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.