Object

Representation ID: 56605

Received: 29/07/2013

Respondent: Leamington and County Golf Club

Agent: Wright Hassall Solicitors

Object to the RDS and specifically to the land at Fieldgate Lane/Golf Lane which is identified by the Revised Development Strategy on the following grounds:

1. environmental issues caused by the development of the land at Fieldgate Lane/Golf Lane and the associated impacts upon the Golf Club.
2. The use of this site for housing has not been fully considered.

The land at Fieldgate Lane/Golf Lane lies on the periphery of Whitnash, adjacent to the Golf Club.

This site falls within an Area of Restraint under the current local plan (policy 'DAP2). It would seem premature and ill-considered for these sites to progress immediately from 'areas of restraint' to 'areas of preferred development' under the new local plan.

The Council should be protecting this site from unsuitable development, in accordance with adopted Local Plan not assigning it for the same.

At present the justifications for the development of this site are as follows:

* There is no existing Brownfield capacity to meet the land supply demand; Greenfield sites must therefore be allocated for development;
* The landowner for this site has expressed a willingness to release the land;

* The site is described as sustainable due to its proximity to the current services and facilities in the adjacent urban areas; and

* This site is not allocated as green belt land;

Whilst all of these points may be valid, they do not fully explain the need to develop this particular site.

It would appear that the focus on the allocation of this site has been pre-decided based on the landowner's preference to sell the land for development.

The remaining points would all apply equally to most sites on the southern urban fringe of Leamington Spa.

Suggest that consultation to date has focused on the justification for the use of such sites, as opposed to the evaluation of potential sites generally which is an inherently flawed approach.

The local planning authority must properly justify allocation of the site in favour of other sites.

The actual density for this development site (after allowing for necessary open space to form a barrier between the development and open countryside) will most likely be in excess of 35dph which is inconsistent with the Council's policy on housing density.

Impact on Golf Club:

The impact of the proposed development site on the Golf Club has not been evaluated in any depth.

If housing development is proposed on the land at Fieldgate Lane/Golf Lane, there is a propensity for stray golf balls to cause considerable damage and annoyance to those new residents, their property and the impact on them enjoying the gardens for children and social activities within their own curtilages.

This may may have an undesired effect on the commercial operation of the golf course through the very real possibility of creating a statutory or private nuisance of straying golf balls from the Golf course site.

Due to the current layout of the course and the absence of a 'tree screen' adjacent to the proposed development site, incidents of damage would be far more prevalent. This poses a significant and understandable concern to the Golf Club as the associated costs would be considerable.

It is settled law that an environmental prosecution or abatement action can still be pursued, for example by the District Council against an established outfit such as the Golf Club, which precedes any development.

Highway:

The road network in the immediate vicinity and beyond the land at Fieldgate Lanel Golf Lane is not sufficient to withstand the additional traffic proposed.

The proposed mitigation measures and speed reduction proposals for this site are essentially flawed.

Little can be done to improve local highway infrastructure that is crucial to ensure that impact from any proposed development can be negated sufficiently.

No reference is made to the issue of constricted capacity as a result of on street parking which seriously impeded access to the proposed development and is prevalent in the vicinity to the development.

It is a matter of fact as to the current capacity of the local road network surrounding the land at Fieldgate Lane/Golf Lane.

The District Council accepts these roads are struggling to cope with the current capacity and in particular the Tachbrook Road/Harbury Lane Junction already has heavy traffic loads which result in long delays.

The District Council is acutely aware of this and any further development will compound the current situation.

The District Council has failed to address how it will overcome the impact on the existing infrastructure given that there is real and credible concern on the inability to deliver sustainable development in Fieldgate Lane.

Further, the level of contributions that would be needed in order to make the suggested highway infrastructure improvements feasible (if this can be shown to be possible which we strongly dispute) may in any event not be viable.

The current transport infrastructure the land at Fieldgate Lane/Golf Lane clearly cannot cope without sustainable solutions (NPPF para 29) to accommodate additional need to travel (There is limited scope for this).

The District Council has not addressed how to deal with additional demand that will be generated by the preferred option to allocate the land at Fieldgate LanelGolf Lane, given that there is currently an identifiable traffic and road safety problem.

Previous Local Plan Inquiry Report:

The Inspector's Report on the objections to the Warwick District Local Plan 1996-2011 agreed that this area is not suitable for development. Fieldgate Lane I Golf Lane is identified for development purposes as an area of restraint; this development would go some way and set a precedent for infilling between the two urban areas which would eventually merge.

The Inspector agreed that the development off Golf Lane "would be clearly seen from southern parts of Whitnash where the land contributes to the rural setting of the town". He goes onto say "it would also, I feel, be intrusive in long range views from east of the railway line."

The Inspector further agreed that the land has a role to play in the structure and character of this part of Whitnash and helps to prevent urban sprawl. In his overview the Inspector specifically states that the Land at Golf Lane sites should not be allocated for housing.

Do not see how the factual situation has changed since the Inspector made his findings.

Such an allocation will need to be evidence based - particularly in light of the fact the Council is going against planning inspectors' findings.

Great Crested Newts

Great Crested Newts have been identified within the vicinity of the land at Fieldgate Lane/Golf Lane. There is therefore a significant chance of the presence of these protected species on the land at Fieldgate Lane/Golf Lane.

If the Council is minded to approve development at Fieldgate Lane/Golf Lane then appropriate measures need to be taken to comply with all statutory obligations.

Case Law requires that a Planning Authority must be satisfied that conditions attached to a planning permission must provide the requisite protection. Should the council be concerned that development is likely to offend Article 12(1), by say causing the disturbance of a species, then it must also consider the likelihood of a licence being granted by Natural England to require a plan of action to mitigate any impact on these protected species.

Miscellaneous:

The local services such as fire, police and the hospitals are all currently located north of the river and would find it difficult to access the site given the traffic impediment at present.

These services may be further stretched and even more difficult to access with further development of the area.

The local facilities such as schools, libraries and open spaces and other infrastructure, will struggle with the impact of proposed development.

The District Council has not identified how it proposed to mitigate any such impact.

The District Council is put to proof.

The character of the area in Whitnash will be severely altered by the urban sprawl proposed. Currently the areas identified provide a green area between towns which is enjoyed by local residents.

The proposed development site would destroy the open countryside of Whitnash and demonstrate overdevelopment in an unsustainable location in many respects, as identified above.