Relevant Issue & Strategic Objectives

There is no mention of the role of parking spaces and charges in maintaining the viability of town centres.

I am writing in support of the general principles outlined in the new Local Plan.

As owner of the Warwick Arms Hotel in Warwick High Street it is encouraging to see that a priority is "to protect existing visitor accommodation within or adjoining the Districts three town centres unless it can be demonstrated that the use is no longer viable or suitable "

I look forward to being contacted as part of the Visitor and Tourism Strategy Action Plan currently under preparation as mentioned under "other options". I am convinced that this will conclude that there is no "lack of adequate accommodation" in the District.

Furthermore I trust it will highlight the fact that many accommodation providers in the District,often in heritage buildings (essential to the town centre street scenes which attract tourists)need the same level of protection from edge of town Budget Hotels as the retailers referred to in PO3...."we will protect our existing retail uses in town centres and strongly resist any out of town centre proposals that may come forward.

I am writing in support of the general principles outlined in the new Local Plan.

As owner of the Warwick Arms Hotel in Warwick High Street it is encouraging to see that a priority is "to protect existing visitor accommodation within or adjoining the Districts three town centres unless it can be demonstrated that the use is no longer viable or suitable "

I look forward to being contacted as part of the Visitor and Tourism Strategy Action Plan currently under preparation as mentioned under "other options". I am convinced that this will conclude that there is no "lack of adequate accommodation" in the District.

Furthermore I trust it will highlight the fact that many accommodation providers in the District,often in heritage buildings (essential to the town centre street scenes which attract tourists)need the same level of protection from edge of town Budget Hotels as the retailers referred to in PO3...."we will protect our existing retail uses in town centres and strongly resist any out of town centre proposals that may come forward.

The County Council, under the Localism Act 2012, has a "duty to co-operate". The duty to co-operate requires councils to 'engage constructively, actively and on an on-going basis' on issues relevant to statutory plans. Therefore, we will assist in the plan making process and infrastructure planning on an on-going basis.

We welcome the vision and direction of the local plan to create sustainable communities and a quality environment for all those who live and work in the District.

As well as our statutory duties our view is also set out in the context of the County Council's vision contained in the "Going for Growth" paper approved in April 2012. The purpose of this paper was to identify how the County will embrace the coalition government's twin primary aims of reducing deficit and securing growth in this challenging period of public sector austerity. The "Going for Growth" paper sets out how we will assist in stimulating and influencing the business and economic environment (with the necessary educational, skill development and community ambitions) to deliver 'growth' for Warwickshire.

In respect of indicating support for any particular development Option: our view is that there should be a right balance of sites that support growth. Therefore, it is a matter for the District Council, to satisfy itself and strike the right balance, in respect of deliverability, viability and sustainability and supporting infrastructure required to deliver each option.

The planning issues and policies contained in the "Preferred Options of the Local Plan" will impact at differing levels on the County council's corporate responsibilities, particularly economic, transport, support for the elderly and extra care housing, library services public health, gypsies and travellers and education. The Director of Public Health has already responded directly to you on the consultation and evidence.

The key values contained in the "Going for Growth" paper are stated below in emboldened text and their implications for planning and landuse policy is explained in the embolden text below:

* Our social investment will contribute to a county where the will compare well to other British communities.

We will look for planning policies that support technological Infrastructure and in particular in rural areas. We will support the strategic employment sites of the strategy.

* With a sense of mutual ownership of public services (the Warwickshire Shareholder).

We will support positive planning policies that embed co-location of services with the voluntary sector, private sector providers and other public bodies.

* We will achieve a discernible reduction in inequalities in social, economic, health and well-being regardless of age disability or culture.

This applies to access to goods and services for local residents including adequate provision for gypsies and travellers.

Planning policies on extra housing and affordable is provided with the necessary long term supporting services. We will support proposals and policies for co-location of services.

* A vibrant economy will produce high quality job offers in Warwickshire, raising the skill levels in the overall workforce so that we are as productive and competitive as the best in the Country.
* Warwickshire will be a place which looks actively at the best practice from other places - international as well as national - to develop innovative and entrepreneurial solutions. Our economic well-being will be measured by international comparison not simply against "West Midlands" regional standards. Our urban town centres will punch above their weight when compared with similar sized English town centres and our rural infrastructure will be amongst the best in the Country.

We will support planning policies that support a competitive economy for inward investment.

Warwick and Stratford upon Avon are international destinations and make a significant contribution to the economy of the region and sub region.

Therefore, we will support planning policies that support and sustain the key town centres.

* Our growth plan will attract people to live and work in Warwickshire as a specific choice. There will be a strong brand image, underpinned by a recognition that this as one of the best places in the Country to live and work.

Our strategic policies contained in the Local Transport Plan and Growth strategies support the improvement and the provision of strategic infrastructure such as junction improvements to strategic highway network and provision of new railways stations.

* There will be a strong Health and Well-being ethos about the quality of lifestyle we are encouraging.....where the brand "Warwickshire" will be directly associated with a health-focussed lifestyle supported by the health infrastructure to match.

The National Planning Framework requires Local Plans to include policies for health and well-being. The County Council is also responsible for Public Health and we would seek overarching planning policies in the Local Plan that support health and well-being as part of new developments in the District.

We are committed to delivering the best possible health and wellbeing outcomes for everyone, helping people to live Warwickshire.

Planning for health is important not only from a legislative perspective, but
also in relation to costs. Promoting healthy lifestyles, avoiding health impacts
and tackling health inequalities throughout the planning process could result
in major cost savings to society. There is significant evidence on the effect that spatial planning has on community health and well-being and spatial planning policies can address local health inequalities and social exclusion. Some local authorities have adopted planning policies to promote the health and well-being of residents through development management. The Local Plan can contribute to health and well-being in the following way:-

* The quality and opportunities of the local environment is a contributory factor in shaping health.
* Transport and traffic, access to public transport, lack of open space and where we shop for food are just a few examples of how the built environment influences our physical and mental health.
* Planning can positively affect the health of residents by shaping and influencing the layout and the open spaces in between developments and securing investment for the public realm.
* For example, planning policies can include; design requirements for housing layouts to encourage safe and pleasant walking short distances to amenities and services.
Developer obligations can be used to build infrastructure such as healthcare facilities, parks or cycling routes. There should be an overarching policy that promotes health and welling for communities in the District area. Spatial planning policies can promote and provide opportunities for healthier lifestyles.

It is against the above background that the comments are made to the specific questions. This letter contains an amalgamated response from various services. Whilst we have endeavoured to bring together as many responses as possible to assist you in the development of your Core Strategy, please be aware that there may be other services that may have comments to make at subsequent consultation periods as the process moves forward.

We wish to make detail comments on the Infrastructure Delivery Plan by mid-September. However, our general comments are set out below:

Comments in relation to adult social care and specialists housing needs.

Preferred Option 6 (PO6) Mixed Communities & Wide Choice of Homes

Para 7.5.3.
C. Homes for Older People should also include homes that include the needs of local older people, adults and children with disabilities and other local vulnerable people who need care and support. Therefore, this policy should include provision for; extra care housing and supported living accommodation suitable for adults/children with disabilities.

Para 7.5.8.
The Local Plan should provide clarity on the difference Use class C2 and C3 Usage Class. All too often we are seeing the C2 Usage Class applied to individual dwellings, which seem to become institutional if they are providing independent living solutions to vulnerable adults, e.g. McCarthy Stone development in Southbank Road, Kenilworth.

Extra care housing and use class C2 and C3

There is currently some uncertainty about the precise the definition of the different care market sub sectors, including that of 'Extra Care'. Extra Care may be defined as a scheme where occupiers have their own self-contained apartment or living space(s), and generally do not wish to live entirely by themselves without access to care, but do not require either, constant care. Such occupants would have the option of purchasing, as their needs require or are determined varying degrees of domiciliary care.
In terms of which use class order Extra Care falls within, its widely recognised definition, particularly regarding the varying degrees of care provided to residents, has led to debate over whether it comes under C2 Residential Institution or C3 Dwelling Houses.

The issue here is that care homes and extra care housing - both offer long term care solutions - but the preferred model (and this is the view of older people) is independent living (use class C3) with access to 24/7 care rather than admission to residential care (use classC2). We are seeing the market over providing ie residential care homes delivered ahead of extra care housing. If the number of residential care beds introduced to the market hits the predicted number of overall required care places (extra care housing and residential care), planners are likely to argue that there is little need for extra care if the residential care market has already delivered the required/reported numbers

Housing polices within the Local Plan should, therefore, clearly set the distinction between the class uses and also address how those needs will be met.

Demand for Extra Care housing
Based on the 2001 census Warwick District Council will need to provide 1197 units of extra care housing of which 299 should be "social rented" extra care housing. The latter figure should be form about 10-15% of the affordable housing numbers for the District.

Draft Infrastructure Plan
4.4.1.
The first sentence could be re-written to read as "Adult Social Services are mainly concerned with adults and older people with physical and/or learning disabilities and/or mental health problems"

4.4.4.
The last sentence should read as "Residential care accommodation is..."

4.4.5.
May be better to refer to "older people and adults" rather than "...elderly and non-elderly people..."

4.4.6.
This needs to reflect the current 50/50 service model promoted by the County Council, i.e. a model where 50% of people who would normally go into residential care are diverted into extra care housing.

4.4.13.
The suggestion that "Housing accommodation...for people with learning or physical disabilities will be met as the need arises" needs to be clearer.

At present only a limited number of people with learning disabilities are afforded the opportunity to live independent and meaningful lives with choice and control over where and who they live with. Instead, many have their lives constrained by having to live in residential care where individual outcomes do not generally improve. With approx. 300 people with learning disabilities currently living in residential care in Warwickshire, the overall programme intention is to deliver no less than 200, 1 and 2-bedroomed apartments that are suitable for adults with learning disabilities, including an initial short term target of an average of 25 apartments per annum between 2011 and 2015 in line with the County Council's Transformation agenda.

There are about 227 people with learning disabilities in the Warwick District, some are living in extra care accommodation and the others with their main carer (this could be parents or partner). Some residents are living in "hard to let" properties and can be victims of abuse and hate crime. These specialists accommodation would provide suitable and safe accommodation for these vulnerable residents.

General comments:
The District Council needs to include both anecdotal and specific needs analyses from a range of partners, such as local GPs, CCG, NHS Warwickshire and WCC. All these partners directly support and commission services for vulnerable people with a range of health and social care requirements, and these factors need to be considered when looking at overall housing provision.

Development Management and the consideration of planning applications for Care homes.

It is the joint view of the South Warwickshire Clinical Commissioning Group and the County Council as the Public Health and Adult social care providers that the District Council should consider bringing forward a Supplementary Planning Documents ( SPD) to secure the proper distribution of housing and the implications the potential residents have for supporting care and clinical services.

We are therefore request that a moratorium on C2 applications placed. We also recommend that there should be an introduction of a two-stage process to assess planning application on behalf, i.e. a preliminary panel at Pre-Application stage. This could be made up of WDC, WCC, CCG (inc. local GPs) and NHS to consider any specialised accommodation, particularly as the District continues to attract interest from private developers who are seeking to provide specialised accommodation clearly geared to attracting the private pound and/or an imported population. This has implications for both Health and Social Care as follows:

1. NHS Continuing Health Care budgets are being used to fund services for an imported population rather than local residents. These new (and expensive) care homes or housing developments provide an attractive solution to meeting the needs of the private funder, however, we are still seeing those who cannot afford these prices being moved away from their local communities to where services are available. There will also be a drain on local GP and Nursing resources as these new and sizeable care homes come on stream.
2. Extra Care Housing delivery is complex and continues to struggle when reaching planning and enabling stages as it becomes embroiled in local policies. Therefore there should be planning policy guidance to create the proper balance of C2 and C3 housing for the District.

Subject to the input from the "specialist care and clinical services" panel, a development proposal could then progress to formal application for planning consent.

Heritage and Culture matters

We support the District Councils Local Plan direction in safeguarding and enjoyment of our natural and historic environment together with the district's rich heritage and visitor economy. Our specific comments are:-

Section 4, we would welcome specific reference to the interdependency between the district's tourist offer and the safeguarding of its natural and historic environment, and the provision of heritage and cultural activities and venues.

Section 7, we welcome reference to the need to maintain and develop the heritage and cultural infrastructure to support the needs of new residents and to support new communities in developing a sense of identity and social cohesion.

Section 10 tourism and the quality of the built and natural environment are linked, therefore, the contribution of the high quality of the environment should be specifically stated in any policy to maintain the role of towns as visitor destinations.

Section 17, we feel that the introductory list of cultural venues should include museums and archives. The paragraph on "Seeking contributions" should include heritage and cultural facilities; as communities grow, the cultural infrastructure and activities programme needs the opportunity and financial framework to grow accordingly.

Archaeology
We welcome the acknowledgement given to the importance of the District's historic environment in para. 11.1. However, archaeology and the historic environment in some cases should be joined up.

The document refers to the 'built and natural environment', (e.g. para. 4.11.7, 4.12.14, 10.4, 10.6, 11.2). 'historic areas' or the protection of 'historic assets', these terms appear to be used interchangeably. We recommend that the references to 'built and natural environment' throughout the document be re-worded to reflect that the historic environment is made up of a wide range of different types of heritage assets (including archaeological features, historic landscapes etc), rather than just historic structures.

Para. 11.1 describes the historic environment in terms of statutory protected, designated sites, such as Listed Buildings, Scheduled Monuments etc, and locally important historic assets. There are also a number of archaeological sites across the District that are of national or regional significance but may be undesignated and the local plan should also recognise this
There are also several instances where references to the protection of historic structures (such as the references in PO11 to the submission of nationally important historic assets for listing, and the bringing back of Listed buildings into use), could be expanded to take into account other, non-built, heritage assets. For example, PO11 could be expanded to include the putting forward of nationally important archaeological sites for protection as Scheduled Monuments, not just historic structures for listing.

Further clarification is needed in PO11 by "support the understanding of the significance of Heritage Assets, by: There should be provision for appropriate research for all applications relating to the historic environment".

Further clarification is needed about the reference to the Planning Authority undertaking research for all applications relating to the historic environment, or reference to requiring any planning applications relating to the historic environment to be accompanied by an appropriate assessment of the likely impact that the proposal will have upon the historic environment, as per para. 128, of the National Planning Policy Framework (NPPF). We recommend the re-wording of this section of the document and assistance from the County's specialists can be provided.

Further clarification is needed about the term 'locally designated historic assets' in PO11. It is not clear whether this is referring solely to designated historic assets such as those included on 'Local Lists', or whether this is also referring to historic assets recorded on the Warwickshire Historic Environment Record (HER). We would recommend that reference is made to appropriately considering (and protecting if appropriate) all heritage assets as part of the planning process, whether designated or not, and that reference also be made to heritage assets recorded on the Warwickshire HER. We would also recommend that this policy acknowledge that there may be as yet unidentified heritage assets across the District which may be worthy of conservation, and which may also require protecting during the planning process.

The terms 'heritage assets' and 'historic assets' are used interchangeably throughout the document. We would recommend that the term 'heritage assets' be used in preference to 'historic assets' as this is the term used throughout the NPPF and other policy documents.

We support the reference in PO11 to the use of Article 4 directions to help protect the historic environment.

PO11 proposes protecting the historic through the submission of nationally important historic assets for listing. Not all heritage assets of national importance are listable, some may be better protected by being statutorily protected as Scheduled Monuments or included on the English Heritage 'Register of Historic Parks and Gardens of special historic interest in England'. This policy should reflect this.

We also suggest that indirect impacts of development on heritage assets should also be added to any criteria based policy, for example, the impact that a proposed development may have upon the setting of a heritage asset which may be outside of the planning application site. Whilst there is reference to setting in para. 11.9, this is only referring to the setting of Conservation Areas.

Chapter 11, Para. 11.6 should read 'putting them to viable uses consistent with their conservation'

We also note the intention to draw up Local Lists of heritage assets (PO11); There should be clear methodology for identification of appropriate sites on the basis of our Historic Environment Records data. There should be acknowledgement throughout the Local Plan that open space can support conservation of the historic environment as well as the natural environment.

The list of areas of historic or environmental importance in the District should include reference to "41 Scheduled Monuments". We would also recommend that reference be made to the significant number of undesignated heritage assets within the District which are recorded on the Warwickshire Historic Environment Record.

We welcome that Chapter 15: Green Infrastructure makes reference to the Warwickshire Historic Environment Record (including the Historic Landscape Characterisation and Historic Farmsteads studies) (para. 15.21), however, it is disappointing that no reference is made to these within chapter 11, which specifically deals with the Historic Environment. It should be noted that whilst para. 15.21 states that the District Council has the Historic Environment Record

Proposed development sites
The Strategic Housing Land Availability Assessment (which has informed the choice of preferred development sites included in the proposed Local Plan) should also assessed the impact that the proposed development of these sites could have upon the historic environment.

Whilst the assessment has identified statutorily protected sites on and within the vicinity of the potential development sites, however these have not considered a number of known un-designated heritage assets which the Council may also wish to consider. . These undesignated, heritage assets are of national significance and worthy of conservation. The assessment should also consider the historic landscape character of these areas.

In addition, as noted in our previous responses to the earlier Options paper of July 2008 and the 2009 "Proposed Submission Core Strategy" consultation, there will also be archaeological sites as yet undiscovered which will not be recorded on the HER, and even in areas where no archaeology has been recorded, evaluation may be required to confirm the presence/absence of remains. Consultation on a site by site basis will remain the best means of identifying archaeologically sensitive areas on the basis of current knowledge, as well as areas where archaeological potential will need to be assessed through more detailed work.

Since the individual allocations will need to take account of the impact upon historic environment we recommend that further work be undertaken to identify the issues in respect of the historic environment.

The selection criteria for the major development sites should also include for a thorough consideration of Historic Environment, and proper appraisal is undertaken and allowance made where necessary for preservation of sites of national Importance (in the sense of the 1979 Ancient Monuments and Archaeological Areas Act and the National Planning Policy Framework). We perhaps need a separate meetings to work on a systematic assessment of potential sites being put forward.

Tourism policy - general comments
We support the tourism policy of the Local Plan. Tourism is a significant sector of the overall economy within Warwick District and is recognised as a strategic priority within WDC's emerging Economic Development and Regeneration Strategy, it is recommended that Local Plan polices. Therefore, the District Council should also consider to referencing tourism as part of policy no P0 8 Economy and vica versa.

PO 8 Economy
We support the preparation of the Economic Development and Regeneration Strategy to provide a clear direction for growing and sustaining the economic position of the District Council area.

PO 17 Culture & Tourism
Rural broadband policies and policies for Culture and tourism should be cross referenced to promote the quality of the offer in the District.

It is therefore recommended that an introductory statement along the lines of Weston-Super-Mare might be more suitable:

"The Council will work with partners to support the development and retention of new and existing tourism facilities, for both business and leisure markets and promote their sustainable expansion across the District, whilst maximising their co-locational and cumulative benefits to:

* assist in regenerating our town centres by supporting growth of their retail, evening and night time economies by offering facilities and functions that could encourage spending within the wider areas;
* assist with development of green infrastructure corridors linking destinations and attractions for the benefit of both residents and visitors;
* improve the range, quality and distinctiveness of the District's tourism destination;
* provide high quality hotels and serviced and non-serviced accommodation formats and conferencing facilities;
promote the image and reputation of the District to attract visitors and secure investment."
Town centre tourist accommodation
We support the "town centre first" sequential approach for the further hotel accommodation. To support this and as an alternative, it is recommended that the Council consider the following policy wording:

Within the existing urban settlements of Warwick, Kenilworth and Leamington Spa, proposals that would result in the change of use hotels and tourist accommodation will be permitted unless:
* the proposed use or uses would reduce the overall capacity and attractiveness of Warwick, Kenilworth and Leamington Spa as tourism hubs and result in the loss of an otherwise viable hotel or tourist facility which would consequently harm the provision of tourist accommodation;
* the proposed use or uses would be incompatible with the surrounding area and businesses and would harm the character of the town centre;
* there would be no clear, additional benefits from the proposal in terms of improving the character of the area, the vitality and viability of the town centre and the economic and, cultural and environmental impact on the town as a whole.
Applicants seeking change of use away from existing hotel or tourist accommodation use will need to submit detailed evidence relating to the viability of the business and details of how the business has been marketed.

Rural accommodation

We support tourism in rural areas and we recommend that the Local Plan should have a specific policy to address expansion and re-development of existing tourism accommodation and tourism facilities within the Green Belt.

Accommodation not in permanent buildings
The District Council may wish to consider an additional policy to cover accommodation not in permanent buildings (i.e. camping, caravan and chalet parks). This type of accommodation can be damaging to the character of landscapes, and in rural areas the added light pollution can be intrusive. It is recommended that small scale developments should be supported in areas of open countryside or next to small settlements provided they are not prominent in the landscape and have high quality landscaping. The policy may choose to exclude locations in sensitive landscapes and areas prone to flooding.

Ecological & Geological
We welcome and support the strategic direction outlined in the Preferred Options document in relation to the Natural Environment and would like to make the following suggestions:

4. Spatial Portrait, Issues and Objectives
4.7 - Sites of Importance for Nature Conservation are now referred to Local Wildlife Sites. It is suggested that Local Geological Sites are also listed. You may wish also to consider using the Habitat Biodiversity Audit and the State of Biodiversity Report to provide a Spatial Portrait of the District's Biodiversity.
4.8 - You may wish to add climate change as a pressure in bullet point 9

7. Housing
7.5 - You may wish to add within the important issues a reference to the natural environment such as "Maintain access to the natural environment in both urban and rural settings to reap social, economic and well-being benefits".
PO4 Distribution of Sites for Housing: (A) Allocated Sites - we are aware of the habitat evidence submitted for the previous work on the local plan, but would suggest that a new model has been produced to measure Habitat Distinctiveness and Connectivity throughout Warwickshire, Coventry and Solihull. This approach is placed at the heart of the National Planning Policy Framework as a way to indicate 'sensitivity' of habitats within potential allocated sites and how the site acts within the ecological corridors. We would recommend that this approach is investigated as partners to the Habitat Biodiversity Audit with the knowledge that the habitat data is current and sound.

PO4 Distribution of Sites for Housing: (C) Development of Brownfield Sites - we welcome the comment relating the development having 'no serious impact on the amenity and environment of their surroundings'. However, brownfield sites can be e very important ecological sites in their own right so suggest that this aspect is noted in the future policy.

8. Economy
There is no reference to the relationship between a healthy environment and the economy. It is suggested that this link is made in the introduction to add weight and substance to subsequent paragraphs within the policy such as 8.15. For example a statement could be, "There are proven links between the natural environment and economics (National Ecosystem Assessment, 2010) through an Ecosystem Services approach. It is essential that these links are maintained and enhanced through both the placement and setting of commercial activities coupled with the retention of agricultural and silvicultural practices." Further pictorial reference to explain Ecosystems Service can be found in the National Ecosystem Assessment documentation.

9. Built Environment
We support the 'Sustainable Garden towns, suburbs and village' design guide as well as the Relevant Issues and Strategic Objectives.

10. Climate Change
It is recommended that more be added in relation to Climate Change Adaptation within the introduction to support the last bullet within the box titled PO12 Climate Change.
12.25 - 12.26 These paragraphs outline the impacts and issues relating to Climate Change Adaptation, however, it is felt that this topic could be expanded upon within future documents, e.g. an addition Supplementary Planning Document or equivalent. This additional document could promote green roofs, green walls and other ways to promote urban cooling etc. WCC Ecological Services is able to signpost you to a couple of other Local Authority documentation on this topic.

11. Transport
It is recommended that reference be made to the Natural Environment White Paper (2011) and the importance of transport networks and ecological connectivity assets.

12. Green Infrastructure
In our opinion we suggest that this chapter is well balanced and support its approach. It is suggested that additional references to Ecosystem Services, the Warwickshire Biological Record Centre and the importance of using up-to-date ecological and geological / geomorphological data is used is the assessment of development proposals. These should be added to the future policy and the Ecological Services are able to assist you with this advice, subject to resources.
By the time the future policy is formed the Sub-regional Green Infrastructure Strategy will have been produced for consultation and can be more fully referenced as a mechanism to deliver your objectives outlined in this chapter.

18. Flooding and Water
In relation to ecology it is recommended that there is future referenced to the safeguarding or promotion of natural flood alleviation areas at strategic sites within the district as short, medium and long term aspirations to assist with flood risk measure. We are aware that this may form part of the Catchment Flood Risk Management Plan (18.9) or fall within the Sustainable Urban Drainage Approving Body's remit, but would suggest that these strategic potentials should be particularly noted within the future policy. These sites could then be potential delivered through the biodiversity offsetting metrics (15.16).

It is also recommended that a further discussion be held regarding the assessment of allocated sites using latest modelling of habitat data.

Comments regarding minerals safeguarding
Para. 143 of the National Planning Policy Framework (NPPF) requires that in preparing Local Plans, local planning authorities should define Minerals Safeguarding Areas and adopt appropriate policies in order that known locations of specific mineral resources of local and national importance are not needlessly sterilised by non-mineral development, whilst not creating a presumption that resources defined will be worked; and define Minerals Consultation Areas based on these Minerals Safeguard Areas.

The British Geological Survey's 'Guide to Minerals Safeguarding in England' (October 2007) provides the following advice:

"A district DPD could include policies that set out the general approach the district will take when determining proposals for non minerals development within or close to MSAs or existing mineral workings. Such policies should acknowledge the procedures for consulting the MPA on the existence and extent of mineral resources present and considering the case for prior extraction of mineral where appropriate."

In June 2009, the British Geological Survey (BGS) completed a piece of work to delineate Warwickshire County Council's Mineral Safeguarding Areas (MSAs)/Minerals Consultation Areas (MCAs). The BGS identified the extent of individual mineral resources in Warwickshire and these, in turn, were used to develop safeguard areas for each mineral. WCC would suggest that these MSAs/MCAs are either identified on WDC proposals maps and/or a link is provided in the Local Plan to Warwickshire's Minerals Safeguarding webpages. This will help to ensure that minerals implications are taken into account as part of decision making for District planning applications.

We would request that where certain applications may potentially sterilise minerals deposits within an MSA, the District Council consults the County Council. If the County Council concludes that minerals reserves may be sterilised, the applicant may be required to submit a Minerals Survey to establish whether the reserve is economically viable. In some cases, the County Council may insist that prior extraction of the minerals is undertaken prior to the non-mineral development being carried out. It is considered that the inclusion of this procedural information will improve the effectiveness and deliverability of the policy.

In assessing the Preferred Options, it is noted that there appear to be sand and gravel deposits under the 'Whitnash East', 'West of Europa Way' and 'South of Gallows Hill' sites - see attached map (appendix A). It would be beneficial if a minerals survey was undertaken by the developer to determine the quality and depth of the resource and to establish the feasibility of prior extraction.

Waste
Policies for the development of major residential development sites should include waste management issues as part of the overall design of larger residential/retail developments. For example, provision for waste recycling/composting on site will ensure that waste is managed in accordance with the principles of proximity, self-sufficiency and the Waste Hierarchy. Furthermore, there is a need to provide adequate waste facilities for flats and apartments - see WRAP's 'Good Practice Guidance - recycling for flats' WRAP, available at http://www.wrap.org.uk/content/recycling-collections-flats.

It should also be noted that policy CS8 of the Warwickshire Waste Core Strategy (due for Submission in September 2012) seeks to safeguard existing waste management sites. At this stage, it is considered that none of the preferred option sites are likely to prevent or unreasonably restrict any waste sites. However, if necessary the Council may object to other proposals which may sterilise important waste facilities (e.g. those delivering significant waste management capacity to meet the County's landfill diversion targets). To prevent this, WCC intends to supply each District/Borough Council with its latest waste site information, possibly in GIS format, so that the County Council can be consulted on any proposals within reasonable proximity (e.g. 250m) of existing waste management facilities.

Customer Services/One Front Door/services that support communities and families.

The County Council is open to co-location, co-access, and co-servicing of support services including support for the elderly, vulnerable adults, and families , however, these services should be located or are accessible to communities they serve. Further for new development these key services should evolve with the phasing for large developments. One solution could be providing lay-bys with " electric hook up points" for mobile services (including a mobile shops) this would build up sufficient demand before most of the dwellings are built. Consequently, make communities and developments sustainable.

Transport and Planning matters
The key transport strategies are contained in Warwickshire Local Transport Plan 2011-2016. The County Council is already working with the District Council to assess the transport impacts of various development scenarios as part of our Strategic Transport Assessment work and will be responding directly on this and other relevant transport matters. The key matters are access and sustainability of the pattern of development for homes and jobs.

We support the direction and economic strategy of the Local Plan and we need to undertake further work on some key matters ie transport, archaeology and ecology matters.

1. Introduction & Background
We act as planning consultants for Barclays Bank plc ("the Bank") in respect of the Local
Development Framework (LDF) for the District and this letter forms the Bank's response to
the above consultation. As a long-established business, the Bank has made a substantial
contribution to the vitality and viability of the District's town centres over the years that it has
traded and as a significant stakeholder it is therefore concerned that development plan
policies should not fetter the important contribution that it makes to the vitality and viability of
those town centres. Through high attraction of footfall, financial services retailers generally
(and the Bank in particular) play a key role in promoting town centre health and as a result,
the provision of financial services should be allowed to improve and evolve alongside the
improvements to shopping provision envisaged over the proposed plan period. Banks should
not be subject to outmoded restrictive controls on their location, particularly as this is not
supported by Government policy or by any evidence, so there is therefore a need to review
existing policies that restrict such A2 uses in designated frontages or the Council will risk the
plan being found unsound.
2. Representations on the current consultation
The Preferred Options document sets out the Council's 'Strategy for the Future and
Sustainable Prosperity of Warwick District' (Paragraph 2.5), highlighting several 'Key
Principles' which include "facilitating the growth and development" of the local economy to
support a "dynamic, flexible" economy and "a commitment to maintain and promote thriving
town centres". Paragraph 4.8 refers to "the threat to the economic strength of the town
centres of Warwick, Leamington Spa and Kenilworth from retail and leisure developments
elsewhere", a matter highlighted in the 2011 consultation which also set out the Council's
intention to facilitate a level of retail and leisure growth that will meet existing and future
needs and "maintain and improve the vitality and viability of existing town and local centres".
P-07-289- Warwick LP PO Page 2 of 5 June 2012
Paragraph 4.10 sets out the Council's Objectives to address the identified Issues including
the intention to meet people's existing and future needs and maintain and improve the vitality
and viability of existing town and local centres. However, whilst the Council intends that the
Local Pan will identify the role of each of the town centres and plan for their future
management and growth, the plan omits a firm intention to review existing outdated local
plan policies. The Bank objects to that omission as it will result in a plan that is unsound,
particularly as the Plan acknowledges the need "to respond to the rapid changes taking
place" in the economy (Paragraph 8.5), emphasises the need for growth and flexibility
(Paragraphs 8.6 & 8.7) and recognises the requirements of the NPPF to plan proactively and
flexibly to respond to changes in the economy (Paragraphs 8.11 and 8.12). The Plan refers
to the Council's draft 'Economic and Regeneration Strategy' which identifies 6 priorities
including attracting investment and the growth of businesses (paragraph 8.17) and also to
the Key Ambitions of the 'Coventry & Warwickshire LEP' which include creating an
environment where businesses can thrive (paragraph 8.18). Section 9 on 'Retailing and
Town Centres' confirms the need to "maintain the economic strength of the town centres"
and the need for "a strategy for future management and growth of the town centres to meet
future needs". Despite this, Policy PO9 fails to facilitate either, compounding this by saying
nothing at all about reviewing existing outdated town centre policies.
The Council's background technical paper (March 2011) relating to 'Retailing and Town
Centres' refers to national planning policy in PPS4 and the need for enhanced consumer
choice through the provision of innovative and efficient shopping, leisure, tourism and local
services in town centres. It highlights the concerns in Leamington Spa about decreasing
levels of pedestrian footfall and the limited amount of investment that has resulted in the
town "losing its competitive edge". The paper notes that in Warwick there has also been a
decline in pedestrian footfall and a limited degree of retailer interest, resulting in a less than
vibrant and robust centre. In the current Warwick District Local Plan 1996-2011 Policies
TCP4 & TCP5 place arbitrary restrictions on non-A1 uses in primary and secondary
frontages but these measures have clearly failed to prevent the decline in footfall and the
consequent detrimental effect upon vitality and viability. The focus should be on the quality
of the occupier, not on maintaining an arbitrary level of a particular use class. The Bank
considers that the omission from the Preferred Options of a firm intention by the Council to
review out of date policies relating to shopping frontages is unsound, particularly as those
policies are in conflict with Government policy. We set out below the national policy
background that necessitates such a review if the Council is to produce a Development Plan
that is sound.
The National Planning Policy Framework (NPPF) re-emphasises the requirement for a
Development Plan to be "sound" when it is submitted for Examination and that in order to be
so it must be "Positively prepared, Justified, Effective and Consistent with National Policy".
The Government expects the local plan process to consider alternative strategies before
deciding upon the most appropriate, that decision being based on evidence to support the
choice (paragraph 182). The NPPF is clear that each LPA should "ensure that the Local Plan
is based upon adequate, up-to-date and relevant evidence" and that their assessments and
strategies "take full account of relevant market and economic signals" (paragraph 158).
On the matter of policy formulation the NPPF states that for plan-making:
* "local planning authorities should positively seek opportunities to meet the
development needs of their area"; and
* "Local Plans should meet objectively assessed needs, with sufficient flexibility to
adapt to rapid change" (paragraph 14).
P-07-289- Warwick LP PO Page 3 of 5 June 2012
The Government is clear that there should be a positive attitude to "proactively drive and
support sustainable economic development" and to "respond positively to wider opportunities
for growth". Plans should "take account of market signals" and the needs of business
communities (NPPF paragraph 17). "Planning should operate to encourage and not act as
an impediment to sustainable growth" and "significant weight should be placed on the need
to support economic growth through the planning system" (paragraph 19). Local Planning
Authorities "should plan proactively to meet the development needs of business" (paragraph
20) and "Investment in business should not be over-burdened by the combined requirements
of planning policy expectations" (paragraph 21). In drawing up Local Plans, local planning
authorities should set out a clear economic vision and strategy which "positively and
proactively" encourages sustainable economic growth; and should "support existing
business sectors, taking account of whether they are expanding or contracting". The NPPF
confirms that "Policies should be flexible enough to accommodate needs not anticipated in
the plan and to allow a rapid response to changes in economic circumstances" (paragraph
21). In his Foreword to the NPPF the Minister for Planning is very clear that "Development
means growth" and that "Sustainable development is about positive growth", emphasising
that "Planning must be a creative exercise in finding ways to improve the places in which we
live our lives". This reflects HM Treasury's commitment that "the default answer to
development is yes" in its ongoing 'Plan for Growth', which was launched at the time of the
Budget in 2011, reinforced in the 2012 Budget and now underpins the NPPF.
Keeping significant generators of footfall out of primary frontages will actively work against
the achievement of the Council's strategic objectives and is inconsistent with national policy.
The Council should recognise the positive impact that financial service retailers such as the
Bank have upon vitality and viability. The review of the local plan provides an opportunity to
examine new evidence and to revise out-of-date policy, particularly if it is not consistent with
national policy. Limiting certain Part A uses in the primary frontage undermines the Council's
intention to attract private sector investment in the town centre. The implication that only A1
uses are appropriate derives from very outmoded and discredited thinking that other uses
such as banks detract from the vitality and viability of town centres. By definition, uses that
fall within Part A of the Use Classes Order are appropriate in town centres as they are
"shopping area uses" and are acceptable without any need for restriction or qualification.
This is particularly the case for the financial services sector. ODPM Circular 03/2005
"Changes of Use of Buildings And Land" which accompanied the last major revisions to the
Use Classes Order specifically states in relation to the A2 Financial and Professional
Services use class (which was created to separate those uses "serving the public, from other
office uses not directly serving the public" - paragraph 32), that the Class is also "designed to
allow flexibility within a sector which is very much a part of the established shopping street
scene, and which is expanding and diversifying". The uses within Class A2 are noted as
being those "which the public now expects to find in shopping areas" (paragraph 38).
The wider role played by town centres than a pure shopping function has been recognised
throughout Government policy on town centres. Government Policy in PPS6, PPS4 and now
in the NPPF particularly emphasises the importance of economic growth and the promotion
of town centre vitality and viability. Paragraph 23 requires that "Planning policies should be
positive" and states that local planning authorities should "promote competitive town centres
that provide customer choice" and allocate a range of sites because it is important that
needs for retail, leisure, office and other main town centre uses "are met in full". The clear
message is that "local planning authorities should plan positively for their future to encourage
economic activity". In fact there is nothing in Government policy that recommends or
supports imposing restrictions upon acceptable town centre uses at all and indeed, as noted
above, paragraph 21 of the NPPF requires flexibility in policies in order to allow a rapid
response to changes in economic circumstances. It is therefore essential that Development
Plan policies should facilitate the positive approach required by the NPPF.
Promoting vitality and viability in town centres are objectives of the Government and the
Council. To succeed, town centres need to provide a full range of services and these often
need to be located in ground floor premises in accessible locations. Indeed, Class A2
retailers such as the Bank routinely experience very high levels of customer visitation,
contributing significantly towards pedestrian movement and therefore the vitality and viability
of town centres. The Bank has undertaken a number of comparative footfall surveys in
connection with its current acquisitions programme at its branches in various towns and
cities in the UK (copies are attached). These conclusively show that the level of footfall
associated with Bank branches is commensurate with, and often higher than, the best known
national multiple Class A1 traders.
Banks also have moved away from the traditional style of frontage, preferring to have an
open, visually interesting and attractive face to the 'high street'. The Bank has become
increasingly retail in its presentation and has introduced an innovative 'flagship' branch
design, which has been developed in association with its customers, to transform banking
into what it terms as "a retail focused experience". The Bank estimates that some 10 million
customers use its branches each week and through listening to their feedback, a design has
been developed that meets their requirements for modern banking and provides branches
similar in appearance and in operation to retail shops. This is an example of the "changes in
economic circumstances" that the NPPF recognises and to which all Local Plans must
positively and flexibly respond. Whilst the design of every new branch has to be flexible in
order to be sensitive to the requirements of each building occupied, the aim is generally to
ensure that over 70% of the internal space at ground floor is accessible to customers. The
Bank's managers regularly report that upon the opening of a 'flagship' branch the customer
visitation levels significantly increase and thus the level of activity helps to underpin
pedestrian flows to the benefit of surrounding traders. It is therefore important that planning
policy recognises the benefit of bank uses in fostering footfall and pedestrian activity and
that it should not resist much-needed investment by financial service retailers.
The Bank's footfall surveys have been a key element in helping to change attitudes towards
the presence of banks in core shopping areas and primary frontages. Even planning
authorities that once strongly resisted Class A2 uses in their primary areas have granted
permission for Barclays 'flagship' outlets. Examples of authorities that have recognised the
wider benefits of the 'flagship' design (following receipt of applications which have been
supported by evidence of high footfall), include Southampton, Reading, Manchester, Milton
Keynes, Romford, Southend, Leicester, Plymouth, Sheffield, Kensington & Chelsea and
Cambridge. Follow up surveys were carried out in 2010 at Milton Keynes, Southend,
Reading and Southampton (copies are attached). In every case the new 'flagship' branch
significantly increased footfall, confirming the Bank's beneficial effect on vitality and viability.
The Council's objectives will require major commitment and substantial investment by the
private sector. Pursuing restrictive policies to keep significant generators of footfall such as
the Bank out of primary shopping frontages will actively work against the achievement of
those objectives and is an outdated and discredited approach. The Bank therefore considers
that, in the light of its evidence, it imperative that the Council revises existing policies such
as TCP4 and TCP5 as they are neither consistent with National Policy nor Justified.
Proposed Policy PO9 does not do so and the Council's documents show no indication that it
has gone through an objective process and audit trail of assessing alternatives to those
existing policies, or that alternatives have even been considered at all. That is unsound.
3. Draft Infrastructure Plan
The Council has also invited comments on the Draft Infrastructure Plan as part of the current
consultation. As this document evolves into an Infrastructure Delivery Plan, the Council
should consider very carefully the balance between seeking contributions towards
infrastructure from proposed development and threatening the viability of that development.
P-07-289- Warwick LP PO Page 5 of 5 June 2012
The NPPF is clear that "Investment in business should not be over-burdened by the
combined requirements of planning policy expectations" (Paragraph 21) and that
development proposals "should not be subject to such a scale of obligations and policy
burdens that their ability to be developed viably is threatened". To ensure viability, any
infrastructure contributions sought should still allow for "competitive returns to a willing land
owner and willing developer to enable the development to be deliverable" (Paragraph 173).
4. Closing Comments
The Government has confirmed its commitment to HM Treasury's 'Plan for Growth' and it is
clear that the Council's objectives will require major commitment and substantial investment
by the private sector. In the light of our Client's evidence and the Government's
determination set out in the NPPF that planning policies and their implementation must
facilitate economic investment and growth, it is imperative that the Council uses the
opportunity of the preparation and revision of its Development Plan to ensure that its
planning policies in respect of bank and building society uses in designated shopping
frontages are consistent with National Policy and fully justified by robust evidence. Up-todate
development plans are an essential element in providing support for economic growth
and in taking Policy PO9 forward the Council must revise its current Local Plan retail policies
TCP4 and TCP5 to provide that support for investment by stakeholders such as our Client
and to ensure that the plan is sound. We trust that the Council will indeed take on board the
Bank's objections in the light of it being "keen to hear the views of all interested parties to
help us shape a draft Local Plan" and the confirmation that these Preferred Options "are not
a final set of proposals for the Local Plan" (Paragraph 3.3).
The Council's recognition of the need for significant private sector investment in the town
centres means that policies in the replacement local plan must give greater encouragement
to appropriate Part A uses to invest and to improve the quality of their representation.
Restrictive planning policies designed to keep significant generators of footfall such as the
Bank out of primary shopping areas will actively work against the achievement of the
Council's objectives and is inconsistent with national policy. The Bank's evidence of how it
increases vitality and viability in primary frontages shows that there is considerable benefit in
seeking to attract those A2 users such as banks who provide a high level of investment in,
and maintenance of, their premises resulting in active and attractive street frontages. This
will foster very significant footfall and pedestrian activity and attract investment by others,
helping to provide the confidence and commercial viability necessary for any programme of
regeneration and investment. To be Justified and Consistent with National Policy the
emerging Local Plan must review existing out of date policies that restrict the presence of
financial service retailers such as the Bank in designated frontages. If this is not done, the
Council will risk the DPD being found unsound. Policy wording should make it clear that
uses such as shops, banks and building societies which contribute to the vitality,
viability and diversity of town centres will be encouraged and that such active ground
floor uses will be appropriate in all designated retail frontages without restriction.
In view of the requirement for improved provision of banking services in Warwick District the
Bank would like to confirm its continued interest in the Local Plan process and in that regard
we shall be grateful if the Council will continue to notify us of the progress of this document
as well as details of any other emerging LDDs.

We write on behalf of our client Sainsbury's Supermarkets Ltd and are instructed to submit comments on their behalf in respect of the above document.
Sainsbury's has a longstanding interest in the Borough and operates the Leamington food superstore, as well as stores in Warwick and Kenilworth.
Nature of Comments
Our comments relate to:
 Policy PO9: Retailing & Town Centres
 Policy PO12: Climate Change
Policy PO9: Retailing & Town Centres
Policy PO9 of the New Local Plan Preferred Options document sets out a series of strategic policy objectives as the Council's preferred option for retail and town centre policy.
As currently drafted, Policy PO9 does not go far enough in setting the requirements for retail provision and town centres, which should be founded on a clear evidence base. The draft policy states the need to set out a clearly defined local retail hierarchy, strategies for the district's centres, and to define the extent of town centres and primary shopping areas and set policies that make clear which uses will be permitted in such locations.
However, the draft policy does not include any detail as to what the Council's Preferred Option is for the retail hierarchy and strategies for the district centres, or the extent of the town centres and primary shopping areas. Therefore, at this stage the Council's preferred policy option for retail and town
centres is unclear. The 'strategy' should not be reserved for Site Allocations documents as it does not provide sufficient direction or clarity.
Notwithstanding the concerns with the policy set out above, the fifth 'strategic objective' of draft Policy PO9 does not reflect the positive approach to economic growth advocated in the National Planning Policy Framework (NPPF). As currently worded, the objective is to:
"Strongly resist out-of-centre retail development unless it can be proven that there will be no adverse impacts on other town/ local centres in the catchment area".
There is no justification based on the strategy set out, that such an approach is appropriate. Paragraph 19 of the NPPF states that "planning should operate to encourage and not act as an impediment to sustainable growth", while paragraph 23 states that "planning policies should be positive". As worded, the starting point for the policy is to 'resist' development, which runs contrary to the positive approach as set out in the NPPF.
Whilst retail development should be encouraged in existing centres, it should be clear within Policy PO9 that any retail developments outside of the identified centres will be assessed in accordance with the sequential approach as well as a consideration of impact on other centres in the catchment area. This approach accords with national policy.
Therefore the Policy PO9 should be worded to reflect a positive approach to determining applications for main town centre uses outside of existing centres, providing that they are in accordance with the sequential approach and consideration of impact.
Policy PO12: Climate Change
Policy PO12 of the New Local Plan Preferred Options document sets out the Council's preferred option for a framework to support the reduction of carbon emissions within the District and ensure that buildings are resilient to the potential impacts of Climate Change.
While we welcome the Council's commitment to sustainable development, a requirement in Policy PO12 to seek a 20% reduction in carbon emissions from developments of 100sqm or more, may not be the appropriate mechanism for achieving sustainability and energy efficiency within new developments.
Paragraph 95 of the NPPF states that "when setting any local requirement for a buildings sustainability, do so in a way consistent with the Government's zero carbon buildings policy and adopt nationally described standards".
The Government's Zero Carbon Buildings Policy is being implemented through the Building Regulations. Therefore in the absence of robust viability evidence to support a target for reduction in carbon emissions, adopting Building Regulations standards would be more appropriate as the local energy standard for carbon reductions. On this basis, the requirement in PO12 to seek a 20% reduction in carbon emissions should be removed.
Paragraph 158 of the NPPF clearly states that "each local planning authority should ensure that the Local Plan is based on adequate, up-to-date and relevant evidence" and strategies should "take full account of relevant market and economic signals."
It is unclear as to how the 20% target for reduction in carbon emissions in Policy PO12 has been derived from the three separate evidence base studies. We would also highlight that these studies have been completed in advance of the NPPF and therefore does not consider the policies as stated in paragraphs 95, 158 and 173, nor do they consider the impact of significant changes to Building Regulations.
Paragraph 173 of the NPPF states that "sites should not be subject to such a scale of obligations and policy burdens that their ability to be developed viably is threatened." We feel that in its current form, the policy could be overly onerous and could therefore threaten the viability of a development.
Notwithstanding the above, there is no indication within Policy PO12 as to what the baseline is for assessing a 20% reduction in carbon emissions. Whilst it is assumed that the baseline would be the existing 2010 Building Regulations, the council should be aware that they have no evidence to demonstrate the impact of a 20% reduction above this standard.
Furthermore, whilst Policy PO12 states that non residential developments will be required to meet BREEAM standards, no indication is provided as to what level of BREEAM standard would be sought. As with the target for reduction in carbon emissions, no assessment of viability within the supporting evidence base to qualify a requirement to meet BREEAM standards.

We write on behalf of our client Sainsbury's Supermarkets Ltd and are instructed to submit comments on their behalf in respect of the above document.
Sainsbury's has a longstanding interest in the Borough and operates the Leamington food superstore, as well as stores in Warwick and Kenilworth.
Nature of Comments
Our comments relate to:
 Policy PO9: Retailing & Town Centres
 Policy PO12: Climate Change
Policy PO9: Retailing & Town Centres
Policy PO9 of the New Local Plan Preferred Options document sets out a series of strategic policy objectives as the Council's preferred option for retail and town centre policy.
As currently drafted, Policy PO9 does not go far enough in setting the requirements for retail provision and town centres, which should be founded on a clear evidence base. The draft policy states the need to set out a clearly defined local retail hierarchy, strategies for the district's centres, and to define the extent of town centres and primary shopping areas and set policies that make clear which uses will be permitted in such locations.
However, the draft policy does not include any detail as to what the Council's Preferred Option is for the retail hierarchy and strategies for the district centres, or the extent of the town centres and primary shopping areas. Therefore, at this stage the Council's preferred policy option for retail and town
centres is unclear. The 'strategy' should not be reserved for Site Allocations documents as it does not provide sufficient direction or clarity.
Notwithstanding the concerns with the policy set out above, the fifth 'strategic objective' of draft Policy PO9 does not reflect the positive approach to economic growth advocated in the National Planning Policy Framework (NPPF). As currently worded, the objective is to:
"Strongly resist out-of-centre retail development unless it can be proven that there will be no adverse impacts on other town/ local centres in the catchment area".
There is no justification based on the strategy set out, that such an approach is appropriate. Paragraph 19 of the NPPF states that "planning should operate to encourage and not act as an impediment to sustainable growth", while paragraph 23 states that "planning policies should be positive". As worded, the starting point for the policy is to 'resist' development, which runs contrary to the positive approach as set out in the NPPF.
Whilst retail development should be encouraged in existing centres, it should be clear within Policy PO9 that any retail developments outside of the identified centres will be assessed in accordance with the sequential approach as well as a consideration of impact on other centres in the catchment area. This approach accords with national policy.
Therefore the Policy PO9 should be worded to reflect a positive approach to determining applications for main town centre uses outside of existing centres, providing that they are in accordance with the sequential approach and consideration of impact.
Policy PO12: Climate Change
Policy PO12 of the New Local Plan Preferred Options document sets out the Council's preferred option for a framework to support the reduction of carbon emissions within the District and ensure that buildings are resilient to the potential impacts of Climate Change.
While we welcome the Council's commitment to sustainable development, a requirement in Policy PO12 to seek a 20% reduction in carbon emissions from developments of 100sqm or more, may not be the appropriate mechanism for achieving sustainability and energy efficiency within new developments.
Paragraph 95 of the NPPF states that "when setting any local requirement for a buildings sustainability, do so in a way consistent with the Government's zero carbon buildings policy and adopt nationally described standards".
The Government's Zero Carbon Buildings Policy is being implemented through the Building Regulations. Therefore in the absence of robust viability evidence to support a target for reduction in carbon emissions, adopting Building Regulations standards would be more appropriate as the local energy standard for carbon reductions. On this basis, the requirement in PO12 to seek a 20% reduction in carbon emissions should be removed.
Paragraph 158 of the NPPF clearly states that "each local planning authority should ensure that the Local Plan is based on adequate, up-to-date and relevant evidence" and strategies should "take full account of relevant market and economic signals."
It is unclear as to how the 20% target for reduction in carbon emissions in Policy PO12 has been derived from the three separate evidence base studies. We would also highlight that these studies have been completed in advance of the NPPF and therefore does not consider the policies as stated in paragraphs 95, 158 and 173, nor do they consider the impact of significant changes to Building Regulations.
Paragraph 173 of the NPPF states that "sites should not be subject to such a scale of obligations and policy burdens that their ability to be developed viably is threatened." We feel that in its current form, the policy could be overly onerous and could therefore threaten the viability of a development.
Notwithstanding the above, there is no indication within Policy PO12 as to what the baseline is for assessing a 20% reduction in carbon emissions. Whilst it is assumed that the baseline would be the existing 2010 Building Regulations, the council should be aware that they have no evidence to demonstrate the impact of a 20% reduction above this standard.
Furthermore, whilst Policy PO12 states that non residential developments will be required to meet BREEAM standards, no indication is provided as to what level of BREEAM standard would be sought. As with the target for reduction in carbon emissions, no assessment of viability within the supporting evidence base to qualify a requirement to meet BREEAM standards.