Coventry City Council Duty to Cooperate Topic Paper March 2016

COVENTRY CITY COUNCIL DUTY TO COOPERATE TOPIC PAPER MARCH 2016

This paper has been produced to support the submission of the Council’s Local Plan and City Centre Area Action Plan 2016

1 Introduction

This document demonstrates how Coventry City Council has complied with the Duty to Co-operate in preparing its new Local Plan and City Centre Area Action Plan

2 National Context

2.1 What is the Duty to Cooperate?

The Duty to Cooperate was created in the Localism Act 2011, and amends the Planning and Compulsory Purchase Act 2004. It places a legal duty on local planning authorities, county councils and public bodies to engage constructively, actively and on an on-going basis to maximise the effectiveness of Local Plan preparation in the context of strategic cross boundary matters.

The Duty to Cooperate is not a duty to agree, but local planning authorities should make every effort to secure the necessary cooperation on strategic cross boundary matters before they submit their Local Plans for examination.

Local planning authorities must demonstrate how they have complied with the duty at the independent examination of their Local Plans. If a local planning authority cannot demonstrate that it has complied with the duty then the Local Plan will not be able to proceed further in examination.

Local planning authorities will need to satisfy themselves about whether they have complied with the duty. As part of their consideration, local planning authorities have to bear in mind that the cooperation should produce effective and deliverable policies on strategic cross boundary matters.

2.2 The Localism Act

The duty, as set out the Localism Act, requires Local Plan Authorities to ‘engage constructively, actively and on an on-going basis’ on the preparation of development plan documents ‘so far as relating to a strategic matter’. Strategic matters are defined as relating to: a) sustainable development or use of land that would have a significant impact on at least two local planning areas including use of land in connection with infrastructure that is strategic; and b) sustainable development or use of land in a two-tier area if the development or use is a county matter or would have a significant impact on a county matter.

The duty requires that councils set out planning policies to address such issues and requires them to consider joint approaches to plan making.

2.3 National Planning Policy Framework

The National Planning Policy Framework (NPPF) (2012) reinforces the Localism Act and sets out what is expected to ensure Local Planning Authorities work collaboratively with other bodies to properly coordinate activity on strategic priorities

2 across administrative boundaries. The NPPF requires that local planning authorities will be expected to demonstrate evidence of having effectively cooperated to plan for issues with cross boundary impacts when their Local Plans are submitted for examination.

Paragraph 156 of the NPPF sets out the strategic issues where cooperation might be appropriate. This encompasses • the homes and jobs needed in the area; • the provision of retail, leisure and other commercial development; • the provision of infrastructure for transport, telecommunications, waste management, water supply, wastewater, flood risk and coastal change management, and the provision of minerals and energy (including heat); • the provision of health, security, community and cultural infrastructure and other local facilities; and • climate change mitigation and adaptation, conservation and enhancement of the natural and historic environment, including landscape.

Paragraphs 178-181 give guidance on planning strategically across local boundaries and highlight the importance of joint working to meet development requirements that cannot be wholly met within a single local planning area, through either joint planning policies or informal strategies such as infrastructure and investment plans.

Paragraph 179 states “… joint working should enable local planning authorities to work together to meet development requirements which cannot wholly be met within their own areas – for instance, because of a lack of physical capacity or because to do so would cause significant harm to the principles and policies of this Framework. As part of this process, they should consider producing joint planning policies on strategic matters and informal strategies such as joint infrastructure and investment plans.”

Paragraph 181 states “Local planning authorities will be expected to demonstrate evidence of having effectively cooperated to plan for issues with cross-boundary impacts when their Local Plans are submitted for examination. This could be by way of plans or policies prepared as part of a joint committee, a memorandum of understanding or a jointly prepared strategy. Co-operation should be a continuous process of engagement from initial thinking through to implementation”.

2.4 National Planning Practice Guidance

The National Planning Practice Guidance (NPPG) (2014) provides further guidance on how to fulfil the Duty to Cooperate. It explains that:

“The duty to cooperate is a legal test that requires cooperation between local planning authorities and other public bodies to maximise the effectiveness of policies for strategic matters in Local Plans. It is separate from but related to the Local Plan test of soundness.

The Local Plan examination will test whether a local planning authority has complied with the duty to cooperate. The Inspector will recommend that the Local Plan is not

3 adopted if the duty has not been complied with and the examination will not proceed any further.

If the Inspector finds that the duty has been complied with, the examination will also test whether the Local Plan is sound. ”

The National Guidance seeks to clarify the following: • The duty to cooperate is not a duty to agree, but local planning authorities should make every effort to secure the necessary cooperation on strategic cross boundary matters before they submit their Local Plans for examination. • Local authority officers and councillors have an important role to play in this process. • The duty to cooperate seeks to ensure that local planning authorities lead strategic planning effectively through their Local Plans, addressing social, environmental and economic issues that can only be addressed effectively by working with other local planning authorities beyond their own administrative boundaries. • The duty requires active and sustained engagement. Local planning authorities and other public bodies must work together constructively from the outset of plan preparation to maximise the effectiveness of strategic planning policies. It is unlikely that this could be satisfied by consultation alone. • Cooperation between local planning authorities, county councils and other public bodies should produce effective policies on strategic cross boundary matters. Inspectors testing compliance with the duty at examination will assess the outcomes of cooperation and not just whether local planning authorities have approached others. • The actions will depend on local needs which will differ, so there is no definitive list of actions that constitute effective cooperation under the duty. Cooperation should produce effective policies on cross boundary strategic matters.

3. Regional Context

Although the advent of localism has generated a need to focus more on localised geographies and especially those around Housing Market Areas, Coventry City Council has continued to retain links with its regional colleagues, retaining some of the processes that had worked well under the Regional Spatial Strategy context. This has allowed for continued joint working around strategic transport infrastructure and the sharing of knowledge and best practice at quarterly meetings of the West Midlands Planning Officers Group. The following section sets out Coventry’s position within the regional context. This includes links to both the West Midlands and East Midlands with its fundamental basis in strategic transport infrastructure and more recently the West Midlands Combined Authority initiative.

3.1 Midlands Connect

Midlands Connect brings together Local Authority and cross-LEP partnerships from across the West and East Midlands to develop a strategic transport strategy which will put forward the strongest possible case for strategic transport investment in the Midlands. Midlands Connect allows the respective partners to reach a unified

4 position on what strategic transport interventions are required to maximise the growth potential of the area and of the UK as a whole. Midlands Connect will act as a platform for engagement with Government, taking forward both Sir David Higgins’ recommendation to develop a joint HS2/Network Rail Integrated Plan, the work by Lord Deighton’s Growth Task Force and the emerging HS2 Growth Strategies. It will also act as a vehicle for the delivery of emerging proposals for a devolved local rail network in the Midlands.

Coventry City Council has been an active member in shaping the Midlands connect programme, working jointly with neighbouring authorities, the LEP’s and the WM ITA. This has involved regular meetings and correspondence including data sharing, information sharing and project mapping. The key aspects of the Midlands Connect programme in so far as they relate to Coventry are covered within the accessibility chapter of this Plan and the Infrastructure Delivery Plan.

3.2 Proposed West Midlands Combined Authority

In December 2014 the West Midlands Metropolitan Councils began a process of a proposed West Midlands Combined Authority.

This process has been subject to significant discussion and a period of consultation (in early 2016) with a view to the Combined Authority being formally recognised by central government. This is expected in October 2016. In advance of this an initial devolution deal has been agreed for the West Midlands. This will be an important aspect of supporting investment in longer term infrastructure to sustain and facilitate longer term growth.

The City Council is identified as one of 7 constituent members alongside its Metropolitan colleagues. In addition there are now 6 non-constituent members (which includes Stratford on Avon District and Nuneaton and Bedworth Borough Councils), as well as the 3 respective LEP’s.

3.4 West Midlands Planning Officers Group (WMPOG)

During the existence of the Regional Strategy, a regular meeting was held between lead policy officers of the regional local authorities with additional membership from representatives of the private planning and development sector. This group was referred to as WMPOG. Following the abolition of regional strategies and the creation of LEPs, the roles and responsibilities of this group have diminished significantly. However, the group continues to meet quarterly to share knowledge and best practice. It has also provided a basis from which to continue regional monitoring and data collection, although this process (as it has been operated) is changing during 2016.

The City Council has continued to be represented on the group which has continued to include officers from each of the metropolitan boroughs, the county councils and district/borough nominated officers.

4. Sub-Regional Context

4.1 West Midlands Metropolitan Authorities Duty to Cooperate Group

The grouping of West Midlands Metropolitan authorities includes: • Coventry City Council • Birmingham City Council • Dudley Metropolitan Borough Council • Sandwell Metropolitan Borough Council • Solihull Metropolitan Borough Council • Walsall Metropolitan Borough Council • Wolverhampton City Council • The West Midlands Integrated Transport Authority (WMITA) / CENTRO

This group has long been established having supported the previous incarnations of Regional Guidance. Following the Localism Act, the group of authorities has continued to meet in order to support the Duty to Cooperate process, sharing knowledge and evidence and providing a vital bridge between 3 of the West Midlands Housing Market Areas. The group has also provided a vital forum for linking the development of planning policy with the on-going work of the West Midlands ITA, most notably around the Midlands Connect work and growth plans linked to HS2. The group has also provided an overarching steering platform for the Local Aggregate Assessment works, which have been undertaken at the West Midlands level. The Draft LAA was produced in November 2015 and has now been approved following its formal approval by the West Midlands Aggregate Working Party. The 2016 LAA will include data for 2014 and 2015, to ‘catch up’ with some of the others, as the 2014 data was not included in the 2015 LAA. Information on future housing ‘demand’ in the West Midlands Metropolitan Area will only include figures that have been formally agreed by all of the authorities, and any other relevant technical information. The draft LAA will be prepared by the beginning of May at the latest.

In recent months, the group has started to become increasingly aligned with work on the West Midlands Combined Authority, which will support the devolution of powers to the West Midlands area whilst supporting accelerated growth and prosperity for the region.

4.2 Coventry and Warwickshire

Despite the city’s relationships with other local authorities in the West Midlands and other stakeholders, the city’s joint working and established processes with its Warwickshire neighbours has proved to be the pivotal component of its responsibilities and requirements under the Duty to Cooperate. This can be considered under the following sections:

4.2.1 The Housing Market Area

In 2013 the local authorities within Coventry and Warwickshire published a Joint Strategic Housing Market Assessment (JSHMA). The development of this joint working evolved following the recommendations of the Inspector overseeing the

6 city’s 2012/13 Core Strategy. Chapter 3 of the JSHMA defines the Coventry and Warwickshire Housing Market Area (C&WHMA). It also highlights that Coventry sits at the centre or the heart of the HMA. It recognises that the C&WHMA does have a relationship with the Greater Birmingham and Solihull HMA, but that this relationship is significantly weaker than that enjoyed by the Coventry and Warwickshire authorities. The C&WHMA also has relationships (albeit weaker still) with western parts of Leicestershire and Northamptonshire, northern parts of Oxfordshire and eastern parts of Worcestershire. Some of these relationships do become stronger at localised levels though. For example Stratford on Avon District and North Warwickshire Borough Council areas are widely acknowledged to overlap with the Greater Birmingham and Solihull HMA. This is recognised by all authorities involved and is subject to on-going work. It has also been recognised in the Coventry and Warwickshire Memorandum of Understanding on housing requirements. This overlap of HMA’s is accepted as an inevitable outcome of trying to define HMA’s at a local authority level and trying to achieve a ‘best fit’ for planning purposes. Although Coventry shares a boundary to the west of the city with Solihull Borough, any relationships of migration or commuting are relatively small when compared to the city’s relationship with Warwickshire, with Solihull demonstrating much stronger relationships with Birmingham in particular.

In defining the C&WHMA, the JSHMA examines migration flows, commuting flows and house price differentials. This evidence shows that with regard to commuting and migration, Coventry has a very strong relationship with Warwick District (to the south) and Nuneaton and Bedworth Borough (to the north) and to a lesser extent Rugby Borough (to the east). Coventry also has notable but more minor relationships with Stratford District and North Warwickshire Borough. Coventry’s commuting and migration relationships with Birmingham are largely in balance and have been for some time.

4.2.2 Functional Economic Market

The Employment Land Studies that have been undertaken at the local level (for Coventry), at the sub-regional level in partnership with the C&WLEP and at the regional level (linked to the West Midlands Combined Authority), recognise that there is no one distinct guide to establish the details of a functional economic market or area. What is clear through the guidance is that the Coventry and Warwickshire sub- region enjoys a very high level of self-containment (77% of people working and living within the sub-region). When considered across the West Midlands this increases to 90%. The creation of the Coventry and Warwickshire LEP is recognition in itself of the economic linkages between the 6 local authorities and the baseline for a functional economic market. Through the emergence of the Combined Authority, this functional market area is growing and relationships evolving. This is expected to be a longer term evolution and form an on-going aspect of the Duty to Cooperate in the future.

4.2.3 Coventry and Warwickshire Local Enterprise Partnership

The Coventry and Warwickshire Local Enterprise Partnership (CWLEP) covers the area administered by the following local authorities: • Coventry City Council

• North Warwickshire Borough Council • Nuneaton and Bedworth Borough Council • Rugby Borough Council • Stratford-on-Avon District Council • Warwickshire County Council • Warwick District Council

The CWLEP area coincides with the Coventry and Warwickshire Housing Market Area.

The CWLEP has close links with the local authorities within the area and its Board includes elected members from the City Council, the County Council and the 5 District & Borough Councils. The CWLEP has recently restructured to ensure it is fully aligned with the local authority structures, with a new Operational Group, comprising CWLEP Board members and Council Leaders drawn from the Joint Committee and an Executive/Secretariat of, predominantly Council officers.

The CWLEP was established to promote sustainable growth and job creation across the sub-region. The Council plays an active role within the CWLEP and the City Council is represented at officer and elected member level on the CWLEP Board.

The CWLEP governance structure includes a number of ‘business’ groups. One such group is the Planning and Housing Group. This group, comprising of private sector and local authority members, aims to support and facilitate the delivery of housing and employment sites and plans across the CWLEP area and remove perceived barriers to development. The Council plays an active part in this group, the role of which includes assessing emerging development plan documents to ensure CWLEP views are fed in to the plan making process.

The CWLEP commissioned and led the sub-regional assessment of employment land availability (the Coventry and Warwickshire Strategic Employment Land Study; Atkins 2014) and its subsequent update (CBRE 2015). It has also been active in identifying and assessing the availability of major employment sites within the sub- region. The outputs of this work have informed the city’s Local Plan as well as its on- going joint working with Warwick District in relation to the Coventry and Warwickshire Gateway proposals (which now incorporates part of the proposed JLR expansion at Whitely South). This work has also reflected the importance of the regeneration work at Pro-Logis Ryton and Ansty Park (both in Rugby Borough but key components of the city’s employment land supply) and the City Centre regeneration initiative at Friargate.

The CWLEP has prepared the Strategic Economic Plan (SEP) for the sub-region as well as playing a lead role in the City Deal and the Local Growth Fund which bring valuable investment for infrastructure, amongst other things.

The CWLEP is also a key member of the West Midlands Combined Authority working closely with its neighbouring LEP’s in Greater Birmingham and Solihull and the Black Country.

4.2.4 Coventry and Warwickshire Local Enterprise Partnership – City Deal

The CWLEP developed the Coventry and Warwickshire City Deal, signed by Government in December 2013, which covers the whole of the CWLEP area and also the neighbouring district of Hinckley & Bosworth, within Leicestershire. The City Deal required the establishment of the Joint Committee.

The Council has played an active role with the CWLEP and other Councils in the sub-region to agree a City Deal. This seeks to build on the high value advanced manufacturing and engineering (AME) sectors in the sub region, particularly the automotive sector in which the sub-region has more than five times the average concentration of employment. It recognises a series of barriers to further growth in these sectors, which it seeks to overcome to amongst other things deliver over 15,000 new jobs by 2025 including 8,800 in the advanced manufacturing sector, and growth in 450 advanced manufacturing and engineering companies within the local area.

4.2.5 Coventry and Warwickshire Local Enterprise Partnership - Strategic Economic Plan (SEP)

Coventry and Warwickshire's SEP was published on 31st March 2014. It is the responsibility of a LEP based Project Board, with members drawn from a wide base of partners, including the City Council. It has strong links to the Planning and Housing group of the LEP. The initial SEP has been developed using a theme approach, based around the key drivers of growth. The work of these themes will provide the building blocks for the final strategy and SEP review, which is now expected to form a key part of the Combined Authorities ‘Super SEP’. The Coventry and Warwickshire Duty to Cooperate group have worked closely with LEP officers to commission and deliver studies and reports that have provided evidence to underpin the SEP and its review. Having contributed to the formulation of the CWLEP’s initial SEP, the Group will play a key role in ensuring the SEP review is closely aligned with the Local Plans across the sub-region.

4.2.6 Coventry and Warwickshire Local Enterprise Partnership – Single Spatial Strategy

The CWLEP’s Planning and Housing Group will lead on the future development of a Single Spatial Strategy for the sub-region, fully aligned with future SEP revisions and evolving Local Plans/Core Strategies. A mapping exercise for how this ‘strategy’ may look has been undertaken by the group and work on the strategy is expected to start later this year. A report was presented to the Joint Committee in March 2016 to consider two options to take the strategy forward. A non-statutory version could commence later this year whilst a more statutory incarnation would not be developed until late 2017 at the earliest.

4.2.7 Coventry and Warwickshire Joint Committee for Economic Growth and Prosperity

Coventry and Warwickshire Joint Committee for Economic Growth and Prosperity was established in 2014. After a period of being referenced as the Shadow Economic Prosperity Board, it has recently been rebranded again as the Joint Committee. It is comprised of the Leader of each of Coventry and Warwickshire’s six local authorities, The County Council and Hinckley and Bosworth Borough Council. It has two key roles: a) To consider how the work of the Councils can best be coordinated to deliver economic prosperity in conjunction with the CWLEP and including inputs in to the delivery and review of the SEP; and b) To oversee Duty to Cooperate activities including signing of key elements of the sub-regional evidence base and agreeing coordinated responses to the evidence in the development and delivery of Local Plans.

Specifically it aims to: • Jointly develop with the CWLEP economic and growth strategies for the sub- region and be responsible for their delivery; • Jointly develop with the CWLEP joint investment strategies for the sub-region and be responsible for their delivery; • Consider, approve and co-ordinate the development and implementation of decisions relating to investment in the sub-region, including expenditure of external funding; • Agree and facilitate effective integrated collaborative arrangements for the following functions across the constituent members of the Joint Committee: o economic development; o regeneration o strategic planning (including spatial planning and housing) • Produce an annual report to the Executive of each of the constituent authorities on its work in the preceding municipal year.

The Committee met for the first time in March 2014 and has played an active role in the Duty to Cooperate process, including supporting an approach to ensure any housing shortfall is dealt with collectively. This culminated with an agreed Memorandum of Understanding for housing requirements in September 2015.

4.2.8 Coventry and Warwickshire Chief Executives/Managers

This group comprises the most senior Council official (or their representative) from each of Coventry and Warwickshire’s seven authorities (including the County Council). It meets prior to each Joint Committee meeting to agree the agenda and report recommendations. This group has recognised the vital role of Local Plans/Core Strategies in shaping the sub-region and has therefore played a very active role in the Duty to Cooperate including detailed discussions on sub-regional housing requirements and distribution, economic prosperity and strategic infrastructure provision.

4.2.9 Coventry, Solihull and Warwickshire Association of Planning Officers

The Coventry, Solihull and Warwickshire Association of Planning Officers (CSWAPO) is comprised of the Head of Planning (or their representative) from the 8 Councils within Coventry, Solihull and Warwickshire. CSWAPO is a long established group which since the 2010 Localism Act has taken a lead role in driving Duty to Cooperate discussions and activities. This has included • Commissioning the Joint Strategic Housing Market Assessment • Commissioning a review of the Green Belt • A sub-regional Green Infrastructure Strategy • Coordinating responses to development plan consultations • Themed discussions and joint decisions (for instance covering flooding, broadband infrastructure, biodiversity offsetting etc)

In January 2015, it was agreed that the primary roles and responsibilities of the main CSWAPO group would be delegated to two specific sub-groups: one covering Development Management and the other covering Planning Policy and the Duty to Cooperate. The overarching coverage of the main CSWAPO group is now largely covered by the Planning and Housing Business group for the CWLEP.

The Planning Policy and Duty to Cooperate sub-group had at that time already been created and comprised officers leading on the development of Core Strategies/Local Plans within each planning authority. This group ensures sufficient time is dedicated to understanding and discussing the implications of sub-regional evidence so that the Joint Committee can make informed decisions based on a shared understanding amongst the lead planning officers. The CWLEP is also a member of this group which helps ensure it remains fully abreast of Local Plan developments across the constituent authorities. This group has also been involved in commissioning sub- regional studies as required by the Joint Committee. Examples of this include: • Commissioning and managing work to review the Joint SHMA following the publication of the 2012 population estimates; • The further update of the Joint SHMA in response to the initial recommendations on the Warwick District Local Plan; and • The commissioning of a Joint Green Belt study for the Coventry and Warwickshire area.

In 2015, the Duty to Cooperate group was expanded to include Hinckley and Bosworth Borough Council. This has provided an invaluable link to wider planning issues in Leicestershire as well as opportunities to share knowledge, expertise and best practice.

4.2.10 Coventry and Warwickshire Monitoring Group

During 2014 a Monitoring Sub Group was established. The group comprises the monitoring officers of each authority represented at the CSWAPO Duty to Cooperate Group and is chaired in partnership by the City Council and Warwickshire County Council. The creation of this group recognises the increasing importance of monitoring in informing future growth requirements. Specifically, the group will ensure:

• Consistent approaches to monitoring housing and employment delivery and land availability across the sub-region; • Coordination of timing, method and reporting of monitoring data to inform the extent to which the SEP is being delivered; • Future sub-regional working; and • The need for Local Plan/Core Strategy reviews.

4.2.11 Coventry and Warwickshire Memorandum of Understanding (MOU) on housing requirements

The MOU was first agreed at the September 2015 meeting of the Joint Committee (then the Shadow Economic Prosperity Board) where it was agreed by 5 of the 6 local authorities. The MOU was reflective of several months of work and negotiation that also involved the County Council and the CWLEP. The agreement has subsequently been endorsed by each of the 5 authorities at their respective council or cabinet meetings. Coventry City Council was the last to formally endorse the agreement in January 2016. As set out in the Local Plan and the evidence base, this MOU reflects the capacity constraints that exist within Coventry and proposes a redistribution of the city’s unmet housing needs based on a method of economic alignment and existing migration and commuting patterns. The City Council is fully committed to engaging in continuous work with its sub-regional partners to help plan for the most sustainable delivery of the city’s unmet housing needs, whilst recognising the sovereignty of each local authority’s decision making process.

At the time of writing the only authority not to have signed the agreement is Nuneaton and Bedworth Borough Council, although it has committed to exploring the extent of its land availability with a view to potentially signing the agreement at a later date. As such it is continuing to review its housing land capacity as part of an updated SHLAA. The outcomes of this review will determine the need for any amendment to the MOU. What would not change however is the capacity constraint that exists within Coventry. This principle and capacity has been largely accepted by each of the authorities through the MOU process and through the development of the city’s Local Plan.

To support this process the City Council shared its housing land supply data with its neighbouring authorities over the summer and autumn of 2015. This included officer access to the assessment matrix, GIS mapping and density assumptions. In addition the Council attended individual meetings with each of its sub-regional colleagues at both officer and elected member level to explain and discuss the Council’s SHLAA process. These discussions led to minor amendments to the Council’s SHLAA, which was subsequently published alongside the Council’s Local Plan in January 2016.

4.3 Cooperation with Greater Birmingham Housing Market Area

A joint sub-regional approach is also being adopted to address issues arising in adjoining HMAs, particularly the Birmingham and Solihull area. Birmingham City Council has experienced a similar situation to Coventry in that its housing needs could not be fully met within its administrative boundary. The redistribution of these

12 needs has been on-going for some time and is nearing conclusion. This is likely to have an impact on the C&WHMA in respect of Stratford on Avon District and North Warwickshire Borough Councils respectively as they overlap with the greater Birmingham HMA.

To ensure the Councils that make up the C&WHMA are fully appraised of issues arising in neighbouring HMAs, lead officers have worked with the Greater Birmingham HMA to ensure the employment and housing needs and capacity of that area are understood. The CSWAPO Duty to Cooperate Sub-Group routinely receives feedback from this liaison work and representatives from the Greater Birmingham HMA have been invited to and have attended the Coventry and Warwickshire Duty to Cooperate Sub Group. The City Council is in a prime position to support and inform this process given its role within the WM DTC group

4.4 Coventry and Warwickshire Joint Evidence Base

As highlighted already, various pieces of work of a strategic nature have been commissioned on a sub-regional basis and are referred to in the section below.

4.4.1 Joint SHMA 2013-2015 As an example of the outcomes arising from this joint working, the SHMA produced an evidence base that has been used as a starting point for on-going discussions about the amount of housing to be delivered in each local authority. These discussions have been undertaken through the Duty to Cooperate group and the Joint Committee. This has ensured that the strategic issues relating to the level and distribution of housing growth have been shared across the sub-region and are supported by a sound and shared evidence base.

The Joint SHMA was first produced in 2013 and responded to the comments and recommendations of the Inspector overseeing the Coventry Core Strategy (2012). It has subsequently been updated in 2014 to reflect the release of the 2012 based ONS sub-national population projections and again in 2015 to reflect the comments raised by the Inspector overseeing the Warwick District Council Local Plan examination. This most recent review focused on the need to finalise localised Objectively Assessed Need as components of the HMA need and also responded to the release of the 2013 and 2014 Mid-Year population estimates. It also took the opportunity to review and refresh (where appropriate and necessary) the assessment of market signals and affordable housing needs.

4.4.2 Joint SHLAA methodology Between November 2014 and May 2015, the 7 Coventry and Warwickshire authorities worked jointly to complete a shared SHLAA methodology. This process has ensured that each of the authorities is able to undertake an assessment of possible development sites within their respective authority area from a single platform and a standardised approach agreed by all authorities. The intentions of this approach are to remove any ambiguity in site appraisal and provide confidence that site capacities and land supply is maximised and appropriate. Although opportunities to produce a single SHLAA were considered, this was deemed inappropriate given the geographical extent of the sub-region and differences in land constraints and opportunities.

This shared methodology was supported by a joint workshop in March 2015 with external partners and stakeholders to test its approach.

4.4.3 Employment Land Studies As discussed already the local authorities have worked jointly with the CWLEP to commission 2 sub-regional level studies of employment land needs. In addition each authority has developed its own localised employment land study. Due to differing stages of plan development this work has not been developed jointly but does largely share a consistent author (GL Hearn). This will be amplified once the current reviews in Nuneaton and Bedworth and North Warwickshire are completed this Spring.

To ensure the employment land needs of the sub-region are planned for in a comprehensive, aligned and appropriate way though, the authorities are working jointly with the LEP to complete a MOU on employment land. The timetable for the completion of this MOU has recently been agreed by the Joint Committee and a working group is already in place to oversee its development. The MOU responds to the City Council’s lack of capacity to meet its employment land requirements within its own boundaries, but also the city’s relationship to employment land provisions (both existing and planned) within neighbouring authorities but on the city boundary (e.g. Ansty Park, Pro-Logis Ryton and Whitely South).

The employment land MOU is expected to be presented to the Joint Committee at its meeting in May 2016.

4.4.4 Joint Green Belt Review An initial joint review of the Coventry Green Belt was completed in 2009. This largely focused on the Green Belt land within and immediately adjacent to Coventry and responded to the emerging Regional Spatial Strategy of the time.

Given the development pressures facing the sub-region it was felt appropriate to undertake a new review of the Green Belt covering the sub-region as a whole. The focus of the study was to understand how well land currently within the Green Belt performed against the primary purposes of Green Belt and to understand what the issues and implications may be of releasing such land for development.

This study has taken place in two stages, which reflects plan preparation but also the overlapping relationships with the Greater Birmingham HMA.

Stage 1 covered Coventry City, Warwick District, Rugby Borough and Nuneaton and Bedworth Borough. The study was commissioned in 2014 and completed in 2015. It was overseen by a project working group comprising nominated officers from each of the authorities.

Stage 2 covers Stratford on Avon District and North Warwickshire Borough and is on-going at the time of writing.

Opportunities to undertake the same study within Solihull were considered and discussed with the Borough Council. Given Solihull’s relationship to the Greater Birmingham HMA, however, a joint study as part of that HMA was deemed more

14 appropriate. The tendering documents and methodology have been shared with a view to securing consistency in assessment and approach.

4.5 Bilateral Cooperation with Neighbouring Planning Authorities

Whilst there are no regular bilateral Duty to Cooperate meetings with neighbouring planning authorities, frequent liaison takes place at a political, senior management and senior planner levels.

These meetings/processes tend to be arranged to address strategic issues that are of common concern between the two authorities. Examples include: • Joint working with Warwick District Council to consider the implications of the proposed sub-regional employment site at Coventry and Warwickshire Gateway (and subsequently the Whitey South proposals which are located on part of the Gateway area). This has included work on cross boundary planning applications as well as an initial appeal inquiry; • Joint working with Warwick District Council to coordinate plans for the future growth of the University of Warwick; • Joint working with Warwick District Council regarding the implications of sites allocated close to the City’s southern boundary and the wider implications for Green Belt policy; • Joint working with Nuneaton and Bedworth Borough Council to consider the implications of major employment land allocations adjacent to the city’s northern boundary but within Nuneaton and Bedworth Borough; • Joint working with Rugby Borough to consider the implications of major residential development adjacent to the city’s eastern boundary; • Joint working with Rugby Borough to consider the provisions of employment land at Ansty Park and Ryton and how they relate to the city’s employment land supply; • Joint working with Rugby Borough Council, Nuneaton and Bedworth Borough, Warwick District and Warwickshire County Council around highway improvements and infrastructure along the A46, A444 and A45 corridors; • Joint working with Solihull Metropolitan Borough to understand future areas of work and maximising the benefits of the proposed HS2 and UK Central proposals; and • The provision of officer and Council responses to Local Plan/Core Strategy development in Birmingham City, North Warwickshire Borough, Nuneaton and Bedworth Borough, Rugby Borough, Solihull Metropolitan Borough, Stratford on Avon District and Warwick District Councils.

5 Prescribed Bodies

The Localism Act 2011 sets out a number of prescribed bodies for the Duty to Cooperate. These organisations are required to cooperate with local planning authorities and the other prescribed bodies. These bodies play a key role in delivering local aspirations, and cooperation between them and local planning authorities is vital to make Plans as effective as possible on strategic cross boundary matters. Cooperation is required with each of these bodies in the preparation of Plans. Cooperation with each of the Prescribed Bodies can be summarised as follows:

5.1 The Environment Agency : regular and on-going liaison with the Environment Agency has taken place. This has included cooperation in the preparation and publication of flood risk information, advice on flood mitigation in relation to the allocation of potential sites and advice on the Environmental Management Policies. The Environment Agency has played an active role in shaping these policies within the Draft Local Plan and influencing a range of other policies. Through the recent consultation activity further amendments have been proposed to reflect the release of more up to date information that could not have been considered as part of the Plans initial development stages in late 2015. These changes also reflect the movement of some responsibilities to the Council as lead flood authority. These changes are reflected in a Statement of Common Ground.

5.2 The Historic Buildings and Monuments Commission for England (known as Historic England): As well as making representations to consultations throughout the plan making process, there has been regular and on-going liaison with Historic England during the plan making process. For instance, Historic England has been involved with the preparation of the Plan through a number of informal channels including: • Supporting work on the update of conservation area appraisals and the development of new conservation areas; • Regular engagement with the Council’s Conservation and Archaeology Officer and Historic Environment Records Officer who have supported the development of policies.

The issues raised by Historic England focus primarily on the impact of new development on heritage assets. This has proved to be a difficult balance in the development of a Local Plan in particular that needs to make provisions for significant levels of growth. The Local Plan has sought to strike this balance through appropriate policies.

Recent liaison with Historic England has focused on trying to resolve the concerns it raised through recent consultations. This is with a view to preparing a Statement of Common Ground between Historic England and Coventry City Council.

5.3 Natural England : As well as being a statutory consultee at each stage of the Local Plan preparation, Natural England has been involved in the preparation of plans in the following ways: • Reviewing and agreeing HRA assessment, • Involvement in Warwickshire, Coventry and Solihull Green Infrastructure Strategy, • Involvement in Warwickshire, Coventry and Solihull Biodiversity Offsetting scheme, • Membership of the Warwickshire, Coventry and Solihull Habitat Biodiversity Partnership Steering Group.

5.4 The Mayor of London : N/A

5.5 The Civil Aviation Authority (CAA) : The CAA has indicated that there is no need for further discussion regarding policies to ensure the safe operation of

16 aerodromes. They advised that discussions need to take place with the airports concerned. A map of building heights linked to planned developments and proximity to Coventry airport is included within the evidence base. This will ensure that the airport continues to be consulted as part of planning applications as and when appropriate.

5.6 The Homes and Communities Agency (HCA) : Cooperation with the HCA has taken place during the preparation of the Plans. This has involved close working to identify the planned regeneration of Siskin Drive Gypsy and Traveller Site as well as the delivery of numerous affordable housing projects across the city.

5.7 Clinical Commissioning Group (CCG) : Cooperation has taken place with NHS England and the NHS Coventry and Rugby CCG in preparing the Local Plan and in particular on planning the infrastructure required to support a growing population. NHS England (Local Area Team) is the key organisation in help in the planning of GP Services and the Infrastructure Delivery Plan reflects their advice and recommendations. NHS England has also confirmed that it has been working jointly with the Coventry & Rugby NHS Clinical Commissioning Group (CCG) in understanding the implications of the city’s growth on health care provisions.

5.8 National Health Service Commissioning Board : NHS England have played an active role in the planning of GP Services for the Infrastructure Delivery Plan. NHS England have provided information regarding current capacity within the GP Services, projected requirements and investment costs required to meet future requirements. This information has informed the proposals within the Infrastructure Delivery Plan.

5.9 The Office of Rail Regulation (ORR): See ORR advice note on Localism Act 2011 (Delivering ORR’s duty to cooperate). The Office of Rail Regulation as well as Network Rail was contacted at each stage of Plan development setting out the proposals contained within the Plans with regard to rail. The City Council has, where necessary, liaised with the ORR in relation to proposed rail schemes across the city.

5.10 Transport for London : N/A

5.11 Integrated Transport Authority : Work with the West Midlands Integrated Transport Authority and Centro has remained on-going throughout the development of both Plans. This has supported the development of the Midlands Connect strategy and supported the commencement of NUCKLE. Joint working with the ITA will remain on-going to support the Council’s Local Transport Strategy (Coventry Connected SPD)

5.12 Highway Authority (CCC and Highways England): On-going cooperation with the Highway Authority has taken place throughout the preparation of the Local Plan. This has involved working together on strategic transport assessments to help inform the distribution of development and infrastructure requirements. In addition, detailed work has taken place to consider the potential for sustainable transport modes as part of the Local Plan and site infrastructure. Liaison meetings have taken place to ensure this work is effective and aligns with the Local Plan. Engagement

17 work with Highways England has focused primarily on a number of key infrastructure options, most notably at Toll Bar Island, Whitley South and Walsgrave Hill.

5.13 The Marine Management Organisation : N/A

6. Strategic Policy Issues

Paragraph 156 of the National Planning Policy Framework sets out the strategic issues where co-operation might be appropriate. In relation to the Local Plan and City centre AAP, this applies to the following areas:

• Housing provision; • Employment land and job creation; • the provision of retail, leisure and other commercial development; • the provision of infrastructure for transport, telecommunications, waste management, water supply, wastewater and flood risk • the provision of minerals and energy (including heat); • the provision of health, security, community and cultural infrastructure and other local facilities; and • climate change mitigation and adaptation, conservation and enhancement of the natural and historic environment, including landscape.

6.1 Housing The regional and sub-regional approach to housing delivery across Coventry and Warwickshire has already been discussed at length in this Topic Paper.

6.2 Employment land and job creation The regional and sub-regional approach to employment land delivery and job creation across Coventry and Warwickshire has already been discussed at length in this Topic Paper.

6.3 Retail During 2011 the CSWAPO group discussed the on-going validity of the retail hierarchy that had formed part of the Regional Spatial Strategy. These discussions concluded that although the retail hierarchy should still provide a useful starting point for considering the role of the sub-region’s retail centres, there was no need to formally continue with a retail hierarchy and a decision was taken not to include retail issues within the statement of common ground being prepared at that time. In this context the City Council has sought to maintain the role of its city centre as a tier 2 regional centre through the Local Plan and also to recognise that its wider retail hierarchy continues to play a role in supporting sustainable growth and development across Coventry.

The Local Plan and City centre AAP seek to allocate land for retail-lead development across Coventry but with a specific focus on Coventry city centre. This is with a view to supporting significant regeneration activity and enhancing the centre’s role across the sub-region and beyond.

The policies that are set out in both plans have been informed by the Councils Shopping and Centres Study update (2014). This study has identified a catchment

18 area that extends beyond the city’s administrative boundary, which is to be expected of a regional centre and focal point for the sub-region. This evidence base and the emerging policies have been openly discussed in partnership with neighbouring authorities throughout the development of both Plans.

6.4 Infrastructure The Council has worked with a range of Infrastructure providers, Warwickshire County Council and neighbouring local authorities to prepare a draft Infrastructure Deliver Plan to support the Local Plan proposals.

At its meeting on 16 th January 2015 the Joint Committee considered a report on a strategic Infrastructure Delivery Plan covering the whole of the CWLEP area. This report was prepared through joint working between the 7 authorities. The approach agreed seeks: • To collate the infrastructure information drawn from the various Local Plans and the Strategic Economic Plan into one document to include the status of the source plans and dates (if known) for adoption/ refresh etc. • To develop a GIS based mapping tool to map the various layers of proposed infrastructure across the sub region • To review the IDP on a regular basis, recognising that this data is subject to constant change

The agreed objectives of the Strategic IDP are to: • Support a strategically led approach to the future development of infrastructure in support of sustainable and effective communities and economic growth. ensure the efficient use of available funding and enable innovative and joined up solutions • Demonstrate to Government, effective joined up working across the sub region in support of funding bids through Growth Deals.

Following the further development of the City Council’s IDP as part of this Local Plan the City Council will continue working closely with Warwickshire County Council to update its section of the sub-regional work.

The Council has worked closely with neighbouring Councils and other stakeholders to plan for infrastructure requirements in relation to specific proposals and allocations which have cross boundary implications. Examples of this include: • Working with Warwickshire County Council, the Highways Agency and Rugby Borough Council to plan transport improvements in relation to proposed developments at Walsgrave Hill Farm; • Working with Warwickshire County Council, the Highways Agency and Warwick District Council to plan transport improvements in relation to the Gateway planning application/sub-regional employment site allocation and subsequently the Whitley South application; • Working with Warwick District Council and Warwickshire County Council to consider the implications of the proposed housing allocations at Kings Hill and Westwood Heath; • Working with Warwick District Council, Nuneaton and Bedworth Borough Council and other stakeholders in relation to the NUCKLE rail project;

• Working with Solihull Metropolitan Borough Council to understand the implications of HS2 and UK Central proposals.

6.5 Flood Risk A Level 1 and 2 Strategic Flood Risk Assessment (SFRA) was completed for Coventry in 2015 which updates a previous sub-regional report which was undertaken in 2008 covering the wider area of Coventry, Solihull and Warwickshire.

The results of the SFRA identify the risks from flooding and enable the Sequential Test to be applied to the allocation of sites for development. Referring to data provided by the Environment Agency and Severn Trent Water, the SFRA has produced a set of maps which show the Flood Zones 1, 2 and 3 and incorporate additional information to illustrate the potential result of climate change (Flood Zones 3a and 3b).

Coventry City Council’s drainage engineering team shares information and working with the Environment Agency, Severn Trent Water and the Canal and Rivers Trust, as well as advising on planning applications and current best practice. It is also designated as the Lead Local Flood Authority.

The Environment Agency is responsible for the production of the Severn River Basin Management Plan, which includes measures to protect and improve the water environment, as well mitigating for effects of flooding. Severn Trent Water has been involved with the plan preparation and has confirmed that there are no strategic water supply issues which will influence the Local Plan development strategy. Severn Trent Water has also indicated that it will be able to upgrade the City’s sewerage network and Waste Water Treatment facilities as required as development sites come forward across the district. Work undertaken initially as part of the Warwickshire Sub-Regional Water Cycle Study, 2010 and subsequently as part of the city Councils Water Cycle Study (2015) confirms this.

Collaboration with the Environment Agency in relation to a number of studies (e.g. the Water Cycle Study, the SFRA, the River Severn Catchment Flood Management, the River Severn Basin Management Plan and the Water Resources Management Plan) and through the Local Plan consultations have led to proposed minor amendments to the Local Plan polices EM1, 5 and 7. The Council and the Environment Agency have prepared a Statement of Common Ground regarding the Local Plan to reflect these changes as well as proposed amendments to policy EM4 and the introduction of a new policy – EM9. These suggested changes and the SOCG reflect current good practice as well as the release of new evidence and advice available to the EA at a time where the City Council could not have considered it in the development of its Plans. The EA confirms that it considers the published plans to be prepared in accordance with the Duty to Cooperate.

6.6 Waste management and the provision of minerals and energy The City Council is also the authority responsible for waste management and the planning for minerals.

The Local Plan draws attention to the Council’s Waste Strategy and sets out a range of policies to support its successful delivery. This includes planned new

20 infrastructure, including the potential expansion of the Energy from Waste Plant at Barr Road. The City Council will continue to work with its neighbouring authorities to manage its waste disposal programme in accordance with its Waste Strategy.

In terms of minerals, the City Council has worked with its Metropolitan Colleagues at the West Midlands geography to prepare a West Midlands Local Aggregate Assessment (LAA). The preparation of this has been overseen by the West Midlands Aggregate Working Party which has been closely aligned to the West Midlands Duty to Cooperate group.

The Draft LAA produced in November 2015 (Version 4) has now been approved following its formal approval by the West Midlands Aggregate Working Party.

Following its approval, work has now started on a 2016 update. This will include data for 2014 and 2015, to ‘catch up’ with some of the others, as the 2014 data was not included in the 2015 LAA. Information on future housing ‘demand’ in the West Midlands Metropolitan Area will only include figures that have been formally agreed by all of the authorities, and any other relevant technical information. The draft LAA will be prepared by the beginning of May at the latest.

6.7 Conservation and enhancement of the natural and historic environment, including landscape.

6.7.1 Warwickshire, Coventry and Solihull Green Infrastructure Strategy, 2013 : this was prepared by Green Infrastructure Sub-group of CSWAPO and identified key elements of the sub-region’s Green Infrastructure assets in terms of landscape, accessibility and biodiversity. This document was subject to a 6 week period of consultation and two stakeholder workshops were held. It’s preparation also included involvement from the emerging Local Nature Partnership. The outcomes of this study in relation to biodiversity enhancement areas, have informed the Plans Green Environment policies.

6.7.2 Coventry Green Belt Ecological Review 2014: this was prepared by the Habitat Biodiversity Audit Partnership for Warwickshire, Coventry and Solihull, Warwickshire Wildlife Trust. It provides a full overview of the ecology and biodiversity value of the Coventry Green Belt helping to highlight some of the most sensitive and highest values spaces across the city. This document has drawn on the information contained within the Habitat Biodiversity Audit. This is a project covering Coventry, Solihull and Warwickshire that has been on-going for over 20 years and continues to provide a basis for assessment of potential development sites and where relevant protection of local features. In preparing the Local Plan, the Audit has informed the preparation of the SHLAA and site selection matrix. It is incorporated within the Green Environment policies.

6.7.3 Warwickshire, Coventry and Solihull Biodiversity Offsetting Scheme : The scheme, led by the Green Infrastructure Sub-group of CSWAPO, was one of 6 pilots to test the principle of Biodiversity Offsetting. Through the pilot, a refined collective approach was established to both Biodiversity Offsetting and the principles behind ecological assessments for quantifying ecological loss or gain. Opportunities

21 to continue this approach and incorporate it within new developments are identified in the Local Plan’s Green Environment policies.

6.7.4 Landscape : the 2009 Joint Green Belt Study prepared by SSR also included a landscape assessment of each parcel. To ensure consistency across the study area, these assessments drew on National Landscape Character Areas identified by Natural England and on local landscape guidelines. This study is complimented by the 2007 Landscape Assessment and Guidance document which remains of relevance to the city’s current landscape characteristics and has helped to inform the SHLAA assessment work and wider site selection process.

6.7.5 Historic Environment : Coventry City Council has worked closely with Historic England (HE) to ensure that the policies contained in the Submission Local Plan reflect not only the NPPF but also current good practice in the protection and enhancement of nationally and locally recognised historic assets. This extends to the public realm, historic street patterns and historic landscapes.

The impacts on the City’s historic environment, especially in landscape terms is recognised as a significant challenge in the delivery of the Local Plan in particular, given the pressures on the city to grow and make land available for new homes and jobs. As such, the Local Plan looks to strike an appropriate balance by promoting the retention and appropriate incorporation of key heritage features such as trees, hedgerows streets and buildings. Both Plans also promote the reuse of at risk buildings to ensure their long term survival and improvements to the public realm and built environment to return important heritage assets such as the City’s historic retail core are returned to their original concept.

The Council will be developing a Statement of Common Ground with Historic England to support the Local Plan and Area Action Plan.

6.8 Health Care The City Council has worked closely with NHS England during the development of the Plans to ensure adequate provisions are planned to support new and improved health care facilities across the city. This has resulted in identified needs for new health centres, especially to support the planned urban extensions. Land is available around University Hospital Coventry and Warwick (at Walsgrave) to support any necessary expansion that may be required during the plan period. Policies within the Local Plan are supportive of such growth in principle.

6.9 Education (Primary and Secondary) Joint working with the Local Education Authority has been on-going during the development of the Plans to ensure adequate provisions are planned to support new and improved education facilities. In its role as LEA, the City Council meets regularly with the County Council and work remains on-going to ensure planned developments adjacent to the city boundary are supported by shared facilities and strategic investment as appropriate.