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1 Kirklees Local Plan Representations in Support of site at Windy Bank Lane, Hightown (H596) (Part 2 of 2) KeyLand Developments Ltd February /JG/AJk Nathaniel Lichfield & Partners 3rd Floor 15 St Paul's Street Leeds LS1 2JG nlpplanning.com

2 This document is formatted for double sided printing. Nathaniel Lichfield & Partners Ltd Trading as Nathaniel Lichfield & Partners. All Rights Reserved. Registered Office: 14 Regent's Wharf All Saints Street London N1 9RL All plans within this document produced by NLP are based upon Ordnance Survey mapping with the permission of Her Majesty s Stationery Office. Crown Copyright reserved. Licence number AL50684A

3 Kirklees Local Plan : Representations in Support of site at Windy Bank Lane, Contents 1.0 Introduction Location and Description 2 Development Vision Critique of Kirklees Council Technical Assessments 4 Rejected Sites Report... 4 Green Belt Review Other Technical Considerations Conclusions 11

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5 Kirklees Local Plan : Representations in Support of site at Windy Bank Lane, Appendices Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Vision Document (prepared by NLP) Landscape and Visual Assessment (prepared by Enzygo) Preliminary Highways Assessment (prepared by Sandersons) Heritage Impact Assessment (prepared by NLP) Ecological Assessment (prepared by Brooks Ecological)

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7 Kirklees Local Plan : Representations in Support of site at Windy Bank Lane, 1.0 Introduction 1.1 On behalf of KeyLand Developments Limited ( KeyLand ), Nathaniel Lichfield & Partners ( NLP ) is pleased to submit representations to the consultation on the draft Kirklees Local Plan. 1.2 The representations are separated into two parts. Part 2 (this document) promotes land at Windy Bank Lane, Hightown as an allocation for residential development in the Kirklees Local Plan Allocations and Designations document. Part 1 of NLP s representations on behalf of KeyLand demonstrates that the Council has not allocated sufficient land to ensure that its full objectively assessed need for housing will be delivered in the plan period ( ). In sufficient land has been identified for the following reasons: No lapse rate has been applied to extant permissions; An over-reliance is placed on windfall sites; An inconsistent approach has been adopted with regards to calculating the net developable area of proposed housing allocations; and The lead-in times and build-rates applied to the housing allocations are unrealistic. 1.3 The Windy Bank Lane site has been considered by the Council through the emerging Local Plan process and its review of Green Belt boundaries, although to date has not been proposed to be allocated. In the context of the need to allocate additional sites, these representations provide a detailed critique of the Council s assumptions in coming to this conclusion. The representations then discuss the merits of allocating the Windy Bank Lane site for residential development, supported by technical feasibility and assessment studies undertaken on behalf of KeyLand, and a Vision Document, which illustrates how the site could provide up to 140 new homes, alongside areas of public open space. 1.4 The representations are supported by the following technical appendices: Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Vision Document (prepared by NLP) Landscape and Visual Assessment (prepared by Enzygo) Preliminary Highways Assessment (prepared by Sandersons) Heritage Impact Assessment (prepared by NLP) Ecological Assessment (prepared by Brooks Ecological)

8 : 2.0 Location and Description 2.1 The site comprises three agricultural fields at the south-western edge of Hightown and covers an area of approximately 5.14 hectares. It is located 700m south-west of Halifax Road where a number of essential local services can be found, and is identified in the Draft Local Plan with the reference H The site is bounded to the: North-east by Thornbush Farm, which comprises a Grade II listed farmstead (now partly derelict, with one wing mostly demolished) and a number of more modern agricultural buildings and one dwelling. A relatively small area of agricultural land then separates Thornbush Farm from the residential estate further to the north. East by a timber yard, beyond which lies a number of residential dwellings and a small business centre. South and west by Hare Park Lane and Windy Bank Lane, beyond which lies agricultural land. A small number of dwellings surround St Peter s Church, some 200m to the south of the site. North-west by a former school site; the buildings have now been cleared and the land is proposed to be allocated for residential development (Local Plan ref: H198). Beyond the former school site is a post-war housing estate as well as a number of more recent properties. 2.3 Key services within Hightown can be accessed from the site on foot, such as High Bank Junior School, newsagents and convenience stores, play areas and employment sites. Both Cleckheaton and Heckmondwike town centres are within an acceptable cycling distance of the site. 2.4 Cleckheaton, approximately 2km north-east of the site, and Heckmondwike, approximately 3.5km east of the site, both contain a wide range of shops, financial services and entertainment and leisure facilities. 2.5 There is an extensive public transport network in the local area, with the closest bus stops being located on Windy Bank Lane some 60m from the southern boundary of the site. From this bus stop, services to Heckmondwike town centre operate at an average frequency of five buses per hour, and to Cleckheaton town centre at an average frequency of three buses per hour. Further detail on the sustainability of the site is contained in the Vision Document at Appendix Whilst the site is presently identified as Green Belt, as these representations demonstrate, the site could be developed for housing without prejudicing the strategic purpose or function of the Green Belt in this location. Importantly, land immediately to the north of the site is proposed to be removed from the Green Belt and allocated for housing.

9 Kirklees Local Plan : Representations in Support of site at Windy Bank Lane, Development Vision 2.7 NLP, in cooperation with a wider technical team, has produced a Vision Document for the site, to illustrate how it could deliver an attractive and sustainable residential scheme. This is included at Appendix The Vision Document includes a masterplan for the site, showing how it could be laid out to deliver 140 new homes and areas of public open space, complementing the surrounding area and forming a natural rounding off of the settlement. The vision for the site is based on a key principle of delivering an attractive housing development which utilises its existing natural assets, capable of providing a new enduring Green Belt boundary in this part of Hightown. 2.9 The site is proposed to be developed with two distinct character areas, separated by the natural landscaping buffer created by the Clough Beck, which runs through the centre of the site. To the north of the Clough Beck, the masterplan envisages a modern suburban housing mix laid out at a medium to high density, whilst to the south of the site a moorland hamlet character area could be created. These character areas respond to the local urban fringe context and will help create a sense of place within the new development Importantly, the masterplan demonstrates how the site could also be delivered alongside the proposed housing allocation on the former school site and adjoining land to the north as part of a wider housing allocation, thereby contributing up to 250 new homes to the local housing requirement. Equally the masterplan demonstrates that the site is capable of being delivered in isolation As detailed within the Vision Document, development of the site will not only help meet the housing requirements of the local area, but will also provide substantial economic and social benefits to the local community. These include construction jobs, long term permanent jobs in the local area supported by increased resident expenditure, and fiscal benefits, including over 1 million to the Council in New Homes Bonus payments.

10 : 3.0 Critique of Kirklees Council Technical Assessments 3.1 The Council has carried out a number of technical assessments on each of the residential sites considered for allocation in the Local Plan, and has also undertaken a review of the function of Green Belt land around the towns and settlements within the District. This included an assessment of the Windy Bank Lane site. 3.2 The results of these assessments and reviews are presented in the Kirklees Outcomes and Rejected Site Options report ( Rejected Sites Report ) and the Green Belt Review and Outcomes Report ( Green Belt Review ). It is the outcome of these reports which led the Council to decide to not allocate the Windy Bank Lane site for residential development. As these representations demonstrate, KeyLand consider that many of the conclusions reached by the Council are unfounded and not backed up by the findings of our own technical assessments and studies. Rejected Sites Report 3.3 The Rejected Sites Report identifies the site options put forward for inclusion in the draft Local Plan that have been rejected. It draws on a number of technical assessments and presents the findings using a traffic light system. The outcome of the technical assessments for the Windy Bank Lane site is shown below. Table 3.1 Outcome of Windy Bank Lane Technical Assessments by Kirklees Council Category Score Interpretation Public Health Green No significant health problems noted Transport Green Site access achievable and no significant impact on the strategic road network or local highway network Other Constraints Green No significant other constraints Flood / Drainage Green No significant flood risk and surface water drainage can be achieved Biodiversity Green No significant constraints Open Space Green Development of the option would not result in the loss of an important open space, sport or recreation facility Education Amber There is a need for additional capacity within the catchment of either the primary or secondary school Historic Environment Amber Presence of or degree of impact on historic asset where mitigation could reduce impact to an acceptable level

11 Kirklees Local Plan : Representations in Support of site at Windy Bank Lane, Green Belt Edge Amber Development adjacent to the boundary within the Green Belt would lead to a moderate degree of conflict with Green Belt purposes. Environmental Protection Red Serious level of constraint or multiple constraints Green Belt Red The site would not present a reasonable extension relative to the settlement it abuts and/or the site is located adjacent to a part of the green belt edge where assessment has shown that development would have a significant detrimental impact on the purposes of including land in the green belt, and/or it is located adjacent to a part of the green belt edge that is deemed to be significantly constrained and/or the option is remote from any settlement 3.4 As the above table shows, the site scores the highest green rating on the majority of the technical assessments. This demonstrates that the site is largely free from technical constraints, and that there are no highways; flood risk/drainage; ecological; open space or public health constraints which would inhibit the development of the site for housing. 3.5 The following paragraphs consider those areas where the Council has identified potential issues. Education 3.6 The site receives an amber score on the topic of Education. The site is currently located within the priority admission areas of Hightown Junior Infant & Nursery School (a 10 minute walk north-east of the site) and Whitcliffe Mount Secondary School. 3.7 If these schools are deemed to be oversubscribed at the time the site is brought forward for development, it is likely that capacity issues can be addressed and a suitable contribution will be made via a planning obligation to overcome any shortfalls in capacity at local schools, or a payment made as part of the Community Infrastructure Levy (CIL) if has been adopted at that time. We do not therefore consider that this represents a sufficient reason to reject the site as a housing option. 3.8 We also note that rejected site H1726 (which covers largely the same site boundary as site H198 directly to the north of the Windy Bank Lane site, and has only been rejected because of the overlap between those two sites) received a green Education score, despite being located directly adjacent to KeyLand s site. We would therefore question whether the demand on school places could be so different at an adjacent site, which is noted to have a similar residential capacity. 3.9 Furthermore, the capacity of schools has not prevented the land to the north of Windy Bank Lane (H198) from coming forward as a proposed allocation. In this

12 : context education should not be an issue which should prevent KeyLand s site from being allocated for residential development. Historic Environment 3.10 The site receives an amber score for Historic Environment. Whilst the reason for this is not set out, it is assumed that this is due to the presence of the listed Thornbush Farm building to the north-east of the site A detailed Heritage Assessment of the site and local area has been undertaken by specialist heritage planners at NLP. A full copy of the report can be found at Appendix In summary, the Assessment concludes that the development of the site would have less than substantial harm to the significance of Thornbush Farm (Grade II) and St Peter s Church (Grade II*), and that residential development could take place at the site in accordance with paragraph 134 of the NPPF, which requires any harm to weighed against the public benefits of the proposal. We therefore consider that the historic environment does not pose a significant constraint on development at the site, and that the benefits of delivering much needed housing clearly outweigh the limited impact on the heritage asset. Environmental Protection 3.13 Whilst the site receives a red score for Environmental Protection, however, it is important to recognise that it is not located within an Air Quality Management Area (AQMA), and is not within a HSE inner or middle zone. Given the current use of the site, it is unlikely to be affected by contamination As with the Education assessment, we note that the former school site directly to the north of KeyLand s site receives a green rating on the subject of Environmental Protection. Given that the site is not within an AQMA, HSE zone, and is not affected by contamination, we consider that the site should be scored the same as the land directly to the north on this category, and consequently the red score should be changed to green. Green Belt Review 3.15 We understand that the findings of the Green Belt and Green Belt Edge assessments referred to in the Rejected Sites Report (see table 3.1) emanate from this review The Green Belt Review undertaken by Kirklees Council is effectively separated into three parts, namely: 1 a technical exercise to create a digitised green belt boundary for the purposes of the Kirklees Local Plan; 2 a review of specific sites which have been received by the Council proposing that land should be added to or removed from the Green Belt;

13 Kirklees Local Plan : Representations in Support of site at Windy Bank Lane, 3 a review of the Green Belt Edge and the land immediately beyond it to ascertain the degree of constraint to development and the degree to which land performs a green belt role It is the review of the Green Belt Edge and the land immediately beyond it which is of relevance to the site at Windy Bank Lane. This review comprises two tests in the Green Belt Review report. Test Test 1 consists of three assessments; topographical, physical and environmental, and is used to determine whether a specific length of Green Belt boundary is constrained to the extent that there is no reasonable prospect of development taking place in the green belt adjoining the current boundary, or where there are features or land uses which are clearly best preserved or protected by their green belt designation The Windy Bank Lane site is located adjacent to a Green Belt Edge identified with the reference HT7. Despite the site scoring poorly in the Green Belt and Green Belt Edge categories in the Rejected Sites Report (as shown in Table 3.1 above), the Green Belt Review found that land at Windy Bank Lane is free from topographical, physical and environmental constraints. The report therefore established that there are no features or land uses adjacent to edge HT7 which are best preserved or protected by their Green Belt designation, and the site passes Test 1. Test Test 2 evaluates areas in terms of their contribution to the first four of the five purposes of Green Belts as set out at paragraph 80 of the NPPF. The results of this evaluation are shown in Table 3.2 below. Table 3.2 Test 2: Green Belt Review Green Belt Purposes Prevent settlements from merging Check urban sprawl Safeguard the countryside from encroachment Preserve setting and character of historic towns Findings of Green Belt Edge Review Extensive gap Windy Bank Lane, Hare Park Lane and field boundaries provide containment Largely separated from wider countryside by Windy Bank Lane. Existing undeveloped edge with urban greenspace (former school) does not follow a feature on the ground. Listed building Source: Green Belt Review, Kirklees Council 2015

14 : 3.21 Test 2 shows that the land does not prevent neighbouring towns merging into one another due to the extensive gap between the south of Hightown and the next nearest settlement The Green Belt Review finds that it is Windy Bank Lane and Hare Park Lane and not the currently designated boundary that prevent urban sprawl (and not the current designated edge). It further concludes that as the current Green Belt edge does not follow a feature on the ground, it does not presently safeguard the countryside from encroachment Hightown is not a historic settlement, and the site, or wider settlement, is not covered by a conservation area. The Green Belt Review therefore found that the land does not preserve the setting and special character of a historic town, and the presence of the listed building to the north-east of the site did not change the result of this particular part of the assessment NLP has undertaken a detailed Green Belt review of the site and Green Belt Edge, the results of which can be found in the accompanying Vision Document. In summary, our review concurs with the Council s findings that the site does not have any physical or environmental features which are best protected by a Green Belt designation, and also that the land is not serving the Green Belt purposes contained within the NPPF In summary, it is considered that the site can be removed from the Green Belt without affecting any of its functions in this area. The removal of the land immediately to the north of the site demonstrates that the Council concurs that the current Green Belt boundary can be amended without harming its function. Windy Bank Lane and Hare Park Lane provide robust future Green Belt boundaries which round off the settlement whilst allowing for an appropriate amount of development to meet housing needs.

15 Kirklees Local Plan : Representations in Support of site at Windy Bank Lane, 4.0 Other Technical Considerations 4.1 In preparing the Vision Document for the site, technical input was sought from a number of specialist consultants to determine whether there are any technical or environmental constraints which would prohibit the development of the site for housing. These assessments have been appended to this report and also summarised in the Vision Document, however, for completeness, we have highlighted the main findings below. Landscape and Visual 4.2 A Landscape and Visual Impact Assessment (LVIA) report has been prepared by Enzygo Limited. This is included at Appendix The assessment found that the proposals presented in the Vision Document will not result in significant harm to the landscape character or visual environment and, as such, it is considered that the proposed development can be integrated in this location and is supportable from a landscape and visual perspective. Highways and Transportation 4.4 Sandersons have undertaken a high level assessment of the potential impact of the development on the local highway network, and the ability to safely access the site by car. This is included at Appendix 3. Their assessment concludes that the site is well placed for vehicular distribution onto the wider highway network, and that the vehicle movements generated by the development would not lead to capacity issues on the local highway network. Heritage 4.5 As discussed in paragraphs above, NLP has completed a Heritage Impact Assessment for the site. This is included at Appendix 4. The Assessment concludes that that the development of the land, as set within the Vision Document, could result in minor less than substantial harm to the significance of the Grade II* listed St Peter s Church, and moderate less than substantial harm to the significance of the Grade II listed Thornbush Farm. In accordance with paragraph 134 of the NPPF, the assessment recommends that residential development could take place at the site without significant detrimental impact on the nearby heritage assets. Ecology 4.6 A Phase 1 Ecological Assessment has been carried out by Brooks Ecological and is included at Appendix 5. The assessment identifies a number of broad leaf trees and a section of Clough Beck as representing the most valuable habitat features and recommends their retention and protection. These are capable of being incorporated within the master plan and indeed being made a

16 : feature of, thereby adding to the overall character and diversity of the proposed development. Flood Risk and Drainage 4.7 The site is located within Flood Zone 1 and is therefore at the lowest risk of flooding is and suitable for accommodating housing. 4.8 The Clough Beck could potentially accommodate surface water drainage as part of any sustainable urban drainage scheme developed at the site. 4.9 A more detailed and flood risk and drainage strategy has been commissioned, which will inform future discussions and the evolution of the master plan. Summary 4.10 The technical assessments commissioned by KeyLand have shown that there are no technical or environmental constraints which would restrict the development of housing at the site, as was largely found in the Council s own assessments, and there are no technical reasons not to allocate the site for housing.

17 Kirklees Local Plan : Representations in Support of site at Windy Bank Lane, 5.0 Conclusions 5.1 Part 1 of KeyLand s representations have demonstrated that a significant shortfall in the amount of housing land has been identified in the Draft Local Plan, primarily due to over estimates of capacity and delivery rates on proposed allocations within the Plan Period. They also highlight a shortfall in the number of homes which have been allocated in the Batley and Spen subarea, relative to other parts of the District. In light of these conclusions, there is a clear and pressing need for the Local Plan to allocate further suitable residential sites. It is considered that the site at Windy Bank Lane (ref: H596) represents such a site. 5.2 The accompanying Vision Document included at Appendix 1 demonstrates that the site is a suitable, sustainable and deliverable location for housing growth. It has been further demonstrated, both within this report and the Vision Document, that the site can be removed from the Green Belt without prejudicing the Green Belt s purpose in this location. 5.3 The technical assessments which have informed the Vision Document and are appended to this report also show that there are no insurmountable constraints which would restrict the development of the site for housing, as was largely found in the Council s own assessment of the site. On those categories where the Council gave the site an amber or red score, it has been demonstrated that they do not constitute a significant barrier to the delivery of housing at the site, or, in some instances, it has been highlighted inconsistencies with how the site has been scored in comparison to adjacent land to the north which has been allocated. 5.4 The site at Windy Bank Lane is available for development now and could deliver up to 140 new homes, or, if it were brought forward with the proposed allocation to the north of the site (ref: H198), up to 250 new homes as well as significant social and economic benefits to the local community. In proposing allocate the land to the north, Kirklees Council has already accepted the principle of amending Green Belt boundaries in this part of Hightown. On this basis we therefore urge Kirklees Council to release this site from the Green Belt and allocate it for residential development, to help contribute towards ensuring that the housing requirement identified for the District during the plan period is met in full.

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19 Kirklees Local Plan : Representations in Support of site at Windy Bank Lane, Appendix 1 Windy Bank Lane Vision Document (prepared by NLP)

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21 Kirklees Local Plan : Representations in Support of site at Windy Bank Lane, Appendix 2 Landscape and Visual Assessment (prepared by Enzygo)

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23 Kirklees Local Plan : Representations in Support of site at Windy Bank Lane, Appendix 3 Preliminary Highways Assessment (prepared by Sandersons)

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25 Kirklees Local Plan : Representations in Support of site at Windy Bank Lane, Appendix 4 Heritage Impact Assessment (prepared by NLP)

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27 Kirklees Local Plan : Representations in Support of site at Windy Bank Lane, Appendix 5 Ecological Assessment (prepared by Brooks Ecological)

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