Object

Publication Draft

Representation ID: 65310

Received: 25/06/2014

Respondent: Mr Peter Kerr

Legally compliant? Yes

Sound? Yes

Duty to co-operate? Yes

Representation Summary:

The current wording in the draft Local Plan is based on a "Masterplan" that is not yet available for viewing and so current legislation, including the 1984 Act of Parliament, should be used.

Full text:

Part of CT7, in particular that relating to Warwick Racecourse/St. Mary's Lands, seeks to introduce into formal Warwick District Council policy, (in relation to the "Masterplan" mentioned which is not available to read), a concept that has not yet been put to the general public, this as the promised "public consultation" has not yet taken place. It also seems to allow the New Local Plan to override the previously agreed, (after public consultation), policy now in place for St. Mary's Lands, and possibly an existing Act of Parliament, the Warwick District Council Act 1984. CT7 therefore, (in relation to St. Mary's Lands), should be altered to exclude any reference to Warwick Racecourse for the following reasons:
The "Masterplan" as Mentioned: This is a document not yet available for viewing by the public, (although there is a Report prepared on behalf of Warwick Racecourse, a tenant of WDC, which might be used as a prototype), and hence not released to WDC ratepayers and probably not to all WDC elected councillors. If the new "Masterplan" is based on the aspirations of one WDC tenant, without first giving all WDC elected councillors the opportunity to comment, it would be disrespectful to those elected councillors. (Para. 3.1.42 specifically states that the "Masterplan" is to "ensure the ongoing vitality and viability of the Racecourse"). Such a clause, if based on the Warwick Racecourse wishes, could place the requirements of a WDC tenant above, (and possibly to the detriment of), that of WDC ratepayers. The current wording therefore includes a commitment to something not yet produced, and thus seems inappropriate for inclusion in The Local Plan. It is requested that references to the as yet unpublished "Masterplan" be removed.
The Warwick District Council Act 1984: No mention in CT7 of the New Local Plan is made of the 1984 Act of Parliament, (and accompanying Definitive Map), which is the legal documentation currently in force relating to how St. Mary's Lands should be used. From some previews of parts of a possible "Masterplan", it seems possible that implementation of some of the schemes intended would contravene the 1984 Act. By replacing the term "Masterplan" with "Warwick District Council Act 1984" that current legislation would be used.
Possible Pre-determination of a Future Planning Application: Para 3.1.42 also includes "visitor accommodation", (not specifically included in the 1984 Act), alongside items such as recreation, leisure and horse racing which are. This clause could leave WDC open to accusations that they are pre-determining any future planning application for the building of "visitor accommodation" on the land. Therefore, such a reference should be excluded so that any such future planning application can be considered on its own merits and not be influenced by a WDC policy document.