Publication Draft

Support

Representation ID: 65994

Received: 27/06/2014

Respondent: Richborough Estates Ltd

Agent: Strutt & Parker

Strategic Policy DS2 is supported in principle, in particular the Council's ambition to provide in full (emphasis added) for the objectively assessed housing need. It is considered that Strategic Policy DS2 is positively prepared; justified; effective; and consistent with national policy as set in paragraphs 47, 50 and 159 of the Framework.

Support

Representation ID: 66604

Received: 27/06/2014

Respondent: Richborough Estates Ltd

Agent: Strutt & Parker

It is considered that the policy provisions as set out within Strategic Policy DS3 accord with the core land-use planning principles as set out at Paragraph 17 of the Framework. It is considered that Strategic Policy DS3 is positively prepared; justified; effective; and consistent with national policy.

Support

Representation ID: 66605

Received: 27/06/2014

Respondent: Richborough Estates Ltd

Agent: Strutt & Parker

The policy provisions as contained within Strategic Policy DS4 are supported. In particular criterion g) which sets out the exceptional circumstances for allowing new development within the Green Belt. In light of the national planning policy requirement for LPAs to identify and update annually a supply of specific deliverable sites sufficient to provide five years' worth of housing against their housing requirements with an additional buffer (paragraph 47 of the Framework), it is considered appropriate for the Local Plan to provide a mechanism through which Green Belt land could come forward. Accordingly, Strategic Policy DS4 is considered positively prepared; justified; effective; and consistent with national policy.

Support

Representation ID: 66606

Received: 27/06/2014

Respondent: Richborough Estates Ltd

Agent: Strutt & Parker

Policy DS5 is fully supported and is considered sound. The Framework makes clear that at its heart is the presumption of sustainable development. We consider that Policy DS5 positively responds in this regard.

Object

Representation ID: 66607

Received: 27/06/2014

Respondent: Richborough Estates Ltd

Agent: Strutt & Parker

Legally compliant? Yes

Sound? No

Duty to co-operate? No

If the LPA is to provide in full for its objectively assessed housing need - as it says it will in Strategic Policy DS2 - then Policy DS6 needs to be amended to read as a minimum 12,960 new homes. Table 97 contained within the Coventry and Warwickshire Joint Strategic Housing Market Assessment Final Report, November 2013 identifies the assessed housing need for Warwick District as being 720 dwellings per annum. 720 dwellings per annum over the identified 18 year Plan period (2011-2029) equates to 12,960 dwellings not 12,860 dwellings.

Object

Representation ID: 66608

Received: 27/06/2014

Respondent: Richborough Estates Ltd

Agent: Strutt & Parker

Legally compliant? Yes

Sound? No

Duty to co-operate? No

As a consequence of the proposed change to Policy DS6 referred to above, the reference in Policy DS7 to a housing requirement of 12,860 needs to be amended to read as a minimum 12,960 new homes between 2011 and 2029 accordingly.

Whilst we agree with much of the strategy for the delivery of housing across Warwick District, it is considered that the WDLP does not provide sufficient flexibility for the delivery of the proposed housing, to the extent that this part of the plan is not justified and its effectiveness would be compromised as a result. As noted above, paragraph 14 of the Framework requires the WDLP to have sufficient flexibility to adapt to rapid change. It must therefore be able to robustly demonstrate that it is capable of delivering its housing strategy. The successful delivery of housing is fundamental to the effective implementation of the Plan. Failure to maintain a supply of land to deliver new homes throughout the life of the WDLP compromises its compliance with the national planning policy.

The Framework and supporting online Planning Practice Guidance makes clear that Local Plan housing requirements should be informed by a full objective assessment of overall housing need of the housing market area which is to be set out in an up-to-date Strategic Housing Market Assessment ("SHMA"). Recent case law2 also confirms that the full objectively assessed need should leave aside policy considerations, placing an emphasis on LPAs to ensure that overall housing need is not constrained by development plan policies.

The Coventry and Warwickshire SHMA was published November 2013 and its primary purpose was to guide, inform and support the development of planning and housing policies. Its preparation sought to respond to the requirements of the Framework and the Statutory duty to cooperate in progressing strategic planning issues across local authority boundaries (paragraph 1.3). Section 7 considers the future housing needs for the Coventry and Warwickshire sub-region with reference to a number of scenarios. Section 11 of the SHMA concludes that the overall housing requirement for the subregion equates to 3,750 dwellings per annum ("dpa") for the period 2011 to 2029.

We are aware that Richborough is part of a consortium of housebuilders and strategic land promoters who commissioned Barton Willmore to carry out an independent objective assessment of housing need across the Coventry Sub-Region. The primary purpose of the study is to determine whether the WDLP is planning for a sufficient quantum of new housing going forward. In summary, the Study concludes that for the Coventry and Warwickshire sub-region a minimum housing requirement of at least 5,100 dpa is required over the course of the Plan period (2011-2029). In respect of Warwick District, the Study demonstrates a requirement for 900 dpa - 18,000 dwellings between 2011-2031. It is submitted that the level of housing advocated by the Barton Willmore Study is significantly above that identified within the Coventry and Warwickshire SHMA.

According to the LPAs evidence base3, it cannot demonstrate a five year supply of housing land. The supply as at February 2014 - calculated using the previous WDLP housing figure of 12,300 - was 2.8 years. Adjusting this figure accordingly to reflect the assessed need at 720 dwellings per annum (12,960 dwellings) now being planned for reveals a District housing land supply equivalent to 2.6 years. In the context of being able to demonstrate a five year rolling housing land supply from the point of the Plan's adoption, it is considered that the WDLP is not presently sound. It is considered that an added complication to this existing position is that the strategic allocations in the WDLP are dependent upon major infrastructure. Equally, as explained below, the delivery of the strategic allocation at Thickthorn is not entirely certain. As such, the WDLP must address the consequences of a possible shortfall in housing land supply, including possible contingency arrangements in order to be found sound. This was a strategy that was followed by Rugby Borough Council in its now adopted Core Strategy and given that that Council can no longer demonstrate a five year housing land supply principally due to the delay in bringing forward a major strategic allocation, then similarly the WDLP should incorporate flexibility into the strategy to bring forward additional housing sites if the need arises.

The WDLP's current response is for a review or partial review of the Plan if the monitoring evidence indicates that the plan is out of date. It is submitted that critical to any flexible policy to deal with rapid change is the matter of a trigger for when such remedial action would have to be started. The consultation draft Plan makes no such provisions. Moreover, there is no provision within the Plan for a quick and less complex method of dealing with these deliverability problems that may arise. Delays to or even the failure to deliver any of the strategic urban allocations would mean that alternative housing land needs to be provided elsewhere in the District. Given that much of the District is subject to Green Belt policy it is submitted that the WDLP needs to clearly provide for a mechanism to release development sites as and when they are required.

Specifically, in the context of Kenilworth a delay in finding a satisfactory new home for Kenilworth Rugby Club ("KRC") will prevent Thickthorn from being planned and developed comprehensively. It is submitted that no prudent developer or strategic land promoter would be willing to progress the site, even to outline application stage, without certainty surrounding vacant possession for the land controlled by KRC.

It is clear that the LPA has done a considerable amount of work analysing windfall and has placed a heavy reliance upon it. As such, there is some flexibility in the Plan for additional housing development if slippage were to occur to the anticipated delivery rates for the strategic sites. However, it is submitted that as currently drafted the Plan accounts for 12,964 homes to meet the identified housing requirement of 12,960 homes. An overprovision of housing - 4 homes - suggests that the LPA is not planning positively. Accordingly, it is submitted that the Plan requires further flexibility.

Object

Representation ID: 66609

Received: 27/06/2014

Respondent: Richborough Estates Ltd

Agent: Strutt & Parker

Legally compliant? Yes

Sound? No

Duty to co-operate? No

The identification of 850 new homes on Greenfield sites on the edge of Kenilworth within Policy DS10 is not considered sound when considering the need to allocate additional land to ensure sufficient flexibility in housing delivery and the proposed amendments advocated by the representation to Policy DS11 outlined below. Policy DS10 could be made sound by increasing the number of new homes to be provided on the edge of Kenilworth through the allocation of the land controlled by Richborough at Warwick Road.

Object

Representation ID: 66610

Received: 27/06/2014

Respondent: Richborough Estates Ltd

Agent: Strutt & Parker

Legally compliant? Yes

Sound? No

Duty to co-operate? No

The allocation of 760 new homes on land east of Kenilworth as set out in Policy DS11 (Greenfield Site Ref. H06) is supported in principle. However, as submitted through these representations, there is a significant degree of uncertainty associated with the comprehensive delivery of the site. This is because a major landowner - KRC who control approximately 20% of the overall allocation site area, one third (255 dwellings) of the total housing proposed (760 dwellings) - will need to be relocated.

Object

Representation ID: 66611

Received: 27/06/2014

Respondent: Richborough Estates Ltd

Agent: Strutt & Parker

Legally compliant? Yes

Sound? No

Duty to co-operate? No

As drafted it is considered that Policy DS20 is not sound. It fails in our opinion to provide a 'concrete action' or satisfactory outcome as the LPA is effectively deferring the identification of developable sites to meet the needs of an adjoining authority if the need arises. There is concern, following the withdrawal of the Coventry Core Strategy in 2013, that the Council will not be able to meet all of its identified housing need within its administrative boundaries. Accordingly, Coventry City Council will be looking to the adjoining authorities - in particular Warwick District - to make provision for its housing needs. This is highlighted in the Coventry and Warwickshire Duty to Cooperate Statement that forms part of the evidence base underpinning this WDLP.

If it is found that Coventry will not be able to meet its own housing needs then Warwick District should seek to identified a suitable housing implementation strategy now rather than delaying the inevitable. It is submitted that the LPA is not taking a proactive, positive and collaborative approach to resolve these issues.