational pressures.

Development will not be permitted where it would result in unacceptable harm to protected and important sites, habitats or species, whether located within or adjacent to the development site, particularly where such harm cannot be avoided or adequately mitigated.

B. Protection Hierarchy

1. International, National and Irreplaceable Sites

Development will be refused where it would result in the loss or deterioration of:

  1. internationally designated sites (Special Areas of Conservation, Special Protection Areas and Ramsar sites);
  2. Sites of Special Scientific Interest (SSSIs); or
  3. irreplaceable habitats, including ancient woodland and ancient or veteran trees or hedgerows.

This policy also applies to sites that are formally proposed, identified, or in the process of designation as international or national sites, or as irreplaceable habitats.

2. Locally important sites

Locally important biodiversity and geodiversity assets will be protected from loss or deterioration, including:

  1. Local Nature Reserves;
  2. Local Wildlife Sites;
  3. Local Geological Sites and sites of geological or geomorphological importance;
  4. Priority habitats and priority species[22]; and
  5. other sites identified as making a positive contribution to biodiversity or geodiversity, particularly those identified in the Local Nature Recovery Strategy (LNRS).

This policy also applies to sites that are formally proposed, identified, or in the process of designation as locally important sites, for example potential Local Wildlife Sites.

3. Other Important Sites and Species

Additional to those sites, habitats and species covered above, developments will be expected to support the conservation of other species and habitats of importance included in the Warwickshire LNRS, Warwickshire Local Biodiversity Action Plans and Nature Improvement Area citations.

C. Wildlife Buffers

Development must provide suitable wildlife buffers to protect locally important habitats and species and avoid indirect harm during construction and operation. Buffers must be informed by site-specific ecological evidence and be sufficient to protect the function and integrity of the habitat.

As a precautionary minimum, and unless robust evidence demonstrates otherwise, the following buffers will be expected, measured from the edge of the relevant habitat or feature:

  • 50 metres to ancient woodland, ancient trees and veteran trees;
  • 30 metres to other woodland;
  • 8 metres either side of watercourses and wetland features;
  • 5 metres either side of intact hedgerows.

Larger buffers may be required where justified. Development that cannot accommodate an appropriate buffer and would result in unacceptable harm will not be permitted.

D. Ecological Surveys

Applications that have a significant likelihood of affecting protected sites, habitats or species must be supported by proportionate, up-to-date ecological surveys, undertaken at appropriate times of year using industry recognised methodologies and carried out by a competent person or persons, sufficient to adequately inform the assessment of any direct or indirect impacts, mitigation and compensation. 

E. Exceptional circumstances and compensation

Where there is a demonstrable and overriding public interest and where permitted under relevant legislation and national policy, development may be considered. In such cases, any unavoidable impacts must be fully mitigated and, where necessary, compensated in accordance with Policy DS.1.

Policy Justification

7.1.3 Protected sites and habitats form the core of South Warwickshire’s ecological network and are fundamental to nature recovery, ecosystem services and landscape character. These assets are finite and, in some cases, irreplaceable. Compensation cannot replace the requirement to retain irreplaceable habitats in situ.

7.1.3 Nationally, it is widely noted that nature is in decline. The 2023 State of Nature Report indicates that 1 in 6 species are at risk of extinction within Britain, and UK species have declined on average by 19% since 1970. Within South Warwickshire evidence indicates that our natural assets are also under threat, and as such it is important to ensure we protect existing natural assets. The NPPF is clear that planning policies and decisions should conserve and enhance the natural environment.

7.1.4 This policy provides the highest level of protection for internationally and nationally designated and protected sites and species and offers relevant and proportional protection to locally important sites, habitats and species. Other policies in this chapter promote enhancement and net gain, but these objectives must not dilute or override the strict protections set out here.

7.1.5 Where development is acceptable in principle, proposals must also comply with the Biodiversity Net Gain, Environmental Net Gain and LNRS policies to ensure that impacts are appropriately addressed and opportunities for enhancement are realised without compromising protected assets.

7.1.6 Ecological surveys and subsequent supporting information are to adhere to the Defra Biodiversity and geological conservation: circular 06/2005 and expected to follow the British Standard 42020: Biodiversity - Code of practice for planning and development.

Policy BN.2 (Non-Strategic Policy) Comment

Local Nature Recovery Strategies 

Development proposals must demonstrate how they have had regard to the Warwickshire Local Nature Recovery Strategy (LNRS), including its overarching themes, priorities, measures, spatial opportunities and Local Habitat Map.

Development should support the delivery of the LNRS by:

  1. maintaining, restoring or creating habitats identified in the LNRS;
  2. strengthening ecological networks and improving habitat connectivity; and
  3. supporting the recovery of species prioritised in the LNRS.

Where development includes biodiversity or wider environmental enhancement measures, these should align with LNRS priorities and opportunity areas.

Policy Justification

7.1.7 The Environment Act 2021 introduced Local Nature Recovery Strategies (LNRS) to provide a statutory, evidence-based framework for restoring nature across England and support the delivery of the national Environmental Improvement Plan. The Warwickshire LNRS, prepared by Warwickshire County Council as the Responsible Authority, identifies existing habitats, biodiversity priorities, and the most effective locations for habitat creation, enhancement and restoration.

7.1.8 The LNRS is not a planning designation and does not introduce new development constraints. Instead, it provides a spatial framework to guide where nature recovery actions will deliver the greatest benefits, including strengthening ecological networks, restoring degraded habitats, and supporting priority species. Under current legislation, local authorities must ‘have regard’ to the Warwickshire LNRS. Proposed changes in the Levelling-Up and Regeneration Act 2023 will strengthen this duty, requiring authorities to ‘take account’ of the LNRS. Further guidance from DEFRA is expected once the requirement is enacted. Where the LNRS is updated during the plan period, the most up-to-date version will be used in decision-making. The policy requests developers and decision-makers to demonstrate that proposals have had regard to the LNRS. This can be demonstrated in the following ways:

  • Designing green and blue infrastructure, nature-based solutions, or ecological enhancements that align with LNRS priorities and measures;
  • Aligning Biodiversity Net Gain proposals with LNRS strategic priorities and opportunity areas;
  • Offsetting environmental impacts using measures identified within the LNRS; and
  • Using spatial data (such as Areas of Particular Importance for Biodiversity (APIB) and Areas that Could become of particular importance for Biodiversity (ACB) layers) to inform site layout, landscape design, and ecological interventions.

7.1.9 The Warwickshire LNRS should be considered alongside other local and regional plans to guide strategic land use planning. It helps identify site-based and landscape-scale opportunities for nature recovery. Developers are encouraged to use these opportunities when designing proposals, including for Biodiversity Net Gain, to maximise ecological, social, and climate benefits.

7.1.10 Special consideration will be given to habitats and species predominately found in South Warwickshire, such as calcareous grassland, Eurasian curlews, and lesser horseshoe bats, ensuring that development contributes positively to local nature recovery priorities.

Policy BN.3 (Non-Strategic Policy) Comment

Biodiversity 

Development must protect biodiversity and contribute to its recovery. All development should seek to deliver a net gain in biodiversity, proportionate to the scale, nature and ecological value of the site.

A. Requirements

All proposals must:

  1. Apply the mitigation hierarchy in accordance with Policy DS.1
  1. Deliver measurable biodiversity enhancements that improve habitat quality, connectivity and ecological resilience, supporting Warwickshire’s Local Nature Recovery Strategy (LNRS) and the wider GBI network;
  2. Secure long-term management and maintenance of biodiversity assets and enhancements, proportionate to the development and ecological outcomes proposed.

Where biodiversity has been deliberately degraded prior to submission, the Council will assess the site based on its original condition, consistent with national BNG policy.

B. Biodiversity Net Gain (BNG) Targets

Development subject to mandatory Biodiversity Net Gain (BNG) must deliver a minimum of 10% BNG .

BNG should be delivered on-site as a priority. Where this is not feasible, off-site provision must be guided by the spatial hierarchy and local priorities set out in the Warwickshire, Coventry and Solihull Ecosystem Services Trading Protocol (or successor documents).

Proposals must apply Policy DS.1 where residual impacts remain or off-site measures are required.

Biodiversity gains must be secured and managed for a minimum of 30 years.

Policy Justification

7.1.11 This policy applies to all development, not only proposals that trigger statutory Biodiversity Net Gain (BNG) requirements. It reflects national policy in the National Planning Policy Framework which requires development to protect and enhance the natural environment and to provide measurable gains for biodiversity. Statutory BNG requirements introduced through the Environment Act 2021 underpin this approach. Even small-scale or low-impact development can contribute to long-term biodiversity enhancement and ecological connectivity.

7.1.12 BNG is implemented through the planning system under the Town and Country Planning Act 1990 (as amended) and proposals must comply with relevant legislation and associated statutory guidance. It is however acknowledged that there may be scheme specific viability challenges, which would be material to a decision on a particular proposal.

7.1.13 A lower requirement for brownfield sites reflects viability constraints and the need to support the effective reuse of previously developed land, while still securing appropriate biodiversity enhancements.

7.1.14 Applicants should assess and apply BNG using recognised methodologies, such as British Standard 8683:2021, or equivalent, ensuring that proposals are proportionate to the scale, nature, and ecological value of the site.

7.1.15 BNG ensures that habitats are left in a measurably better state than before development, providing additional benefits beyond baseline protections. It supports ecological resilience, improved habitat connectivity and priority species, contributing to Warwickshire’s Local Nature Recovery Strategy (LNRS).

Policy BN.4 (Non-Strategic Policy) Comment

Trees, Hedges and Woodlands 

Development must protect, enhance and expand trees, hedgerows woodlands, and community orchards as integral components of South Warwickshire’s natural environment, landscape character, and green and blue infrastructure.

A. Requirements

Development proposals must:

  1. Protect and retain existing trees, hedgerows and woodland and orchards of ecological, landscape, historic or amenity value, including, but not limited to:
    1. ancient woodland, ancient trees and veteran trees;
    2. trees subject to Tree Preservation Orders (TPOs);
    3. species-rich, ancient or important hedgerows; and
    4. woodland, groups of trees and individual trees that contribute to ecological networks, green and blue infrastructure or local character.
  2. Ensure buffer zones are maintained around ancient woodland, ancient and veteran trees, and other irreplaceable habitats in accordance with relevant guidance to avoid direct or indirect harm.
  3. Integrate retained trees, hedgerows and woodland into site layout and design, ensuring they shape streets, open spaces, SuDS, and green and blue infrastructure corridors, and perform functional benefits within the development such as shading, cooling, flood mitigation, SuDS integration, and placemaking.
  4. Deliver a measurable increase in tree canopy cover in line with Policy ID.13, prioritising on-site measures that improve habitat quality, ecological connectivity and long-term ecological resilience
  5. Support Local Nature Recovery Strategy (LNRS) priorities, ecological connectivity, and wider green and blue infrastructure networks.
  6. Secure the long-term management and maintenance of trees, hedgerows and woodlands, proportionate to the development and ecological outcomes proposed.

B. Landscaping and Planting

All planting must:

  1. Use native and climate-resilient species, appropriate to their location and intended function, support structural and species diversity, and contribute to ecological networks;
  2. Be protected during construction and have appropriate establishment arrangements and maintenance plans, including replacement of failed planting where necessary, to ensure their health, function and contribution to biodiversity and ecosystem services over the lifetime of the development.
Policy Justification

7.1.16 Trees, hedgerows, and woodlands are important for South Warwickshire. They support wildlife, provide habitats and corridors for species, store carbon, reduce flooding, improve air quality, cool local areas, and make our landscapes and communities more attractive and healthy. They are also key parts of the area’s green and blue infrastructure.

7.1.17 This policy reflects national planning rules, including the National Planning Policy Framework (NPPF), which protects irreplaceable habitats and encourages planning for biodiversity and green infrastructure. It also supports local strategies like the Local Nature Recovery Strategy (LNRS) and Environmental Net Gain (ENG), helping to improve and expand natural spaces in the district.

7.1.18 Tree cover is uneven across South Warwickshire, with some areas having few trees. This can increase heat, reduce air quality, and limit access to green space. Hedgerows, woodland edges, and mature trees are vital for connecting habitats and helping wildlife move safely. The policy prioritises keeping existing trees and hedgerows, enhancing them, and planting new trees and hedgerows to increase canopy cover, strengthen ecological networks, and deliver measurable environmental improvements.

7.1.19 Trees, hedgerows, and woodlands should be considered from the start of development design. They should shape streets, open spaces, and drainage features, not just be left as leftover areas. Properly designed planting can provide shade, reduce flooding, support biodiversity, and contribute to the character and feel of the area. Long-term care and management are essential to make sure benefits last.

7.1.20 The policy follows the “mitigation hierarchy”: avoid harm first, reduce impacts where possible, and replace lost trees if needed. New planting is expected not just to replace losses, but to achieve net gain in tree canopy cover, biodiversity, and ecosystem services. Off-site planting may be considered only when on-site improvements are not possible and must support LNRS priorities. Irreplaceable trees, hedgerows, and woodland must always be protected.

7.1.21 Development must follow recognised guidance to protect trees and woodlands. This includes BS 5837 for tree protection, BS 8545 for planting new trees, UK Forestry Standards (UKFS), and advice from the Arboricultural Association, Woodland Trust, Ancient Tree Forum, and Hedgelink. Following this guidance helps ensure trees, hedgerows, and woodlands continue to provide benefits for people, wildlife, and the environment.

Policy BN.5 (Non-Strategic Policy) Comment

Landscape Management and Maintenance 

Where landscape mitigation, restoration or habitat creation is proposed, a Landscape and Environmental Management Plan (LEMP) must be submitted and secured through planning conditions or legal agreement for a minimum period of 30 year or the full duration of the development whichever is longer.

The LEMP must:

  1. Set out clear management objectives aligned with the intended landscape character, habitat outcomes and biodiversity net gain requirements
  2. include baseline surveys of existing landscape and ecological features to inform management objectives and prescription
  3. Provide detailed specifications for all soft and hard landscape elements including planting, hedgerows, ponds, woodlands, grasslands, boundary
  4. treatment, paths, lighting, habitats, play areas, MUGAs, street furniture and any other feature within the landscaped area
  5. Identify the responsible management body, funding mechanism, and any arrangements for transfer of responsibility during the plan period, using a tiered approach to adoption. Management responsibility will first be offered to the relevant Town or Parish Council and if they decline, responsibility will be explored by the relevant Local Authority. Adoption by the Parish or Town Council or the Local Authority will be the preferred and expected outcome, together with a 30-year commuted maintenance sum.
  6. Include measures for establishment, ongoing management, monitoring, adaptive management, and the control of invasive species, with measurable performance indicators and scheduled review periods.
  7. Set out arrangements for litter and waste management, public access, safety and measures to deter vandalism and anti-social behaviour.
  8. Include measures to control lighting to protect dark skies and rural character.
  9. Demonstrate how the management regime will maintain openness, rural character and landscape quality and prevent incremental erosion of these qualities over time.
Policy Justification

7.1.22 Long-term landscape management is critical to securing lasting environmental benefits particularly where biodiversity net gain habitat creation structural planting or landscape restoration is proposed. A minimum 30-year management period aligns with national biodiversity legislation and ensures that enhancements are sustained monitored and adaptively managed over time.

Policy BN.6 (Non-Strategic Policy) Comment

Agricultural Land and Soils 

Development must protect, manage, and make efficient use of agricultural land and soils.

A. Best and Most Versatile Agricultural Land

Development proposals should:

  1. Protect the best and most versatile (BMV) agricultural land (Grades 1, 2, and 3a), avoiding permanent loss wherever possible.
  2. Prioritise lower-grade agricultural land (Grades 3b, 4, and 5) for development, particularly for non-food crops, renewable energy, or multifunctional land uses, where feasible.

Development should only be considered on BMV land where:

  1. There is no suitable alternative on lower-grade land; and
  2. The benefits of the development clearly outweigh the long-term value of the land for food production, climate resilience, and ecosystem services.

B. Land and Soils

Development proposals should manage soils sustainably, including:

  1. Retention, protection, and reuse of topsoil during construction;
  2. Avoidance of soil compaction, erosion, contamination, or degradation; and
  3. Restoration of soils to a condition that allows continued productive use or supports biodiversity, Green and Blue Infrastructure, carbon sequestration, and water management objectives.

Development proposals of 5ha or more should be accompanied by a sustainable soil management strategy in line with Defra’s Construction Code of Practice for the Sustainable Use of Soils on Construction Sites, or any superseding guidance.

Policy Justification

7.1.23 Agricultural land is a finite resource that supports food security, rural economies, and climate resilience. The best and most versatile agricultural land (Grades 1–3a) is especially valuable and should be protected from unnecessary development, in line with the NPPF.

7.1.24 Sustainable soil management is essential to maintain productivity, biodiversity, carbon storage, and water regulation. Development can result in soil loss or degradation, so measures should be taken to avoid, minimise, or mitigate impacts. Where soils are disturbed, they should be restored to a condition suitable for continued agricultural use, carbon sequestration, or ecological enhancement.

7.1.25 Lower-grade agricultural land may be considered for development where this does not undermine broader sustainability objectives. This approach ensures that food production, carbon storage, ecosystem services, and biodiversity are protected alongside the delivery of new development.

7.2 Healthy Environment

Policies within this section contribute to achieving the following Strategic Objectives:

SO4. Making effective use of land and natural resources

SO6. Creating attractive places and spaces

SO8. Improving the quality of life of our communities

7.2.1 A healthy environment refers to the integration of health and wellbeing into spatial planning. It helps to shape the built and natural environment by reducing the health inequalities, promoting active lifestyle and ensuring that people have access to safe and sustainable homes, good quality open space and clean air. Councils recognise the important role spatial planning can play in creating healthy, safe and inclusive communities.

7.2.2 The Plan aims to tackle health inequalities, and other health challenges such as obesity and poor mental health through incorporating various measures including active travel, provision of adequate green and blue infrastructure, safe and healthy homes and Health Impact Assessments (HIAs).

Policy BN.7 (Non-Strategic Policy) Comment

Health Impact Assessments 

Proposals that reduce health inequalities and create an environment that promotes heathy communities, improve the physical, mental and social health and wellbeing of all residents including children, elderly and vulnerable people will be supported, including those that consider the role of GBI, access to open spaces, greenspaces and active travel.

A. Health Impact Assessments (HIA)

The following developments are required to provide a Health Impact Assessment (HIA) as a part of the planning application:

  1. Residential developments of 10 or more homes, or the site area of 0.5 hectares or more;
  2. Non residential developments providing 1000m2 floorspace or more or a site area of 1 hectare or more;
  3. Hot food takeaways/hot food outlets within 400m (as the crow flies) of primary and secondary schools and places where young people gather such as parks, community centres etc.
  4. Betting shops

B. Preventing Negative Impacts

Developments which have significant negative impact on health and wellbeing will not be supported where the applicant fails to provide mitigation or compensation. Developments which would result in loss of any of the following uses:

  • Educational facilities
  • Health and social care facilities
  • Leisure and community facilities
  • Publicly accessible open space

BN.7 ~ Development Management Considerations

Significant negative impact can be measured in relation to the development and/or its location.

Policy Justification

7.2.3 The Health and Social Care Act 2012 places a duty upon local authorities to take such steps as it considers appropriate for improving the health of the people in its area. WCC is a public Health Authority for the SWLP plan area.

7.2.4 The National Planning Policy Guidance (NPPG) references HIA as a useful planning tool stating that ‘the impacts of major development proposals on the health and wellbeing of communities should be considered, for example through the use of Health Impact Assessments (HIA)’.

“Health is a state of complete physical, mental and social wellbeing and not merely the absence of disease or infirmity.” (WHO, 1948)

The W H O also state that:

“The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition.” (WHO, 1948).

7.2.5 Health inequalities are defined as “avoidable, unfair and systematic differences in health between different groups of people.” (The King’s Fund, 2022).

7.2.6 As per the Office for National Statistics (ONS) life expectancy for a male in Warwick between 2021-2023 was 79.91 years, for Stratford it was 81.19 years. This was slightly higher than England figure of 79.11 years. The equivalent figure for females was 83.70 years for Warwick, 84.91 years for Stratford which is slightly higher than a figure of 83.05 years for England.

7.2.7 Population projections produced by the Office for National Statistics and locally produced population forecasts produced for the Local Plan both suggest that the number of people aged 65 years and over will continue to increase, with those aged 85 years and over likely to increase at the fastest rate. This is partly due to increased longevity but is also a consequence of the age structure of the population and in particular the ageing of the large number of people born during the post-World War 2.

7.2.8 The Stratford-on-Avon District Council Plan 2023-2027 has health and wellbeing as one its key areas and states that “health and wellbeing will be at the heart of the decisions we make”. The Warwick District Council Corporate Strategy 2030 includes “creating vibrant, safe and healthy community of the future” in its top 3 priorities.

7.2.9 The SWLP authorities are liaising with Warwickshire Public Health in using the London Healthy Urban Development Unit (HUDU) in assessing HIA applications. https://assets.publishing.service.gov.uk/media/5a7c0c6eed915d01ba1cacfe/dh_120106.pdf

Policy BN.8 (Non-Strategic Policy) Comment

Pollution and Environmental Quality 

Development must not cause unacceptable pollution or environmental harm to human health, amenity, or the natural environment. All development must apply the mitigation hierarchy to avoid, minimise, and mitigate pollution from:

  • Air, water and soil contamination;
  • Noise, vibration and odour;
  • Artificial light; and
  • Other harmful emissions or discharges

A. Mitigation Hierarchy

Where harm cannot be fully avoided or mitigated, development may only be permitted if:

  1. Residual harm is compensated or offset through measurable environmental improvements, habitat creation or enhancement, or the delivery of environmental or biodiversity net gain in line with DS1 Environmental Mitigation and Compensation;
  2. Measures are secured, monitored, and managed long-term, proportionate to the impact.
  3. Development does not contribute to unacceptable cumulative or in-combination pollution impacts when considered alongside existing or planned development.

B. Pollution Sensitive Development

Development sensitive to pollution (including housing, schools, hospitals, care homes, parks and recreational spaces) will only be permitted where:

  • it would not result in unacceptable harm to human health or quality of life due to existing or historic land uses; and
  • adequate avoidance, mitigation, or compensation measures can be implemented.
Policy Justification

7.2.10 Pollution can have significant impacts on human health, quality of life, and the natural environment. Planning decisions should prevent unacceptable harm while supporting environmental improvement and sustainable development. Page 7 The NPPF emphasises that planning policies and decisions should contribute to, and enhance, the natural environment by:

  • Preventing new and existing development from contributing to, or being adversely affected by, unacceptable levels of soil, air, water, noise, or light pollution;
  • Ensuring development complies with national pollution limits and standards; and
  • Taking account of local air quality management arrangements, including Air Quality Management Areas and Clean Air Zones.

7.2.11 Where development has the potential to generate pollution or is sensitive to existing sources, developers are expected to assess likely impacts and demonstrate how they will be addressed. This may include measures to avoid or minimise pollution, manage residual risks, and, where harm cannot be fully avoided or mitigated, provide compensatory actions or deliver wider environmental benefits.

7.2.12 Compensation or environmental improvements could take the form of habitat creation or enhancement, water or soil quality improvements, noise or light reduction measures, or other interventions that deliver measurable benefits for both people and wildlife. Planning conditions or legal agreements may be used to secure the long-term management and monitoring of these measures.

7.2.13 This approach ensures that pollution is managed in a way that protects human health, supports biodiversity and ecosystem services, and contributes to Environmental Net Gain and wider Local Nature Recovery Strategy priorities.

7.3 Historic Environment

Policies within this section contribute to achieving the following Strategic Objectives:

SO5. Contributing towards Net Zero Carbon targets

SO6. Creating attractive places and spaces

SO7. Protecting and enhancing our heritage and cultural assets

SO8. Improving the quality of life of our communities

SO10. Protecting and enhancing our environmental assets and working towards environmental net gain

7.3.1 South Warwickshire has a rich and diverse historic environment that makes a substantial contribution to the social, environmental and economic value of the area. The policies below explain the approach to conserving and enhancing our heritage assets.

Policy BN.9 (Non-Strategic Policy) Comment

Heritage Assets 

South Warwickshire’s historic environment, including its heritage assets, should be conserved and, where appropriate, enhanced, for its inherent value, the enjoyment of present and future residents and visitors, and its contribution to a sense of place and the economic vitality of the area.

A. New Development

Development proposals will be supported where they conserve and, where appropriate, enhance heritage assets, including their setting. This includes safeguarding assets and supporting appropriate, viable and sustainable uses that conserve their significance.

Development proposals affecting heritage assets will be expected to be high quality, sensitively designed and integrated with the historic context. Proposals should focus on conserving, enhancing or better revealing those elements which contribute positively to the historic environment. These include:

  • Designated Heritage Assets ~ including Listed buildings, Conservation Areas, Registered Parks and Gardens, Registered Battlefields, Scheduled Monuments
  • Non-designated Heritage Assets ~ including locally listed heritage assets
  • Designed Landscapes ~ including parkland, gardens, cemeteries, churchyards, public parks, urban open spaces and industrial, military or institutional landscapes
  • Archaeological remains from all periods
  • Historic transportation networks and infrastructure ~ including roads and trackways, canals, river navigations, railways and their associated industries.
  • Heritage at Risk
  • Historic Townscapes and street scene ~ including Kenilworth, Royal Leamington Spa, Stratford-upon-Avon, Warwick and other market towns, villages and hamlets
  • Historic landscapes ~ including features reflecting the historic interaction of human activity on the landscape such as settlement patterns, field systems, woodlands and ancient and veteran trees, commons and historic farmsteads.
  • Heritage assets that contribute to the ‘special qualities’ of the Cotswolds National Landscape

Where proposals will affect a heritage asset (or its setting), applicants will be required to undertake and provide an assessment of the significance of the asset using appropriate expertise and a proportionate level of detail relating to the likely impact the proposal will have on the asset's historic interest

C. Harm to and Loss of Heritage Assets

Development that results in substantial harm to or total loss of the significance of a designated heritage asset will be refused, unless it is demonstrated that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh that harm or loss or other exceptional circumstances exist.

Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm must be justified and weighed against the public benefits of the proposal, including securing its optimum viable use.

Where there would be harm to or loss of a heritage asset, the Council will require archaeological investigations and/or historic building recording as appropriate, followed by analysis and publication of the results.

C. Preservation of Heritage Assets

The Local Planning Authority will use its statutory powers to secure the preservation of buildings and other heritage assets that are deemed to be at risk by the national and local heritage at risk registers.

Policy Justification

7.3.2 South Warwickshire has a rich and diverse historic environment that makes a substantial contribution to the social, environmental and economic value of the area.

7.3.3 The importance of the historic environment to life within South Warwickshire cannot be understated. Our heritage assets provide a unique visual and cultural identity to the area that contributes to a sense of place for residents, and in many cases offer valuable opportunities for recreation and leisure, along with learning and development of people of all ages.

7.3.4 The significance and breadth of heritage assets within South Warwickshire also creates a considerable draw for visitors. World renowned assets such as Warwick Castle and William Shakespeare’s family homes, amongst others, help to sustain the visitor economy and contribute to the economic prosperity of the area.

7.3.5 In this context the importance of conserving the historic environment is clear, however there are also statutory requirements that must be adhered to. The Planning (Listed Buildings and Conservation Areas) Act 1990 provides specific protection for buildings and areas of special architectural or historic interest, whilst the Ancient Monuments and Archaeological Areas Act 1979 provide specific protection for scheduled monuments. Proposals must be in accordance with the relevant legislation as well as policies.

7.3.6 In respect of national policy, the NPPF explains that heritage assets are an irreplaceable resource and emphasises the need to conserve them in appropriate manners so they may be enjoyed by current and future generations. As required by the NPPF this policy sets out a positive strategy for the conservation and enjoyment of the historic environment.

7.3.7 The first part of the policy supports development where it responds positively to the historic environment. In many cases new development can provide opportunities and funding streams to conserve heritage assets and may also allow assets to be better revealed, understood and enjoyed. However, the impact of new development on the significance of heritage assets must be assessed as part of any proposal to ensure that any negative impacts can be understood and balanced against the public benefits of a scheme.

7.3.8 New development affecting the historic environment will be expected to be carefully designed with particular attention paid to the principles of scale, height, massing, alignment and the use of appropriate materials. In particular, for listed buildings, traditional materials and appropriate colours and finishes will be required unless very exceptional circumstances are demonstrated. The use of uPVC windows, artificial roofing slates, plastic rainwater goods and the application of inappropriate colours are common examples of unsuitable materials. Further advice will be provided in future Technical Guidance.

7.3.9 The impact of new development, whether that be new buildings or structures, or alterations to existing ones, is not confined to physical impact on historic fabric, but also includes the impact on the setting on heritage assets. New buildings and alterations to existing buildings should be designed to respect the setting of listed buildings and other heritage assets.

7.3.10 It is acknowledged that the protection of listed buildings may not be consistent with the need to promote accessibility and inclusion. Applicants will be expected to demonstrate how they have sought to reasonably balance these competing objectives.

7.3.11 The second part of the policy considers how harm to or loss of heritage assets will be considered. The criteria identified are consistent with the NPPF requirements. Reference in the policy to other exceptional circumstances means the criteria identified in the NPPF (paragraph 214).

7.3.12 The final part of the policy deals with heritage assets that are at risk, either identified locally or nationally. The Councils have a range of powers under the Planning (Listed Buildings and Conservation Areas) Act 1990 to protect historic buildings including serving repair notices and urgent works notices. The Councils will apply these powers where necessary to secure the conservation of relevant heritage assets.

Policy BN.10 (Non-Strategic Policy) Comment

Conservation Areas, Locally Listed Historic Assets and Archaeology 

A. Conservation Areas

There will be a presumption in favour of the retention of unlisted buildings that make a positive contribution to the character and appearance of a Conservation Area. Consent for total demolition of unlisted buildings will only be granted where the detailed design of the replacement can demonstrate that it will preserve or enhance the character or appearance of the conservation area, unless any harm is outweighed by public benefits.

The Local Planning Authority may use, as appropriate, any powers available to it to support the restoration, reuse or improvement of assets, features and buildings that make a negative contribution to conservation areas

B. Locally Listed Historic Assets

Development that would lead to the demolition or loss of significance of a locally listed historic asset will be assessed in relation to the scale of harm or loss and the significance of the asset. Change to locally listed historic assets should be carried out using traditional detailing and using traditional materials.

C. Archaeology

Development will not be permitted that results in substantial harm to Scheduled Monuments or other archaeological remains of national importance, and their settings unless in wholly exceptional circumstances.

There will be a presumption in favour of the preservation of locally and regionally important sites, except where the applicant can demonstrate that the benefits of development will outweigh the harm to archaeological remains.

The Council will require that any remains of archaeological value are properly evaluated prior to the determination of the planning application.

Where planning permission is granted for development which will have an adverse effect on archaeological remains, the Council will require that an agreed programme of archaeological investigation and recording precedes development.

Policy Justification
Conservation Areas

7.3.13 Conservation areas are designated historic assets and have an important role to play in maintaining the quality of the environment in South Warwickshire. The Local Planning Authorities have a duty imposed on it under Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to designate as conservation areas any “areas of special architectural or historic interest the character and appearance of which it is desirable to preserve or enhance”. It is important that development both within and outside a conservation area, including to unlisted buildings, should not adversely affect its setting by impacting on important views and groups of buildings within and beyond the boundary.

7.3.14 Gardens and open spaces that add to the historic appearance and interest of conservation areas should be protected from development. In appropriate cases, the Local Planning Authorities may require change of use applications to be accompanied by other relevant applications, e.g. for conservation area or listed building consent, to ensure that all relevant issues pertaining to the proposed change of use can be considered together. The Local Planning Authorities will seek directions to restrict permitted development rights under Article 4 of the Town and Country Planning Act 1995 as required in order to maintain areas of high-quality townscape. The Local Planning Authorities will also consider, when appropriate, the designation of new conservation areas and the review of the existing areas.

7.3.15 Unlisted buildings can often contribute significantly to the special architectural or historic importance of conservation areas. Buildings that do not merit statutory listing often contribute as much to the overall character of conservation areas as those that are listed buildings. This policy seeks to retain the integrity and form of unlisted buildings in the conservation area and resist alterations and demolitions to these buildings where this would have an adverse effect upon the overall character of the conservation area, unless outweighed by public benefits. Furthermore, the demolition of unlisted buildings will only be supported where details of an appropriate replacement building are provided. In such cases a condition will be imposed to ensure that demolition does not take place until a contract for redevelopment has been entered into and planning permission for those works has been granted. This will prevent unsightly gaps appearing as a result of demolition far in advance of redevelopment.

7.3.16 Warwick District Council maintains its own list of parks and gardens that are of historical interest, but which do not at present meet the criteria for inclusion on the national register. These are important in landscape terms, and often form the setting of listed buildings. Whilst it is recognised that they are of less significance nationally, they are important within a local or regional context. The purpose of the list is to ensure that the case for protecting such parks and gardens is taken into account fully when considering development proposals and to act as a spur to the formulation of positive restoration proposals. A list of these locally important parks and gardens is set out below (this list is not exhaustive and is based upon research evidence available at the time of plan preparation). The boundaries of these parks and gardens will be defined in due course.

Figure 19: Registered Parks within Warwick District

Locally Important Parks and Gardens

Barford House, Barford

The Dell, Leamington Spa

Old Manor House, Bishops Tachbrook

Woodcote, Leek Wootton

Bushwood Hall, Bushwood

Wootton Court and Arboretum, Leek Wootton

Eathorpe Hall, Eathorpe

Offchurch Bury, Offchurch

Haseley Manor, Haseley

Sherbourne Park, Sherbourne

Hatton House, Hatton

Friends Meeting House Garden, Warwick

Honiley House / Hall, Honiley

Longbridge Manor, Warwick

Abbey Fields, Kenilworth

Mill Garden, Warwick

North Chase (Rudfyn Manor), Kenilworth

Pageant House Gardens, Warwick

Parliament Piece, Kenilworth

Priory Park, Warwick

Christchurch Gardens, Leamington Spa

St John’s House Garden and Allotments, Warwick

Clarendon Square Gardens, Leamington

St Nicholas Park, Warwick

Former Arboretum, Wych Elm Drive

Wappenbury Hall, Wappenbury

Lansdowne Crescent and Circus

Greys Mallory, Bishops Tachbrook

7.3.17 Additions can be made if new parks and gardens are found to be worthy of inclusion. Conversely, existing areas on the list can be removed if, through further research, they are found to be unsuitable for inclusion. The Planning Authority will consult Warwickshire Gardens Trust on planning applications affecting sites included on the local register.

Locally Listed Historic Assets

7.3.18 The Local Planning Authorities will maintain a list of locally important historic assets that do not meet the statutory criteria for listing.

7.3.19 Within conservation areas, permitted development rights may be removed by the service of an Article 4 Direction on locally listed assets.

7.3.20 Where locally listed historic assets are not within a conservation area, the Local Planning Authority may consider approving an Article 4 Direction to control aspects of development and demolition. Locally listed historic assets will be designated both within and outside conservation areas.

Archaeology

7.3.21 Archaeological remains are a finite resource. They are often fragile and therefore vulnerable to damage and destruction. They contain information that is invaluable, both for its own sake and for its role within education, leisure and tourism. South Warwickshire is rich in archaeological remains and information on them is held in the County Sites and Monuments Record, maintained by Warwickshire Museum.

7.3.22 Applicants for planning permission on the strategic sites will be expected to consult the Warwickshire Historic Environment Record (HER) to determine whether there are known heritage assets of as yet unknown significance within their proposed site. Additionally, there may be archaeological sites as yet undiscovered that will not be recorded on the HER and, even in areas where no archaeology has been recorded, evaluation may be required to confirm the presence / absence of remains.

7.3.23 In accordance with Government advice set out in the NPPF, there will be a presumption in favour of the physical preservation in situ of nationally important archaeological remains and their settings, whether scheduled or not. Other important archaeological remains can be of either local or regional importance. They may also become scheduled in the future and it will be important to protect them from the adverse effects of development.

7.3.24 The Local Planning Authorities recognise that there will be cases where the benefits of development outweigh harm to archaeological remains, taking into account their significance. In such circumstances, provision of archaeological investigation and recording will be required as part of a Section 106 agreement or planning condition.

7.3.25 The Local Planning Authorities will, in conjunction with Historic England, the National Trust and other interested parties, seek to secure the management and maintenance of archaeological sites, including encouraging the provision of interpretative facilities for education and recreational purposes. In cases where incorrect information has been supplied, the Local Planning Authorities may reconsider local list designations.
7.3.26 It is not always sufficient to rely on existing information to allow an informed decision to be made about the archaeological consequences of a proposal. In such circumstances, the applicant will be required to arrange for a field evaluation to be undertaken before the planning application is determined. Regardless of circumstances, the decision-making process is always easier if any archaeological aspects of a development site can be considered early in the planning process.

7.3.27 The Local Planning Authorities will, in conjunction with Historic England, the National Trust and other interested parties, seek to secure the management and maintenance of archaeological sites, including encouraging the provision of interpretative facilities for education and recreational purposes.

7.3.28 In cases where incorrect information has been supplied, the Local Planning Authorities may reconsider local list designations.

Policy BN.11 (Non-Strategic Policy) Comment

Historic Landscapes ~ Registered Parks and Gardens and Registered Village Greens 

Development affecting a Registered Park or Garden or Registered Village Green will only be supported where it conserves and enhances their historic significance, landscape character, biodiversity value and public amenity, in accordance with national policy, statutory duties and relevant local landscape and conservation guidance.

Development proposals must:

  1. Preserve and, where appropriate, enhance the historic design, layout, planting structure and setting of the designated landscape.
  2. Be landscape-led, ensuring development – including on brownfield land - does not harm the landscape, biodiversity or heritage value of the designation.
  3. Retain, enhance and restore planting, habitats and species diversity, delivering measurable Biodiversity Net Gain and contributing to Green and Blue Infrastructure networks and Local Nature Recovery Strategies.
  4. Safeguard the openness, character, tranquillity and recreational function of Registered Village Greens and Registered Parks and Gardens.
  5. Incorporate high quality green and blue infrastructure that strengthens landscape character and supports nature recovery.
  6. Reinstate or restore lost or degraded landscape features, including historic planting, water bodies, paths, viewpoints and boundary structures where appropriate.
  7. Maintain and enhance public access to high quality green space to support health and wellbeing.

Proposals must be supported by a Landscape and Biodiversity Strategy proportionate to the scale and sensitivity of the designation and where a designated heritage asset is affected, a proportionate Heritage Impact Assessment.

Policy Justification

7.3.29 Registered Parks and Gardens and Registered Village Greens are irreplaceable historic landscapes that contribute significantly to local character, identity and biodiversity. National policy requires the conservation of heritage assets, the protection of valued landscapes and the delivery of biodiversity net gain. These areas often contain mature trees, historic planting and species-rich habitats that support wider nature recovery objectives.

7.3.30 A landscape-led approach ensures development respects historic design intent, planting structure and setting, consistent with national design principles and local Landscape Character Area guidance. Protecting openness, tranquillity and recreational values reflects the long-established public importance of Village Greens and heritage significance of Registered Parks and Gardens.

7.3.31 Development can also provide opportunities to reinstate lost landscape features, strengthens green and blue infrastructure and enhance public access, supporting national ambitions for nature recovery, health and wellbeing.

7.3.32 Requiring a Heritage Impact Assessment and Landscape and Biodiversity Strategy ensures proposals are informed by a clear understanding of historic significance, ecological value and landscape character, enabling well-managed change while safeguarding what makes these landscapes special.

Policy BN.12 (Non-Strategic Policy) Comment

Sustainability and Heritage Assets 

The challenges of balancing the conservation of heritage assets with the need to mitigate and adapt to climate change are recognised.

Proposals to enhance the environmental performance of heritage assets will be supported where a well informed and sensitive approach to design and specification ensures that the significance of the asset is not compromised by inappropriate interventions. Proposals which address previous inappropriate interventions will be viewed favourably.

Proposals must be based on an understanding of the asset and how it performs as well as the historic significance of the asset. Proposals must show how this understanding has been taken into account in the design of the initiatives and include an assessment of reasonable alternative solutions that could avoid or mitigate any harm to the heritage asset.

Where conflict between climate change objectives and the conservation of heritage assets is unavoidable, the public benefit of mitigating climate change and reducing carbon emissions will be weighed against any harm to the significance of heritage assets and their settings.

Policy Justification

Our historic environment has a significant part to play to address climate change and reduce energy consumption. However, the need to conserve the historic significance of heritage assets creates unique challenges when considering environmental performance enhancements.

The Councils recognise these challenges and acknowledge that in some circumstances, harm to historic significance may be unavoidable. In such situations any harm will be balanced against the public benefits of mitigating climate change and reducing carbon emissions.

To allow this balancing exercise to be undertaken a key requirement of the policy is for applicants to submit sufficient supporting evidence to demonstrate how the proposals have been sensitively designed. This should consider the Whole Building Approach developed by Historic England which is based on:

  • An understanding of the asset and how it performs;
  • An understanding of the significance of a historic building, including the contribution of its setting;
  • Prioritising interventions that are proportionate, effective and sustainable; and
  • Avoiding and minimising harm and the risk of maladaptation[23].

The level of detail required should be proportionate to the asset’s importance and no more than is necessary to understand the potential impact of the proposal on historic significance. Where proposals result in harm to historic significance, applicants must demonstrate what alternative options have been considered to avoid harm and why the proposed measures have been chosen.

When preparing supporting information applicants should take into account relevant guidance from Historic England and where appropriate, show that proposals achieve meaningful energy and carbon efficiency improvements/benefits. In this regard proposals should consider the provisions of the ‘Energy Performance Improvements in Existing Buildings’ policy. To further assist applicants, it is intended to produce additional technical guidance providing more information on the Council’s expectations in this area and due regard should be had to any such guidance issued.

Policy BN.13 (Non-Strategic Policy) Comment

Waterways 

South Warwickshire’s Waterways are a significant Green and Blue Infrastructure resource, that play a key role in place-making, recreation and supporting biodiversity. They are key heritage assets and treasured by the community and visitors. In order to retain their intrinsic value, they must be protected.

A. Requirements

Development proposals affecting all Waterways will:

  1. Positively address their relationship with the waterways where relevant, ensuring that it plays a key role in terms of design, and its contribution to creating a sense of place.
  2. Not adversely affect the water quality, heritage quality, landscape and biodiversity or usability of a waterway, or any adjacent towpath or adjacent Public Right of Way, and instead seek to make improvements in these areas.
  3. Incorporate measures to improve the accessibility of waterways, ensuring the use of waterways as routes for active travel and recreation.
  4. Ensure that any proposed extension to or creation of new navigable waterways does not harm the quality of its natural environment, water quality and biodiversity.
  5. Actively enhance the role of waterways within green and blue corridors and the wider ecological network with proposals ensuring compliance with the Local Nature Recovery Strategy and relevant policies within this plan.

B. Navigable Waterways

Development proposals that affect navigable waterways will

  1. Be supported where they are for the provision of moorings and marinas, provided that their provision is not detrimental to the condition of the waterway, and to the character and quality of the surrounding area; or
  2. Enable the regeneration of canals and their surroundings, improving accessibility and a sense of place, most notably within and adjacent to the Grand Union Canal Conservation Area; and
  3. Increase the provision and accessibility of active travel links.

C. Major Development

  1. Proposals for major development (as defined in the NPPF) adjacent to waterways should consider the potential to provide for new moorings and facilities for boat dwellers.
  2. Culverts should be permitted for access purposes only and conform to the Environment Agency’s culverting policy. Culverts must be removed unless it can be demonstrated that it is impractical to do so.
  3. Ensure that strategic opportunities are taken to enhance waterways, with particular regard for the following opportunities identified in the Green and Blue Infrastructure Study :
    • Tach Brook Re-Naturalisation
    • River Avon Linear Park
    • Improving Access to South Warwickshire’s Canals
Policy Justification

7.3.36 Waterways such as canals, rivers, and their tributaries have played a vital role in South Warwickshire’s history and continue to act as key arteries for biodiversity and active travel. They play an important role in placemaking providing a range of benefits which includes their positive effect on biodiversity, the conservation of heritage assets, and promoting health and wellbeing through increased engagement with the outdoors.

7.3.37 South Warwickshire has a network of naturalised and navigable waterways, including the River Avon, River Stour, Grand Union Canal, and Stratford-upon-Avon Canal. Given the diverse nature of these waterways, it is necessary to distinguish between them. Some aspects of this policy apply only to navigable waterways; however, other aspects must be considered in the development of any waterway.

7.3.38 Waterways play a key role in meeting the objectives of the South Warwickshire Local Plan, through their role in supporting climate resilience, their role in place-making in their settings, their ability to enable health lifestyles through active travel, and the role that they play in supporting biodiversity.

7.3.39 Whilst waterways are not directly addressed within the National Planning Policy Framework, they can play an essential role in supporting placemaking for communities, which is described as being a fundamental part of what the planning and development process should achieve. Furthermore, encouraging the maintenance and improvement of towpaths adjacent to navigable waterways aligns with the NPPF Paragraph 109 objective and the prioritisation of active travel.

7.3.40 A key consideration regarding waterways is their intrinsic biodiversity; any development proposal will have to ensure that their role in sustaining flora and fauna is maintained, and where applicable, enhanced. Furthermore, in considering development proposals, the impact of development.

7.3.41 Regarding navigable waterways, it is vital to ensure that opportunities are taken to increase the capacity of moorings for boat dwellers sustainable development. Likewise, waterways should act as both a key opportunity and constraint for development proposals that adjoin them. The Canal and River Trust require waterwise development to positively address water, integrating with the towpath and opening up access, and incorporating water as a key design principle for schemes.

7.4 Built Environment

Policies within this section contribute to achieving the following Strategic Objectives:

SO2. Delivering homes that meet the needs of all our communities

SO3. Developing opportunities for jobs and growing the economy

SO6. Creating attractive places and spaces

SO8. Improving the quality of life of our communities

7.4.1 This section of the plan considers how we will manage the established built environment, including alterations to existing buildings and advertisements. Small changes to existing buildings can change the character and amenity of an area, either by themselves or cumulatively with other changes. It is therefore important that they are appropriately managed. 

Policy BN.14 (Non-Strategic Policy) Comment

Alterations to Existing Buildings 

This Policy should be read in conjunction with DS.12 Rural Housing and Policy EC.6-Town Centre Residential Uses.

A. Conversions and Changes of Use

As well as helping to reinforce a sense of place an local distinctiveness the conversion and/or of existing buildings is often a more sustainable and environmentally friendly approach and will, therefore be encouraged.

South Warwickshire’s existing housing stock will be managed and safeguarded as a vital resource. Proposals will not result in the net loss of dwellings through demolition, conversion or change of use unless there is a specific and overriding justification.

B. Alterations and Modifications

Alterations and modifications to existing buildings, including proposed extensions, will be of an appropriate scale and subservient in relation to the existing building, taking into account local character, the cumulative impacts of previous extensions and development on the site where appropriate, and seeking to minimise impacts on neighbouring amenity.

C. Outbuildings

Outbuildings, annexes, and ancillary buildings will be of an appropriate scale and subservient to the host building. Proposals should consider carefully the siting of any outbuilding, annexes or ancillary buildings within the plot, including taking into account local character, seeking to minimise impacts on neighbouring amenity and how and when the proposed building will be used.

D. Replacement Dwellings

Renovating existing dwellings is often a more sustainable and environmentally friendly approach than replacing existing dwellings in their entirety. Where the existing dwelling is not considered suitable for retention, the replacement dwelling will be well sited in relation to the existing site and well designed in accordance with Policy DS.18 and not significantly larger than the dwelling it replaces.

E. General Requirements

When considering proposals under this policy regard will be had to relevant Design Codes and guidance issued by the Local Planning Authority along with other material considerations including the benefits of proposals to improve accessibility.

BN.14 ~ Development Management Considerations

Where a replacement dwelling is considered appropriate, the existing dwelling will have a lawful planning use as a dwelling and not have been demolished prior to the determination of the associated planning application and/or have been abandoned. Replacement dwellings should be sited within the lawful curtilage of the existing dwelling, unless significant environmental benefits would result.

Policy Justification

7.4.2 The effective management of existing housing stock reduces the net loss of dwellings, impacting on overall housing need and the need to build new houses. Whilst the Councils will seek to resist changes of use from residential, there may be circumstances where the change of use is acceptable because it has a community benefit. Subject to satisfactory assessment of the impacts, the Council will support such changes of use.

7.4.3 Modifications to dwellings (such as extensions) and the replacement of dwellings can enable homeowners to realise the potential of their property, adapt their homes to changing needs and improve the quality of their lives without leaving their community. The Councils support such aspirations. At the same time, however, the Councils must ensure they strike an appropriate balance by also protecting the amenity of neighbouring residents, the character of the locality and by taking all other material planning considerations into account.

7.4.4 Conversion of existing buildings and dwellings can be an effective way of increasing housing supply and such sites could contribute to South Warwickshire’s housing requirement as part of the ‘windfall allowance’. However, the impacts of intensification of use can also be significant, particularly on neighbouring properties in addition to wider community infrastructure. Such issues are important considerations that the Councils will take into account when considering any proposal.

Policy BN.15 (Non-Strategic Policy) Comment

Advertisements 

The display of advertisements will not compromise amenity and highway safety. Advertisements will not be permitted if the character or setting of a building would be unduly affected due to inappropriate size, design, colour, materials or illumination, with externally illuminated signage preferred, particularly in Conservation Areas.

Signage and adverts should be kept to a minimum and not be excessive, visually discordant or overly large. The use of additional advertisements and branding in shopfront windows and glazing will not generally be supported. Advertisements should be located within the curtilage of the premises to which they relate or at the site access and should not add unacceptable street or visual clutter.

Digital advertising displays and internally illuminated signage will not be encouraged within Conservation Areas and within the setting of listed buildings. Where digital displays and illumination is required, it should be provided in a discreet manner.

BN.15 ~ Development Management Consideration

Examples of unacceptable impact on safety include where an advert would:

  • Obscure views into an area, reducing natural surveillance
  • Create an unwelcoming sense of enclosure
  • Obscure safety cameras
  • Unsafely reduce natural or street lighting; or
  • Create visual distraction which would be harmful to the attention of road users or the ready interpretation of road signs, traffic signals and visibility of junctions.
Policy Justification

7.4.5 Advertisements require careful control as they can make a substantial impact on the character of a locality. Modern advertisement styles and materials can be out of place in historic areas, particularly the trend by larger retail outlets to adopt a ‘corporate image’ by using a nationally identifiable style. The Local Planning Authorities will endeavour to negotiate the adaptation of corporate liveries to local circumstances.

7.5 Roads and Parking

Policies within this section contribute to achieving the following Strategic Objectives:

SO6. Creating attractive places and spaces

SO8. Improving the quality of life of our communities

SO9. Connecting people to places

7.5.1 Given the rural and affluent nature of South Warwickshire, car ownership and use is high. However, accommodating the car into well-designed and people friendly places is challenging. Provision of parking affects layouts, density and how spaces are used. Excessive parking can also encourage further car use and actively discourage active travel including walking, cycling and public transport all of which can have health benefits as well as climate benefits. Policy BN.15 seeks to strike the right balance between these objectives and providing adequate off-road parking that meet the needs of occupiers. This is particularly important in town centre locations.

Policy BN.16 (Non-Strategic Policy) Comment

Parking 

Planning applications are required to demonstrate that development proposals deliver convenient and adequate on-site levels of car parking (including visitor, disabled and ‘parent and child’ parking), motorcycle parking and cycle parking. The level of parking proposed should optimise opportunities for use of public transport and active travel and a more flexible approach to car parking should be taken in town centre locations. The amount of parking, and its design, will need consider the unique characteristics of the site, having regard to existing public transport and active travel provision. Reflecting the sustainability of their location, a lower level of off-street car-parking provision will be acceptable on sites within 1km of a railway station within the existing Built-up Areas of the Main Urban Areas or 500m of a railway station within the existing Built-up Areas of other settlements.

The latest published parking standards will be used to help determine the appropriate level of parking provision and published design guidance will be applied to determine if the parking aligns with key design principles.

Development proposals which result in significant changes to the location or supply of car parking will be required to demonstrate that there will not be an unacceptable impact to the road network or highway safety.

In order to deliver efficient use of land, proposals for multistorey car parking will be supported where they are appropriate for the character and scale of the surrounding area.

Policy Justification

7.5.2 The current 2024 NPPF states that if local parking standards are to be set, they should take into account the accessibility of the development; the type, mix and use of development; the availability of and opportunities for public transport; local car ownership levels; and the need to ensure an adequate provision of spaces for charging plug-in and other ultra-low emission vehicles. It also states that maximum parking standards for residential and non-residential development should only be set where there is a clear and compelling justification that they are necessary for managing the local road network, or for optimising the density of development in city and town centre locations and other locations that are well served by public transport. It also recognises that the design of parking reflects current national guidance including the National Design Guide and National Model Design Code.

7.5.3 Parking standards are set out within the accompanying Technical Guidance. The parking standards address the amount of parking spaces to be provided, the location and convenience of the spaces relative to the developments that they are being used for, and the practical usability of the spaces provided (including acceptable space sizes). The standards provide guidance on the types of parking and the sorts of locations where they are considered appropriate. The car parking standards should be taken as a starting point and applicants should explain how the standards have been applied to their individual proposal. Where deviation from the standards is proposed, a detailed justification should be provided, supported by a parking survey undertaken in accordance with requirements set out in the Standards. Cycle parking provision will be delivered in accordance with the requirement set out in Cycle infrastructure design (LTN/120).

7.5.4 In recognising that town centre locations are likely to be better served by public transport and active travel provision, the current parking standards identify that lower car provision may be justified within the defined Leamington, Warwick and Kenilworth town centres, and a zonal approach has been used to specify different car parking standards within the defined Stratford-upon-Avon town centre.

7.5.5 In assessing the unique characteristics of a site, there may be situations where increasing on-site parking provision is constrained, such as infill development, conversions or development within existing built-up areas limiting what is achievable. In these circumstances, proposals may have the potential to place additional pressure on existing on-street car parking. Such on-street parking impacts would need to be assessed as part of the highway capacity and safety considerations. Parking provision secured through the planning process does not create an automatic entitlement to on-street parking or the issue of resident or visitor permits. Where applicable, eligibility for permits is determined separately by the relevant highway authority and remains subject to residents’ parking schemes, Traffic Regulation Orders, available capacity and wider transport and highway safety considerations.

7.5.6 The parking standards may need to be updated as required to reflect the latest published Government guidance.

Policy BN.17 (Non-Strategic Policy) Comment

Road Safety 

A. Requirements

  1. Proposals will be supported where it can be demonstrated that they will not compromise highway safety, including during construction. Where residual impacts on the capacity and operation of the highway network are identified, these must be appropriately mitigated to acceptable levels in accordance with the highways authority’s operational standards.
  2. For proposals that would generate significant travel in a sensitive location, or where crash data indicates existing safety concerns, development proposals must:
    1. Be designed in accordance with the ‘Safe System Approach’ principles, incorporating safe road design, appropriate speed management, and infrastructure that supports safe road user behaviour, contributing to Warwickshire County Council’s Vision Zero ambition.
    2. Adhere to the hierarchy of road users through prioritizing safety, accessibility and convenience of pedestrians, cyclists, public transport users, and other vulnerable road users in accordance with the user hierarchy established in LTN 1/20 and Manual for Streets. Cycleways would normally be expected to have priority across side roads.
  3. Where appropriate development proposals must be subject to independent Road Safety Audits, undertaken in accordance with GG119 (or successor standards), with identified issues addressed and agreed with the local Highways Authority. For major development, the Local Planning Authority may require post-implementation monitoring of road safety outcomes with further mitigation to be delivered where necessary.
  4. Safety measures and infrastructure must be capable of being maintained for the lifetime of the development, with arrangements for adoption or ongoing management clearly set out.

B. Urban Environments

  1. In accordance with WCC's Design Guide, 20mph compliant horizontal designs should be delivered as part of residential design proposals for non-spine roads. A 20mph limit will normally be appropriate and the development shall contribute to the necessary costs of any Traffic Regulation Order.
  2. Proposals must integrate continuous footpaths/cycleways to maintain network connectivity with the surrounding area at all junctions where these connect with the existing road network.
  3. Development should provide safe pedestrian and cycle routes to nearby services and facilities.

C. Rural Environments

  1. Proposals must ensure that new site access on rural roads provides appropriate visibility splays and are well designed for existing road characteristics. Speed reduction measures must be implemented where necessary to ensure safe access.
  2. Where crash data or safety audits identify collision risks or roadside hazards in the vicinity of the development, appropriate mitigation measures must be implemented.
  3. Development should provide safe pedestrian and cycle routes to nearby services and facilities, recognizing the constraints of rural settings. Development proposals must also consider the needs of horse riders, agricultural vehicles and other rural road users, providing mitigation where conflict or safety risk is identified.
Policy Justification

7.5.7 A key requirement for development proposals under the National Planning Policy Framework is to ensure that safe and suitable access to sites is provided for all users. In addition, Warwickshire County Council have set out in their Local Transport Plan 4 (2024-2050) the ambitious goal of reducing the number of people killed or seriously injured on Warwickshire’s roads by 50% by 2030. With further ambition to work towards zero serious casualties or deaths on Warwickshire’s roads by 2050.

7.5.8 To achieve this, all developments must contribute positively to road safety through ensuring safe access, implementing internal traffic calming measures, and mitigating the impacts of additional vehicle movements in the surrounding area. South Warwickshire encompasses both heavily urbanized areas within the Warwick conurbation and South of Coventry, and more rural areas elsewhere, particularly in the countryside of the Stratford-upon-Avon District. Given this diverse range of settings, the policy tailors requirements reflect local context and characteristics.

7.5 .9 SWLP Policy ID.5 requires Travel Plans and Transport Assessments for appropriate scale of development. These documents must demonstrate how the development will achieve safe access and movement for all users during both construction and operation stages. The approach to highway safety should be clearly set out in planning applications, and agreed with Warwickshire County Council, to ensure schemes are designed to eliminate or minimize road safety risks.

7.5.10 All major developments are required to incorporate a ‘Safe System’ approach to support Warwickshire County Council’s vision zero goals. The safe system approach recognizes that humans make mistakes and seek to create a transport system that protects people when errors occur. Whilst some elements of the Safe system are outside the scope of land use planning, development proposals must demonstrate how they will deliver:

Safe Roads: Infrastructure designed to prevent crashes and minimize harm when collisions occur, through visibility and street design.

Safe Speeds: Speed environments appropriate to the road function, achieved through good design rather than enforcement alone.

Safe Road Users: Ensuring that infrastructure supports safe behaviours, including clear sightlines, legible street layouts, accessible crossing and separation of vulnerable users from motor traffic where appropriate.

7.5.11 This approach requires adherence to the hierarchy of road users a principle embedded in national guidance including the Manual for Streets and Local Transport Note 1/20. This hierarchy mandates that design decisions must first and foremost protect the safety, accessibility, and convenience of pedestrians and cyclists, aligning with the design response to the lowest risk modes of transport.

7.5.12 In urban environments, 20mph speed limits in residential areas play a crucial role in protecting vulnerable road users. Evidence demonstrates that reducing speeds from 30mph to 20mph reduces the risk of pedestrian casualties, whilst also encouraging modal shift to active transport, due to associated increases in highway safety1. To be effective, these limits must be provided alongside physical street design that creates physical priority for pedestrians and safety. This is to ensure that driver behaviour aligns with safe speeds without solely relying on fear of enforcement to prompt change.

In rural environments, existing roads often operate at higher speeds (typically national speed limit of 60mph). The safe system principle of a forgiving roadside, one that minimizes injury severity when vehicles leave the carriageway, is therefore particularly important. Development proposals must include proactive road safety assessments of site access points, and the immediate highway approaches. Where risks are identified, appropriate mitigation must be implemented which may include hazard removal or protection, improved visibility splays or measures to reduce approach speeds. This approach recognizes that while eliminating human error is impossible, designing infrastructure to minimize the consequence of errors is essential.


[22] Priority habitats and species include those identified nationally and locally in the following plans: UK Biodiversity Action Plan (UK BAP) Priority Species and Habitats; Natural England / DEFRA Priority Habitats and Species lists under the Biodiversity Duty; Schedule 1 / Schedule 5 of the Wildlife and Countryside Act 1981; IUCN Red List or national Red Lists; Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024; Local Nature Recovery Strategy (LNRS); Local Biodiversity Action Plans (LBAPs); Local Wildlife Site (LWS) and Local Geological Site (LGS) inventories; and any other relevant or superseding plans or strategies.

[23] Historic England’s advice note Adapting Historic Buildings for Energy and Carbon Efficiency (HEAN 18) defines maladaptation as ‘changes to a building which prevent it from performing appropriately in relation to energy efficiency, carbon reduction, building performance, or the health, safety, well-being and comfort of occupants

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