Hearing Statement Windsor Link Railway On behalf of: Windsor Link Railway Ltd. August 2020 hghconsulting.com Contents 1.0 Introduction ................................................................................................................. 3 2.0 Previous Representations ........................................................................................... 4 3.0 Response to Matters, Issues and Questions .............................................................. 5 4.0 Suggested Amendments .......................................................................................... 10 5.0 Conclusion ................................................................................................................ 11 Windsor Link Railway Ltd. Local Plan Examination: Hearing Statement Page 2 of 12 1.0 Introduction 1.1 This Hearing Statement has been prepared by hgh Consulting on behalf of Windsor Link Railway Ltd. (WLR). 1.2 WLR are the promoters of the Windsor Link Railway scheme: a strategically important railway and property development scheme in Windsor that will create a through line by connecting the two existing branch lines from Staines and Slough via a tunnel and new single station; thus releasing land for enhanced property development opportunities along the riverside area. 1.3 The project has been progressing well with Network Rail (a principal landowner) having already granted WLR exclusivity in relation to the scheme for a period of 20 years; and has recommended progressing with the preparation of a detailed programme of works and feasibility study for the project. 1.4 Given the scheme’s strategic importance to Windsor, both in terms of transport infrastructure and the delivery of new housing and other development, it is considered that appropriate recognition of WLR be included within the emerging Local Plan. 1.5 This Hearing Statement sets out our previous objections to the Local Plan for context; and addresses a number of the Inspector’s further Matters, Issues and Questions for Stage 2 of the Examination. Windsor Link Railway Ltd. Local Plan Examination: Hearing Statement Page 3 of 12 2.0 Previous Representations Draft Local Plan (December 2016) 2.1 WLR objected to the Draft Local Plan on grounds that it did not include an appropriate reference to the WLR scheme. 2.2 It was recommended that paragraph 15.2.4 from the earlier Preferred Options Consultation (January 2014) document be reinstated: “The Borough Council will consider proposals for rail access to Heathrow on their merits. In addition, there are early local proposals for a Windsor Link Railway (WLR a line joining the two Windsor stations, connecting Slough to Waterloo via Windsor) and an alternative proposal for a Slough to Windsor tram link. Whilst Network Rail and South West Trains have concluded that the WLR is both likely to have both significant passenger demand and be viable, these proposals are at a very early feasibility stage.” 2.3 This wording had been consulted upon at the Preferred Options stage and did not encountered any significant objection. Thus, it is unclear why it was subsequently removed given the demonstrable progress that has been made by WLR and Network Rail as a principal landowner, which continue as at the date of this letter Submission Version (June 2017) 2.4 This reiterated previous objections highlighting that until appropriate reference to the Windsor Link Railway scheme was inserted, the Local Plan fails to meet the tests of “soundness” in the NPPF. Submission Version: Proposed Changes (October 2019) 2.5 This identified that the Local Plan was failing to meet objectively assessed housing needs as calculated under the Government’s standard methodology and that more effective use of brownfield sites needed to be made before considering Green Belt release in line with national planning policy. 2.6 In particular, the proposed allocation at Windsor and Eton Riverside Station Car Park (AL30) – which is to form an initial phase of the wider Windsor rail scheme – was supported by WLR, but it was recommended that the proposed number of dwellings that the site can support be increased from 30 to 60 dwellings in order to provide a more appropriate density for a sustainable urban site. 2.7 This representation was supported by separate representations by Network Rail confirming that WLR has an Exclusivity Agreement with Network Rail that allows WLR to promote a development at this station as part of, but not reliant or conditional upon, the wider Windsor Link Railway scheme. Windsor Link Railway Ltd. Local Plan Examination: Hearing Statement Page 4 of 12 3.0 Response to Matters, Issues and Questions Matter 1: Legal Compliance and Procedural Issues Issue 2: In procedural terms, do the proposed changes to the submitted plan (published for consultation on 1 November 2019) give rise to specific problems of legal non-compliance? 3.1 Network Rail are correctly listed as a “prescribed body” for the purposes of the Duty to Cooperate. RBWM’s Duty to Co-operate Compliance Statement (January 2018) outlines the discussions that have taken place with Network Rail over the Local Plan production process. However, all discussions appear to relate to Maidenhead Station only. RBWM have held no discussions with Network Rail, and WLR as its representative, regarding the Windsor Link Railway scheme despite recognition of the scheme in earlier versions of the plan. Issue 4: Has the Plan been informed by an adequate process of Sustainability Appraisal (SA)? Have the requirements of the SEA Directive and Regulations been met? 3.2 No. The Sustainability Appraisal does not consider at any time the Windsor Link Railway scheme as a “reasonable alternative” (particularly to Green Belt release), despite it being a favoured option throughout the early consultation phases. 3.3 As described above, reference to the Windsor Link Railway scheme was made within the Preferred Options Local Plan (January 2014). A subsequent consultation was also run between 29th June and 30th September 2015 asking for residents’ opinions on several specific planning policy questions, including proposals for the Windsor Link Railway scheme. Overall, 293 respondents (64%) supported the proposals, 54 (12%) were neutral and only 111 (24%) objected. This compares to approximately 90% of respondents who supported the protection of the Green Belt as evidenced in RBKT’s Consultation Statement to the Preferred Options Local Plan. The council’s statutory consultation is supported by third party surveys of opinion, including the Central Windsor Neighbourhood Plan (now Windsor 2030/Windsor Plan), a survey by the local newspaper which found 78% support and more recent research by Copper Consultancy which found 75% support (details of which can be found at https://windsorlink.co.uk/tag/consultations/). 3.4 Despite the overall levels of support for the Windsor Link Railway scheme, the Sustainability Appraisal does not include WLR as a “reasonable alternative” as required by the SEA Directive and Regulations. The current proposals for Green Belt release around Windsor cannot therefore be considered the most appropriate or sustainable option for the Local Plan. Matter 2: Spatial Portrait, Vision, Objectives and Spatial Strategy – Issue 3 Issue 3: Would the proposed changes to the Plan alter the focus of development proposed in Windsor from town centre sites to Green Belt sites? Is this justified? 3.5 The NPPF is clear that any amendments to Green Belt boundaries can only be undertaken in “exceptional circumstances”. There is little to no evidence or explanation of the exceptional circumstances for the proposed Green Belt amendments in the Submission Local Plan. 3.6 Rather, RBWM should be able to demonstrate that it has fully examined all other reasonable options for meeting its identified need for development, including making as much use as possible Windsor Link Railway Ltd. Local Plan Examination: Hearing Statement Page 5 of 12 of suitable brownfield sites and underutilised land and by optimising densities (particularly in town centres and areas well served by public transport) – as is good planning practice and principle. 3.7 The proposed changes to the Submission Local Plan no longer see Windsor Town Centre as a “growth area”, instead identifying this on the western edge of the town within what is currently Green Belt. This approach is notably at odds with national planning policy and is particularly important post COVID-19 to ensure that town centres are fit for purpose and, in the case of Windsor, remain attractive to tourism. The proposed approach towards Green Belt release will not result in a sustainable pattern of development when compared to the Windsor Link Railway scheme. 3.8 Whilst it is of course important to protect heritage assets in Windsor, the Submission Local Plan fails on two important fronts: 1) In its inability to make the most use of brownfield land within the Town Centre in what should be a key location for growth; and 2) Its inability to recognise that a careful masterplan-led approach to Windsor (as is proposed for Maidenhead and Ascot) would lead to significant improvements to the Town Centre, transport infrastructure, housing and employment provision, and enhancements to heritage assets. 3.9 As described above, respondents to earlier rounds of consultation notably preferred proposals for the Windsor Link Railway scheme over Green Belt release; but yet, RBWM has pursued Green Belt release at the expense of Windsor Town Centre. This approach is not justified. Issue