PLANNING STATEMENT TO ACCOMPANY AN APPLICATION DWELLINGS, NEW

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

Tunnel Road, Galley Common Town Planning Consultants

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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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PLANNING STATEMENT TO ACCOMPANY AN APPLICATION DWELLINGS, NEW

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Transcript of PLANNING STATEMENT TO ACCOMPANY AN APPLICATION DWELLINGS, NEW