Kenilworth Neighbourhood Area Consultation

Kenilworth represents a distinct neighbourhood and it is wholly appropriate it is treated as a neighbourhood with it sown plan.

Thank you for consulting the Environment Agency on the designation of Neighbourhood Plan area for Kenilworth.

We are the main Agency providing advice on improving resilience and adaptation to the effects of climate change, with particular regard on flood risk, water resources, water quality and aquatic biodiversity.

We strive to make a positive contribution through our Statutory Consultee role and we hope you will find our comments useful.

There are known flooding issues (Flood Zone 2 and 3) within the boundary of the Neighborhood Plan area that may affect the viability of any future site allocations or developments in that particular location.

Should you require any additional information, or wish to discuss these matters further, please do not hesitate to contact me.

Dear Planning Policy Team

I refer the attached consultation about the designation of the formal application to you for the designation of the land which will constitute the area in the Neighbourhood Plan currently that is being prepared for designation of Neighbourhood Plan Areas under Part 2 of the Neighbourhood Planning (General) Regulations 2012.
1. Old Milverton and Blackdown Joint Parish Council
2. Kenilworth Town Council
The County has no comments to make on this designation of the neighbourhood plan or the area.

Regards

Jasbir

Please accept the attached Neighbourhood Development, Planning for Health document as Dr John Linnane, Warwickshire's Director of Public Health's (principal advisor for health in Warwickshire) advice on Healthy Neighbourhood Planning.

Should you wish to discuss Neighbourhood Planning in more detail and the links to Public Health, please contact Gemma McKinnon gemmamckinnon@warwickshire.gov.uk

Thank you for the notification consulting The Coal Authority on the above Neighbourhood Plan area designation.

The Coal Authority is a non-departmental public body which works to protect the public and the environment in coal mining areas. Our statutory role in the planning system is to provide advice about new development in the coalfield areas and also protect coal resources from unnecessary sterilisation by encouraging their extraction, where practical, prior to the permanent surface development commencing.

As you will be aware the proposed Neighbourhood Plan area is outside of the defined surface coalfield and therefore The Coal Authority has no specific comments to make on the Neighbourhood Plan.

In the spirit of ensuring efficiency of resources and proportionality it will not be necessary for you to provide The Coal Authority with any future drafts or updates to the emerging Neighbourhood Plan. This letter can be used as evidence for the legal and procedural consultation requirements.

The Coal Authority wishes the Town Council every success with the preparation of the Neighbourhood Plan.

RE: Kenilworth Neighbourhood Plan Area Consultation
Thank you for consulting High Speed Two (HS2) Ltd on the above proposal to designate a Neighbourhood Plan Area.
While HS2 Ltd has no specific comments to make on the proposed designation, should a neighbourhood plan be produced for the area it should take account of the proposed Phase One line of route of HS2 which passes through this Neighbourhood Area. Further advice is provided in paragraphs 22-27 of the guidance for Local Planning Authorities to accompany the adopted safeguarding direction, which can be found at the link below.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/379788/HS2_Phase_One_safeguarding_directions__June_2014_.pdf

KENILWORTH TOWN COUNCIL NEIGHBOURHOOD AREA DESIGNATION
Thank you for giving notice that Kenilworth Town Council has applied for designation as a Neighbourhood Area under Part 2 of the Neighbourhood Planning (General) Regulations 2012.

Historic England has no objection to this proposal.

The proposed neighbourhood plan area contains a varied range of designated and undesignated heritage assets including a grade II* Registered Park and Garden and the Kenilworth designated conservation area. The Township also hosts numerous grade II listed buildings whilst two are listed at grade II* and three at grade I. The township also hosts five Scheduled Ancient Monuments. Due account should be taken of the conservation of all of these assets and their settings in formulating the neighbourhood plan proposals. Consideration should also be given to the protection of undesignated heritage assets and archaeological remains (both known and potential) within the Parish. Many of these will be recorded in the Warwickshire County Council Historic Environment Record (HER).

Having a sound evidence base for the Plan is important so as to form a properly supportive context for plan policies. The National Planning Policy Framework (paragraph 58) requires Neighbourhood Plans to develop robust and comprehensive policies setting out the quality of development that will be expected in an area based upon an understanding and evaluation of its' defining characteristics. The aim is to ensure that developments (inter alia) "respond to local character and history, and reflect the identity of local surroundings and materials....."

Neighbourhood Plans are a positive way to help communities care for and enjoy the historic environment. Historic England is expecting that as Parish Council's come to you (and perhaps particularly to your specialist conservation staff) to seek advice on preparing Neighbourhood Plans they will value guidance on how best to understand what heritage they have, as well as assistance on preparing appropriate policies to secure the conservation and enhancement of this local heritage resource.

Information held by the Council and used in the preparation of your Core Strategy/Local Plan is often the starting point for Neighbourhood Plans as for example the Historic Landscape Characterisation and the Extensive Urban Surveys completed by Warwickshire County Council. Comprehensive data on Heritage Assets including archaeological remains in your area will be available from the Warwickshire Historic Environment Record held by the County Council and local environmental and amenity groups often also hold useful information.

Plan preparation also offers the opportunity to harness a community's interest in the historic environment by getting them to help add to the evidence base, perhaps by creating and or reviewing a local heritage list, inputting to the preparation of conservation area appraisals and undertaking or further deepening historic characterisation studies.
Historic England has a statutory role in the development plan process and there is a duty on either you as the Local Planning Authority or the Parish Council to consult Historic England on any Neighbourhood Plan where our interests are considered to be affected as well as a duty to consult us on all Neighbourhood Development Orders and Community Right to Build Orders.

Historic England will target its limited resources efficiently. We will directly advise on proposals with the potential for major change to significant, nationally important heritage assets and their settings. Our local offices may also advise communities where they wish to engage directly with us, subject to local priorities and capacity.

Historic England fully recognises that the neighbourhood planning process is a locally-led initiative and communities will shape their own neighbourhood plan as informed by the issues and opportunities they are most concerned about and relevant to the local area. As a national organisation we are able to draw upon our experiences of neighbourhood planning across the country and information on our website might be of initial assistance https://www.historicengland.org.uk/advice/planning/plan-making/improve-your-neighbourhood/

It is envisaged that the website will be progressively updated to share good practice in the management of the historic environment through neighbourhood planning.

Historic England also publishes a wide range of relevant guidance. Links to this can be found in appendix 1 to this letter. Appendix II contains links to a number of Neighbourhood Plans that Historic England consider to be exemplary in their treatment of the historic environment.

Should you wish to discuss any points within this letter, or if there are issues about this Neighbourhood Plan Area where the historic environment is likely to be of particular interest, please do not hesitate to contact me.

See attached.

Dear Sir/Madam
Kenilworth Designated Neighbourhood Plan Area
Thank you for notifying Natural England of the Kenilworth Neighbourhood Planning Area dated 28/05/2015.
Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development.
Natural England is a statutory consultee in neighbourhood planning. We must be consulted on draft Neighbourhood Development Plans where the Town/Parish Council or Neighbourhood Forum considers our interests would be affected by the proposals. We must be consulted on draft Neighbourhood Development Orders and Community Right to Build Orders where proposals are likely to affect a Site of Special Scientific Interest or 20 hectares or more of Best and Most Versatile agricultural land. We must also be consulted on Strategic Environmental Assessments, Habitats Regulations Assessment screening and Environmental Impact Assessments, where these are required.
The following is offered as general advice which may be of use in the preparation of the plan.
Natural England, together with the Environment Agency, English Heritage and Forestry Commission has published joint advice on neighbourhood planning which sets out sources of environmental information and ideas on incorporating the environment into plans and development proposals. This is available at: https://www.gov.uk/consulting-on-neighbourhood-plans-and-development-orders
Local environmental record centres hold a range of information on the natural environment. A list of local records centre is available at: http://www.nbn-nfbr.org.uk/nfbr.php
Protected landscapes
If your neighbourhood planning area is within or adjacent to a National Park or Area of Outstanding Natural Beauty (AONB), we advise that you take account of the relevant National Park/AONB Management Plan for the area. For Areas of Outstanding Natural Beauty, you should seek the views of the AONB Partnership.
National Character Areas (NCAs) divide England into 159 distinct natural areas. Each is defined by a unique combination of landscape, biodiversity, geodiversity and cultural and economic activity. Their boundaries follow natural lines in the landscape rather than administrative boundaries, making them a good decision making framework for the natural environment.
Page 2 of 2
http://www.naturalengland.org.uk/publications/nca/default.aspx
Protected species
You should consider whether your plan or proposal has any impacts on protected species. To help you do this, Natural England has produced standing advice to help understand the impact of particular developments on protected or Biodiversity Action Plan species should they be identified as an issue. The standing advice also sets out when, following receipt of survey information, you should undertake further consultation with Natural England.
Natural England Standing Advice
Local Wildlife Sites
You should consider whether your plan or proposal has any impacts on local wildlife sites, eg Site of Nature Conservation Importance (SNCI) or Local Nature Reserve (LNR) or whether opportunities exist for enhancing such sites. If it appears there could be negative impacts then you should ensure you have sufficient information to fully understand the nature of the impacts of the proposal on the local wildlife site.
Best Most Versatile Agricultural Land
Soil is a finite resource that fulfils many important functions and services (ecosystem services) for society, for example as a growing medium for food, timber and other crops, as a store for carbon and water, as a reservoir of biodiversity and as a buffer against pollution. It is therefore important that the soil resources are protected and used sustainably. Paragraph 112 of the National Planning Policy Framework states that:
'Local planning authorities should take into account the economic and other benefits of the best and most versatile agricultural land. Where significant development of agricultural land is demonstrated to be necessary, local planning authorities should seek to use areas of poorer quality land in preference to that of a higher quality'.
General mapped information on soil types is available as 'Soilscapes' on the www.magic.gov.uk and also from the LandIS website; http://www.landis.org.uk/index.cfm which contains more information about obtaining soil data.
Opportunities for enhancing the natural environment
Neighbourhood plans and proposals may provide opportunities to enhance the character and local distinctiveness of the surrounding natural and built environment, use natural resources more sustainably and bring benefits for the local community, for example through green space provision and access to and contact with nature.
Opportunities to incorporate features into new build or retro fitted buildings which are beneficial to wildlife, such as the incorporation of roosting opportunities for bats or the installation of bird nest boxes should also be considered as part of any new development proposal.
Should the proposal be amended in a way which significantly affects its impact on the natural environment then, in accordance with Section 4 of the Natural Environment and Rural Communities Act 2006, Natural England should be consulted again at consultations@naturalengland.org.uk
We really value your feedback to help us improve the service we offer. We have attached a feedback form to this letter and welcome any comments you might have about our service.

FAO Development Policy Manager
Warwick - Kenilworth Neighbourhood Plan

Thank you for the opportunity to provide feedback to the proposed consultation.

Network Rail is the owner and operator of Britain's railway infrastructure, which includes the tracks, signals, tunnels, bridges, viaducts, level crossings and stations - the largest of which we also manage. All profits made by the company, including from commercial development, are reinvested directly back into the network.

Network Rail has the following comments to make.

The proposal area includes railway land within its boundary.
Whilst Network Rail has no objection in principle to the Kenilworth Neighbourhood Plan, we are concerned developments within the boundary red line will not require planning permission. Network Rail is a statutory undertaker and as such LPAs consult our Town Planning Teams on a wide variety of proposals that may impact upon Network Rail land and infrastructure. We are consulted about proposals next to, near to, on, under or over the railway as well as schemes for stations, mining and mineral extraction and also proposals that might impact upon Network Rail access points, level crossings etc.

We are concerned that the Kenilworth Neighbourhood Plan which includes railway land may result in proposals being undertaken near to or next to the operational railway / Network Rail land which may impact upon its safety and operation as we will not have had the opportunity (as via the current planning application notification process) to review and pass comments on vital asset protection measures to the council and developer / applicant. Equally we would be concerned if any Network Rail rights of access were affected by proposals, as these require unblocked access around the clock including emergency vehicles.

In light of the above we would request that the Kenilworth Neighbourhood Plan group should contact Network Rail for any proposals within the area to ensure that:
(a) Access points / rights of way belonging to Network Rail are not impacted by developments within the area.
(b) That any proposal does not impact upon the railway infrastructure / Network Rail land e.g.
* Drainage works / water features
* Encroachment of land or air-space
* Excavation works
* Siting of structures/buildings less than 2m from the Network Rail boundary / Party Wall Act issues
* Lighting impacting upon train drivers ability to perceive signals
* Landscaping that could impact upon overhead lines or Network Rail boundary treatments
* Any piling works
* Any scaffolding works
* Any public open spaces and proposals where minors and young children may be likely to use a site which could result in trespass upon the railway (which we would remind the council is a criminal offence under s55 British Transport Commission Act 1949)
* Any use of crane or plant
* Any fencing works
* Any demolition works
* Any hard standing areas
We would very strongly recommend that the Kenilworth Neighbourhood Plan Area authority / group are made aware that any proposal within 10m of the operational railway boundary will also require review and approval by the Network Rail Asset Protection Team, and such schemes should be accompanied by a risk assessment and a method statement.

We would request that the Kenilworth Neighbourhood Plan Area authority / group when submitting proposals for a development contact Network Rail's Town Planning Team and include a location plan and a description of the works taking place for review and comment.

All initial proposals and plans should be flagged up to the Network Rail Town Planning Team London North Western Route at the following address:

Town Planning Team LNW
Network Rail
1st Floor
Square One
4 Travis Street
Manchester
M1 2NY

Email: TownPlanningLNW@networkrail.co.uk

We would highlight in the first instance that the LPA is requested to notify Network Rail of any planning proposal within 10m from our boundary. Also, any proposal that is on, over or under Network Rail land and the operational railway (including stations, freight or maintenance depots).

Network Rail would draw the council's attention to the following (which applies to England only):
The Town and Country Planning (Development Management Procedure) (England) Order 2015
Publicity for applications for planning permission within 10 metres of relevant railway land
16.—(1) This article applies where the development to which the application relates is situated within 10 metres of relevant railway land.
(2) The local planning authority must, except where paragraph (3) applies, publicise an application for planning permission by serving requisite notice on any infrastructure manager of relevant railway land.
(3) Where an infrastructure manager has instructed the local planning authority in writing that they do not require notification in relation to a particular description of development, type of building operation or in relation to specified sites or geographical areas ("the instruction"), the local planning authority is not required to notify that infrastructure manager.
(4) The infrastructure manager may withdraw the instruction at any time by notifying the local planning authority in writing.
(5) In paragraph (2) "requisite notice" means a notice in the appropriate form as set out in Schedule 3 or in a form substantially to the same effect.

Special emphasis should be placed on examining planning proposals in light of their potential to impact upon level crossings within the boundary.

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.