Preferred Options for Sites

Object

Representation ID: 65467

Received: 02/06/2014

Respondent: Bishop's Tachbrook Parish Council

[Report by Link Support Services (UK) Ltd on behalf of Bishop's Tachbrook Parish Council. The report comments on the suitability of the site use as Gypsy and Traveller in two parts - a general assessment and a detailed commentary on WDC's own assessment of the site].

Conclusions and Recommendations

(a) The negatives associated with this site clearly outweigh the potential benefits.

(b) It is unlikely that this site will be viable for the stated purposes.

(c) That BTPC should object to site GT15 for further consideration as a Gypsy or traveller site and

(d) BTPC should make representations to WDC accordingly for the reasons given [below].

WDC Assessment

It is evident that although this 'preferred site' is 'available' (for transfer from WCC to WDC on request and thereafter for sale to a prospective developer) there are other factors which weigh significantly against its suitability and viability as a traveller site.

* WDC's site assessment flags up three key 'negatives' (sustainability, financial viability and environmental concerns) which carry significant weight against the proposal. WDC state that the site is:

o 'Unlikely to be able to connect to public foul mains sewer and would need non-mains solution. Nearest water body for discharge of treated sewage is Tach Brook. Tach Brook is failing in its objectives under Water Framework Directive due to high levels of phosphates and therefore the site is not suitable in terms of potential impact on water environment.

o In order to provide an electricity supply some High Voltage network would need to be constructed before Low Voltage supply could be provided.

o This will be expensive and may make the site unviable for the number of pitches which could be accommodated' ( refers to Site assessment report WDC website - GT15 site description section 4 'infrastructure requirements')

Additional Concerns

Also concerned [as to suitability of site] on following grounds:

(a) Highways safety and traffic flow concerns.

Although visibility splays for access may be achievable for vehicles exiting the site, concerned about the potentially negative impact on road safety and traffic flows of vehicles (potentially large slow moving) turning right onto the site from the busy road without the safety of a dedicated right turn lane. This section of Europa Way appears to be too narrow to install a safety/ right turn lane without major capital reinvestment/ road widening.

WCC (Highways) comments regarding another potential site in Europa Way (GTalt 05 West of Europa Way) concludes that: 'Europa Way serves a high volume of traffic, where accident rates are high therefore; this site is not suitable to serve caravans'.

It is possible that under proposals in the Draft Local Plan (V1 T38/39) that the Europa Way Corridor will become a dual carriage way. This may pose additional challenges for the location of a Gypsy and/or traveller site at this location. These could be:

* Higher vehicle speeds (from new raised speed limits and potentially faster speeds driven by motorists on a dual carriage way.

* Need for revised visibility splays and whether they can be achieved.

* Potentially greater impacts on site occupants (noise and air quality)

* Large costs and questions over the viability of installing a major right turn lane to allow access to the site for a very small site.

* Potential accident risk if no right turn junction installed and

* Consequently longer journeys if the site can only be accessed from one direction

(b) 'Access' issues into and around the site (for large towed vehicles, emergency vehicles) given the relatively steep slope down to the site, small size of the site and the costs of levelling/ terracing required to achieve suitable access gradients and level terrain for site trailers.

'Designing Gypsy and Traveller sites' recommends that: 'To increase potential access points for emergency vehicles, more than one access route into the site is recommended. Where possible, site roads should be designed to allow two vehicles to pass each other (minimum 5.5m). Specific guidance should be sought from the local fire authority for each site' (4.29).

(c) The impact of the generally sloping terrain on occupants with mobility difficulties and whether this topographical issue would permit easy use of wheelchairs, mobility scooters, pushchairs etc.

(d) The intrinsic ecological merit of the site and its wider significance within the 'green infrastructure' of the District (being hydrologically linked to the River Avon). (Refers to assessment at Appendix A)

(e) Other ecological constraints (in construction and during occupation and the need for buffer zones which would further reduce the size of the site).

(f) The potential need for the site to be reduced (flood protection/ ecology conservation) to satisfy all of the above requirements and therefore increase the risk of the site being unviable from an economic and social perspective.

(g) Lack of space for visitors, overnight guests, play area, parking, paddock for horses etc.

(h) The cost and technical requirements involved in providing for waste disposal.

(i) Unresolved issues of potential air, light and noise pollution, archaeological significance, flood risk (assessment, management and mitigation).

(j) Potential effect on the visual amenity of nearby residents as we note that the site is visible to a farm building/ complex.

(k) The strong likelihood that the site would almost certainly be car dependent. Although the nearest bus service (route) is '554 m away', the nearest bus stop is some 1.2 miles away with no viable walking/ cycling routes) which further reduces site sustainability.

(l) The potential cumulative effects of similar developments i.e. the site is in 'close proximity to three other proposed Gypsy and Traveller sites at GT05 and GT06 which could lead to cumulative effects on: sustainable transport; the need to travel; health; local services and community facilities; landscape' (Refers to Sustainability Appraisal Page 23) It is however recognised that this factor will reduce in significance if some of these potential sites do not progress to fulfilment.

Community Opposition:

There is considerable community opposition to this site being used for residential purposes was detected at two local consultation events. Strong concerns expressed:

* Potential erosion of greenspace and wildlife-the site should continue as undisturbed and undeveloped woodland and that the site made a positive 'green' contribution to the area - particularly in view of general development pressures -
* road safety

* impact of development on visual amenity in relation to views from the country park proposed by WDC in the draft local plan (V1 appendix 2 map 2)

Object

Representation ID: 65606

Received: 02/06/2014

Respondent: Bishop's Tachbrook Parish Council

[Report by Link Support Services (UK) Ltd on behalf of Bishop's Tachbrook Parish Council.

Commentary on WDC's Site Assessment

1-Landscape Character

This is a woodland area and is classed by WDC as 'not previously developed' (email response to questions dated 3rd of April 2014).

GT15 does not [therefore] correlate with Policy H of the Planning Policy for Traveller Sites Paragraph 24 encourages local planning authorities to attach weight to 'The effective use of previously developed (brownfield), untidy or derelict land'. [and] may conflict with the 'preferred' status of the site given that it cannot be accorded such weight in its favour

2-Nature conservation designation

Tach Brook (G2) flows through the plantation and is a tributary of the River Avon which is a Local Wildlife Site (LWS SP15Li8f). The Tach Brook is part of the arterial network of tributaries and wildlife corridors which are an intrinsic feature of the River Avon itself and is part of the Avon LWS designated area. ('l' Warwick District Gypsy and Traveller Sites Habitat Assessment page 15)'

The site is designated as part of the non-statutory Ecosite 08/36, Marsh Along Tach Brook and the Tach Brook forms part of the River Avon LWS, as one of its tributaries (Swift ecology assessment - see Appendix A [of this submission])

The site therefore has an important role within the wider ecological and biodiversity setting of the area. This factor weighs against the site in terms of any strategic sustainability appraisal as required at draft submission stage.

3-Historical designation

None that are aware of although the archaeological significance of the site is unknown which in turn may affect its historical designation.

4-Infrastructure requirements

WDC's site assessment flags up key 'negatives' regarding infrastructure requirements (sewerage, potential surface water pollution, and electricity supply viability) which carry significant weight against the proposals

5-Ecology

Notwithstanding the importance of the ecology points raised [elsewhere] it is clear that there is merit in preserving the site as undisturbed woodland and protecting the site from the potentially negative effects of development:

WDC states that the
'Nearest waterbody for discharge of treated sewage is Tach Brook. Tach Brook is failing in its objectives under Water Framework Directive due to high levels of phosphates and therefore the site is not suitable in terms of potential impact on water environment'

'Given the mix of habitats in the area, including the broad-leaved woodland, mixed grassland and the watercourse makes this a site that should be maintained as part of the wider area for its wildlife interest. (Warwick District Gypsy and Traveller Sites Habitat Assessment page 15)'


The development will impact on the non-statutory designated ecosite, Marsh Along Tach Brook, and is also likely to impact on the non-statutory designated Local Wildlife Site, Tach Brook. The woodland ecosite area is of local ecological importance, but the Tach Brook is of county importance given its status as part of the River Avon system. The level of impact on both these sites will depend on the extent of ground relevelling works required and the location and design of the proposed pitches and access arrangements; precautions will be required to prevent significant damage to this site, in particular the watercourse

The Tach Brook runs alongside the site and is of 'county wide importance given its status as part of the River Avon system'

'The site also has the potential to support reptiles and great crested newt and the presence of dormouse and white-clawed crayfish cannot be ruled out'

'The site is likely to be used by foraging or commuting bats'.
'Trees, hedges and scrub are potentially suitable for use by nesting birds and the steep earth banks of the stream could also be used by breeding kingfisher'.

'Wildlife interest' on site
'Evidence of badger activity and nesting birds was found on the site, and there is a high likelihood that roosting bats are present in some of the more mature trees. Possible water vole burrows were found along the banks of Tach Brook, but this would need to be confirmed through further dedicated survey work. It is also possible, although unlikely, that the stream is used occasionally by otter. The site also has the potential to support reptiles and great crested newt and the presence of dormouse and white-clawed crayfish cannot be ruled out'.


(refers to Swift Ecology Report Appendix A [to this representation]attached)

This [evidence] weighs significantly against the site

Wider ecological significance

'The River Avon lies approximately 1.8 km to the west of the site, which is hydrologically linked to the site via the Tach Brook tributary. (refers to Swift Ecology Report Appendix A attached)

The site [therefore] has intrinsic ecological value and also possesses a wider ecological significance. The potential effects of development at this site constitute a major negative significantly outweigh potential benefits

6-Flooding

WDC states that the site area has been reduced to take account of flooding (SFG&T page 21)

Given that this site could house vulnerable structures (potentially occupied by vulnerable people) we would recommend that a full flood risk assessment is carried out prior to its further consideration. This will either eliminate the site from further consideration or else provide greater confidence to WDC, an Inspector at Examination in Public or a prospective developer.

Given that the site is being assessed as part of a shortlisting process this key issue should not be left to the Planning Application stage.

7-Contamination and other constraints

WDC should provide a clear information as to the design prospects of this site which is constrained by a steeply sloping embankment, difficulties regarding connections for waste and power, natural constraints (to impact on the fauna, flora and river - both at the construction stage and during occupation e.g. access onto the site by emergency vehicles).


* Access' issues into and around the site (for large towed vehicles, emergency vehicles) may be adversely affected given the relatively steep slope down to the site and the costs of levelling/ terracing required to achieve suitable access gradients and to level terrain to level terrain to accommodate site trailers.

* The impact of the generally sloping terrain on occupants with mobility difficulties and whether this topographical issue would permit easy use of wheelchairs, mobility scooters, pushchairs etc.


* General lack of space for visitors, overnight guests, play area, parking, paddock for horses etc.

* The cost and technical requirements involved in providing for waste disposal

* Unresolved issues of potential air, light and noise pollution, archaeological significance, flood risk (assessment, management and mitigation)


* Potential effect on the visual amenity of residents
Comment: Design guidance.

Planning Policy for Traveller Sites - Department for Communities and Local Government 2012 (PPfTS) states that when assessing sites in a rural or semi-rural setting, site development must accord with the design principals and specific issues contained in Designing Gypsy and Traveller Sites, Good Practice Guide, DCLG May 2008 (

Recommend that WDC provide a clear statement/ assessment as to the design prospects of this site.

This will either eliminate the site from further consideration or else provide greater confidence to WDC, an Inspector at Examination in Public or a prospective developer. Given that the site is being assessed as part of a shortlisting process we feel that this key issue should not be left to the Planning Application stage.

* [Noise]

Effect on noise levels emanating from altered ground levels and creation of vehicular access. It is possible that this may give rise to increased levels of noise nuisance. The effects of noise nuisance on occupants sleeping in vulnerable structures at this site is unknown and should be investigated further (as part of a design statement) if the site is to remain a 'preferred' site.

The issue of potential noise nuisance associated with the close proximity of the site has already been noted (above - site assessment comments) and concur that an appropriate survey should be undertaken prior to the site being consideration for further consideration as a draft submission stage site.

The (Enfusion) sustainability assessment ('1') notes that:
'The site is adjacent to the Warwick by-pass A452 (noise effects on sensitive residential development) and..... In addition, it is recommended that a noise assessment is carried out to identify possible noise impacts and suggest appropriate mitigation.

* Archaeological significance.

It is noted that the 'Warwickshire County Council archaeology officer comments are awaited and will contribute to the evidence base when available'. No assessment is therefore currently available as to this facet of the site.

* Agricultural land quality
In practical terms this is undeveloped woodland (Grade 3 agricultural)


* How visible and open in character is the site?


The land slopes away from the road and is less visible because of this' (WDC comments)

Comment: Site prominence may change as re-levelling will be required to ensure access to the site. This should be clarified via an outline design statement/ assessment against best practice guidelines as referenced above.


* Can the site be visually screened adequately?

Site visibility may change if re-levelling is required to ensure access to the site - this in turn may affect landscaping. This should be clarified via an outline design brief/ assessment against best practice guidelines as referenced above.


* Is the site close to other residential property?
There are other residential properties fairly close to the site. The properties can be seen from the site and (dependent on screening provision) this factor has the potential to affect the visual amenity of these residents and the occupants of this site

* How far away is the primary road network?
The site adjoins the primary network

* Distance to GP surgeries, schools, dentists, hospitals, shops, community facilities?

Local bus services are infrequent and that distances to nearest bus stops are not within acceptable

There are no formalised pedestrian walkways or cycle-ways along this busy stretch of road. The site offers a lack of choice of modes of transport for occupants and/or visitors.

The site would therefore - most likely - be car dependent.

This weighs against the site in terms of its choice or sustainability.

This point was born out by the earlier interim assessment report commissioned by WDC (1 Sustainability Assessment).


* [Sports provision]

A 4-5 pitch site could generate in the region of 25 plus trips per day (business, personal, school) with little or no opportunity to offset this through use of local bus services.

* General availability of school places.

WDC has stated that 'school places are available' whereas local opinion tends to disagree and feels that 'local schools are full'. It may be appropriate for BTPC to discuss with Governors and others the actual picture with perhaps the provision of accurate/ transparent statistical data to be fed into the consultation process to demonstrate availability of places.

Information should also be made available as to when new schools will be built and new places available as this also may affect the viability of the site from a site shortlisting perspective.

* Is the potential site on previously developed land?
No. See comments above

* Access issues

'Access and visibility splays are achievable if some roadside vegetation is removed' (WDC comments)

Whilst this may be accepted, WDC to comment on the issue of large slow moving vehicles (towed caravans, trailers etc.) seeking to access the site by way of a right turn across the carriageway.

During various site visits traffic has been observed to be fast moving and the relatively narrow carriage-way currently offers no prospect of 'hatching' to filter right turning vehicles into a separate lane (allowing other vehicles to pass by safely). This factor may militate against road safety and impact on traffic flow and would need to be assessed in detail prior to its continued inclusion as a preferred site.

Note: Policy DP6 of the Warwick District Local Plan 1996 - 2011 states that development will only be permitted which provides safe and convenient access and where development can demonstrate that does not cause harm to highway safety.

* [Steep Access to site]

Key concern relates to access (down) a steep slope and onto an un-level site.

Members of the travelling community suffer disproportionately with ill health. Information as to how occupants with limited mobility needs would cope in such circumstances (uneven/sloping/ or re-levelled terrain) is not available or referred to as part of the early accessibility or sustainability equation. This should form part of an early design statement relating to the site.

* Level site?
No .Our key concern relates to access (down) a steep slope and onto and un-level site.

* Suitable size

See remarks above regarding the need for a design statement which would address (a) whether the site was suitable and (b) what would be the appropriate size of the site.


* Availability

The land is available/ in public ownership and available for transfer to from WCC to WDC (and thereafter for sale) on request.

* Deliverability [and Conclusions]
In terms of timescale 'In theory, it should be possible to deliver
this site ahead of others as the land can be transferred easily' ( WDC comment)

8-Conclusion:

(a) there are key factors which indicate that the site is unacceptable (national policy, ecological, topographical, service availability, sustainability)

(b) there are key elements of information missing which mitigates against the sites further inclusion as a preferred site (flooding, design potential, archaeological significance) and

(c) that this site (with or without further information) presents itself as unattractive to a potential developer and should be removed from consideration as a 'preferred' site by WDC.

Comment

Representation ID: 65607

Received: 02/06/2014

Respondent: Bishop's Tachbrook Parish Council

[Report by Link Support Services (UK)Ltd on behalf of Bishop's Tachbrook Parish Council. The report comments on the suitability of the site use as Gypsy and Traveller in two parts - a general assessment and a detailed commentary on WDC's own assessment of the site ].

Site Suitability:

* It is evident that this 'preferred site' site has significant potential to become a site for gypsies and/or travellers given that it has extant planning permission for purposes which are not dissimilar to the proposed use.

* This use was supported (with condition) by both BTPC and the Warwick Society. The site has good (recently installed) access suitable for caravans and other large vehicles and from discussions with many local residents there is a widespread (though not unanimous) view that this is a locally 'preferred' option.

* BTPC is however cautioned to seek detailed reassurances from WDC - that a number of key issues are addressed relating to:
(a) Contamination
(b) Flood risk
(c) Ecological protection
(d) Sustainability (there being 'poor access to public transport and no suitable path along the A425 for walking'

Detailed information is required from WDC and any prospective developer (an early stage) to justify continued inclusion as a 'preferred site' and/or in the event that any Planning Application is brought forward. This will provide confidence to all parties (including an Inspector at Examination in Public and any prospective developer) regarding the viability and deliverability of the site.

Site expansion concerns:

* BTPC should also seek reassurances from WDC that any support for residential use of this site should not be seen as a 'green light' for further urbanisation and extend beyond the current site boundaries. This is important to preserve the openness and historic countryside otherwise enjoyed around this site - particularly given that 'Banbury Road is also part of the 'historic green approach to Warwick, culminating at the Castle Bridge' (Warwick Society).

* the issue of 'setting' has not been resolved satisfactorily but that it may be capable of being resolved given that similar issues were successfully addressed in the previous planning application.

* Should the owner of the site be minded to sell the site - or operate the site for traveller site purposes - it would therefore seem to offer a potential solution to deliver some pitch provision in the District i.e. up to a maximum of 10.

* Delivering this site in the short to medium term would no doubt rely on the owner, WDC and perhaps a third party - such as a specialist Housing Association provider - being able to agree terms to acquire, develop, deliver and maintain the site to high standards, securing in the process the necessary permissions. Failure to achieve this will significantly undermine the deliverability of the site - particularly if a lengthy process of compulsory purchase is embarked upon by WDC.

[Consultation Outcomes:
Feedback from residents at two local consultation meetings indicated that this was generally (although not unanimously) a locally 'preferred' option given the similarity in proposed use.

Residents also expressed the belief that if the site was owned and managed by a specialist Housing Association there would be greater levels of accountability, transparency and effectiveness to ensure that:

(a) Planning permissions would be implemented in a timely way - given lengthy delays associated with the current site and that
(b) Complex issues such as contamination monitoring and sensitive environmental protection would be better managed.

[Conclusions]:

BTPC is therefore recommended to welcome further discussions by WDC, the owner 'et al' regarding the future potential use of GTalt01 as a traveller site (with conditions) and request information relating to issues described above.

BTPC is also recommended to offer further opinion on this site:
(a) In the event that the site progresses to the draft submission stage (whereupon a further round of consultation will be launched by WDC).

(b) At any 'Examination in Public' phase of consideration by a Planning Inspector (should the site be taken forward).

(c) In the event that any new planning applications are brought forward for change of use.

Comment

Representation ID: 65608

Received: 02/06/2014

Respondent: Bishop's Tachbrook Parish Council

[Report by Link Support Services on behalf of Bishop's Tachbrook Parish Council. The report comments on the suitability of the site use as Gypsy and Traveller in two parts - a general assessment and a detailed commentary on WDC's own assessment of the site ].


Commentary on WDC Site Assessment Criteria:

1-Landscape character

GTalt01 does correlate to one or more of the descriptions contained within Policy H of the Planning Policy for Traveller Sites which adds weight to its 'preferred' status.

2-Nature conservation designation

The site has an important role within the wider ecological and biodiversity setting of the area. This factor weighs against the site in terms of any strategic sustainability appraisal as required at draft submission stage. This weight would however be reduced (acknowledging the lawful use of the site and) dependent on the design and effectiveness of mitigation strategies referred to in the Habitat assessment report [submitted in support]:
'If the site is developed it is recommended that a buffer should be retained with a wildlife corridor along the Tach Brook'.

3-Historical Designation
'Fieldscapes. Very large post war fields/Woodland, broad leaved plantation' (ll WDC site assessment comments GT15)

4-Infrastructure requirements

BTPC to clarify with WDC all potential infrastructure requirements (including land re-levelling) so that feasibility and cost benefit calculations could be assessed. This should be done prior to the site becoming a shortlisted site at the draft submission stage. Further information regarding the supply of electricity, gas, and waste disposal facilities are required (as a long term residentially occupied site) if this site is to remain a 'preferred' site. Such information would give confidence to BTPC, WDC, the Inspector at 'Examination in Public' and any prospective developer that the site is deliverable.

5-Ecology

Agree that site has an important role within the wider ecological and biodiversity setting of the area and that the provision of a broad buffer zone and wildlife zone is feasible and would provide a useful mitigation approach to protect and preserve valuable ecology and biodiversity around the perimeter of the site.

BTPC should require further information as to the current ecological status of the site and seek appropriate independent reports.

BTPC should require conditions to protect and minimise the impact on local bio-diversity and protected species.

6-Flood Risk

WDC has confirmed that 'The Environment Agency's flood map shows that there is potential flooding to the north and along part to the south of the site. Tach Brook runs along the northern boundary. However, the site itself is on higher land and is not in flood zones 2 or 3 (email 3rd April 2014)
This may well alleviate concerns regarding flooding and a more detailed assessment may well be undertaken at any planning application phase and BTPC may wish to offer a view on this at the appropriate point in time.

7-Contamination and other constraints

This is a former landfill site and there are known contamination issues on the site. It is a gassing landfill site which was filled between 1971 and 1990.

Published documentation suggests that 'planning conditions on the existing permission deal with issues of contamination'

BTPC may wish to seek confirmation that (a) such conditions are relevant to a fully occupied residential site (b) the likely 'venting and monitoring' requirements of site for occupational use and (c) the best way of achieving the potentially complex site (and health) monitoring requirements - particularly given that the site might be populated with a number of highly vulnerable people.

WDC may also wish to comment on whether the management of this site and these issues should be located within an accountable structure of governance (e.g. specialist Housing Association provider).

[Design]:

Planning Policy for Traveller Sites - Department for Communities and Local Government 2012 (PPfTS) states that when assessing sites in a rural or semi-rural setting, site development must accord with the design principals and specific issues contained in Designing Gypsy and Traveller Sites, Good Practice Guide, DCLG (May 2008).

Recommend that WDC provide a clear statement or design brief for the site. This will either eliminate the site from further consideration or else provide greater confidence to WDC, an Inspector at Examination in Public or a prospective developer. Given that the site is being assessed as part of a shortlisting process we feel that this key matter should not be left to the Planning Application stage.

[Noise]:

The relative close proximity of the site to a busy main road may give rise to increased levels of noise nuisance. The effects of noise nuisance on occupants sleeping in vulnerable structures (as a long term arrangement as opposed to a short holiday experience) at this site is unknown and should be investigated further (as part of the design requirements) if the site is to remain a 'preferred' site.

[Heritage]:

Archaeology:

It is noted that the 'Warwickshire County Council archaeology officer comments are awaited and will contribute to the evidence base when available'. (WDC email 3rd of April)

No assessment is therefore currently available as to this facet of the site. It is probably the case however that the significant and prolonged disturbance at the site (associated with extended use as a landfill) will have reduced the archaeological value of the site.

Potential Impact on setting of Listed Buildings:

The Warwick Society has previously stated in 2008 (whilst commenting on Planning Application W2008/1528 - Brookside Willows Ltd. Banbury Road) that
'the boundary of the Grade 1 listed Warwick Castle Park is on the opposite side of the Banbury Road to the development and it is obligatory that the setting of the Park should not be adversely affected by it.

Impact on Landscape Character:

English Heritage must be consulted in the event that a:
'Development (is) likely to affect any garden or park of special historic interest which is registered in accordance with section 8C of the Historic Buildings and Ancient Monuments Act 1953 (register of gardens) and which is classified as Grade I or Grade II* (Schedule 5 paragraph (p) of the Town and Country Planning (Development Management Procedure) (England) Order 2010) 37

WDC and English Heritage should clarify the extent to which the site affects the setting of Castle Park and be satisfied, subject to any necessary mitigation, that no harm would result.

8-Potential Site Expansion

Although BTPC did not object to the above mentioned Planning Application it did express concern that controls should be in place to ensure that the site did not spread into 'fresh fields' beyond the current boundaries (see below).

Related to this point BTPC may ask for WDC to clarify how they would accommodate future family growth needs on this site given flood zone restrictions. BTPC may wish to make a similar point to WDC in association with those raised here.

Would caution that in any consideration of a planning application WDC would only be able to consider the application as presented.

The representations made by BTPC on the previous planning application stated:

'Owing to the 20-plus years of planning application history for this particular change of use it is not reasonable for us to demand that those policies are upheld in this instance. For the same reasons (the Rural Area Policies of the Local Plan) the council is concerned about possible future growth of the caravan park into fresh fields, and we ask the planning officer to impose conditions that inhibit the growth of the caravan park beyond the current boundary'.

9-Agricultural land quality

Given the previous uses of the site we would caution reliance on the classification (Grade 2 and 3) in this case

10-How visible and open in character is the site?

Trees have been recently removed from the front perimeter area - increasing the openness of the site.

Currently there is a long line of 'herras' steel temporary fencing along the frontage. To compensate for the loss of the trees (and avoid a prominence in the street scene/ landscape) a revised screening strategy would be required as part of a new site design layout.

This is also an important facet of the site given the importance of the 'setting' of the site.

Recommend that BTPC request design details from WDC/ developer as part of any conditional support for this site.

11-Can the site be visually screened adequately?

See previous comments

12-Is the site close to other residential property?

There are other residential properties fairly close to the site. Dependent on the screening provision this factor has the potential to affect the visual amenity of these residents and the occupants of this site

13-How far away is the primary road network?

Banbury Road runs along the western boundary of the site and the site is close to the primary road network

14-Distance to GP surgeries, schools, dentists, hospitals, shops, community facilities?

Although the site is 'close to the urban area' there are only (relatively) short sections of (new) footpaths extending north and south of the site with no formalised or informal pedestrian walkways or cycle-ways further along this busy stretch of road and into Warwick. The site offers a lack of choice of modes of transport for occupants and/or visitors. The site would therefore - most likely - be car dependent. This weighs against the site in terms of sustainability.

15-Availability of School Places:

WDC has stated on various occasions that 'school places are available' or will be built as part of the local plan. Local opinion tends to disagree with the level of current provision and feels that 'local schools are full'. It may be appropriate for BTPC to discuss with Governors and others the actual picture with perhaps the provision of accurate/ transparent statistical data to be fed into the consultation process to demonstrate availability of places. Information should also be made available as to when new schools will be built and new places available as this also may affect the likely deliverability of the site

16-Is the potential site on previously developed land?
Yes

17-Access issues

[Satisfactory access arrangements can be made]

18-Level site?

No

Design statement required for the site which addresses the issue of any issue of any site levelling requirement and access for people with mobility difficulties who occupy the site on a long term basis and to ensure that the site is well laid out and landscaped.

19-Suitable Size

'Given that the site has 'capacity for 15 pitches' it would be helpful for WDC to explain why [limit of 10 suggested by WDC] the additional 5 pitches would not be appropriate in the event that this site was developed for residential G&T purposes.

20-Availability

The intentions of the owner (regarding the possible sale of the site or acting as a traveller site developer) are unknown and BTPC are advised to seek clarification from the owner and/or WDC.

21-Deliverability

It is agreed that with the land owners agreement [and subject to appropriate steps taken to adhere to previous planning decision conditions regarding possible gassing] that the site could be delivered quickly.

22-Conclusions

It is evident that the site performs well in many areas as a potential traveller site and indeed some residents engaged in the previous WDC consultation process nominated this site for consideration. In addition:

(a) the site has approved use for similar use to that which is proposed and

(b) BTPC did not previously object to the use as a caravan site.

For these reasons we would recommend that BTPC should welcome further discussion of this site as a potential traveller site to understand

* the owners position and

* whether the issues raised above can be mitigated and addressed

WDC's view as to how the site will be developed and managed in the future (e.g. Housing Association) as this was clearly a preferred option from our local community engagement events

Object

Representation ID: 65609

Received: 02/06/2014

Respondent: Bishop's Tachbrook Parish Council

This representation by Link Support Services (UK) Ltd on behalf of Bishop's Tachbrook Parish Council relates to Alternative Site GT05.


This 'alternative site' is not currently the subject of formal consultation and by definition is (a) considered to meet a fewer number of WDC's assessment criteria at this point in time and is (b) not suitable for public consultation at this point owing to the absence of information which is still awaited - and which needs to be assessed.

However it is likely that:

* the site may be considered further if other sites prove to be unacceptable or unviable and pitch provision cannot be achieved from the remaining 'preferred' list sites

* The continued unresolved status of this site will cause concern and blight to both the land/landowner and local community.

* Link Support Services Ltd therefore been instructed by BTPC to consider this site as a potential traveller site based on available information (including two independent technical reports relating to ecology and Highways) and

(a) gauge local community feeling through the BTPC engagement events

(b) understand the owners perspective on the possible use of the site for these purposes (as this affects availability and deliverability) and

(c) advise BTPC of an appropriate response to WDC in advance of their further potential consideration of the site

A detailed assessment of this 'alternative' site is contained within this report but in summary conclude:

* Site Availability

This site is not available - unless by compulsory purchase (CP) and the acquisition of the site by these or other means is strongly opposed by the owners. CP is an extremely lengthy and costly process without a guaranteed outcome. There is therefore a very uncertain prospect of the site being deliverable. The owners of the land and their agent have verbally communicated their strong opposition to us regarding these potential proposals and are making separate representations to WDC.

* Highways and Access

[The representation refers to a Transport Assessment submitted in support of the representation]

With regards to the creation of vehicular access to the site, an independent Transport report commissioned by BTPC offers the following conclusions:
* The layout of the A452 adjacent to the site and the existing accident record of junctions along the A452 in the vicinity of the site, indicate that a safe access to a travellers site at Hill Farm cannot be achieved and any new junction would worsen an already poor safety record along this section of highway.

* The site is also poorly located in terms of access by non-car modes with pedestrian safe access to the site difficult to achieve.
This site is not suitable for the provision of a travellers' site in terms of highway safety and accessibility and Warwick District Council may wish to remove it from their list of potentially viable alternative traveller sites based on these factors.
* Sustainability
The Transport Report also examined this prospective site in terms of access to local services through sustainable means of transport (and other services further afield) and concludes:
'Overall, the site is not in a sustainable location in terms of access to local amenities and also the use of non-car modes and the majority of trips associated with the Travellers site will be via private car to locations outside of the immediate area'. (Refers to Appendix C 5.4.4)

Although the report notes the presence of a Public Right of Way at Hill Farm to the village it concludes:
'There is a Public Right of Way (W106), which traverses the site between Bishop's Tachbrook and Banbury Road. This route is currently unpaved and unlit, would be potentially impassable during periods of harsh weather and would not therefore provide suitable access and egress as an all year round route to and from the village. This route will also prove to be problematic or unviable for young children, mothers with push chairs and people of all ages with mobility difficulties'
* Existing and Emerging Local Plan Policies

Policy DP6 of the Warwick District Local Plan 1996 - 2011 states that development will only be permitted which provides safe and convenient access and where development can demonstrate that it does not cause harm to highway safety.

Questions whether it is possible for a development 'north west of the site' to achieve this objective without major infrastructure investment.

Policy TR1 of the published draft Local Plan identifies that
'Development proposals will be expected to demonstrate that they:
a) are not detrimental to highway safety;
b) are designed to provide suitable access and circulation for a range of transport modes including pedestrians, cyclists and public transport services; ('V1 page 113)

WDC Highways acknowledges that access via the only other road (Mallory Rd) is 'not recommended'.

The inability to construct safe access is in itself (a) justifiable reason to reject this site from further consideration and (b) a reason why this site could fail the test of 'soundness' at Examination in public by an inspector.

A recent traveller site appeal decision (where all other factors - 'for' and 'against' the site - balanced equally against each other) was dismissed on Highway safety grounds. The Inspector (and Secretary of State) concluded that 'withholding permission for the families to live on the site is necessary to overcome the identified threat to public safety and to minimise the risk of an accident and personal injury' (Appeal decision Nov 2013 APP/ Q4625/A/13/2195328 - Eaves Green Lane Meriden Solihull)

* Potential Landscape and Visual Impact
Given that this site represents part of a rural buffer zone between the Banbury Rd and the village - with clear views across the fields from Mallory Rd, any development at this prominent location (whether with business use or not) would cause an adverse impact on the visual amenity and character of the countryside. This report concludes therefore that the development of this site would be contrary to WDC's Policy DP1, since it would not positively contribute to the character or quality of its environment, and would also be contrary to Policy DP3 by failing to protect and enhance the landscape character of the area.

The base use of the land is agricultural and it is previously undeveloped land (which is a negative factor in terms of government policy).

WDC recently (Feb 2014) refused an application for housing in close by fields (PA W/13/1688). Of particular relevance are the comments on page 11 of the Committee report which states that: The visual impact of development on the site upon the wider landscape was considered independently by Warwickshire County Council in their "Landscape Sensitivity and Ecological & Geological Study", as part of the supporting evidence base for the Council's Village Options. This assessed the landscape sensitivity to housing development as High, stating that the existing settlement edge is very prominent and further development would exacerbate this and erode the rural character of the zone and setting of the Tachbrook Hill Farm Listed Building. Development on higher ground would be particularly visible and should be avoided, and tree belts/hedge lines should be improved......."

Given that the landscape sensitivity to housing is 'high' it is felt that other forms for housing will also adversely affect this this sensitivity.

* Potential Ecological Impact

[The representation refers to a Ecological Report submitted in support of the representation]

An independent ecological report (attached at appendix B) also notes the likely negative effect of creating vehicular access from the Banbury Rd on some of the most ecologically valuable parts of the site (i.e. mature oak trees or the semi-natural woodland along the western boundary which is 'indicative of the historic landscape pre-dating its use for agriculture'.

The dominant Oaks undoubtedly contribute to the visual amenity and countryside character and should be protected. The construction of a vehicle access (wide enough to provide for use by trailers etc.) close to a tree (or trees) may also be undesirable due to the known intolerance to this species, and water and nutrient competition from the adjacent woodland.

* Community Concerns

The identification of this site - even as an 'alternative site' - has caused the greatest level of community concern which is united in its opposition to the development of this prospective site (evident at our facilitated public meeting and separate drop in event). The local community has (with strong justification) concerns about Highways safety - and in some cases knowledge of incidents, accidents and fatalities along this stretch of road. The community also raised with us the point that there are no safe walking routes from the site to the village (being without a formalised footway or street-lighting) and the impact on the countryside.

[Reference is made to a letter submitted by a local resident
regarding the devastating effect on her and her family following a fatal road collision at the site junction (Mallory Rd/ Banbury Rd in 1992]

* Other Concerns

[Other concerns include]:

* Negative impact on the farm owner's business-
causing the loss of productive agricultural land.

* Negative impact on the residential amenity of the current land owners (causing unacceptable loss of outlook and possibly privacy).

* Potential archaeological value of the site (comments awaited).

* Potential impact of traffic noise on site residents.

* Whether the larger area of the site would be used - or acceptable to WDC for traveller related business purposes (storage of building materials or plant and equipment, storage of scrap metal or scrap processing etc.)

* Negative impact on the enjoyment of users of an existing Public Right of Way (W106), which traverses east-to-west through the site between the residential area and Banbury Road. This route is unpaved and unlit.

* Conclusions:

Given the significant known 'negatives', lack of information, uncertainties and community concern surrounding this site recommend that BTPC should:

(a) reject this site as a potential residential traveller site and
(b) make representations to WDC to remove this site from further consideration for the reasons identified above.

Object

Representation ID: 65610

Received: 02/06/2014

Respondent: Bishop's Tachbrook Parish Council

This representation by Link Support Services (UK) Ltd on behalf of Bishop's Tachbrook Parish Council realtes to Alternative Site GT06

This is an 'amber' rated site which means that it is 'possibly suitable depending on a number of factors such as information still to be received and assessed' There is therefore (by definition) less confidence that a site is suitable in principal without the provision of information 'still to be received an assessed' .

As with GT05, this 'alternative site' is not currently the subject of formal consultation and by definition is (a) considered to meet a fewer number of WDC's assessment criteria at this point in time and is (b) not suitable for public consultation at this point owing to the absence of information which is still awaited - and which needs to be assessed.

However it is the case that:

* the site may be considered further by WDC if other sites prove to be unsuitable/unviable and

* the continued unresolved status of this site will cause concern to both the landowner and local community

Have therefore been instructed by BTPC to consider this site as a potential traveller site based on available information and
(a) gauge local community feeling through the BTPC engagement events
(b) understand the owner's perspective on the possible use of the site for these purposes (as this affects availability and deliverability)
(c) advise BTPC of an appropriate response to WDC in advance of their further potential consideration of the site

* Site Availability

This site is not available - unless by compulsory purchase (CP) and the acquisition of the site by these or other means is strongly opposed by the owners. CP is an extremely lengthy and costly process without a guaranteed outcome. There is therefore a very uncertain prospect of the site being deliverable.

* Potential Visual Impact

The base use of the land is agricultural and it is (in part) previously undeveloped land. There would therefore be an unacceptable impact on the visual amenity and character of the countryside. This impact could be heightened by the creation of any new vehicular access i.e. 'If a new access is to be created it is unlikely that an access could be created any closer to the existing roundabout without the requirement for removal of hedgerow/trees'. (See Highways Report comments shown in section 14)

* Highway Safety

There is also an absence of Highway safety information regarding access and the implications for Highways Safety and traffic flow on the creation of a new access and the type and volume of traffic likely to frequent this site.

The owner of the farm building will not consent to the existing access being used for the potential stated purpose. This is in addition to the - different - owner of the land being opposed to the use of his land for residential development). These twin objections constitute:

* materially relevant factors which undermine the viability of the site and

* undermine the prospects of the site being available and deliverable in the short term without resort to lengthy and costly legal recourse.


* Issues raised in WDC Assessment

WDC also flags up issues in its own assessment which - as yet - remain unresolved i.e.
(a) Land contamination
(b) Noise from Warwick by pass (c) Possible problems to viable agricultural unit and
(d) Proximity to Grade 1 Listed Park and Garden at Castle Park)

As with GTalt01, WDC needs to address the issue of how any proposed development (with or without potential business use) would affect the historical 'setting' of the site (Park and Garden at Castle Park). The NPPF is helpful in this respect as setting is defined in annex 2 of the NPPF :

"The surroundings in which a heritage asset is experienced. Its extent is not fixed and may change as the asset and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset, may affect the ability to appreciate that significance or may be neutral."

"The value of a heritage asset to this and future generations because of its heritage interest. That interest may be archaeological, architectural, artistic or historic. Significance derives not only from a heritage asset's physical present, but also from its setting'

Note:
(a) the designated status of the said heritage assets
(b) the acknowledged lack of information regarding an assessment of its significance
(c) the lack of information regarding the impact of any proposals on the 'setting' and whether mitigation measures as required are deliverable

This 'alternative' site therefore currently fails to comply with this national policy requirement. There is also no prior approval relating to this site to rely upon on (unlike GTalt01) to suggest at this stage that this issue can be successfully addressed.

* Sustainability

It is likely that the site would be car dependent without good local access to key services (which crucially reduces its sustainability).

* Conclusions:

a- The site has characteristics which render it unsustainable as a residential traveller site with 'major negatives' weighing against it which are unlikely to be resolved.
b- There is not enough information to support the contention that this site is viable, deliverable or 'sound' and

c-There are large gaps in knowledge and information leaving the issues that WDC, local residents and this report have identified unresolved

d-Recommended that BTPC reject this site as an 'alternative' site and liaises with WDC to request its withdrawal from further consideration as a potential traveller site.

Object

Representation ID: 65611

Received: 02/06/2014

Respondent: Bishop's Tachbrook Parish Council

BTPC OBJECTS to this preferred option, because from the evidence available from WDC and from the assessments made by BTPC's team of experts there are too many major negative factors which are already apparent at this stage which would have to be overcome. Some of the major negative factors are listed as follows:

*The site is located on a very busy major road and costly infrastructure would need to be provided to allow large articulated vehicles to access and exit the site safely.

*Negative impact on ecology, water quality and concerns relating to air quality effects and noise pollution impact on occupants.

*Remote from basic services and amenities and no access to the site by 'non car modes', leading to sustainability concerns.

*The site does not have easy access to utility connections and it has been stated by WDC that both HV and LV power network changes would be needed to make the site deliverable which may make the site financially unviable.

*The site is small and sloping and it may not be possible to construct the on-site access roads and hard-standings required for a gypsy and traveller site.

*Site infrastructure would require extensive clearance of flora and fauna. This will have an ecological impact.

*The removal of this would create visual impact through views created into the site from a historic footpath on the south side of the Tachbrook Valley and from the proposed country part on the northern side of the Tachbrook Valley.

*The potential for flooding has not been assessed.

Object

Representation ID: 65612

Received: 02/06/2014

Respondent: Bishop's Tachbrook Parish Council

Based on the evidence provided by WDC and from the further evidence provided by BTPC's team of experts, BTPC believes that this site has significant negative factors affecting its suitability as a gypsy and traveller site. A high level summary of these are as follows below:

*This section of the Banbury Road and its junction with Mallory Road are known accident black spots including a history of fatalities. Our experts' report shows that a gypsy and traveller site here would lead to regular movements/ manoeuvres of large articulated vehicles. This would worsen road safety and lead to an even greater incidence of accidents.

*Access from Mallory Road has been deemed unsuitable (County Council assessment) and access onto the Banbury Road cannot provide adequate sight lines.

*In addition, constructing infrastructure to provide access onto Banbury Road will require the removal of a number of mature oak trees and impact on some of the most ecologically valuable features of the land.

*The site is highly visible from a long stretch of the Banbury road in both directions and also from Mallory Road. This is supported by the WCC Landscape Sensitivity, Ecology & Geological Report for the New Local Plan. This assessed the landscape sensitivity to housing development as High.

*Development will impact negatively on this important rural buffer zone and undermine the visual amenity, quality and character of the land

*The owner is not willing to sell and BTPC is against compulsory purchase of this site for the reasons stated above.

*Adverse impact on an agricultural business and

*Adverse effect on the amenity of the owner and other residents

For these reasons and based on the site analysis and detailed evidence in our expert's report conclude that this site should not be considered further as a potential site for Gypsy and Traveller housing and request that it is removed from the District Council's list of "alternative" sites.

Object

Representation ID: 65613

Received: 02/06/2014

Respondent: Bishop's Tachbrook Parish Council

Our experts, having assessed this site using any evidence provided by WDC and also in undertaking their own assessment of this site have concluded that there are a number of major negative factors affecting the viability of this site. Such as:

*The site is unavailable and therefore it is uncertain that it can be delivered. It could only be purchased through compulsory purchase.

*Existing site access (which we believe is in separate ownership) is not available and the need to create a new access would give rise to Highway Safety concerns

*Visual and ecological impact would also be made worse by the creation of a new access.

*Any potential development will adversely affect a viable agricultural business

*There are also concerns about the potential impact on the setting of the historic Castle Park

*This site is very remote from key amenities and services meaning they can only be accessed by car, or by bus but only after a 1/2 mile walk along a major road with no footpath.

*Development will adversely affect the visual amenity, quality and character of the land. Adverse effect on the amenity of the residents at the farm

For these reasons and other factors set out in the detail of the supporting report, this site clearly has a number of substantial factors that cannot be overcome and conclude therefore this site should also be removed from the list of potential alternative sites.

Comment

Representation ID: 65614

Received: 02/06/2014

Respondent: Bishop's Tachbrook Parish Council

This site has significant potential to be taken forward as a possible Gypsy and Traveller Site. The principle reasons for coming to this opinion are as follows.

*The site already has planning permission for use as a touring caravan site which has many similarities to use as a gypsy and traveller site

*It is close to a range of local amenities and services

*Existing highways infrastructure providing safe access and egress for large vehicles is already in place.
But we also have a range of concerns and further information and assessments would be required to firmly establish suitability. For example:
 Whether or not the site is actually 'available' and therefore deliverable (see our comments above on the use of compulsory purchase)

*There is a lack of suitable access to local amenities by 'non car modes' undermining the sustainability of the site.

*Removing concerns about the possible impact on the historic Castle Park setting.

*Addressing flood risk.

*Concerns over contamination, potential site expansion and ensuring the protection of important ecology.

*Structure of governance to oversee development and thereafter manage the site

*The analysis of this site and the areas of concern that remain are dealt with in full in the supporting Link UK report.