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TOWN AND COUNTRY PLANNING ACT 1990

NORTH WARWICKSHIRE LOCAL PLAN EXAMINATION

INSPECTOR'S QUESTIONS MATTER 6 – PLANNING AND ENVIRONMENTAL CONSTRAINTS DATE TO BE CONFIRMED

REPRESENTATIONS ON BEHALF OF WALTON HOMES

IN RESPECT OF LAND AT HEMLINGFORD MILL, COVENTRY ROAD, KINGSBURY, B78 2DX

CET/JAG 29 August 2018

Three Spires House Station Road Lichfield Staffordshire WS13 6HX T : 01543 418779 E : [email protected] W : www.ctplanning.co.uk Registered in England 4110624

MATTER 6 – PLANNING AND ENVIRONMENTAL CONSTRAINTS

INTRODUCTION 1. CT Planning is retained by Walton Homes who have an interest in the land at Hemlingford Mill, Coventry Road, Kingsbury as identified in red on the attached plan 4743.99 (Appendix 1). The land at Hemlingford Mill comprises of some 2.2 hectares and has frontages to both Coventry Road and Piccadilly Way.

ISSUES AND QUESTIONS 6.1 The vision for North Warwickshire in LP paragraph 4.6 includes respecting the rural character of the Borough. The NPPF 2012 sets out that planning should recognise the intrinsic character and beauty of the countryside and seek to protect valued landscapes. Is the North Warwickshire LCA report of August 2010 [CD7/1] an appropriate evidence base for establishing landscape character?

(a) Considered overall, would LP policies including LP14 ‘Landscape’ achieve the LP vision of ensuring that rural character is maintained?

No Comment

(b) Where are any specific areas of conflict between LP policies?

No Comments

North Warwickshire Local Plan 2 Land at Hemlingford Mill, Inspector's Questions Coventry Road, Kingsbury, B78 2DX Matter 6 Representations on Behalf of Walton Homes

6.2 Is the Coventry & Warwickshire Green Belt Study [CD6/9] robust evidence?

(a) Have appropriate parcels of land been suitably and consistently assessed relative to the purposes of Green Belt set out in paragraph 80 of the NPPF 2012?

(b) Has CD6/9 has suitable regard to any other, subsequent, or wider strategic Green Belt studies? Are its findings consistent with them?

(c) Noting LP paragraph 7.14, have exceptional circumstances been demonstrated to justify all alterations to the Green Belt?

(d) Have sustainable patterns of development been considered in the approach taken in the LP?

No Comment

(e) Is safeguarding of land west of Tamworth Road, Kingsbury, for potential future development suitably justified, including being necessary to meet longer- term development needs well beyond 2033?

Policy LP4 and the safeguarding of land from the Green Belt for potential future development needs of Kingsbury is supported by Walton Homes; objection is however raised to the choice of site to be safeguarded.

North Warwickshire Local Plan 3 Land at Hemlingford Mill, Inspector's Questions Coventry Road, Kingsbury, B78 2DX Matter 6 Representations on Behalf of Walton Homes

 What particular part of the document is unsound Policy LP4: Safeguarded Land for Potential Future Development

 Which soundness test(s) does it fail? The soundness tests that are failed are “Positively Prepared” , “Justified” , and “Effective”.

The NWLP is not positively prepared because the actual site chosen to be safeguarded at Kingsbury is not deliverable.

The NWLP is not justified as the actual site chosen to be safeguarded from the Green Belt at Kingsbury (West of Tamworth Road) is not an appropriate site to fulfil the future development requirements of Kingsbury and the Borough as a whole.

Finally, it is not effective because the land proposed to be safeguarded from the Green Belt, West of Tamworth Road, is not deliverable. The allocation of West of Tamworth Road as land safeguarded from the Green Belt and the strategy underlying it is not fully explained.

 Why does is fail? Representations are made on behalf of Walton Homes to Matter 4 on the basis that additional housing allocations should be made in Local Service Centres, especially within those Local Service Centres (Kingsbury and New & Old Arley)

North Warwickshire Local Plan 4 Land at Hemlingford Mill, Inspector's Questions Coventry Road, Kingsbury, B78 2DX Matter 6 Representations on Behalf of Walton Homes

which have no housing allocations. In this context, it was proposed that the land south east of Hemlingford Mill, Coventry Road, Kingsbury as edged red on drawing 4743.99 (Appendix 1) should be deleted from the Green Belt and allocated for housing within the context of Policy LP39.

Kingsbury is identified in NWLP Policy LP2 as a Local Service Centre; a designation which is supported. The settlement supports a wide range of facilities and services that include a primary school, a secondary school, a swimming pool (situated at the secondary school but open to the public), two public houses, the Swan and the Royal Oak, a country club, churches, a doctors' surgery and shops. Kingsbury is also well served by public transport.

If a specific allocation is not to be made in Kingsbury then, at the very least, the NWLP should safeguard land from the Green Belt to meet future development needs of Kingsbury and maintain to maintain and enhance the wide range of services and facilities in the village and maintain its status as a Local Service Centres.

Attached at Appendix 2 is an extract from the Environment Agency’s flood maps. It will be noted that part of the proposed safeguarded land west of Tamworth Road falls within Flood Zone 3. This could reduce the scale of any development that could be achieved on this if and when it is required for development.

North Warwickshire Local Plan 5 Land at Hemlingford Mill, Inspector's Questions Coventry Road, Kingsbury, B78 2DX Matter 6 Representations on Behalf of Walton Homes

Attached at Appendix 3 is a plan showing the route of HS2 (Phase 2b). It will be evident from this plan that the route of HS2 (Phase 2b) passes directly through the land West of Tamworth Road that is proposed to be safeguarded under NWLP Policy LP4. It is submitted that HS2 (Phase 2b) and its construction will impact upon the timing of the delivery of the land West of Tamworth Road. HS2 (Phase 2b), when completed, will limit the scale of development that can be accommodated on the West of Tamworth Road, site. Not only as a result of land lost to the construction of the railway, but on account of achieving a satisfactory level of amenity. It is inevitable that any residential development on the site would need to be some distance from HS2 to achieve satisfactory living conditions; further reducing the capacity of the site. HS2 will also be passing over an area of flood risk; the need to make provision for flood risk compensation could further limit the capacity of the West of Tamworth Road site to accommodate significant residential development.

In the light of the above circumstances, it is submitted that the land proposed to be allocated as safeguarded land under NWLP Policy LP4 is not deliverable.

 How could the document be made sound? By identifying an area of land to be safeguarded from the Green Belt that is available and deliverable and free from constraints such as HS2 and flood risk.

North Warwickshire Local Plan 6 Land at Hemlingford Mill, Inspector's Questions Coventry Road, Kingsbury, B78 2DX Matter 6 Representations on Behalf of Walton Homes

 What is the precise change that is sought? It is proposed that the land south east of Hemlingford Mill, Coventry Road, Kingsbury edged red on drawing 4743.99 (Appendix 1) should be deleted from the Green Belt and safeguarded for potential future development need within Policy LP14. Land West of Tamworth Road should be proposed to be retained in the Green Belt.

6.3 Noting the interaction with Matter 4, have alternatives to release of Green Belt sites been considered, including the capacity of existing urban areas?

Yes, but the wrong site has been chosen to be safeguarded from the Green Belt to meet for potential future development needs within Kingsbury and the Borough as a whole.

 What particular part of the document is unsound? Policy LP4: Safeguarded Land for Potential Future Development.

 Which soundness test(s) does it fail? The soundness test that is failed are “Effective”.

 Why does it fail? The NWLP is not effective because Policy LP4 and the land proposed to be safeguarded from the Green Belt at Tamworth Road, Kingsbury is not deliverable over the plan period. The NWLP lacks guidance on delivery of the land west of

North Warwickshire Local Plan 7 Land at Hemlingford Mill, Inspector's Questions Coventry Road, Kingsbury, B78 2DX Matter 6 Representations on Behalf of Walton Homes

Tamworth Road, Kingsbury, or any explanation as to why this site was chosen in the face of significant issues concerning its delivery (flooding and HS2).

Alternative sites to the land West of Tamworth Road, Kingsbury, were considered to accommodate the development requirements of Kingsbury in the SA. This considered 3 sites SLA40 (effectively the land that is proposed to be safeguarded under NWLP Policy LP4), SLA139 and KIN9, which the SA identified as a “preferred residential Site”.

The land south east of Hemlingford Mill, Coventry Road, Kingsbury as edged red on drawing 4743.99 (Appendix 1) was not considered in the SA.

The land at Hemlingford Mill comprises of some 2.2 hectares and has frontages to both Coventry Road and Piccadilly Way. It lies outside of, but immediately adjacent to, the current development boundary for Kingsbury; its development would represent a logical rounding-off of the Settlement Boundary of Kingsbury. The site is in a sustainable location with good access by foot and by public transport to local services and facilities. The site can deliver some 60 dwellings (36 open market and 24 (40%) affordable). The site can thus meet the housing requirements of both Kingsbury and the rural area as a whole.

The site is contained by readily recognisable and defensible boundaries namely Piccadilly Way to the north, Coventry Road to the west and the

North Warwickshire Local Plan 8 Land at Hemlingford Mill, Inspector's Questions Coventry Road, Kingsbury, B78 2DX Matter 6 Representations on Behalf of Walton Homes

Birmingham to Tamworth railway line to the east. The site could be brought forward for housing development without undermining the five purposes of Green Belt identified in the National Planning Policy Framework.

The submission made on behalf of Walton Homes in response to Matter 4, includes a site layout, Transport Statement, Heritage Impact Assessment and Ecology report. A residential development of the site can take place without causing harm to the natural, built and historic environment.

The land at Coventry Road, Kingsbury is shown on the Environment Agency’s flood maps (see Appendix 2) to be located within Flood Zone 1, that is, there is a low probability of flooding. There are no known technical or environmental constraints which will preclude the development of the site for housing. The site is available for development now. It is being promoted by a house builder, Walton Homes. The site is thus deliverable with developer interest.

 How could the document be made sound? An alternative site to West of Tamworth Road, Kingsbury should be safeguarded from Green Belt to meet potential future development needs within Kingsbury and the Borough as a whole, which is free from constraint and hence deliverable.

 What is the precise change that is sought? It is proposed that the land south east of Hemlingford Mill, Coventry Road,

North Warwickshire Local Plan 9 Land at Hemlingford Mill, Inspector's Questions Coventry Road, Kingsbury, B78 2DX Matter 6 Representations on Behalf of Walton Homes

Kingsbury as edged red on drawing 4743.99 (Appendix 1) should be deleted from the Green Belt and safeguarded for potential future development need within Policy LP14. Land west of Tamworth Road should be proposed to be retained in the Green Belt.

6.4 Whilst consideration of individual sites will fall to Matter 9, is the broad extent of the Meaningful Gap robustly evidenced [CD6/10], and the intended application of associated Policy LP5 justified? How does the purpose of the Meaningful Gap differ to that of the Green Belt?

No Comment

6.5 Is the LP based on robust evidence related to heritage, and does it set out an appropriate and positive strategy for the conservation and enjoyment of the historic environment including related to the canal system (chiefly Policy LP15)?

No Comment

6.6 Is the LP based on appropriate evidence and consistent with elements of the NPPF related to meeting the challenge of climate change, flooding and coastal change?

No Comment

North Warwickshire Local Plan 10 Land at Hemlingford Mill, Inspector's Questions Coventry Road, Kingsbury, B78 2DX Matter 6 Representations on Behalf of Walton Homes

6.7 In addition to consideration of the HRA and SA in Matters 2 and 4, is the approach in the LP, Policies LP16, LP17, LP18 and LP19 in particular, to protecting and enhancing biodiversity justified and consistent with the National Policy?

No Comment

6.8 Is Policy LP20, Green Spaces, appropriately justified and effective?

No Comment

6.9 How have planning and environmental constraints affected the level and distribution of development that the LP proposes to enable? Is the evidence for that balancing exercise clear and robust?

No Comment

CET/JAG 29 August 2018

North Warwickshire Local Plan 11 Land at Hemlingford Mill, Inspector's Questions Coventry Road, Kingsbury, B78 2DX Matter 6 Representations on Behalf of Walton Homes

Appendices

Appendix 1 : Drawing 4743.99 Location Plan

Appendix 2 : Extract from the Environment Agency’s Flood Maps

Appendix 3 : Route of HS2 (Phase 2b)

CET/JAG 29 August 2018

North Warwickshire Local Plan 12 Land at Hemlingford Mill, Inspector's Questions Coventry Road, Kingsbury, B78 2DX Matter 6 Representations on Behalf of Walton Homes

E DRAWING 4743.99 LOCATION PLAN

North Warwickshire Local Plan 13 Land at Hemlingford Mill, Inspector's Questions Coventry Road, Kingsbury, B78 2DX Matter 6 Representations on Behalf of Walton Homes

Hemlingford Mill, Coventry Road, Kingsbury B78 2DX

EXTRACT FROM THE ENVIRONMENT AGENCY’S FLOOD MAPS E

North Warwickshire Local Plan 14 Land at Hemlingford Mill, Inspector's Questions Coventry Road, Kingsbury, B78 2DX Matter 6 Representations on Behalf of Walton Homes

ROUTE OF HS2 (PHASE 2B) E

North Warwickshire Local Plan 15 Land at Hemlingford Mill, Inspector's Questions Coventry Road, Kingsbury, B78 2DX Matter 6 Representations on Behalf of Walton Homes

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R=4500.0 L=225.0 R=13310.0 . L . . . . =15 2 7 4 9 0 5.0

3 8 L=2739.7 L=684.4 8 0 L=2922.7 8 9 Horizontal Alignment 6 9 3 3

L= L=2001.1 L=224.2 982.4 L=524.3 965.3 L=934.0 99 L= L= G 7.0 Vertical Alignment =- G=-0.200 R=-56000.0 .200% R=-24800.0 .315% R=31400.0 0.6 % G=0 G=2 60% 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 4 4 4 4 4 0 0 0 0 0 6 7 3 7 3 6 6 3 6 3 7 6 6 6 3 6 8 9 9 8 9 9 8 9 8 8 5 5 5 5 5 5 5 5 5 5 ...... 6 0 1 7 8 6 5 9 7 0 9 3 6 8 0 8 9 8 4 6 4 1 6 9 2 1 3 5 0 6 1 6 5 6 6 4 4 6 9 9 1 2 5 7 7 0 9 8 5 5 7 6 6 6 4 4 4 4 4 7 7 7 8 8 6 6 8 0 0 1 8 7 7 6 6 9 1 7 6 6 7 1 7 6 6 8 0 0 0 1 7 8 7 6 6 6 6 6 6 6 6 9 0 0 7 7 8 7 6 7 9 9 Existing Level 6 6 6 6 6 6 6 6 6 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 4 4 4 4 0 0 0 0 0 7 3 7 3 7 3 7 3 7 6 6 6 6 7 7 3 6 6 3 7 9 9 9 9 8 8 8 9 8 8 9 8 9 5 5 5 5 5 5 5 5 ...... 7 4 3 2 1 3 0 9 8 1 2 1 2 5 2 0 1 2 3 7 1 5 8 9 4 4 3 3 2 2 1 1 0 0 0 1 2 7 4 9 3 9 8 6 3 2 1 0 0 1 3 4 0 9 7 4 3 2 1 6 8 0 7 7 7 7 8 9 0 0 7 7 7 7 8 9 1 7 7 7 9 0 0 0 0 7 7 7 7 7 7 7 7 7 7 7 7 7 8 9 9 0 0 0 0 7 7 7 7 7 7 7 7 8 0 0 Proposed Level 7 7 7 7 7 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 4 4 4 0 0 0 0 0 0 0 0 0 0 6 7 3 6 7 6 7 7 7 7 6 3 3 9 8 8 9 9 8 8 9 8 9 8 8 9 9 5 5 5 5 5 5 5 5 5 ...... 6 7 8 5 9 1 4 4 7 4 2 4 5 7 6 1 5 8 6 0 5 4 8 9 4 3 2 0 6 6 4 4 6 7 7 4 4 0 0 0 0 2 4 6 4 8 4 7 7 6 1 5 5 3 2 2 6 7 7 5 4 ------1 + + + + 1 1 1 1 1 1 1 1 1 1 1 + + + + + + + + + + + + + + + + + + + + + + + + + + + + + - Cut and Fill - + + + + + + + + + +

300km/h 320km/h 360km/h Design Speed

0 100 200 500 1000 0 10 20 50 100 METRES METRES Profile @ 1:10000 @ 1:1000 Scale H:1:10,000 V:1:1000 @ A1

Legends/Notes: Zone Project/Contract Client's Comments Addressed JV AR MM HS2 accepts no responsibility for any circumstances which arise from P02 the reproduction of this document after alteration, amendment or abbreviation Key Environmental Features Legend Legend 11/07/17 11/07/17 11/07/17 or if it is issued in part or issued incompletely in any way. Leeds Leg South West Midlands to Leeds Route Registered in England World Heritage Site Scheduled Monuments Engineering Earthworks Track Centrelines Registration No. 06791686 First Issue JV AR MM Design Stage Discipline/Function Ramsar Registered Parks and Gardens Viaduct Registered office: P01 © Crown Copyright and database right 2017. All rights reserved. 2 Snow Hill, 28/06/17 28/06/17 28/06/17 Ordnance Survey Licence number 100049190 Special Areas of Conservation Historical Battlefields Tunnel Railway Cutting Post-Consultation Railway Track Queensway, Special Protection Areas Active and/or Authorised Landfill Existing Railway Connection Birmingham, B4 6GA SSSI Historical Landfill HS2 Connection Drawing Title Drawn Checked Approved

© Crown Copyright material is reproduced with the permission of Land National Nature Reserves Flood Zones Fully Retained Cutting/Fill Registry under delegated authority from the Controller of HMSO. JV AR MM Area of Outstanding Natural 10 Major Contour Railway Embankment Listed Building Grade I HSL01 Ground Profile This material was last updated on 2017 and may not be copied, distributed, Beauty Date Scale Size sold or published without the formal permission of Land Registry. Listed Building Grade II* Track Profile National Park Only an official copy of a title plan or register obtained from the Land Registry Listed Building Grade II Minor Contour 2017 Preferred Route 06/06/2017 1:10000 A1 may be used for legal or other official purposes. Major Development Sites HS2 Depot/Station Node Additional Development Sites Operational Boundary Creator/Originator Drawing No. Rev. Sheet 1 of 2 Scale with caution as distortion can occur. Mott MacDonald C321-MMD-RT-DPP-110-590101 P02 Rev Description Drawn Checked Con App HS2 App