2 - DS11 (H01)

Whilst recognizing that this change of housing numbers is a result of the reallocation of the various parcels of land, it is very surprising that in amending its plan WDC is still ignoring the revised downward requirement in housing numbers resulting from the updated ONS projections and the lack of any need to allocate housing provision for Coventry, since this has not been requested. This is a serious omission and this Consultation provides an opportunity for the plan to be revised to reflect realistic (much lower) housing numbers in all land parcels being considered. There seems, therefore, to be no requirement to increase the housing numbers in this particular area - rather, they need to be reduced or removed altogether.
Comments on the 'Community Stadium and associated used' are included in the representation for ref. 3.

see attached

Attached are the Leamington Society's response to the Local Plan Focused Consultation 2014 and two responses to the additional evidence on projected future population and employment for the West Midlands, for which no Consultation has been offered even though the changes to the distribution of population increase are material. The second and third attached items address this topic. The second file has already been sent to WD Councillors but the arguments should be reviewed by WDC and if the housing numbers are not amended in the light of this new evidence, it will be sent to the Inspector.

We also wish to ensure that St Mary's Lands and areas of Newbold Comyn are designated as Local Green Spaces in the absence of a Neighbourhood Plan. This is summarised in the last attachment.

The Leamington Society wishes to be represented at all discussions of these plans where the public are allowed to make a contribution. Please would you notify me or my husband Archie Pitts



Chapter 5 Sustainable Communities
Policy HS3 LGS (Local Green Spaces) draft p.125
New Evidence
The recent Petition, followed by Council debate and resolution have high-lighted the very special nature of St. Mary's Lands and this was after previous Local Plan consultation.
Why Draft Plan is incomplete
We note that the draft supports the principle of designating an LGS (as provided for in NPPF).
HS3 suggests that local communities may designate through Neighbourhood Plans. But many communities are not proposing neighbourhood plans (eg Leamington Town Council) and adjacent spaces may relate to either several or to no neighbourhood plans. The NPPF states (para 76) that an LGS "should be designated when a plan is prepared or reviewed" so now is the time for designation, not left as vague possibility.
There will be few spaces appropriate for LGS status within the WDC area. But we suggest two notable spaces which could and should be designated in the text of the Local Plan. They are :-
St. Mary's Lands
This is demonstrably special to the local community, as indicated above, and not just to those livingimmediately adjacent. It also fulfils most of the possible criteria. We support this designation as a unique space within the District.
Welch's Meadow and east as far as the canal (and old railway line)
This land, bounded to north by River Leam and south by A425, is certainly close to and special for the local community. It meets various criteria including tranquillity close to the town, richness of wildlife, and recreational value for many walkers.

see attached

see attached

Local Plan Focused Consultation December 2014 including Stratford Road Gypsy & Traveller permanent site at Stratford Road.
from Bishops Tachbrook Parish Council

Part A - Personal Details

Sean Deely, Chairman, Bishop's Tachbrook Parish Council.

3. Notification of subsequent stages of the Plan.
Please specify whether you wish to be notified of any of the following

The submission of the Plan for independent examination Yes

Publication of the recommendations of any person appointed to carry out an independent examination of the Plan Yes

The adoption of the Plan Yes




Part B - Your representations
Representation 1
4. Which part of the plan does this representation relate?
Focused changes
Paragraph number REFERENCE 1.
POLICY number DS9
POLICIES MAP 2(Reference 5, 11 & 12)
5. Do you consider the Plan is:
5.1 Legally compliant? Yes
5.2 Complies with Duty to Co-operate Yes
5.3 Sound? Yes
MODIFICATION Delete 8ha employment land north of Gallows Hill & 3.7ha at Opus 40 & add 11.7 ha employment land at Stratford Road Warwick.
Bishop's Tachbrook Parish Council SUPPORT this amendment
Because a) It is a better employment location than Europa Way because it is immediately adjacent to the M40 junction 15. This would minimise any resultant traffic on Warwick Town Centre. The Europa Way employment location would have added significant additional employment related traffic on both Warwick and Leamington as well Europa Way itself and Greys Mallory roundabout and the links to junctions 14 and 15 on the M40. The modification is betteras it reduces traffic congestion, air quality in the towns, traffic noise to the new residential areas and global CO2 emissions.
b) It releases land on the 2 sites for residential use and in the case of Opus 40 increases the amount of brownfield utilised in the Urban area.
c) It improves compliance with Strategic Policies DS3 (b), (c), (e) & DS4 (a) & (c).


Part B - Your representations
Representation 2
4. Which part of the plan does this representation relate?
Focused changes
Paragraph number REFERENCE 2 & 3.
POLICY numbers DS11 & DS14 SITE : H01
POLICIES MAP 2(Reference 6 & 7)
5. Do you consider the Plan is:
5.1 Legally compliant? Not certain
5.2 Complies with Duty to Co-operate No
5.3 Sound? No
6. If you answered no to question 5.3 , do you consider the Plan unsound because it is not
Positively prepared No
Justified No
Effective No
Consistent with National Policy No
MODIFICATION Amend the following in relation to land west of Europa Way to increase number of dwellings from 1,190 to 1,300 and add Infrastructure requirements and other uses : add "Community Stadium and associated uses".
Bishop's Tachbrook Parish Council DO NOT SUPPORT this amendment.
Because a) The number of dwellings stated of 1,300 does not reflect the capacity of the site released. If 8ha of employment land is released and a community stadium is located on 3 ha then 5 ha is available for additional housing. The local retail, medical and community facilities, including 4 football pitches and a running track that is available for community use, are already allocated at the southern end of the recently approved 735 dwelling proposal. Hence working on 35 dw/ha, 5 x 35 = 175 to add to the declared 1,190. Hence 1,365 dwellings could be expected.
b) 35 dwellings per ha is the density accepted for market homes. However, 40% of the site should be affordable homes. To be affordable a density of 50 dwellings / ha can provide a perfectly spacious layout for affordable homes particularly where one and two bed dwellings provide a reasonable part of the mix, as is shown in countless examples around the country. The affordable and market homes should be mixed, giving a better distribution of open space.
If 1,190 homes are built at 35 dw/ha As the current frat of the Local Plan, they will occupy 34 ha. If 5ha. are added to that, then 39ha are available. If market homes are built at 35 dw/ha and affordable homes at 50 dw/ha, then the capacity of the whole site west of Europa Way is 1,550 dwellings. (60% of 1,550 = 930, at 35dw/ha requires 26.572ha and 40% of 1,550 = 620, at 50 dw/ha requires 12.4 ha. Total land requirement = 39 ha.)
c) Proposed "Community Stadium and associated uses". This is described elsewhere as a 5,000 seat stadium with conference and other facilities to make it financially viable together with associated parking and other external facilities. Bishop's Tachbrook parish council OBJECT to the location of such a development as inappropriate for this area west of Europa Way which is designated for over 1500 houses. It is out of scale with new garden suburb residential development and the massing of a stadium of this nature will be an unacceptable intrusion. A stadium designed for and occupied by a professional football club conflicts with
* the interests of families growing up in this new residential area and
* the traffic implications when match days coincide with normal peak times would be totally unacceptable on Gallows Hill and the roads around Warwick, Leamington and down to the Motorway which are already overloaded before any new housing is built
* light and noise pollution from evening and night time games that would be disruptive to the residents;
* problems of pedestrian and vehicular movements within the housing complex as crowds seek to get to the stadium.

Current trends are to move stadia away from residential areas, not to put them close to new garden town suburbs.
The proposal appears to be uncosted and the costs will be high in
* land costs (even if county land, it must be accounted for at alternative use value that could go to the County if released for housing) and
* construction costs for the stadium, pitch(es) facilities (Stadium ground not normally used for training so additional training area is likely to be necessary), parking
* running costs that are unlikely to be met by gate income even if there are conference and other facilities attached.
These decisions should not be made without a well costed business plan without which the club could get into serious financial difficulties and the District Council would not be able to bail them out. The Ricoh Arena in Coventry is an example of what can happen.
d) If the stadium is moved to this location, it will take land that could be used for housing, moving the housing further out towards the valued landscape of the Tachbrook Valley. The net car travel miles from housing and pitch activity will increase. This does not comply with the NPPF either for protection of the natural environment, protection of best & most versatile agricultural land and unnecessary increased car miles, so it is not a sustainable development.
e) If the land is used for housing instead, then the capacity of the land west of Europa Way increases to 1,670. (60% of 1,670 = 1002, at 35dw/ha requires 28.64ha and 40% of 1,670 = 668, at 50 dw/ha requires 13.36 ha. Total land requirement = 42 ha.)
The Opus site gives a further 100 dwellings. That is a total of 1,770 dwellings compared with the existing allocation in DS11 of 1,190 which is an additional 580 dwellings. Thus, any further encroachment into the Tach Brook Valley on either Grove Farm or Lower Heathcote Farm is not justified to meet the objectively assessed housing need.
f) The proposal does not comply with strategic policies DS3 (a), (d), (e), and policies Be1 (a), (f), (m), Be2 (d), (h), Be3 & TR2

Part B - Your representations
Representation 3
4. Which part of the plan does this representation relate?
Focused changes
Paragraph number REFERENCE 4.
POLICY number DS11
POLICIES MAP 2(Reference 9 & 10)
5. Do you consider the Plan is:
5.1 Legally compliant? Yes
5.2 Complies with Duty to Co-operate Yes
5.3 Sound? Yes
MODIFICATION Add new site under urban brownfield H39 - Opus 40, Birmingham Road, Warwick
Bishop's Tachbrook Parish Council SUPPORT this amendment for the reasons set out in our response to Reference 1 paragraph (b) and Reference 2 & 3 paragraph (e).
11 December 2014

Part B - Your representations
Representation on Stratford Road Gypsy & Traveller Permanent site.
4. Which part of the plan does this representation relate?
Focused changes
Stratford Road Gypsy & Traveller Permanent site.
5. Do you consider the Plan is:
5.1 Legally compliant? Yes
5.2 Complies with Duty to Co-operate Yes
5.3 Sound? Yes
Bishop's Tachbrook Parish Council SUPPORTS the proposed site off Stratford Road, for the use of permanent pitches for the Gypsy and Traveller community. In summary this site offers a larger number of positive characteristics than any other site proposed during the previous rounds of consultation.
Specifically this site can better meet the health needs of residents, with a number of GP surgeries and dental practices within walking distance: Warwick Hospital is only a short drive away. Educational needs are well served by a number of schools also within close walking distance.
Access to and from the highway for articulated vehicles is made safe with excellent sight lines along the Stratford road in both directions. Also this site provides excellent access to major roads, the M40 and A46 which is important for periods of touring.
This site is lower lying and the proposal would have minimal impact on the local landscape and create negligible visual impact, particularly with the proposed landscaping. Flooding risk has been assessed as low and we note that the ecology report is awaited.
Finally the site is well served by public transport and there are a range of amenities available in nearby Warwick.

see attached

Warwick District Council Local Plan - Focussed Modifications and associated Sustainability Appraisal

Proposed additional Gypsy and Traveller site off Stratford Road, Warwick and associated Sustainability Appraisal

Thank you for providing an opportunity to comment on these proposals.

My consideration and response is based on the expectation there has been a proper assessment of the significance of heritage assets affected, including their settings ; and the proposals support the delivery of sustainable development in accordance with the policies in the National Planning Policy Framework (NPPF), with one of the core dimensions being the protection and enhancement of the historic environment .

The NPPF requires Local Plans, as a whole, to set out a positive strategy for the conservation and enjoyment of the historic environment. This means ensuring that the sites which it is proposing to put forward for development, will assist in delivering such a strategy and not contradict it.

Employment land allocation on land off Stratford Road, Warwick
This stretch of the Stratford Road is a surprisingly understated and pleasant entrance to Warwick from the M40. It's positive characteristics should be recognised to inform strategic landscaping and moderate highway works which may be required to facilitate any future development.

The proposed allocation is adjacent to Longbridge Manor, a Grade II* listed building with circa 14/15 century origins. The Manor is served to the south by a pleasant 'rural' lane and entrance. Development immediately to the east will affect its significance.

Opposite the site is the Old House and its ancillary barn, both Grade II listed buildings. Beyond to the east are the Warwick Castle Park (Grade 1) and Warwick Conservation Area.

Unfortunately there appears to be no evidence to demonstrate a consideration of how the proposed allocation site contributes to the significance of these designated heritage assets, particularly Longbridge Manor (NPPF Paragraph 129). Neither is there evidence to demonstrate where development may be inappropriate because of its positive relationship to adjoining heritage assets (NPPF Paragraph 157), or how harm might be avoided (NPPF Paragraph 152). The commentary in the SA is rather rudimentary and dismissive, failing to provide an accurate or reasonable assessment of the impact of future development.

The selection of sites for development needs to be informed by the evidence base and the Plan should avoid allocating sites which are likely to result in harm to the significance of heritage assets. Where adverse impacts are unavoidable and justified, in accordance with the NPPF, the Plan should consider how that harm might be reduced and any residual harm mitigated. This could include measures such as a reduction of the quantum of development, avoiding locating development within a particular part of the site, ensuring reinforced strategic landscaping, and limiting the height and volume of development.

Without such evidence Warwick DC cannot assert that the allocation and the amount of development proposed (11.7ha) can be delivered without causing harm to heritage assets of national importance contrary to explicit legislation and national planning policy. Consequently I remain concerned that the Local Plan as proposed is unsound.

It is important to note that:-

- great weight should be given to an assets conservation and the more important the asset, the greater the weight to the assets conservation there should be (NPPF Paragraph 132);

- special regard must be given to the desirability of preserving the setting of a listed building (S66, Planning (Listed Buildings and Conservation Areas) Act 1990;

- development will be expected to avoid or minimise conflict between any heritage asset's conservation and any aspect of the proposal (NPPF Paragraph 129).

Following the ruling in Barnwell Manor Wind Energy Limited v East Northamptonshire District Council, English Heritage, the National Trust and the Secretary of State for Communities and Local Government [2014] EWCA Civ 137, considerable importance and weight should be given to the desirability of preserving the setting of a listed building. Less than substantial harm does not equate to a less than substantial planning objection. There is a presumption that preservation is desirable.

Further analysis is therefore vital. I would strongly recommend the application of The Setting of Heritage Assets (English Heritage, 2011).

Gypsy and Travellers Site on land off Stratford Road, Warwick
The secondary/indirect impact of the proposal should be considered. For example could the 'rural' character of the lane serving the site, and the Grade II* Longbridge Manor, be retained as a consequence? Are intrusive highway works to facilitate the development required? How might these issues be addressed?

Change of proposed uses on Land North of Gallows Hill, Warwick
English Heritage acknowledges the potential for development to the north of Gallows Hill /west of Europa Way, but the implications of a stadium on Castle Park and the intermediate historic landscape must be appreciated, as should the consequences of accommodating additional traffic through the town. I will avoid repeating again the reasons why evidence to inform the principle and form of allocations is required. Needless to say I consider further work is necessary.

I look forward to further updates in due course. Do contact me to discuss any of these matters at your convenience.

see attached