Re: Kenilworth Neighbourhood Development Plan - Application for Neighbourhood Area
Designation
Dear Sirs,
Gladman Developments Ltd (Gladman) specialise in the promotion of strategic land for residential
development with associated community infrastructure. This letter provides Gladman's
representations on the application made by Kenilworth Town Council for the designation of a
Neighbourhood Area, for the purposes of preparing a Neighbourhood Development Plan.
At this stage Gladman have no specific comments to make on the application for the Neighbourhood
Area designation. However, as the first formal stage of preparing a Neighbourhood Plan, Gladman
would like to take the opportunity to comment on the Kenilworth Neighbourhood Area application to
highlight a number of key requirements to which the development of the emerging Neighbourhood
Plan should have regard. Gladman wish to participate in the Neighbourhood Plan's preparation and
to be notified of further developments and consultations in this regard.
Neighbourhood Plans - Guidance and Legislation
The National Planning Policy Framework (The Framework) sets out the Government's planning policies
for England and how these are expected to be applied. In doing so it sets out requirements for the
preparation of neighbourhood plans and the role these should take in setting out policies for the local
area. The guidance set out in the Framework has now been supplemented by the recently published
Planning Practice Guidance (PPG) on Neighbourhood Plans.
Paragraph 16 of the Framework sets out the positive role that Neighbourhood Plans should play in
meeting the development needs of the local area. Its states that:
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"The application of the Presumption (In Favour of Sustainable Development, set out
in paragraph 14 of Framework) will have implications for how communities engage
in neighbourhood planning. Critically it will mean that neighbourhoods should:
 Develop plans that support the strategic development needs set out in Local
Plans, including policies for housing and economic development;
 Plan positively to support local development, shaping and directing
development in their area that is outside of the strategic elements of the Local
Plan"
Further guidance on the relationship between Neighbourhood Plans and strategic policies for the
wider area set out in a Council's Local Plan is included in paragraph 184 of the Framework:
"The ambition of the neighbourhood should be aligned with the strategic needs and
priorities of the wider local area. Neighbourhood Plans must be in general conformity
with the strategic policies of the Local Plan. To facilitate this, local planning
authorities should set out clearly their strategic policies for the area and ensure that
an up-to-date plan is in place as quickly as possible. Neighbourhood Plans should
reflect these policies and neighbourhoods should plan positively to support them.
Neighbourhood Plans...should not promote less development than set out in the Local
Plan or undermine its strategic policies".
Before a Neighbourhood Plan can proceed to referendum in must be tested against the
Neighbourhood Plan Basic Conditions, set out in paragraph 8(2) of Schedule 4B of the Town and
Country Planning Act 1990 and further detailed in paragraph 065 of the Neighbourhood Plan PPG.
These Basic Conditions are:
a) Having regard to national policies and advice contained in guidance issued by the
Secretary of State it is appropriate to make the neighbourhood plan
b) Having special regard to the desirability of preserving any listed building or its
setting or any features of special architectural or historic interest that it possesses,
it is appropriate to make the order
c) Having special regard to the desirability of preserving or enhancing the character
or appearance of any conservation area, it is appropriate to make the order
d) The making of the neighbourhood plan contributes to the achievement of
sustainable development
e) The making of the neighbourhood plan is in general conformity with the strategic
policies contained within the development plan for the area of the authority
f) The making of the neighbourhood plan does not breach, and is otherwise
compatible with, EU obligations
g) Prescribed conditions are met in relation to the plan and prescribed matters have
been complied with in connection with the proposal for the neighbourhood plan
If a Neighbourhood Plan is not developed in accordance with the Neighbourhood Plan Basic Conditions
there is a real risk that it will fail when it reaches Independent Examination.
Relationship with Local Plans
To meet the requirements of the Framework and the Neighbourhood Plan Basic Conditions,
Neighbourhood Plans should be prepared to conform to up-to-date strategic policy requirements set
out in Local Plans. Where an up-to-date Local Plan has been adopted and is in place for the wider
authority area, it is the strategic policy requirements set out in this document that a Neighbourhood
Plan should seek to support and meet. When a Local Plan is emerging or is yet to be found sound at
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Examination, there will be lack of certainty over what scale of development a community must
accommodate or the direction the policies in the Neighbourhood Plan should take.
The Warwick District Local Plan was adopted in September 2007 and covers the plan period 1996 -
2011, its policies are therefore time expired and out-of-date against the requirements of the
Framework.
Gladman note that the Council submitted its emerging Local Plan to the Secretary of State for
Examination in January 2014. Initial Hearings took place in May 2015 focusing on Duty to Cooperate
(DTC), the overall provision for housing and the supply and delivery of housing.
The Inspector published his initial findings on 1st June 2015 and found that the Plan is not sound in
terms of the overall housing provision and the supply and delivery of housing land. The Inspector states
'Whilst I recognise the benefits of having an adopted Local Plan in place as soon as possible, this cannot
be at the expense of having a sound plan.'
The Inspectors concerns revolved around the substantial unmet need arising from Coventry, and that
given no other authorities argued that there were constraints which would prevent the need to be
delivered in full, it should therefore be delivered in full. Furthermore, the Inspector found that there
was insufficient evidence to support the Council's land supply to meet its housing requirement and
that the Council were unable to identify a 5 year supply of housing.
The Inspector stated that given the findings he is only able to recommend non-adoption of the Local
Plan or the plan to be withdrawn. Gladman therefore question how the Kenilworth Neighbourhood
Plan can progress at this time when there is no up-to-date, robust strategic policies for the wider area,
nor will there be for some time.
Although the Neighbourhood Plan PPG indicates that Neighbourhood Plans can be advanced before
an up-to-date Local Plan is in place, Gladman would strongly question the ability of the Neighbourhood
Plan to be prepared on this basis. Given the Inspector's initial findings it cannot be considered sound
to prepare a Neighbourhood Plan on the provision of policies found to be significantly flawed and outof-
date. The strategic policies and development requirements for the villages will likely change, a
Neighbourhood Plan cannot be consistent with the requirements of the Framework or meet the
Neighbourhood Plan Basic Conditions if it is progressed on a development plan which is out of date.
Progressing with a Neighbourhood Plan at this time would effectively pre-empt the strategic policies
for the wider area and would therefore be in direct conflict with basic condition (e).
Neighbourhood Plan Policies and Proposals
In accordance with the Neighbourhood Plan Basic Conditions, Neighbourhood Plan policies should
align with the requirements of the Framework and the wider strategic policies for the area set out in
the Council's Local Plan. Neighbourhood Plans should provide a policy framework that complements
and supports the requirements set out in these higher-order documents, setting out further, locallyspecific
requirements that will be applied to development proposals coming forward.
The Framework is clear that Neighbourhood Plans cannot introduce polices and proposals that would
prevent development from going ahead. They are required to plan positively for new development,
enabling sufficient growth to take place to meet the strategic development needs for the area. Policies
that are clearly worded or intended to place an unjustified constraint on further sustainable
development taking place would not be consistent with the requirements of the Framework or meet
the Neighbourhood Plan Basic Conditions.
Communities should not seek to include policies in Neighbourhood Plans that have no planning basis
or are inconsistent with national and local policy obligations. Proposals should be appropriately
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justified by the findings of a supporting evidence base and must be sufficiently clear to be capable of
being interpreted by applicants and decision makers. Policies and proposals should be designed to add
value to policies set out in Local Plan and national guidance, as opposed to replicating their
requirements. The community should liaise with the Council's planning team to seek advice on the
appropriateness of the Neighbourhood Plan's proposals.
Sustainability Appraisal/Strategic Environmental Assessment
The preparation of a Neighbourhood Plan may fall under the scope of the Environmental Assessment
of Plans and Programmes Regulations 2004 (SEA Regulations) that require a Strategic Environmental
Assessment (SEA) to be undertaken where a Plan's proposals would be likely to have significant
environmental effects. The requirement to undertake an SEA will be dependent on a Neighbourhood
Plan's proposals, but is likely to be necessary where a Plan is proposing specific allocations or site
designations.
In accordance with Schedule 1 of the SEA Regulations, a Screening Assessment of a Neighbourhood
Plan's proposals should be completed to assess whether an SEA must be prepared. Where an SEA is
required this should be commenced at the earliest opportunity, alongside the preparation of the
emerging Neighbourhood Plan, to ensure the Neighbourhood Plan's proposals have been properly
considered through the SEA process, and appropriately justified against other reasonable alternatives.
Where an adequate SEA has not been undertaken a Neighbourhood Plan is unlikely to meet the
Neighbourhood Plan Basic Conditions.
Although Neighbourhood Plans do not require a Sustainability Appraisal (SA) of their proposals,
preparing an SA can help to show how a Neighbourhood Plan will contribute to the achievement of
sustainable development, a Neighbourhood Plan Basic Condition. Where an SEA is required, extending
this assessment to the preparation of an SA in unlikely to require significant additional input.
The Council's planning team will be able to advise on the likely need for an SEA of the Neighbourhood
Plan's proposals. To be compatible with EU obligations, further appraisals, such as a Habitats
Regulations Assessment, may also be required depending on local circumstances.
I hope you have found this letter to be constructive. Should you have any queries in relation to our
response please do not hesitate to contact us.