PLANNING STATEMENT
TO ACCOMPANY AN APPLICATION
FOR;
THE ERECTION OF UP TO 130
DWELLINGS, NEW ACCESS
ARRANGEMENTS FROM TUNNEL
ROAD. WITH NEW OPEN SPACE,
LANDSCAPING AND ASSOCIATED
PHYSICAL INFRASTRUCTURE.
AT
LAND NORTH OF TUNNEL ROAD,
GALLEY COMMON, NUNEATON
FOR
A R CARTWRIGHT LIMITED
CHARTERED
TOWN PLANNING
CONSULTANTS
Planning Statement 2 Framptons
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CONTENTS
1.0 Introduction
2.0 Site Description
3.0 Planning Policy Framework
4.0 Planning Assessment
5.0 Conclusion
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1.0 INTRODUCTION
1.1 This statement has been produced to accompany the application submitted on
behalf of A R Cartwright Limited. The application seeks outline permission for
the erection of up to 130 dwellings, access from Tunnel Road, along with
associated open space, landscaping and physical infrastructure works.
1.2 All matters are reserved with the exception of access. As shown on the illustrative
masterplan access is to be provided from Tunnel Road. Details of this access form
part of this submission and are shown on plan 14075-02A.
1.3 This planning statement is to be read in conjunction with the other information
submitted with the application most notably;
The Illustrative Master Plan (12/30/05A)
The Design and Access Statement
Transport Assessment
Flood Risk Assessment
Ecology Assessment
Landscape and Visual Impact Assessment
Area of Restraint and Countryside Assessment
Archaeology Assessment
Geo-environmental Assessment
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1.4 A number of other technical documents have been submitted with the application
dealing with specific matters pertaining to the proposals. The purpose of this
statement is to examine the national, regional and local planning policy
framework within which the proposals are to be examined. The statement will
look at both adopted and emerging policies and demonstrate how the proposals
will accord with the policy framework within which they should be assessed.
1.5 The accompanying Design and Access Statement sets out the design framework
and parameters that have informed the design approach, to that end it is not
intended to repeat here the content already outlined in the Design and Access
Statement. However some fundamental elements of the scheme are;
A development of up to 130 new dwellings
A mix of dwellings ranging from 2 bed bungalows to 4 bed houses
Areas of formal and informal open space
Additional landscaping and tree planting where appropriate
New vehicular access arrangements
Links to the existing footpath and cycle path network in the area
Sustainable Urban Drainage Systems
1.6 The accompanying Illustrative Master Plan demonstrates how the development
could come forward and shows how the proposal responds to its context and site.
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2.0 SITE DESCRIPTION
2.1 The application site is located on the western edge of Galley Common, a village
on the western outskirts of Nuneaton, Warwickshire. The site falls within the
administrative area of Nuneaton and Bedworth Borough Council, the relevant
Local Planning Authority for these proposals. The site measures approximately
4.3 hectares.
2.2 The site comprises five fields of grazing paddocks, another smaller parcel of
grassland and yard with outbuildings behind 89 Tunnel Road. These six parcels
are divided by hedgerow field boundaries. The site also includes two narrow
strips of land for future access to the site from Tunnel Road, one of which is a plot
with a dwelling, 147 Tunnel Road.
2.3 The northern boundary of the site is formed by a meandering watercourse and
associated vegetation. To the south-east the site abuts rear gardens of dwellings
along 93-169 Tunnel Road. The site is bounded by hedgerow and agricultural
fields to the south-west, west, north and north-east, and as such forms part of the
interface between developed land and open countryside.
2.4 The site is highly compartmentalised with both internal and boundary hedgerows
combining with the water course and associated vegetation to the northern
boundary to provide a strong degree of visual enclosure to the site.
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2.5 Galley Common lies to the east of the site and contains a range of shops, schools
and community facilities. There is also a doctor’s surgery with good bus
connections from Tunnel Road to Nuneaton and the wider area.
2.6 The application site has no planning history of relevance to this proposal.
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3.0 PLANNING POLICY FRAMEWORK
3.1 This chapter examines the relationship of the various strands of planning policy
guidance the chapter examines the key policy issues that relate to the proposed
development.
3.2 S38(6) of the Planning and Compulsory Purchase Act 2004 requires planning
applications to be determined in accordance with the development plan, unless
material considerations indicate otherwise. For the application site, the
development plan comprises;
The West Midlands Regional Strategy (WMRSS) (January 2008);
Warwickshire Structure Plan 1996 -2011 (August 2002);
Nuneaton and Bedworth Local Plan (June 2006 with Saved Policies after
January 2009)
3.3 The key policy requirements from these documents are summarised below.
WEST MIDLANDS RSS
3.4 On 27 May 2010, the Secretary of State for Communities and Local Government
announced the Government’s commitment to abolishing Regional Strategies. That
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was followed by a statement on 6 July 2010 in which the Secretary of State
announced the revocation of the Regional Strategies with immediate effect. The
latter was the subject of a High Court Challenge by Cala Homes who successfully
argued that regional plans should remain part of the development plan and are a
material consideration in the determination of planning applications until they are
formally abolished through the enactment of the Localism Bill. The Localism Bill
has now received Royal Assent but without complete environmental assessments
the RSS are still capable of being a consideration.
3.5 Detailed consideration of the housing figures set through the RSS process
(January 2008 and Phase Two Revision September 2009) are included in Section
4 below.
Phase Two Revision - West Midlands RSS (September 2009)
3.6 The Phase Two Revision of the RSS had progressed through a number of
consultation stages and provides up to date guidance on housing distribution for
the region, using more recent housing requirements that have been the subject of
an examination process.
3.7 A partial revision of the West Midlands RSS (Phase Two) was submitted to the
Secretary of State in December 2007. An Examination into the revisions was held
in April to June 2009 and the Examining Panel published their findings and
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recommended changes in September 2009. The principal areas of amendment to
the 2008 RSS were related to:
The introduction of sustainable development policies;
Housing provision and distribution;
Employment land provision and distribution; and
Consequent changes to sub-area strategies.
3.8 Nuneaton and Bedworth is identified in the revised Strategy as one of 11
Settlements of Significant Development (SSD). Bedworth is located within the
Coventry/Solihull/Warwickshire sub-region. In order to realise the growth
potential of this sub-region, development is to be focussed on a north-south
transport corridor running from Bedworth/Nuneaton in the north
Warwick/Leamington in the south.
3.9 Revised Policy CF3 states that the provision for development of 10,800 new
homes (net) should be made in Nuneaton/Bedworth during the period 2006 to
2026. This gives a build rate of 540 dwellings per annum.
3.10 Revised Policy CF7 ‘Affordable Housing’ replaces Policy CF5 of the 2008
Strategy. As redrafted by the Examining Panel, the aim is that across the region as
a whole, 35% of the net housing increase should be affordable. Each authority
will set targets in the range of no less than 25% and no more than 40% of total
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provision (Recommendation 4.4). Consequently, the Local Plan target for 25% is
appropriate.
WARWICKSHIRE STRUCTURE PLAN 1996 - 2011
3.11 Following the preparation of the RSS, many of the policies contained in the
Structure Plan have been superseded. The only saved policy of relevance is Policy
T10 which states that developer contributions should be provided for public
transport, pedestrian and cycling facilities to serve development and regeneration.
The County Council will also require developer funding of highway and traffic
management schemes which provide access to or support development and
regeneration. The draft heads of terms reveals that these matters will be discussed
with officers.
NUNEATON AND BEDWORTH LOCAL PLAN 2006
3.12 The Local Plan sets out the policies and proposals for new development in the
Borough. It covers the period 1996 to 2011 and is based on the strategic
framework provided by the Warwickshire Structure Plan 1996 to 2011. Some
policies have been deleted. The relevant saved policies are referred to below.
Housing
3.13 Policy H3 states that the Council will negotiate a proportion of all new dwellings
on sites of 15 dwellings or more/over 0.5 hectares irrespective of the number of
dwellings to be affordable and provided in accordance with the Council’s current
housing strategy. This indicates that 25% of new housing should be affordable
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and should meet the specific needs identified in the strategy. The application
proposal will deliver 25% of the dwellings as affordable. NBBC Housing
Department has advised that current applications for the housing waiting list for
Galley Common total 158 households. This breakdown to 73 seeking 1 bed
accommodation, 55 seeking 2 bed, 29 seeking 3 bed and 1 seeking 4 bed. This is a
substantial requirement and the affordable provision seeks to address this
requirement specifically, especially with regard to the provision of 2 bed
bungalows.
3.14 In new residential development on suitable sites, the Council will seek the
provision of 10% of housing which is capable of adaptation (without structural
alteration) to meet the needs of people with disability and mobility problems
(Policy H5). Such housing should proportionately reflect the mix of house types
and sizes within that site. The application proposal will deliver 10% of the open
market dwellings as capable of being adapted.
3.15 The Council will seek appropriate planning obligations to meet any increased
demand for health, education, social / community, public transport services and
facilities, sport and play facilities, public open space, nature conservation
mitigation, compensation and enhancement measures that arises directly from the
development (Policy H6). In accordance with Policy H6, the draft heads of terms
are provided in a separate document as part of this application.
3.16 Policy H12 encourages sustainability in new development. It states that the design
and layout of new residential design should be to a high standard including energy
efficiency. The accompanying Design and Access Statement demonstrates that the
application proposal complies with the requirements of Policy H12.
Environment
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3.17 The application site is located within an area that is designated as Policy ENV2
Area of Restraint (AOR) and ENV3 Countryside.
3.18 The 2006 Local Plan explains the purpose of the AOR is identified and the
relevant policy tests. It includes reference to a sequential approach that is referred
in the preamble to the policy. It is noted that the ‘overriding intention of Areas of
Restraint (AoR) is to protect their inherently open character because of the
valuable contribution they make to the character and structure of the towns’.
3.19 The Local Plan provides the context for the future role of AOR and importantly
this role relates to the control of land for future housing and employment
development in the Borough. The Local Plan states:
Areas of Restraint and Countryside – their future role
In the unlikely event that the supply of housing or employment land
identified in policies H1 and Emp1 fail to deliver those particular land
requirements or as part or the review of the Local Plan - whichever is
sooner - the Council will consider the availability of land for future
development. This review is likely to include a timeframe that is
compatible with the Regional Spatial Strategy.
A sequential approach will be followed to identify land suitable for future
development, looking firstly to previously developed land within the urban
area in accordance with the advice contained in PPG3. PPG3 states that
once the supply of land identified in the Urban Capacity Study has been
considered the search should look towards urban extensions. Extending
the Borough’s urban areas would call into account five types of land
designated in the Local Plan. The search sequence to be applied would be
to consider: first, previously developed land in the urban area; second,
undeveloped land in the urban area; third, the Countryside areas; fourth,
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the Areas of Restraint; and finally, the Green Belt. In deciding which sites
to allocate from this sequential search, the site’s potential for development
will be assessed. Housing land will be assessed against criteria listed in
PPG3 (Para 31). Guidance on employment land is currently under review.
In the interim, the ‘Employment Land Reviews’ document issued by
ODPM (2004) provided the framework for the Borough’s own
employment land survey. If having exhausted all previously developed and
then greenfield land within the urban area, there are future employment
land requirements, these should be met by extending the search for land to
the countryside areas and then the Areas of Restraint, and finally Green
Belt. The results of the potential sites identified in the Borough’s
employment land survey will need to be ordered for release to accord with
this preferred sequence, also taking in account factors from the survey
findings including suitability of the site, transport access, a site’s location
within ‘policy areas’ e.g. the regeneration zone and any constraints to
development.
3.20 Policy ENV2 of the Local Plan states:
Areas of Restraint
Env2. In Areas of Restraint, as defined on the Proposals Map, development will
only be permitted where the development would not adversely affect the open
character or appearance of the area, taking into account any possible
cumulative effects.
The overriding intention of Areas of Restraint (AoR) is to protect their inherently
open character because of the valuable contribution they make to the character
and structure of the towns. AoR do not have the permanence of the Green Belt
and policy Env2 is not intended to restrict all forms of development within AoR.
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There is a wide range of activity supported by each of them, mainly of an
agricultural or recreational nature. It is reasonable to allow these uses to be
maintained and to take account of their needs. On that basis, various forms of
ancillary development may be appropriate, including limited extension or
alteration to existing buildings, small-scale facilities related to existing outdoor
sport and recreation facilities, extensions to cemeteries and small-scale additions
to existing groups of farm buildings.
The policy does not preclude other forms of development within AoR. Proposals
will be assessed against this policy and other relevant policies of the Local Plan.
All Areas of Restraint are also covered by the Countryside Policy Env3. In
identifying areas that should be designated as AoR, the Council has had regard to
areas that warrant longer-term protection because of their positive contribution
to the character and structure of the towns, and which have clearly identifiable
and defensible boundaries. Their character has been assessed in the 2004
Landscape Character Assessment and Policy review document. These documents
will be used to support this policy and in considering whether a proposal for
development adversely affects the open character and appearance of the
designated area. On this basis, the following areas (as defined on the Proposals
Map) are identified as AoR:
1) Generally between Galley Common and Hartshill;
2) Generally between Nuneaton and Hinckley (south of The Long Shoot, A47);
and
3) Generally between Nuneaton/Weddington and Hartshill (west of Weddington
Lane and north of Judkins Quarry).
The Plan has allocated sufficient land to meet its development needs outlined
within the Structure Plan until 2011. Through a process of monitoring and the
production of an Annual Monitoring Report the Borough will continue to plan,
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monitor and manage its development needs longer-term i.e. beyond the Structure
Plan to 2021 - the period covered by the West Midlands Regional Spatial
Strategy.
3.21 Policy ENV3 of the Local Plan states:
Rural and Urban Countryside Policy
Env3 Planning permission will only be granted for development in the
countryside if it:
a. is necessary to meet the needs of farming, forestry, agriculture, recreation,
tourism and other enterprises with an essential requirement to locate in the
countryside; or
b. represents a land use for which there is a demonstrable need which cannot be
met within the urban area; or
c. relates to the reuse of existing buildings, provided the proposed uses are
generally acceptable in the countryside and in accordance with Env5; or
d. relates to the limited extension or alteration of an existing building.
Development satisfying a, b, c or d above, will only be permitted provided that:
(i) It would not harm the overall character and quality of the countryside.
(ii) The type and amount of traffic generated would not cause harm to the
surroundings.
(iii) It presents a sustainable opportunity for development.
(iv) The design and materials of the development should be of a high standard
in keeping with the scale and character of the locality; and
(v) the loss of the best and most versatile agricultural land is minimised.
Design
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3.22 Policy Env14 requires that the design and materials of all development should be
of a high standard in keeping with the scale and character of the locality. The
accompanying Design and Access Statement demonstrates that the application
proposal complies with the requirements of Policy Env14.
Transport
3.23 For sites which may have an impact on local highways, Policy T3 requires a
supporting Transport Assessment and Green Travel Plan. Both documents are
provided with this application. The Transport Assessment explains that the
independent highway analysis demonstrates that the existing highway network
can sufficiently accommodate the additional traffic generated by the application
proposal.
3.24 Policy T6 states that where material considerations do not indicate
otherwise:…“planning permission will be granted for proposals which provide
new or improved public transport interchanges, and development will not be
permitted which prejudices the future use of the rail network.”
3.25 New and improved pedestrian and cycle routes will increase the accessibility and
permeability of the site and will link up with wider Sustrans cycle routes, which
will deliver a safe and easily accessible cycle route to Nuneaton town centre. This
is in accordance with Policy T6.
3.26 In accordance with Policy T10, the proposed residential development In
accordance with Policy T10, the proposed residential development has regard to
the SPD standards for the Borough.
Planning Obligations
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3.27 Policy H6 seeks appropriate planning obligations to meet any increased demand
for health, education, social/community, public transport services and facilities,
sport and play facilities, public open space, nature conservation mitigation,
compensation and enhancement measures that arises directly from the
development. The draft heads of terms are provided in a separate document.
Emerging Policy
3.28 The Local Development Scheme 2010 indicated that the Core Strategy will be
published in July 2012. However, work on the Core Strategy stopped and work
has now commenced on the Borough Plan.
3.29 The Issues and Options Report considered various approaches to the growth of the
Borough and recognised the target of 10,800 homes to 2026 within the Borough.
At the recent appeal at Weddington, the Council advised that the Borough Plan
will not be adopted until late 2013/early 2014 at the earliest. Given that no draft of
the new Local Plan has been published this timetable now seems optimistic.
National Planning Policy
National Planning Policy Framework (March 2012)
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3.30 The National Planning Policy Framework (The Framework) was published on 27th
March 2012 and is a material consideration in taking planning decisions
(Paragraph 196).
3.31 Paragraphs 11-14 of The Framework deal with the presumption in favour of
sustainable development, which is described as a golden thread at the heart of The
Framework running through both plan making and decision making. Paragraph 14
of The Framework states that at its heart “is a presumption in favour of
sustainable development....” It goes on to state that for decision taking this means
(unless material considerations indicate otherwise):
Approving development proposals that accord with the development plan
without delay
3.32 Paragraph 15 states that all plans should be based upon and reflect the
presumption in favour of sustainable development, with clear policies that will
guide how the presumption will be applied locally.
3.33 With reference to paragraph 6 of The Framework, it is considered that the
development of up to 130 dwellings north of Tunnel Road is sustainable
development taking the policies in paragraphs 18 – 219 of The Framework as a
whole.
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3.34 Paragraph 17 of The Framework sets out core planning principles and the third
bullet point states that planning should:
“proactively drive and support sustainable economic development to
deliver the homes, business and industrial units, infrastructure and
thriving local places that the country need. Every effort should be made
objectively to identify and then meet the housing, business and other
development needs of an area, and respond positively to wider
opportunities for growth. Plans should take account of market signals,
such as land prices and housing affordability, and set out a clear strategy
for allocation sufficient land which is suitable for development in their
area, taking account of the needs of the residential and business
communities;”
3.35 It is considered that the proposals for development at land north of Tunnel Road
positively respond to the above core principle, in terms of the site being a wider
opportunity for growth and responding to a clear need and market signal as
demonstrated throughout the recent and current testing economic conditions.
3.36 Section 6 of The Framework deals with the need to deliver a wide choice of high
quality homes. Paragraph 47 is important in setting out the basis on which
housing supply is to be boosted significantly. In terms of the fourth bullet point of
paragraph 47, the application site will if approved enable A R Cartwright Ltd to
deliver the site within 5 years. Assuming continuance of current market
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conditions it is expected that the market provision of about 98 dwellings could
reasonably be built out within 5 years. Moreover, A R Cartwright Ltd operates a
sister company that is a Registered Social Landlord and thus the applicant is able
to confirm that the affordable provision will also be provided with the 5 years. In
accordance with the Council’s Local Plan Policy H3, 25% of the dwellings will be
affordable having regard to the definition of affordable set out in Annex 2 of The
Framework. Further details of the affordable housing proposals will be
determined through the S106 discussions. It is important to note however that the
scheme has been formulated utilising data from NBBC housing department to
ensure that the scheme meets part of the locally derived needs for Galley
Common.
3.37 As will be explained in the next section NBBC is unable to demonstrate a five
year supply of deliverable housing sites. Accordingly, as stated in paragraph 49 of
The Framework, “relevant policies for the supply of housing should not be
considered up to date”. This is important because as can be seen from the review
above of the NBBC Local Plan policies, the application Area of Restraint and
Countryside Polices effectively function as a control on the release of land for
housing should future land be required and should therefore be considered as
being out of date.
3.38 The Framework reaffirms the need to protect the environment in Sections 9-12.
For the reasons set out in detail in the reports accompanying this application, the
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development of the site with up to 130 dwellings would respect these important
aims of The Framework.
Other Planning Guidance
Affordable Housing SPD (Adopted September 2007)
3.39 The Affordable Housing SPD seeks to assist in the implementation of Local Plan
Policy H3. Its key objective is…“to increase the supply and quality of affordable
housing in the Borough in line with the policy.”
3.40 Paragraph 3.3.3 of the SPD reveals that the Borough has the lowest household
earnings and is the most deprived local authority area in Warwickshire. At April
2006 there were over 4,000 people registered on the Council’s waiting list for
rented accommodation showing a continued increase on previous years. The SPD
reveals that in particular there is a great need for family housing.
3.41 The SPD updates the Local Plan definition of affordable housing to bring it in line
with PPS3. It excludes low cost market housing which it still sees as playing an
important role in the mix of open market housing. Section 6 of the SPD
encourages the delivery of affordable housing through Registered Providers.
Residential Design Guide SPD (Adopted 2004)
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3.42 This SPD sets out guidelines on appropriate design for new developments in
Nuneaton and Bedworth. The design of this outline application has considered the
broad guidance and the detailed advice contained in the SPD will be complied
with at the reserved matters application stage.
Car Parking SPD (Adopted 2003)
3.43 This SPD sets out the car parking standards for new developments within the
Borough. The Borough’s current standards are one space for one and two
bedroom houses/flats; and two spaces for two and three bedroom houses/flats.
:
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4.0 PLANNING ASSESSMENT
The Principle of Development
4.1 In accordance with Section 38(6) of the Planning and Compulsory Purchase Act
the starting point for the consideration of a planning application is the
Development Plan. The application site is located in an area of the Borough
designated as Area of Restraint (ENV2) and Countryside (ENV3). In the case of
the development proposed in this application it is considered that the dominant
policies are Local Plan Policies ENV2 and ENV3 which impose strict controls on
the provision of new development such as housing in such designated areas.
4.2 The application site falls within a designated Area of Restraint and as such the
provisions of Local Plan Policies ENV2 and ENV3 apply. The proposed
development would impact upon the generally open area of the application site
and as such there is tension between the principle of providing new housing in
this location and the provisions of Policies ENV2 and ENV3.
4.3 In these circumstances, and in accordance with Section 38(6), it is necessary to
consider whether or not any material planning considerations exist to justify a
grant of planning permission.
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4.4 The following paragraphs set out the principal material planning considerations
relevant to this application.
Housing Land Supply
4.5 The Framework requires local authorities to provide five years worth of housing
against their housing requirements with an additional buffer of 5% and where
there has been a persistent record of under delivery of housing this should be
increased to a 20% buffer supply of deliverable land for housing. Where they
cannot demonstrate an up to date supply, in accordance with paragraph 71,
planning applications should be considered favourably, having regard to the
policies in the PPS.
4.6 With the changing political climate, and the uncertainties over recent years
regarding regional planning, there remains no clear housing target that is included
in an adopted development plan. This section sets out the range of possible
housing targets for the Borough along with justification for the use of the
Council’s recently adopted interim housing target.
4.7 It concludes that against this, the Council cannot demonstrate an up to date five
year housing land supply.
Housing Targets
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West Midlands RSS
4.8 The RSS for the West Midlands was adopted in 2008 and remains part of the
development plan. However, Policy CF3 only sets out an annual housing target
for Warwickshire, rather than individual districts. By applying the proportions set
out in the Warwickshire Structure Plan, to the county wide RSS target this creates
a total five year requirement of 1,215 dwellings, or 243 dwellings per annum.
4.9 A review of the RSS began in 2008. The Preferred Option of the RSS Phase 2
Review set out a target of 10,800 new dwellings for the Borough between 2006
and 2026 (540 dwellings per annum). An Examination was held between April
and June 2009 and the Panel Report was published in September 2009. The panel
recommended that the target be increased to 11,000 dwellings over the plan
period, or 550 per annum based on the 2006 based household projections.
4.10 The Phase 2 Revision of the strategy requires more than doubling of the rate of
construction of new homes up to 550 per annum when compared to the 2008
Strategy.
4.11 In assessing the validity of these targets the Inspector considering an appeal at
Keresley (APP/W3710/A/11/2153247 15th
September 2011) considered that while
the adopted Regional Strategy remained part of the development plan, that there
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were other important material considerations to take into account. For example
that the Regional Strategy was subject to a review and that higher household
projections were available for the Borough. Thus, the Inspector considered that
the adopted Regional Strategy was not an appropriate target as there are more up
to date circumstances of some significance (paragraph 9). A copy of the appeal
decision is contained in Appendix 1
4.12 However the Inspector also considered that the targets identified in the RSS Phase
2 Review were inappropriate given that more recent household projections have
been published, identifying slightly lower growth projections. Thus, he considered
that these targets were inappropriately high (paragraph 10).
4.13 Given these conclusions and the forthcoming abolition of Regional Strategies
through the Localism Act, these targets have not been used as a basis for the
housing land supply assessment.
2008 Household Projections (November 2010)
4.14 The 2008 household projections were published by the DCLG in November 2010.
They represent the latest household projections. They project an increase of 8,000
households in Nuneaton and Bedworth Borough between 2008 and 2028. In the
absence of any up to date locally identified housing target, the Inspector in the
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Keresley decision recognised the importance of these household projections and
used them as a basis for determining the five year land supply position.
4.15 Taking into account completions between 2008 and 2011 of 778, the remaining
target is 7,222 dwellings. This leaves an annual average of 425 dwellings per
annum over the remaining 17 years, or a target of 2,125 between 2011 and 2016.
Warwickshire County Structure Plan 1996-2011 (Adopted August 2002)
4.16 The Structure Plan period for housing has expired, with the target only running up
until 2011. In addition the housing policy has not been saved and therefore this
target is no longer a relevant consideration.
Nuneaton and Bedworth Local Plan (Adopted June 2006)
4.17 The Local Plan covers the period 1996 to 2011. The housing target contained in
the Local Plan was that of the Structure Plan. As set out above, it is therefore is no
longer a relevant consideration.
Emerging Borough Plan Target
4.18 A new housing target was agreed by NBBC Cabinet on 9 November 2011. This
has been based on recent evidence provided by Oxford Economics, delivering a
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1.5% growth in employment and housing from 2010. The model has been based
on the Council’s economic aspirations for the Borough. The impact on the
housing market has then been assessed. This identified that growth target would
deliver an additional 7,900 dwellings in the Borough between 2010 and 2028.
4.19 The assessment acknowledged that a 1.5% growth would lead to a requirement to
build on greenfield sites but it considered that this was necessary and the impact
could be mitigated. Cabinet resolved to approve the 1.5% level of growth and that
the housing target of 7,900 be used in the calculation of the Borough’s five year
land supply position. Taking into account the existing completions for 2010/11 of
331 dwellings, this leaves an annual requirement of 445 dwellings.
4.20 This approach was recently accepted by an Inspector at an appeal in Weddington,
Nuneaton (APP/W3719/A/11/2160148 20 February 2012). The Inspector
acknowledged that all political groups were represented at the Working Party
considering the growth target and therefore considered it an appropriate basis for
the assessment of the five year supply (paragraphs 9-12). A copy of the appeal
decision is contained in Appendix 2.
4.21 This target of 7,900 has been endorsed by an Inspector – although not tested
through the development plan process. The remaining requirement of 445
dwellings per annum is very close to the latest DCLG household projections,
which indicate a requirement for 425vdwellings per annum.
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4.22 Given that the Inspector in the Keresley decision only used the DCLG household
projections in the absence of a locally identified target, it is considered that the
emerging Borough Plan target is the most appropriate housing target to assess the
five year land supply position against.
Housing Land Supply
4.23 The Council has recently prepared a statement, dated February 2012, which
updates its five year land supply assessment. It concludes that the Council
currently has a 3.24 year land supply. This is set out as follows:
Housing Supply
Housing in the pipeline 892
(i.e. those with outline and full permission,
minus 10% non-implementation discount, minus
118 demolitions at Camp Hill)
SHLAA sites 548
Total supply of housing 1440
Housing Requirement
Housing Requirement 2011-2016 2225
Residual annual requirement 445
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Total shortfall 785
5 year land supply 3.24
4.24 To reach this conclusion the Council has applied a non implementation discount
to sites which are already under construction and have planning permission but
have argued that it is not appropriate to apply it to SHLAA sites. However, this is
inappropriate as the sites with permission, and particularly those under
construction, have greater certainty of coming forward than those without an
application or planning permission.
4.25 A more reasonable approach would be to apply a 10% non implementation
discount to SHLAA sites as well. This would reduce the supply of SHLAA sites
to 493 units, and hence the total supply of housing to 1,385; amending the five
year land supply position (using the Council’s requirement figures) to 3.11 years.
4.26 Clearly as NBBC’s assessment was published in February 2012, it predates the
publication of The Framework (March 2012) and thus does not take in to account
any housing requirement ‘buffer provisions’. The Framework requires (paragraph
47) two matters to be taken into account:
1. 5% buffer – This would increase the 2011-2016 requirement of 2225
to 2336 (+111 dwellings). Applying the same methodology of the
NBBC assessment would result in a supply position of 3.08 years. If a
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10% non-implementation rate is applied to SHLAA sites the supply
position would reduce to 2.96 years.
2. 20% Buffer – NBBC’s latest Annual Monitoring Report for the period
2010 – 2011 demonstrates in Table 24 that since 2006 the level of
annual housing completions in the Borough has ranged from 146 in
2009 -2010 to a high of 331 in 2010 – 2011. There are concerns
therefore about the potential under performance of housing provision.
In such circumstances it is considered that is appropriate to consider
applying the 20% buffer advocated by The Framework. This would
increase the 2011-2016 requirement of 2225 to 2670 (+445 dwellings).
Applying the same methodology of the NBBC assessment would
result in a supply position of 2.71 years. If a 10% non-implementation
rate is applied to SHLAA sites the supply position would reduce to
2.59 years.
4.27 Whichever approach is taken, it is still clear that the Council cannot demonstrate
an up to date five year land supply and so in accordance with paragraph 49 of The
Framework ‘housing applications should be considered in the context of the
presumption in favour of sustainable development. Relevant policies for the
supply of housing should not be considered up to date if the local planning
authority cannot demonstrate a five year supply of deliverable housing sites’. In
this context it is considered that this application for residential development
should be given favourable consideration.
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Prematurity
4.28 In the recent appeal decision at Weddington, the Inspector considered the issue of
prematurity in relation to the emerging Borough Plan. He considered that:
“Bearing in mind that the earliest time estimated for adoption is 2013/14
and the advice given in the Government’s PPS3, I do not accept that such
an argument is sustainable in light of the need for a deliverable 5 year
supply of housing land now. In all of these circumstances, I have
concluded that there is a proper basis for considering additional housing
provision on the appeal site and evidence has shown that there is a
demonstrable need for additional housing” (paragraph 15 – see Appendix
xx).
4.29 The same conclusions apply to this application. Given that it includes
significantly fewer residential units than the Weddington appeal, the shortfall in
dwellings against the five year supply is significantly high, at least 785 units, and
this site is deliverable now.
Other Considerations
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4.30 In terms of the reference in paragraph 49 of The Framework (Relevant policies for
the supply of housing should not be considered up to date if the local planning
authority cannot demonstrate a five year supply of deliverable housing sites), it is
acknowledged that this does not mean that all policies of the development plan
are to be considered to be out of date. Policies that have a purpose that is to
restrict development in the countryside, accord with the core planning principle
of recognising the intrinsic character and beauty of the countryside (Framework
para 17). In this context, policies ENV2 and ENV3 of the NBBC Local Plan
remain of relevance. However, it is considered that the relevance of these policies
is limited to assessing the impact of development on the general principles of the
Area of Restraint and Countryside policies and not in terms of the function of
these policies in controlling housing land supply per se.
4.31 Accordingly, this application is supported by a Landscape and Visual Impact
Assessment and Area of Restraint/Countryside Assessment prepared by Bradley
Design Associates Ltd, which concludes that in the current situation where a
recognised need for residential development exists such that areas of Countryside
and Areas of Restraint are to be considered, the application site is considered to
be able to accommodate a level of development that could contribute positively in
the long term to the shaping of the urban edge of Galley Common.
4.32 Should the site be omitted from the AoR, the design of any development should
take note of existing landscape features on site and identified sensitive boundaries
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with residential development and boundaries with the wider rural context. Siting
of development should also take in to account longer distance views towards the
site and those from the localised setting and network of public footpaths in order
to minimise visual impact.
4.33 The exclusion of the site from the AoR offers an opportunity for the existing
defensible boundaries of the site to the north and west to redefine the edge of the
AoR, safeguarding the inherent openness of the majority of the AoR in the longer
term, and allowing the site, through sensitive and appropriate development, to
contribute positively to the shaping of the urban edge of Galley Common.
4.34 The Framework notes that there are 3 dimensions to sustainable development;
economic, social and environmental (Para.7). Para.56 of the Framework notes that
‘the Government attaches great importance to the design of the built environment.
Good design is a key aspect of sustainable development and indivisible from good
planning, and should contribute positively to making places better for people’. At
para.17 it states, inter alia, that in decision-taking the planning system should
‘always seek to secure high quality design’.
4.35 The suggested form of development as set out in the illustrative Masterplan
12/30/05A is explained in the Design and Access Statement that has been
prepared to take account of the setting of the site within the local area. This
provides the opportunity for the creation of a significantly more attractive ‘edge’
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to the development of the village than that currently formed by the properties
marking the western edge of Galley Common.
4.36 The Design and Access Statement provides a full explanation of the rationale
underpinning the high quality design, which in turn draws upon the extensive
landscape design assessment that has been undertaken.
4.37 It is considered that the location of the application site is sustainable both in
terms of it being on the edge of the existing built up area close to a range of
facilities and in providing alternatives to the motor car as a means of access to the
main urban centre of Nuneaton town centre. It is considered that the approach to
the development of the application site as shown by the design and access
statement and illustrative Masterplan (plan 12/30/05A) represents the basis of
good design and, in the light of the guidance in paras.7 and 56 of the Framework
it is concluded that the proposals constitute sustainable development
Conclusions
4.38 Against the Council’s recently identified housing target, which has been based on
an up to date economic assessment and has been recently endorsed by an
Inspector at appeal, and updated to take account of The Framework, NBBC
cannot demonstrate an up to date five year land supply. This application for
residential development should therefore be given favourable consideration.
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4.39 The requirement to achieve sustainable development is the core objective of the
planning system, which threads through and underpins all other government
guidance. Its importance is reflected by its position as the primary policies in the
adopted and emerging development plan and a golden thread with The
Framework. It is a pre-cursor that any proposal should comprise a sustainable
form of development in all respects. Sustainability covers many issues and
underpins all aspects of planning, but in order to be achieved it is essential to
ensure that development is proposed in locations that can offer the best existing
range of services and facilities for the use of new residents/employees. In the
context of this application it is considered that the site is a sustainable location for
development on the edge of the built up area of Nuneaton.
4.40 Development on the scale of that proposed has the benefit of being able to deliver
a well-planned, comprehensive proposal close to existing employment
opportunities as well as local services and facilities convenient to the new
community, and adjacent existing development. Such development can therefore
reduce the need to travel, make best use of land, incorporate high quality design,
embrace energy efficiency measures whilst protecting and respecting existing
natural assets in accordance with the core planning principles of The Framework.
4.41 It is considered therefore that site can contribute towards the five year supply of
housing as required by paragraph 47 of The Framework.
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4.42 Therefore this planning application should, in principle, be considered positively
and without delay. It achieves a high quality design, a suitable housing mix,
environmental sustainability, uses land effectively and efficiently and is in line
with housing need and demand and in accordance with the core planning
principles of The Framework.
Transportation and Linkages
4.43 A Transport Assessment (TA) prepared by David Tucker Associates, has been
submitted with the planning application and sets out in detail the contextual
analysis undertaken, the mitigation measures proposed and the anticipated impact
of the proposals on the highway network.
4.45 The nearest bus stops are situated on Tunnel Road approximately 70 metres from
the proposed access to the development site. A bus shelter and seating is provided
within a turning circle.
4.46 Bus service 18 is operated by Stagecoach and stops on Tunnel Road providing an
hourly service into Nuneaton to the east and to Ansley and Gun Hill to the west.
There is no Sunday service. The bus timetable and route map is included in
Appendix C of the TA.
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4.47 The nearest train station is located in Nuneaton town centre and is accessible by
the number 18 bus. The journey time to the train station by bus is approximately
45 minutes. Trains from Nuneaton are hourly to London Euston and Stanstead
Airport and half hourly to Birmingham New Street. Local train services to
Coventry, Leicester and Crewe operate hourly.
Walking and Cycling
4.48 The footways within the vicinity of the site are 1.8 metres wide on the southern
side of Tunnel Road and 2.5 metres wide on the northern side. Street lighting is
provided on all roads surrounding the site. A bridleway and public footpath
currently run through the site from Tunnel Road at the existing access. The
bridleway continues north east and the public footpath to the northwest.
4.49 Tunnel Road is an on-road cycle route (Regional Route 11) and is part of the
North Warwickshire Cycleway.
Access Arrangements
4.50 The site is currently accessed via a gated field access to the west of 169 Tunnel
Road. This access is approximately 4.5m wide. It is envisaged that this access
would be retained for emergency vehicle access and for pedestrians and cyclists.
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4.51 The main access for all traffic will be via a new simple priority junction created
on the plot of 147 Tunnel Road. The existing house and garage would be
demolished resulting in a corridor approximately 9.0m wide. The access design is
shown in Plan no 14075-02A included within the TA. The access proposals form
part of the application.
4.52 The proposed access would be 4.8m wide. A 1.8m wide footway on the eastern
side corresponds with the main pedestrian desire line. A grass verge on the
western side provides visibility for pedestrians crossing the bellmouth. At the
junction with Tunnel Road 4.5m kerb radii will be provided. The access is located
in an existing 30mph speed limit. The access road has been designed in line with
Manual for Streets and complies with current highway design standards.
4.53 The traffic generation associated with the proposed development has been
estimated using the TRICS database. The traffic distribution on Tunnel Road has
been assumed using Census 2001 journey to work data. The site access junction
has been tested for capacity during peak periods. An assessment of personal injury
accidents within the vicinity of the site has not identified any major road safety
issues.
4.54 In conclusion, the proposals will not result in any material impact on the adjacent
highway network and it is considered that there are no highway or transport
reasons to refuse planning permission.
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Landscape and Visual Impact
4.55 The accompanying Landscape and Visual Impact Assessment sets out in some
detail an analysis of the character of the surrounding countryside and the potential
impact the proposal may have up on this character.
4.56 With regard to residual effects on landscape features, the agricultural land use of
the site will be replaced by a residential land use, and the remains of ridge and
furrow will be lost as a result of the development. A proportion of landscape
features will be retained on site and will contribute to the future redefinition of the
character area. All the effects are long term. Residual effects on landscape
features are considered to range from no effect to substantial. The highest adverse
impact of substantial adverse relates to the irreversible loss of ridge and furrow
on site. Whilst this feature is not connected to any statutory or nonstatutory
designation, it is not a frequent feature in the surrounding landscape and as such
has local value. The landscape pattern is also partially lost, although the
development aims to integrate the layout into the existing pattern as much as
possible. A high proportion of hedgerows and trees will be retained and together
with additional planting will result in a net gain of vegetation, a slight beneficial
effect.
4.57 The Local Landscape Character Area most affected by the proposals will
naturally be the one containing the site, which is ‘Enclosed Commons Small
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Scale’. The residual effect on this character area is considered to be moderate
adverse. The change in land use effectively means the loss of the character area
and the subsequent enlargement of the ‘Galley Common Settlement’ character
area, changing the character of Galley Common indirectly though the introduction
of additional built form to neighbouring land. The residual effect for the ‘Galley
Common Settlement’ character area is considered to be moderate neutral.
4.58 The character of the immediate site will change from one of countryside edge to
settlement edge, and the loss of ridge and furrow on the immediate site is
irreversible However the landscape layout retains landscape features where
possible and will introduce new green elements, which will contribute to the
integration of the proposed development in the long term and will ensure the
retention in part of the compartmentalisation of the site. It is considered this
results in a moderate neutral residual effect.
4.59 With regard to residual effects on the wider landscape character, it is considered
that these represent a neutral or no residual effect. Whilst the character of the
immediate site will change, its relationship in terms of boundaries and wider
visual context will remain unchanged for the most part. At distance the new
development will be seen as a continuation of the existing settlement at Galley
Common, and the site’s low lying location surrounded by rising topography helps
to assimilate it in to the wider rural context. More open elements and features
characterising the Arable Farmlands will remain unaltered by the development as
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will small to medium scale pasture within the Enclosed Commons Medium Scale.
The boundaries of the site with adjoining character areas will remain as integrated
features of the proposed development.
4.60 With regards to the proposed development and impact on the landscape and site
and setting; the change of land use, partial loss of field pattern, permanent loss of
ridge and furrow and resulting change of landscape character is partly offset by a
sensitive design and a net increase of vegetation on site. It is considered that the
inherent openness of the wider landscape will not be affected by the proposals.
VISUAL AMENITY
4.61 The low lying location of the site surrounded by rising topography, combines with
existing vegetation and existing elements of built form to result in a visually well
contained site. The existing trees along the stream to the northern boundary will
strongly filter or screen views from the north. Over time this will be reinforced by
maturing vegetation along this edge. Similarly the dwellings on Tunnel Road have
a screening effect for views from the south and east. Proposed buffer planting on
the western boundary will strongly filter more open views from that direction.
Maturing vegetation within the site will over time improve the visual amenity of
the development, both for views within as well as into the site.
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4.62 Notwithstanding the existing and proposed vegetation, the proposals will affect
how the settlement edge of Galley Common will be seen. Within views from the
west and south, the approach to Galley Common from Tunnel Road and within
views from individual receptors will change, with a greater proportion of the
including elements of built form. This will be seen to a degree within the context
of the existing settlement of Galley Common, and could contribute positively to
how the settlement is viewed on approach with a stronger gateway to the village
being created. Within localised views from the north and north east, the settlement
edge will extend, but the low lying nature of the site will contribute to
development being perceived as a continuation of the existing settlement. Within
longer distance views from the wider setting, new development will be for the
most part indistinguishable from the existing settlement.
4.63 Residual effects on visual receptors range from slight / no effect to substantial.
The residual effect for dwellings 93–169 Tunnel Road (odd numbers only) and
the stretch of Centenary Way Long distance footpath passing through the site has
been considered to be substantial adverse. The effect on both is long-term. The
residual effect on some public rights of way and residential properties on elevated
positions to the north has been considered to be substantial adverse during
construction and completion and moderate (after 15 years). The reduction in
impact is due to maturing vegetation within the site and on its northern boundary.
Other receptors to the north-west and east received ‘moderate / slight’ to ‘no’
residual effect ratings.
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4.64 Generally the site is visually well contained with existing boundary planting
forming a definitive visual edge to the site. Visual impact is most noticeable
within localised views, with the introduction of new elements of built form and
the removal of some sections of hedgerow and internal vegetation visible within
short distance views. These are less discernable as distance from the site
increases. The introduction of new built form changes the approach to Galley
Common, but with appropriate design could be seen to contribute positively to the
gateway to the village.
Ecology and Biodiversity
4.65 As part of the site investigation work, an extended Phase 1 Habitat Survey was
undertaken by Curios Ecologists Ltd, along with a breeding bird survey and tree
and building inspections for bats.
4.66 The findings of this survey conclude that the habitats on site, including buildings,
fences, hardstanding, possible improved grassland (over grazed and badly
poached) would be classed as of limited wildlife interest (England Field Unit
2007). The areas, which are of wildlife value, are the hedges and the trees. All of
these features, which are of wildlife value, could be retained or mitigated against.
Of particular conservation value is the stream, riparian zone and bank vegetation
on the northern boundary, The riparian zone (usually considered to be about 6m to
the side of the stream), is particularly important and should be conserved and
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protected from any form of pollution, particularly run-off from the building works
including any spillage of fuel, oils, any chemicals or building materials.;
particularly as it runs into the Galley Common Local Nature Reserve, which has
so many protected species records.
4.67 There was bird activity while the survey was carried out, most of the species
noted being common species, although the starling, song thrush and house
sparrow are recognized as species in breeding population decline; they are
currently on the ‘red list’ of species of conservation concern. There were old and
active nests in some of the trees/shrubs, plus there was evidence of nests found in
many of the outbuildings.
4.68 No evidence of great crested newts was found during terrestrial searches and there
were no suitable ponds on site, or within 500m of the site, as far as could be
ascertained.
4.69 There was no evidence of bats found on site, however there were mature trees,
which had cavities that could be used as roost sites for bats (detailed in results
section). The outbuildings had low potential to provide roost sites for bats, but
could not be inspected in full. The site would have a high potential to be a
foraging/feeding area for bats, with the numbers of native trees and scrub areas,
plus the stream on the northern boundary providing ideal feeding sites. The house,
147 Tunnel Road was inspected in detail, but no evidence of bats was found.
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However, there were gaps under tiles on the roof, plus other features that would
allow bats to access the building, the roof was south facing and the surrounding
habitat was excellent for foraging bats. None of the outbuildings appeared suitable
for bat roosts; however they would be suitable for nesting birds
4.70 There was no evidence of badgers found on site, plus there was no evidence of
setts on site.
4.71 There was no evidence of any other protected species found on the site while
carrying out the survey, but there were appropriate habitats within or near the site
boundaries.
4.72 The trees on the site provided good habitats, many being native species, which
increases their ecological value. Many of the large trees had cavities or other
features, which could provide roost sites for bats, also all of the trees have nesting
potential for birds. All of the large trees could be retained.
4.73 None of the hedges were of the standard whereby they would be protected under
the Hedgerow Regulations (1997) or meet Local Wildlife Site criteria. However
hedgerows are generally used as wildlife corridors, particularly by bats,
amphibians and birds, and provide important nesting sites for birds. The hedges
on the site boundaries should be retained within the proposed development.
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Drainage
4.74 A flood risk assessment has been carried out by Mewies Engineering Consultants
and a drainage strategy has been prepared as outlined in the Design and Access
Statement that aims to maximise the amount of surface water that is to be drained
locally through provision of Sustainable Urban Drainage Systems (SUDS)
integrated within areas of open space.
4.75 New attenuation ponds within a linear open space will be fed by existing ditches
and new drainage systems associated with the retained hedgerow network running
north south and along the northern boundary. These drainage features will be
designed/ enhanced to be attractive and ecologically valuable.
Archaeology
4.76 An archaeological evaluation has been undertaken by Leicester University
Archaeology Services which concludes that the site consists of several parcels of
enclosed land and is currently used as pasture. There are a number of brick and
temporary structures on part of the site and a small yard. The land is currently
sub-divided into paddocks for grazing horses. A public footpath crosses the land
from south to north. Evidence points to the land having been used for arable
farming in the past.
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4.77 The Historic Environment Record for Warwickshire indicates that there is a
known findspot within the assessment area itself. This is an Iron Age copper alloy
terret found in 1987.
4.78 The site lies within an area, which was originally part of the Manor of
Stockingford and may be less than 1km from a deserted medieval settlement.
Extant ridge and furrow earthworks are located across the site. The assessment
area also lies close to the site of Haunchwood Colliery and other industrial sites.
4.79 There is moderate potential for prehistoric archaeology, low potential for Roman
archaeology and low to moderate potential for medieval and post-medieval
archaeology to be discovered during any proposed development on the site. The
preservation of archaeological remains, if present, may be very good.
4.80 The ridge and furrow earthworks on the site may warrant surveying before any
development takes place.
Geo-Environmental
4.81 A geo-environmental report has been prepared by Listers Geotechnical
Consultants. It has not identified any significant potential contamination sources.
Activites related to the historical brickworks and colliery to the south of Tunnel
Road do not appear to have involved or impacted upon the site itself. Gaseous
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contamination does not affect the site. There are no visible pathways from the
coal seams at great depth, nor from the potential borrow pits that may have been
back filled in the past.
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5.0 CONCLUSIONS
5.1 The proposed development comprises a modest, sustainable, residential urban
extension, assisting in meeting the NBBC’s identified housing requirement for
market and affordable housing in the short term.
5.2 The proposed scheme will provide a mix and range of housing as well as an
appropriate level of affordable units, including bungalows. This is a factor which
weighs in favour of the proposal as it will provide affordable dwellings, for which
there is an acknowledged and locally identified need, and the fact that applicant
has the ability to ensure the early development of this site.
5.3 As demonstrated in the accompanying reports the proposed development will
have a minimal impact (following appropriate mitigation) upon the highway
network. The access to existing bus routes, footpaths and cycleways that connect
to the wider existing network will create a truly sustainable development that can
provide access to a range of services, facilities and employment opportunities.
5.4 The proposed development represents a sustainable and deliverable option having
a minimal adverse impact upon the surrounding area. Subject to appropriate
conditions and a S106 Agreement the application should be approved.
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