Bishop’s Tachbrook Parish Council
22nd June 2014
Planning Application response to Warwick District Council
Application number W14/0661
Outline application for 785 dwellings at Lower Heathcote Farm, Harbury Lane, Warwick CV34 6SL
This application replaces the withdrawn application W13/0606 for a maximum of 720 dwellings,
Bishop’s Tachbrook Parish Council OBJECTS to this application for the following reasons –
1.
At the present time, the current Local Plan is that which was adopted in 2007. This site is
subject to all the rural area policies contained in that Plan which does not permit housing
development other than for very specific local purposes.
2.
In the 2nd consultation in 2012, land to the south of Harbury Lane including this site was
identified as an area of search for a green wedge that would connect Radford Semele to
Castle Park. This was widely supported by the public. In the 3rd consultation in 2013, the land
the subject of this application was included for public consultation as a potential housing
site. There was widespread rejection of this proposal by the community in the 3 southern
towns and this parish council.
The Publication draft Local Plan approved by Council in April 2014 ignored the views of the
public and has included this site as a site for housing required to meet the assumed housing
need based on the JointSHMA. However, since that decision, the mid-2012 population
projections have been published by the ONS and show that rather than the expectation of a
population rise of 21,472 by 2029, it is now expected to be 15,313. This will mean that the
publication draft will have to be revised and when that happens it will be clear that this site
is not required to meet the objectively assessed housing need of the district.
3.
The application does not meet the requirements of the National Planning policy
framework.
The National Planning Policy Framework and the Localities Act, that abolished the Regional
authorities and their spatial strategies, requires Local Authorities to prepare new Local Plans
which “provide a framework within which local people and their accountable councils can
produce their own distinctive local and neighbourhood plans, which reflect the needs and
priorities of their communities.” In the Ministerial Forward, Greg Clark, Minister for Planning,
states that “ Planning must be a creative exercise in finding ways to enhance and improve the
places in which we live our lives.”
NPPF6 states that “The purpose of the planning system is to contribute to the achievement of
sustainable development. The policies in paragraphs 18 to 219, taken as a whole, constitute
the Government’s view of what sustainable development in England means in practice for
the planning system.”
This application fails to take account of substantial parts of the NPPF and so does not meet
the principle of sustainable development. There are 3 dimensions to sustainable
development – environmental, social and economic. It is expected that all 3 objectives would
be achieved simultaneously by any proposals.
3.
The environmental role - contributing to protecting and enhancing our natural, built and
historic environment; and, as part of this, helping to improve biodiversity, use natural
resources prudently, minimise waste and pollution, and mitigate and adapt to climate
change including moving to a low carbon economy.
3.1
Conserving and enhancing the natural environment.
Section 11 of the NPPF paras 109 to 125 apply.
Para 109 point 1 refers to protecting and enhancing valued landscapes, geological,
conservation interests and soils.
a)
This site is part of the northern edge of rural Warwickshire where it meets the southern side
of the towns of Warwick, Whitnash & Leamington.
It is in a highly sensitive landscape location as it is at the top of the Tach Brook Valley at
between 60 to 70m AOD.
To the west, the site is seen from the towers at Warwick Castle as seen in this photograph
where the site is the yellow field which can be seen in the middle distance. The existing farm
buildings will disappear and be replaced by this housing estate application. It will severely
detract from this historical view which was conceived as part of the setting of the Grade 1
listed Warwick Castle and is part of the setting of the Castle and its environs. Castle Park is a
historic park and can be seen in the foreground on the right.
To the south, the land falls towards the Tach Brook, a significant feeder waterway to the
River Avon and runs at the bottom of the valley on the line of the trees in the middle
distance of the photo below.
The trees on the skyline are on the boundary with Harbury Lane, so the housing estate will
fill the top of the hill and will be visible from along the complete length of the public
footpath from St. Chads Church in Bishops Tachbrook to its end at Europa way, a distance of
2.6km, forming a very destructive intrusion into the Tachbrook Valley. This will not enhance
this valued landscape, does not meet the NPPF and is an unacceptable legacy for the future.
It will be very visible from all the properties on the northern boundary of Bishop’s Tachbrook
as they are higher than the point at which this photo was taken.
Warwick District Council commissioned a landscape assessment from its landscape
consultant, Richard Morrish, “Considerations for Sustainable Landscape Planning” dated
November 2012, who advises that
“5.1 Some of the elements that contribute to landscape character include the shape and
scale of topography, the presence and pattern of natural geology, outcrops, water bodies
and vegetation and, the patterns and features of man’s intervention – including land
management and settlement.
How and from where the landscape can be viewed greatly influences how it is perceived – so
that the availability of access becomes influential in determining landscape character. A
variety of views (long vistas, wide panoramas, framed focal points) generally adds to our
enjoyment of a landscape.”
This paragraph describes exactly the situation here.
b)
So far as soils are concerned, the majority of the site proposed for development it is Grade 2
Agricultural Land Classification with the remainder around farm buildings and at edges being
either grade 3a or 3b. It is also the subject of a Natural England Entry Level Environmental
Stewardship Contract. This is therefore best and most versatile agricultural land which, as
para 112 requires, Local planning authorities should take into account the economic and
other benefits of. Only when significant development of agricultural land can be
demonstrated to be necessary, should land of this quality be considered for development
and only then if there is no possibility that land of poorer quality is available.
The Publication Draft local Plan lists sites that are considered suitable for housing
development. From an analysis by this Parish council, the entire objectively assessed housing
requirement can be provided elsewhere in the District so that the need to use this site has
not been demonstrated. The revised population projections will reinforce this fact and the
NPPF112 requires that brownfield and low quality greenfield sites should be used before
allocating land of a higher quality.
3.3
Minimise pollution and adapt to climate change including moving to a low carbon
economy.
Paragraphs 109, 95 and 97 apply.
a)
Para 109 point 4 refers to preventing both new and existing development from contributing
to or being put at unacceptable risk from, or being adversely affected by unacceptable levels
of air pollution. Because of its comparatively remote location to the towns the majority of
trips from the 785 homes to all facilities will be by car. This will put additional pressure on
the air quality in the towns which is currently a problem that is apparently not resolvable.
Increased vehicular traffic will only make the situation worse, particularly at peak times
when standing traffic exacerbates the quantity of pollution and the proximity of the
dwellings in the town to the historic road layouts.
b)
In addition, these reasons mean that the location of housing on this site does not meet the
requirement of NPPF 95 point 1 since local planning authorities should plan for new
development in locations and ways which reduce greenhouse gas emissions, because the car
use generated by this location will be more than would occur if these dwellings were to be
located on sites available closer to the towns.
4
Previous relevant decisions affecting this site.
4.1
Advice from the office of the Secretary of State, Eric Pickles, in a letter dated 11th July 2013,
is that
“The presumption in favour of sustainable development included in the National Planning Policy
Framework does not mean development at any cost. The presumption is clear that applications
should not be approved if the adverse impacts would significantly and demonstrably outweigh the
benefits; or if specific policies in the Framework indicate that development should be restricted.
In the National Planning Policy Framework it is made clear that planning should recognize the
character and beauty of the countryside. The Framework includes rigorous protection for Green Belt
and requires planning policies to support biodiversity at a landscape scale. The Framework also states
that local planning authorities should take into account all the benefits of the best, most versatile
farmland, promote the development and diversification of agriculture, and encourage re-use of
previously developed land if not of high environmental value. However, it is for the local planning
authority, in consultation with local people, to decide where development would or would not be
sustainable”.
4.2
The 2006 Public Inquiry
The 2006 Public Inquiry Inspectors report that led to the adoption of the current local plan in
September 2007 is still as pertinent today as it was then and nothing ‘on the ground’ has
changed. The only difference is the introduction of the NPPF and the conclusions drawn in
2006 need to be tested against the new framework to see whether a different view needs to
be taken.
The Inspectors appraisal and conclusions are both policy and site specific and address each
of the key issues in turn. The matters raised that affect his decision as regards the
application site are set out here.
10.11.77 Issue 18: (Lower Heathcote Farm, Leamington Spa) The objection by Gallagher Estates
Ltd proposes that a tract of land at Lower Heathcote Farm be identified as an area of
search post-2011 for mixed-use development in order to meet medium and long term
development needs. The land in question lies south of Harbury Lane and east of Europa
Way. It extends as far as Grove Farm to the south-east. and follows the line of the Tach
Brook to the south.
Having considered the case made by Gallaghers for use of this site for housing and after
setting out his reasons, the Inspector decided that 10.11.87 I conclude that land at Heathcote Farm should not be identified as an area of search post2011 for housing-led mixed use development in the medium and longer terms.
This is an unequivocal conclusion by the Inspector, for which there are no new reasons for it
to be overturned either by the Publication Draft of the Local Plan or any revision to it due to
the revised lower population projection now published by the ONS.
5.
5 year land supply
Due to the current position on consultation and planning approvals given to date,
calculations show that there is at least a 6.44 year planning supply for the current target of
12,860 homes which would increase as the number of homes is reduced to match the new
population projection.
The only conclusion that the Parish Council can come to is that this planning application should be
refused as there is no sustainable case to approve it.