Object

Representation ID: 66608

Received: 27/06/2014

Respondent: Richborough Estates Ltd

Agent: Strutt & Parker

Legally compliant? Yes

Sound? No

Duty to co-operate? No

As a consequence of the proposed change to Policy DS6 referred to above, the reference in Policy DS7 to a housing requirement of 12,860 needs to be amended to read as a minimum 12,960 new homes between 2011 and 2029 accordingly.

Whilst we agree with much of the strategy for the delivery of housing across Warwick District, it is considered that the WDLP does not provide sufficient flexibility for the delivery of the proposed housing, to the extent that this part of the plan is not justified and its effectiveness would be compromised as a result. As noted above, paragraph 14 of the Framework requires the WDLP to have sufficient flexibility to adapt to rapid change. It must therefore be able to robustly demonstrate that it is capable of delivering its housing strategy. The successful delivery of housing is fundamental to the effective implementation of the Plan. Failure to maintain a supply of land to deliver new homes throughout the life of the WDLP compromises its compliance with the national planning policy.

The Framework and supporting online Planning Practice Guidance makes clear that Local Plan housing requirements should be informed by a full objective assessment of overall housing need of the housing market area which is to be set out in an up-to-date Strategic Housing Market Assessment ("SHMA"). Recent case law2 also confirms that the full objectively assessed need should leave aside policy considerations, placing an emphasis on LPAs to ensure that overall housing need is not constrained by development plan policies.

The Coventry and Warwickshire SHMA was published November 2013 and its primary purpose was to guide, inform and support the development of planning and housing policies. Its preparation sought to respond to the requirements of the Framework and the Statutory duty to cooperate in progressing strategic planning issues across local authority boundaries (paragraph 1.3). Section 7 considers the future housing needs for the Coventry and Warwickshire sub-region with reference to a number of scenarios. Section 11 of the SHMA concludes that the overall housing requirement for the subregion equates to 3,750 dwellings per annum ("dpa") for the period 2011 to 2029.

We are aware that Richborough is part of a consortium of housebuilders and strategic land promoters who commissioned Barton Willmore to carry out an independent objective assessment of housing need across the Coventry Sub-Region. The primary purpose of the study is to determine whether the WDLP is planning for a sufficient quantum of new housing going forward. In summary, the Study concludes that for the Coventry and Warwickshire sub-region a minimum housing requirement of at least 5,100 dpa is required over the course of the Plan period (2011-2029). In respect of Warwick District, the Study demonstrates a requirement for 900 dpa - 18,000 dwellings between 2011-2031. It is submitted that the level of housing advocated by the Barton Willmore Study is significantly above that identified within the Coventry and Warwickshire SHMA.

According to the LPAs evidence base3, it cannot demonstrate a five year supply of housing land. The supply as at February 2014 - calculated using the previous WDLP housing figure of 12,300 - was 2.8 years. Adjusting this figure accordingly to reflect the assessed need at 720 dwellings per annum (12,960 dwellings) now being planned for reveals a District housing land supply equivalent to 2.6 years. In the context of being able to demonstrate a five year rolling housing land supply from the point of the Plan's adoption, it is considered that the WDLP is not presently sound. It is considered that an added complication to this existing position is that the strategic allocations in the WDLP are dependent upon major infrastructure. Equally, as explained below, the delivery of the strategic allocation at Thickthorn is not entirely certain. As such, the WDLP must address the consequences of a possible shortfall in housing land supply, including possible contingency arrangements in order to be found sound. This was a strategy that was followed by Rugby Borough Council in its now adopted Core Strategy and given that that Council can no longer demonstrate a five year housing land supply principally due to the delay in bringing forward a major strategic allocation, then similarly the WDLP should incorporate flexibility into the strategy to bring forward additional housing sites if the need arises.

The WDLP's current response is for a review or partial review of the Plan if the monitoring evidence indicates that the plan is out of date. It is submitted that critical to any flexible policy to deal with rapid change is the matter of a trigger for when such remedial action would have to be started. The consultation draft Plan makes no such provisions. Moreover, there is no provision within the Plan for a quick and less complex method of dealing with these deliverability problems that may arise. Delays to or even the failure to deliver any of the strategic urban allocations would mean that alternative housing land needs to be provided elsewhere in the District. Given that much of the District is subject to Green Belt policy it is submitted that the WDLP needs to clearly provide for a mechanism to release development sites as and when they are required.

Specifically, in the context of Kenilworth a delay in finding a satisfactory new home for Kenilworth Rugby Club ("KRC") will prevent Thickthorn from being planned and developed comprehensively. It is submitted that no prudent developer or strategic land promoter would be willing to progress the site, even to outline application stage, without certainty surrounding vacant possession for the land controlled by KRC.

It is clear that the LPA has done a considerable amount of work analysing windfall and has placed a heavy reliance upon it. As such, there is some flexibility in the Plan for additional housing development if slippage were to occur to the anticipated delivery rates for the strategic sites. However, it is submitted that as currently drafted the Plan accounts for 12,964 homes to meet the identified housing requirement of 12,960 homes. An overprovision of housing - 4 homes - suggests that the LPA is not planning positively. Accordingly, it is submitted that the Plan requires further flexibility.