22nd June 2014
Bishop’s Tachbrook Parish Council
Planning Application response to Warwick District Council
Application number W14/0681
Outline application for 450 dwellings on Land West of Europa Way, Warwick CV34
This application replaces the withdrawn application W13/0603 for a maximum of 370 dwellings,
Provision of employment area up to a maximum of 7880sq.m for B1 uses & Potential provision of a
primary school and is for now for 450 dwellings with no employment or school provision.
Bishop’s Tachbrook Parish Council OBJECTS to this application for the following reasons –
1.
Consultation on the development of the draft local plan
1.1
The land to which this application relates was not part of the 2nd Local Plan consultation in July
2012. It was part of the 3rd consultation in 2013 and due to the matters raised through that
consultation process, it has not been included in the publication draft Local Plan which is
currently in consultation as to soundness.
1.2
That consultation established that use of this site did not, in principle, meet the district Councils
declared Vision statement that “Warwick District is acknowledged as a beautiful place to live in,
work in and visit. It has attractive countryside, excellent location, good communication links
and rich heritage.”
1.3
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. The Publication Draft Local Plan,
having considered this site further and fully found that this site was neither appropriate nor
necessary to meet the housing requirements of the District.
2.
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.
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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.
a)
Para 109 point 1 refers to protecting and enhancing valued landscapes, geological conservation
interests and soils.
This site is the northern edge of rural Warwickshire where it meets the southern side of the
towns of Warwick & Leamington. It is in a highly sensitive landscape site as it is at the top of the
surrounding area at 65m AOD. To the south, the land falls towards the Tach Brook, a significant
feeder waterway to the River Avon. Any development of this site will be visible from many parts
of the rural area to the south. This will not enhance this valued landscape. It is an integral part
of the landscape south of Harbury Lane and Gallows Hill and will be equally visible from the
west at the Banbury Road – Gallows Hill junction being on the top of the hill in the photo below,
forming an intrusion on the skyline between the trees.
The 2009 Landscape area statement by the councils Landscape Consultant Richard Morrish
clearly concludes that
“This study area is principally well preserved farmland that creates an attractive rural setting for
the south side of Warwick and should be considered an important part of the setting for Castle
Park. Any development that ‘jumped’ the Heathcote Lane / Gallows Hill frontage would set a
major landscape precedent in extending the urban area so far south. Although it is considered
that the Warwick Technology Park has possibly diminished the value of the Area of Restraint
north of Heathcote Lane, its general style of low density development in a strong landscape
setting makes for a reasonably successful transitional environment on the urban fringe – as do
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the adjacent school sports fields. To extend the urban area beyond these sites would make for a
disjointed urban structure.
Our conclusion is that this study area should not be considered for an urban extension and that
the rural character should be safeguarded from development.”
The Parish Council supports this view.
b)
So far as soils are concerned, the whole of site with development upon it is Grade 2 Agricultural
Land Classification and is the subject of a Natural England Entry Level Environmental
Stewardship Contract. This is therefore best and most versatile agricultural land so that, as para
112 requires, Local planning authorities should take into account the economic and other
benefits of the best and most versatile agricultural land. 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 shows that 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.
3.2
Conserving and enhancing the historic environment
Section 12 of the NPPF paras 126 to 141 apply.
Housing on this site would intrude visually and physically into the valuable historic landscape
features. It is next to and visible in and out of the Warwick Conservation Area (including
Warwick Castle, Warwick Castle Bridge and St Nicholas Church), Warwick Castle Park and the
landscaped approach to Warwick formed by the Banbury Road. If approved, this
development would irreparably destroy the attractiveness of this uniquely valuable approach
to Warwick.
The site can be seen from the Warwick Castle Towers and the Mound. Any development on this
site will have a direct impact on the views available to visitors to the castle and would only be
detrimental to the historic and landscape matters but will also lower the visitor experience of
the Castle and the economic tourist value to the town.
This photograph, which was taken from the top of Guys Tower in Warwick Castle, looking
south-east, shows the site of application 0681 between the two oak trees in the centre of the
field and the hedgerows running along Europa Way. Behind the hedgerow there are fields of
yellow oil seed rape which is the site of application W/14/0661. To the right of the poplar tree
on the left of the photo is the farm cottage to the former Heathcote Farm with, to its right, the
roofs of the bungalows in Heathcote Park, mostly hidden in the trees. Beyond that are the trees
bordering Oakley Wood Road with the hill rising behind them, through the Grove Plantation
rising to Highdown Hill Plantation on the skyline. This is a view that has been available to Kings,
Earls and visitors since 1395 when the Tower was constructed, so is significant for Tourism and
should not be lost to development. No amount of landscape ‘mitigation’ will compensate.
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This development would result in views from the castle of the open country to the south being
damaged, by a suburban housing estate - the only urban development prominent to view to the
south from the Castle.
It is made all the more special by the Banbury Road approach to Warwick conceived by the Earl
of Warwick in the late 18th century as part of his remodelling of the Warwick Castle Park
beyond the limits of that created by Lancelot Brown. The bend in the main Banbury Rd was
insisted upon by the Earl so that this entry to Warwick by coach & horses would deliver what he
visualised - an approach to the Castle that would reveal a surprise view of the entry to
Warwick. This is a major part of the attraction to visitors today.
Abercrombie's 1947 plan for Warwick recognised the value of this southern entrance to
Warwick and to the setting of Castle Park and the Warwick Conservation area by restraining
development here. If approved, this development would irreparably destroy the attractiveness
of this uniquely valuable approach to Warwick.
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 450 homes to all facilities will be by car. Nothing other than dwellings, is being located on
this site. 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
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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.
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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.
10.3.50 I conclude that land at Gallows Hill should not be allocated under Policy SSP1 for
employment (Class B1) purposes, nor should the site be excluded from the rural area
defined on the Proposals Map. To do so would result in an over-provision of employment
land relative to the Structure Plan requirement, at the expense of the surrounding
countryside.
5.
5 year land supply
Due to the current position on consultation and planning approvals given to date, calculations
show that there is a 6.44 year planning supply for the current target of 12,860 homes.
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.
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