Land East of Kenilworth Development Brief

(3) CHAPTER 10 - Delivery

This Development Brief will inform all planning applications relating to the site and it is expected that applications will adhere to the guidance and overriding principles set out in this SPD.

Whilst this is a high level indicative masterplan only, it is expected that development across Land East of Kenilworth will come forward in general conformity with the masterplan unless the Local Planning Authority is agreed that there are robust and justified reasons to deviate away from the masterplan. The location of infrastructure, including the secondary school, primary school, large central park, Local Centre with community centre as shown on the indicative masterplan is broadly where the respective infrastructure will be expected to be located.

Collaboration and Consultation

Whilst it would be preferable to receive one outline planning application covering the entire site Warwick District Council understands the challenges of this given the context of there being multiple land owners. However, it is recommended that where possible land owners work together to submit an outline application covering multiple sites.

The minimum expectation is that land owners, their representatives or promoters/developers work collaboratively with each other and Warwick District Council to ensure that the detailed masterplans and subsequent reserved matters/full planning applications for their sites relate well to those of adjoining sites, thus delivering comprehensive development across the area. . Furthermore, it is expected that non-sensitive information is shared in order for cumulative impacts to be fully considered comprehensively across the entire site.

Prior to submission of development proposals, applicants are strongly encouraged to undertake meaningful public consultation with the local community including potentially affected residents and Kenilworth Town Council.

Planning Application Requirements

Viable schemes for development and associated infrastructure delivery will come forward through the Development Management process. It is expected that outline planning applications will be submitted for parcels of land setting out parameters for development, followed by reserved matters applications for individual phases.

It is strongly recommended that applicants for all developments enter into formal pre-application discussions with Warwick District Council as Local Planning Authority at an early stage prior to the submission of planning applications relating to their site.

Planning applications at each stage of the process will require detailed supporting documents and plans and the requirements for an application will depend upon the type of application.

All outline or full applications will be expected to be submitted with:

• Design and Access/Planning Statements which combined specifically demonstrate how the proposals are in accordance with guidance contained in this SPD
• A detailed site specific masterplan setting out the proposals spatially. Key parameters plans covering: land uses; scale; green infrastructure; primary transport routes and access points; and location of custom and self-build plots
• Supporting documentation highlighting how the proposals accord with the aims and objectives of this SPD and key Policies DS15 'Comprehensive Development of Strategic Sites',

BE1 'Layout and Design' and BE2 'Developing Significant Housing Sites' of the Local Plan

• An Infrastructure Delivery Strategy setting out an overarching framework for infrastructure delivery providing assurances that infrastructure is being comprehensively planned
• Heads of terms for s106 planning obligations referencing the Infrastructure Delivery Plan and this SPD
• A strategy for the future management and governance of community facilities, public open space and public realm and sustainable drainage features

Furthermore, applications should include documents on the Council's Local Validation Requirements List (May 2018 or any subsequent amendments) and any other relevant information to support the application which may include:

• Planning Statement
• An Environmental Impact Assessment Screening Opinion and where required an Environmental Statement including Environmental Impact Assessment
• Statement of Community Involvement
• Design and Access Statement including Design Code
• Sustainability Assessment
• Affordable Housing Assessment
• Housing Mix Statement
• Housing/Local Needs Survey
• Air Quality Assessment and Mitigation Statement
• Heritage Statement
• Archaeological Assessment
• Biodiversity, Ecology and Geodiversity Statement
• Ground Contamination Report
• Flood Risk Assessment
• Foul Sewerage/Utilities Statement including an assessment of the capacity of utilities to accommodate development
• Noise/Vibration Assessment
• Transport Assessment and Draft Travel Plan
• Arboricultural Survey
• Waste Management Strategy
• Retail Assessment
• Lighting Assessment
• Drainage Strategy.

Note: this list is not exhaustive and further requirements may be identified through the pre-application process.

Planning conditions are likely to be imposed on granted planning applications. Many conditions require the submission of further detailed and specific information to be discharged.

One important condition that will be imposed on applications is the requirement for applicants to submit a Construction Method Statement (CMS) prior to commencement of a phase of development. The CMS shall set out how adverse impacts from construction will be minimised including highway, noise and dust impacts and how the applicant will ensure mud or other material is not deposited on the road. The CMS shall not only consider the phase in question but also consider the wider site and how the applicant will mitigate cumulative impacts of their particular phase of construction in the context of any other development already underway on site.

A Construction and Environmental Management Plan (CEMP) for each phase of development will also be required setting out details including the protection and mitigation during construction of retained landscape features, the Scheduled Monument and Local Wildlife Sites and any protected species.

The quantum of development will generate significant employment opportunities, both during construction and post-occupation of the development. The Local Planning Authority will requires applicants, through appropriate planning conditions, to undertake measures to promote and encourage construction employment opportunities and post-occupation employment to local people.

It is acknowledged that for varying reasons developers will sometimes seek to alter extant permissions. Any subsequent Section 73 Variation of Condition applications will need to ensure that relevant conditions attached to the initial consent are replicated (or amended where appropriate) and that deed of variations are completed relating to existing signed legal agreements.

Development Phasing

It is anticipated that development will come forward in parcels of land varying in size. It is unlikely that peak delivery will be greater than around 175 dwellings per annum. It is envisaged that housing development across the whole site will be delivered over a 10 year period with development anticipated being completed by the end of the Local Plan period in 2029.

There are many variables affecting the timing and pace of delivery including market conditions, housing need and critical infrastructure triggers.

However Warwick District Council's current Housing Trajectory (July 2018) assumes completions from 2019/20 following the trajectory in Table 5.

Table 5: Housing Trajectory for Land East of Kenilworth

Warwick District Council will review and monitor the housing trajectory as necessary and publishes its trajectory annually.

Market demand will heavily influence delivery of the employment area and whilst initial delivery is likely to be later than initial housing completions, it is envisaged that the employment space will be available within the Plan period.

Delivery of infrastructure and phasing of development is expected to accord with the following principles and will be secured through the planning application process:

• Where possible development parcels shall be closely connected to the existing built environment of Kenilworth or earlier housing phases and isolated, disconnected development parcels shall be avoided
• Infrastructure shall be delivered in a timely fashion to reduce the impact of the development and provide essential facilities to meet the needs of the emerging community
• Suitable phasing of education provision to ensure residents have access to education
• Appropriate phasing of off-site highway improvements to mitigate localised impacts
• Suitable phasing of public transport, cycling and pedestrian routes to encourage residents and employees to adopt sustainable modes of travel soon after occupation
• Appropriate phasing of recreational and leisure provision to support the new community
• Appropriate phasing of structural landscaping, including tree and shrub planting, noise attenuation measures.

It is essential that development parcels come forward in a logical order with key infrastructure being delivered in a timely fashion in order to mitigate the impact of the development and ensure that residents experience a satisfactory living environment with necessary services from the outset.

To avoid disconnected development the residential land within H40 should be developed in phases beginning to the western end of the site adjacent to Glasshouse Lane. No housing within H40 shall be occupied unless and until a new roundabout has been provided on Glasshouse Lane in the vicinity of Stansfield Grove to serve the new development and a spine road has been provided connecting the site with Crewe Lane.

Land within the southern parcel of H06 shall be developed from either/both ends of the spine road route and no dwellings shall be occupied unless and until a new junction has been provided onto Leamington Road and the spine road has been provided with a roundabout junction to the northern end of the parcel of land connecting to Glasshouse Lane in the vicinity of Heyville Croft.

The central parcel of land, currently occupied by sports clubs shall not be occupied unless and until the central section of Glasshouse Lane between the two roundabout junctions has been upgraded and a suitable access into the site from Glasshouse Lane has been provided.

This SPD has set out guidance relating to development of the area and the approach that Warwick District Council is taking to ensure the delivery of this essential infrastructure.

Infrastructure Delivery Triggers

Detailed infrastructure delivery triggers and development phasing will be subject to consideration and determination through the formal planning application process. The order that development will come forward across the site is presently unknown and this has the potential to impact upon triggers relating to highway infrastructure. Further detailed analysis of each development upon the highway network will be undertaken by applicants through the preparation of their Transport Assessments and until this point it is not possible to set

out clear development triggers for when certain off-site highway works are required.

Indicative trigger points at the time of writing include:

Highways

• Prior to the occupation of any dwellings within the site junction improvements to St.John's Gyratory, shall be completed in their entirety in accordance with a scheme approved by the Local Planning Authority and Warwickshire County Council as Local Highway Authority.
• No dwelling in land currently within the control of Catesby in H40 shall be occupied unless and until the spine road in that parcel of land has been laid out with permanent access junctions onto Crewe Lane to the north and Glasshouse Lane to the south-west
• No dwelling in the southern parcel of land to the south of Rocky Lane shall be occupied unless and until the spine road in that parcel of land has been laid out with permanent access junctions onto Leamington Road to the south and Glasshouse Lane to the north-west.
• No dwelling in the central parcel of land shall be occupied unless and until the identified improvements to Glasshouse Lane between the junctions of the northern and southern sections of the spine road have been completed in their entirety.

Education

• A new 2 form entry primary school constructed to accommodate 420 pupils and support the delivery of pre-school and wraparound care shall be open prior to the occupation of 1,000 dwellings within the Kenilworth Priority Area. Freehold land for the primary school shall be transferred to Warwickshire County Council before the 500th occupation of a residential dwelling in the priority area.

Local Centre and Community Building

• Prior to the occupation of 1,000 dwellings a permanent multi-purpose community building shall be constructed and made available for use.
• Prior to the occupation of 1,000 dwellings other retail or commercial buildings within the Local Centre shall be completed and made available for use.
• All parcels of land shall provide the necessary highway, pedestrian and cycling infrastructure to connect to the Local Centre.

Securing Infrastructure

Local Plan Policy DS11 identifies key infrastructure and services to be delivered as part of the development of the site. However, in addition to the infrastructure specifically stated in the policy there is a range of other infrastructure required to support the delivery of a thriving community.

The appropriate infrastructure for each phase of development or parcel of land will be secured via Community Infrastructure Levy (CIL) receipts, planning conditions and directly via developer contributions, where the requirements of Section 122 of the CIL Regulations are met.

At the time of writing the Council's Regulation 123 (CIL) list does not include many specific items relating to development on land East of Kenilworth. However, the list will be reviewed on an annual basis and is therefore subject to change. It is expected that the majority of major infrastructure items will be secured via s106 Legal Agreements.

The Infrastructure identified in Table 4 will be required to meet the requirements of the development. Some information will be provided by developers of individual sites whilst other items are likely to be secured through the request of s106 contributions from multiple sites.

Table 6: Infrastructure Requirements

Other S106 items or contributions expected to be requested:

• Off-site contributions towards cemetery capacity
• Off-site contributions towards library provision in the town
• Contributions towards other Emergency Services' equipment and vehicles
• Contributions towards sustainability travel packs
• Contributions towards air quality mitigation
• Biodiversity offsetting (where applicable)
• S106 Monitoring – 1% of all S106 contributions on a development with a maximum charge of £30,000
• Local Employment and Training Strategy

It is anticipated that a little over £2m of CIL income for the entire site will be generated.

Other obligations/contributions most likely to be provided directly by developers to utility companies:

• Capacity improvements to Dalehouse Lane Pumping Station (Severn Trent Water); provision of two new pumping stations and associated infrastructure costs
• Financial contributions towards improving capacity at Kenilworth Primary Substation or contributions towards provision of a new primary substation to the north eastern corner of the site; contributions towards upstream reinforcement works.

In order to ensure comprehensive development in accordance with Policy DS15 and the delivery of all supporting infrastructure necessary to serve the new community, the following approach will be taken to securing infrastructure and contributions:

• Off-site highway infrastructure - developers will be expected to pay a set figure per dwelling towards off-site highway infrastructure identified in Table 2 in order to ensure the comprehensive development of Land East of Kenilworth
• Developers of housing sites are encouraged to work together to ensure the delivery of community infrastructure utilising private equalisation agreements where appropriate. The following infrastructure is best delivered using such mechanisms:

Primary Education – developers of housing sites will be required to contribute towards both land and build costs of the primary school, the land costs being at residential land values. The primary school shall ideally be delivered on the preferred site. However, if the preferred site is not available to be transferred to Warwickshire County Council upon the 500th occupation of a residential dwelling in the Priority Area, the primary school shall be delivered on a 'reserved site' if available (with the 2nd

reserved site being preferable) and that land shall be transferred to the County Council. The education contribution will be calculated on a cost per dwelling basis. This will ensure delivery of the school and provide for some equalisation as a land owner that has the school on their site will not be penalised

Secondary Education – developers of housing sites will be required to contribute proportionately to the land and build costs of the new secondary school to enable the delivery of the new school facilities and support the comprehensive development of the area, as required by Policy DS15

Local Centre including community centre – the Local Centre and community centre shall be constructed by the applicant for that site, however there may be a requirement for equalisation relating to this land (in particular the community centre)

Allotments – it is undesirable for management purposes for there to be a handful of different allotment sites within the area. Developers are encouraged to work together to minimise the overall number of allotment sites with one or two being the preferred number of sites

Large central park including Multi-use games area/skate park – the public park shall be delivered by the applicant(s) for those site(s). Where possible it should be delivered through the provision of green space requirements for those sites. Where this is not possible,

a funding mechanism shall be created to allow for equalisation of land values

Self-build and custom build – it would be preferable to have fewer, larger areas of self-build and custom-build plots than have a small number of plots pepper-potted around the development.

Developers of housing sites are encouraged to deliver these in such fashion, where possible.

Monitoring

Warwick District Council will continue to take a proactive role in supporting the successful delivery of sustainable development and the creation of a thriving community on Land East of Kenilworth by working collaboratively and in a co-ordinated way with landowners, promoters, developers and other stakeholders. The Council will monitor the delivery of dwellings, employment land, retailing and other community facilities and supporting infrastructure and this will inform the Council's Annual Monitory Report and annual review of the housing trajectory for the District.