COMMITTEE REPORT

Application Ref.
/ 15/00976/OUT
Applicants
/ CEG Land Promotions Limited, The Bird Group of Companies Limited, Richard Peter Mann, Frank Richard David Webster White, Richard David White, Isaac Fletcher Watson, Mr and Mrs D F Burn.
Reason for Referral to Committee
/
  • Parish Council/Parish Meeting objections (Lighthorne, Lighthorne Heath, Gaydon and Chesterton & Kingston)
  • Ward Members objections (Councillors Harris, Mills and Kettle)
  • Scale of development

Case Officer / Carol Stephens& Tony Horton
Presenting Officer / Tony Horton
Site Address / Land at Gaydon/Lighthorne Heath
Description of Development / Outline application (with all matters reserved except for principal means of access to the highway) for construction of :-
  • a residential development (up to 2000 houses, including extra care housing),
  • village centre (including primary school, community hub, health centre, retail and other services (Use Classes A1, A2, A3, A4, A5, B1, D1 and D2)),
  • managed ecological reserve,
  • public open space,
  • recreation areas (including sports pavilion),
  • play areas,
  • acoustic bunding along the M40 edge,
  • associated infrastructure including roads, primary substation, sewers and attenuation ponds,
  • demolition of various buildings and structures,
  • varying density of development in different character areas, ranging from 25 to 50 dwellings per hectare.

Summary of Recommendation / GRANTSUBJECT TO S106 AGREEMENT AND CONDITIONS
Description of Site Constraints /
  • Site located some 12km south of Warwick and Leamington Spa, 15km north of Banbury, near to Junction 12 on the M40.
  • Adjacent to Lighthorne Conservation Area
  • 16 Grade II Listed Buildings within 1 km of the site
  • Chesterton Windmill a Grade I listed building and ScheduledMonumentis within 2.6km of the site
  • ComptonVerneyRegisteredPark and Garden 3.7km to the southwest of the site
  • Cotswolds Area of Outstanding Natural Beauty lies some 8km to the south of the site.
  • Existing Tree Preservation Order TPO/024/001 (WCC 1/1959) and new Tree Preservation Order TPO/024/001(SDC/693) to be confirmed with modifications.
  • 6 Public rights of way cross the application site, mainly in an east – west direction
  • Ancient woodland (Gaydon Coppice within the site, and Chesterton Wood and Itchington Holt in close proximity)
  • Lighthorne Quarry and Gaydon Coppice are non-statutory Local Wildlife Sites.
  • Site comprises two main parcels of land. The eastern parcel lies to the east of the B4100, and extends across to the M40. It comprises primarily pasture or arable land and includes Kingston Grange Farm and associated buildings. Agricultural land (the site of 1000 proposed dwellings on IMP land – planning application ref. 15/04200/OUT) lies to the north, and Gaydon Coppice and fishing ponds form the southern boundary, beyond which is the proposed JLR employment site (approx. 100ha). Levels are in the region of 125m AOD at the centre of the parcel, falling to some 120m AOD to the south and 115m AOD to the north.
  • The western parcel lies to the west of the B4100, to the north and west of the village of Lighthorne Heath, and extends up to the edge of the village of Lighthorne, to the west. It primarily comprises a former quarry (now a local wildlife site), with smaller areas of agricultural land to the south and east (including 4.5ha for the expansion of Aston Martin Lagonda). Levels are varied, but a maximum range from 125m AOD adjacent to Lighthorne Heath, to 105m AOD within the quarry.

Development Plan

Paragraph 215 of the National Planning Policy Framework (NPPF) advises that “due weight should be given to relevant policies in existing plans according to their degree of consistency with this framework”. The development plan is currently the Stratford-on-Avon Local Plan Review 2006-2011 as saved by a Direction made by the Secretary of State pursuant to Paragraph 1 (3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004. This Plan is however programmed to be replaced by the emerging Core Strategy and the weight to be given to policies should therefore reflect the weight being given to counterpart policies of the Core Strategy that are expected to replace them. The level of consistency of Saved Policies with the NPPF is another factor governing the weight to be given to these policies.

Relevant Saved Policies in the Development Plan for this application, (with commentary on their consistency with the Framework and the weight to be given to them) are considered to be:

  • PR.1 – Landscape and Settlement Character, EF.13 – Conservation Areas, EF.14 – Listed Buildings, DEV.1 – Layout and Design, , DEV.4 - Access, DEV.10 – Crime Prevention, IMP.1– Supporting Information - consistent with Framework. Full weight should currently be given to these policies in decision making as they are considered to be consistent with the NPPF.
  • STR.1 Settlement Hierarchy, PR.6 – Renewable Energy, PR.7 – Flood defence, PR.8 – Pollution Control, DEV.2 - Landscaping, DEV.3 – Amenity Open Space, DEV.6 - Services, DEV.7 - Drainage, DEV.8 - Energy Conservation, EF.1 – Cotswolds AONB, EF.4 – Historic Landscapes, EF.5 – Parks and Gardens of Historic Interest, EF.6 & EF.7 – Nature Conservation and Geology, EF.9 & 10 – Trees, woodland and hedgerows, EF.11 & EF.11A – Archaeological sites, , COM.3 - Local Shops and Services, COM.4 - Open Space, COM.5 – Open Space, COM.7 – Bus service support, COM.9 – Walking and Cycling, COM.13 – Affordable housing, COM.14 – Mix of dwelling types, COM.15 – Accessible Housing, COM.17 - Rural Employment, COM.19 – Retail development, CTY.1 – Control over Development (in respect of preservation of intrinsic quality of countryside), CTY.2 – re-use of rural buildings, CTY.10 – Rural recreation, IMP.4 – Infrastructure Provision, IMP.5 – Infrastructure Provision, IMP.6 – Transport Assessments, IMP.7 – Green Transport Plans. There is some consistency but Framework is less restrictive. Limited weight should be given to these policies in decision making
  • STR.2, STR.2A, STR.2B – New Housing provision, STR.4 – Previously developed land, DEV.5 – Car Parking, DEV.9 - Access for people with disabilities, CTY.1 – Control over Development (in respect of housing land supply), COM.1 – Local Choice, IMP.2 & IMP.3 Supplementary Planning Guidance. These policies are inconsistent with Framework / out-of-date. Very limited weight should be given to these in decision making.

Other Material Considerations

Central Government Guidance

•NPPF National Planning Policy Framework 2012

•Planning Policy Guidance 2014

•Circular 06/05: Biodiversity and Geological Conservation English Heritage

Supplementary Planning Documents & Guidance

  • Warwickshire Landscape Guidelines 1993

•Stratford on Avon District Design Guide 2001

  • Planning and Community Safety - Design and Crime Reduction 2006: Planning Advice Note
  • Lighthorne Heath Parish Plan 2005
  • Lighthorne Parish Plan 2014
  • Gaydon Parish Plan 2013

Other Documents

•PPG17 Open Space, Sport and Recreation Assessment and Playing Pitch Strategy (Arup, April 2011 and 2014 update)

•Green Infrastructure Study for Stratford on Avon District Council (2011)

  • Cotswold AONB Management Plan 2013-2018 (2013)
  • Coventry Warwickshire Joint Strategic Housing Market Assessment 2013
  • 2012 – based Sub National Population Projections and Economic Forecasts: Implications for the Housing Need in Coventry and Warwickshire (September 2014)
  • Updated Assessment of Housing Need: Coventry and Warwickshire HMA (September 2015)
  • Review of Objectively Assessed Housing Need in Stratford-on-Avon District (July 2015)
  • Housing Implementation Strategy - update (October 2015)
  • Stratford on AvonEmploymentLand Assessment 2011
  • Sustainability Appraisal of Potential Strategic Allocations (Lepus - June 2013)
  • Sustainability Appraisal of the Stratford on Avon Alternative Strategic Options 2014
  • Sustainability Appraisal of the Proposed Submission Core Strategy (April 2014)
  • Sustainability Appraisal Addendum (September 2014)
  • Sustainability Appraisal Post Inspector’s Interim Conclusions (July 2015)
  • Sustainability Appraisal: Proposed Modifications (August 2015)
  • Stratford-on-Avon Strategic Transport Assessment – Options Analysis Report (WCC) (7April 2014)
  • Warwickshire County Council Strategic Transport Assessment – Cumulative Assessment (7April 2014)
  • Assessment of Potential New Settlements and Sustainable Urban Extensions (PBA June 2013)
  • Viability and Deliverability of Strategic Sites (PBA April 2014)
  • Focused Consultation 2011-2031- Housing Requirement and Strategic Site Options
  • Corporate Strategy 2015 - 2019
  • Stratford on Avon Housing Strategy 2015 - 2020
  • Stratford –on-Avon Business and Enterprise Strategy 2012-2015
  • Stratford District Partnership 2026 Vision – Sustainable Community Strategy
  • Active Communities Strategy 2013-2018
  • Guidelines for Landscape and Visual Impact Assessment (GLVIA3)
  • National Character Areas 17.07.2012
  • Guidance on Transport Assessment published jointly by Department for Transport and Department for Communities and Local Government in 2007
  • Gaydon/Lighthorne Heath Application 15/00967/OUT Open Space Policy Advice by ARUP (Revised Issue 12 August 2015)
  • Land at Gaydon/ Lighthorne Heath Sustainability Appraisal incorporating Strategic Environmental Assessment (January 2016)
  • Historic England – GPA2 – Managing Significance in Decision-Taking in the Historic Environment
  • Historic England – GPA3 – The Setting of Heritage Assets

Draft Core Strategy: as submitted September 2014 and proposed to be modified by the Schedule of Main Modifications (March 2016)

This document was submitted to the Secretary of State on 29 September 2014, with initial examinations hearings taking place in January 2015. The Inspector’s interim report was published on 19 March 2015 and recommended further work in respect of housing need, amongst other elements. This work has now been undertaken and the further hearings took place during January 2016.On 31st March 2016, the Council published a schedule of Main Modifications to the Submission Core Strategy 2014. The Schedule of Main Modifications has been prepared by the Council taking account of the Inspector's preliminary indications as to the main modifications that he considers are required in order to make the plan legal, sound and capable of adoption. As a result of this, it is the view of officers that greater weight can now be given to some of the policies of the emerging Core Strategy.

Paragraph 216 of the NPPF allows for weight to be given to relevant policies in emerging plans, unless other material considerations indicate otherwise, and only subject to the stage of preparation of the plan, the extent of unresolved objections and the degree of consistency of the relevant emerging policies to the NPPF policies.

I therefore consider that the requirements of the following Policies are recognised as material planning considerations and given significant weight in the determination of the planning application:-

CS.1 – Sustainable Development;

CS.2 – Climate Change and Sustainable Construction

CS.3 – Sustainable Energy

CS.4 – Water Environment and Flood Risk

CS.5 – Landscape

CS.6 - Natural Environment

CS.7 - Green Infrastructure

CS.8 - Historic Environment

CS.9 - Design and Distinctiveness

CS.21 – Economic Development

CS.22 – Retail Development and Main Centres

CS.23 – Tourism and Leisure Development

CS.24 – Healthy Communities

CS.25 – Transport & Communication

CS.26 – Developer Contributions

The Policies which have moderate weight are considered to be:-

CS.15 – Distribution of Development

CS.17 – Affordable Housing

CS.18 – Housing Mix and Type

AS.10 – Countryside and villages

Proposal GLH– Gaydon / Lighthorne Heath

The other key relevant policy which has limited weight is:-

CS.16 – Housing Development

Draft Supplementary Planning Document – Land at Gaydon/Lighthorne Heath

Proposal GLH in the Draft Core Strategy requires the production of a Framework Masterplan Supplementary Planning Document (SPD) to guide developers and the local planning authority in respect of environmental, social, design and economic objectives relating to the creation of a new community on land at Gaydon/Lighthorne Heath (GLH). The SPD should set out broad principles to show how the policy requirements of Proposal GLH and the other policy requirements in the Core Strategy should be delivered on the site.

In tandem with the preparation of the Core Strategy a draft SPD has been facilitated by the District Council with input from the existing local communities and the promoters/developers of the new community, JLR and Aston Martin Lagonda (AML). The SPD has been submitted to Cabinet on 3 November 2014, 15 December 2014, and 30 November 2015, following various forms of consultation and engagement with the local community, elected representatives and consultees. The formal Regulation 13 consultation on the draft document ran from 14 January 2016, expiring on 26 February 2016. The SPD was reported to Cabinet on 9 May 2016 whereat it was resolved to endorse the schedule of recommended updates and, subject to the Inspector’s Final report confirming that Proposal GLH will form part of a sound Core Strategy, to present the amended SPD to a future meeting of the Council for adoption.
Although the SPD carries limited weight until it has been formally adopted by the District Council (anticipated as being in tandem with the adoption of the Core Strategy), officers are satisfied that it fully addresses the requirements of Proposal GLH and the emerging policies in the Core Strategy. The current application has been designed and laid out to reflect the principles set out in the draft SPD in terms of movement and access, creating character areas, landscaping and open space, drainage, community infrastructure and housing provision, along with other key matters.
The 2012 Strategic Housing Land Availability Assessment (SHLAA) Review

Two parcels of land within the local wildlife site off the B4100 were put forward as potential housing sites within the SHLAA Review. Between them the parcels largely cover the part of the application site lying on the western side of the B4100.This western land is predominantly proposed as open space with the exception of some land on the northern edge of the existing village. Both parcels were rejected for housing as they were identified in the Landscape Sensitivity Study as being within an area of medium/high landscape sensitivity and not suitable for residential development, and also due to their location within a wildlife site. The remainder of the application site on the eastern side of the B4100 was not part of the SHLAA Review.

The SHLAA has only looked at suitability for housing, using obvious site constraints (“potential show-stoppers”). The SHLAA 2012 does not assess the appropriateness of sites against the emerging Core Strategy. In officers’ opinion the conclusions reached by the SHLAA should be given limited weight and the appropriateness of the site should be assessed against relevant development plan policies and all relevant material considerations.

Landscape Sensitivity Study (2012)

This document forms part of the evidence base underpinning the preparation of the Core Strategy. Part B of the document covers land parcels/sensitivity assessments for the main towns and villages.

Sections of the application site lie within four land cover parcels, although the full extent of the site is not covered by the study. This will be referred to in more detail in the Key Issues section of the report, but in summary:-

  • Zone L01 to the east of the B4100, has a medium sensitivity to housing and commercial development.
  • Zone L03 to the west of Lighthorne Heath has a high / medium sensitivity to housing and a high sensitivity to commercial development.
  • Zone L04 to the immediate north of Lighthorne Heath, has a high / medium sensitivity to housing and a high sensitivity to commercial development.
  • Zone L05 within the former quarry site has a high / medium sensitivity to housing and a high sensitivity to commercial development.

Historic Environment Assessment (2012)

This document forms part of the evidence base underpinning the preparation of the Core Strategy. The application site is partially covered by the study area of Lighthorne Heath, and is identified as being of low archaeological sensitivity. The eastern fringes of the application site are not however included within the study area.

Ecological & Geological Study (2012)

This document forms part of the evidence base underpinning the preparation of the Core Strategy. The application site is partly included within the study area of Lighthorne Heath although the eastern fringes of the application site are not covered. The Study identifies Gaydon Coppice (5ha) and the majority of Lighthorne Quarry (55.8ha) as Local Wildlife Sites, Kingston Grange Pools (2.6 ha) as a Potential Wildlife Sites. The study states that part of Lighthorne Quarry (5.2 ha) is a rejected site, although the accompanying map appears to erroneously plot this ‘rejected’ area away from the actual quarry site, and instead near to Kingston Grange Farm.

The Study identifies a high distinctiveness for the area, particularly the former quarry (White Lias limestone) and grassland to the east of the B4100 opposite the village. A number of protected species and rare plants have been recorded in the study area.

Water Cycle Studies 2010, 2012 2015

Existing Waste Water Treatment Works serving Lighthorne Heath are identified as virtually being at their limit of capacity with current housing levels and solutions are required to accommodate growth. Detailed assessments have shown that improvements for all treatment works are possible within the limits of conventional applied technology but that annual completions may have to be limited until solutions are in place.

The Study identifies that Lighthorne Heath is within Flood Zone 1 (lowest level of fluvial flood risk) and that only isolated areas of historic surface water flooding are identified.

Parish Plans/Neighbourhood Plans/Housing Needs Surveys

Lighthorne Parish Plan 2014 and Housing Needs Survey 2014

Lighthorne Heath Parish Plan 2005 and Housing Needs Survey (date unknown)

Gaydon Parish Plan 2013 and Housing Needs Survey 2006 (and HNS under consideration)

Chesterton and Kingston - No Parish Plan or HNS.

There are currently no adopted or draft Neighbourhood Development Plans covering the site.

Other Legislation

  • Human Rights Act 1998
  • Town & Country Planning (Listed Buildings & Conservation Areas) Act 1990
  • Town and Country Planning Act 1990 (as amended)
  • Environmental Protection Act 1990
  • Historic Buildings and Ancient Monuments Act 1953
  • National Heritage Act 1983 (as amended)
  • Community and Infrastructure Levy (CIL) Legislation
  • Localism Act 2011
  • Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (as amended)
  • Natural Environment and Rural Communities (NERC) Act 2006
  • The Conservation of Habitats and Species Regulations 2010
  • Wildlife and Countryside Act 1981
  • EC Birds Directive (Directive 79/409/EEC), as translated into UK Law by The Habitat and Species Regulations 2010
  • EC Habitats Directive (Directive 92/43/EEC) translated into UK Law by The Conservation of Habitat and Species Regulations 2010 (as amended)
  • Protection of Badgers Act 1992
  • Hedgerow Regulations 1997
  • Equality Act 2010
  • The Town and Country Planning (Consultation) (England) Direction 2009

Summary of Relevant Planning History