Matter 3 - Warwick District Council

Transcription

Matter 3 - Warwick District Council
Matter 3 / Representation ID: 12842
Warwick District Local Plan Examination
Statement on behalf of Kler Group – Matter 3: The supply and delivery of housing
land
This Statement is prepared on behalf of Kler Group who have interests in land at Burton
Green. Representations were made to the Warwick District Local Plan Publication Draft in
June 2015 in respect to the Site.
This Statement responds to the Inspector’s main issues on The supply and delivery of
housing land in relation to the Examination of the Local Plan. We respond to each main
issue in turn below:
3) What is the estimated total supply in the Plan period from:
a) Existing planning permissions
b) Other commitments e.g. sites subject to Section 106
c) Allocated Sites
d) Other sites specifically identified e.g. SHLAA
e) Windfalls
1.1
We provide comment on Question 3 (e) as part of our response to Question 6 below.
5) Specifically, is the figure for windfalls realistic and justified?
2.1
We do not consider the Council’s windfall allowance within its housing supply to be
realistic or justified, as outlined in our response to Question 6 below.
6) What are the potential sources of windfalls?
Given that the Local Plan and
SHLAA have provided the opportunity to identify specific sites, are windfalls likely
to come forward on the scale envisaged? What would be the implications if they
didn’t?
3.2
The NPPF defines windfall sites as:
“Sites which have not been specifically identified as available in
the Local Plan process.
They normally comprise previously -
developed sites that have unexpectedly become available”.
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3.1
Emerging Policy DS7 (Meeting Housing Requirement) estimates that 2,485 dwellings
(19.11%) of the total housing supply over the Plan period will arise from windfall.
Paragraph 48 of the National Planning Policy Framework (the “NPPF”) establishes that
Local Planning Authorities may:
“…make an allowance for windfall sites in the five-year supply if
they have compelling evidence that such sites have consistently
become available in the local area and will continue to provide a
reliable source of supply.
Any allowance should be realistic
having regard to the SHLAA [Strategic Housing Land Availability
Assessment], historic windfall delivery rates and expected future
trends, and should not include residential gardens ”.
3.3
We are of the view that there is no compelling evidence which demonstrates that the
amount of windfall sites allowed for will provide a reliable source of supply across the
Plan period.
3.4
The Council’s ‘Estimating a Windfall Allowance: Publication Stage ’ report (Document
HO05), published in April 2014, is unclear and considered to be lacking in evidence
to demonstrate that the expected windfall allowance, specifically in relation to how
rural sites are dealt with.
3.5
In total, the ‘Rural Areas’ category will account for 544 of the windfall allowance,
amounting to 18.75% of the total windfall supply. This is based on 34 dwellings being
delivered in the rural area per annum, representing an increase of 40% on the past
trend of 24 dwellings per annum. We do not consider that “more relaxed planning
policy and more settlement boundaries, where infill development can take place, and
student accommodation on campus” (Paragraph 5.24 of Document HO05) provides
sufficient justification for increasing the number of rural windfall sites included within
the supply.
3.6
There is also concern that the ‘Rural Areas’ category double counts sites included
within the ‘Urban Areas’ categories. No definition is provided as to what settlements
would comprise the urban area. Indeed Table 1, which shows past trends, notes that
the ‘Rural Areas’ category within the table does not include “student flats at Warwi ck
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University as these are untypical of rural windfall sites in the District”, yet in contrast
paragraph 5.24 states that the increase of 40% on the past trend for the rural area
allows for “student accommodation on campus”.
3.7
National Planning Practice Guidance (“PPG”) advises that SHLAAs should:
“…identify all sites and broad locations regardless of the amount
of development needed to provide an audit of available land. The
process of the assessment will, however, provide the information
to enable an identification of sites and locations suitable for the
required development in the Local Plan” (Paragraph: 009 Reference
ID: 3-009-20140306). (Underlining our emphasis).
3.8
The PPG goes on to state that:
“Plan makers will need to assess a range of different site sizes
from
small-scale
sites
to
opportunities
for
large-scale
developments… The assessment should consider all sites and
broad locations capable of delivering five or more dwellings ”
(Paragraph 010 Reference ID: 3-010-20140306).
(Underlying our
emphasis).
3.9
Mindful of the above advice and paragraph 84 of the NPPF, and the wide extent of
the Council’s SHLAA 2014 (Document HO12), published in May 2014, which assesses
the suitability of 127 sites in the Rural Area and 134 sites on the Urban and Edge of
Urban Areas, it is considered that a large proportion of the ‘Rural Areas’ categ ory, as
well as some of the ‘Redevelopment / New Build Sites of Five or More Dwellings’
category, double counts sites within the SHLAA.
3.10
Paragraph 5.5 of Document HO12 refers to the changes to the General Permitted
Development Order in 2013 and 2014 to allow changes of use in certain circumstances
from offices to dwellings and from farm buildings to housing in rural areas. Again
there is concern that the amount of windfall dwelling accounted for in the ‘Rural
Areas’ double counts dwellings included withi n the ‘Conversions and Changes of Use’
category.
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3.11
It is also observed that paragraph 5.23 of Document HO05 indicates that “it is likely
that the supply of other sites are likely to continue to grow.
These sites include:
surplus public sector land and bui ldings (including Council owned land)”. This is not
consistent with the findings of the Council’s SHLAA 2014 Main Report (Document
HO12) , published in May 2014, which states at paragraph 3.4 that “…a limited number
of public sector sites were identified reflecting the fact that there are no major
Government bodies with landholdings in the District”.
3.12
In light of the above we therefore consider that there is no compelling evidence for
the Council’s windfall allowance.
Accordingly if emerging Policy DS7 is to be
considered positively prepared, justified and effective, as a minimum, the 544
dwellings on rural sites should be removed from the windfall allowance within the
Council’s housing supply to ensure there is no double counted sites with other
categories and sites considered by the SHLAA.
7) How has flexibility been provided in terms of the supply of housing? Are there
other potential sources of supply?
4.1
We do not consider that the supply of housing provides sufficient flexibility for dealing
with the impacts of HS2 as outlined in our response to Question 9 below, specifically
at paragraph 5.7.
9) Would the Local Plan realistically provide for a five ye ar supply on adoption?
Will a five year supply be maintained?
5.1
The Council’s most recent evidence, An Update of the Five Year Housing Land Supply
Situation, provides a five year housing land supply position as at 11 th November 2014.
The document indicates that the Council are only able to demonstrate a 4.5 year
supply and therefore they do not have an up to date five year housing land supply.
This position has been agreed at three recent Appeals at Radford Semele (Appeal
Reference:
APP/T3725/A/14/2222868)
and
Barford
(Appeal
References:
APP/T3725/A/14/2215618 and APP/T3725/A/14/2222805).
5.2
The Inspector’s Report for the most recent decision (10 th March 2015), for the site
at Radford Semele, states that at the Inquiry the Council “argued it was an improvi ng
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situation and they could actually identify a 4.8 year supply”. Notwithstanding this it
remains that there is no evidence indicating that they are able to demonstrate an up
to date five year housing land supply either now, or upon the Local Plan being
adopted, should the Inspector find the Plan sound.
5.3
Looking beyond the current five year housing land supply period, the NPPF establishes
at Paragraph 47 that Local Planning Authorities should:
“…set out a housing implementation strategy for the full range
of housing describing how they will maintain delivery of a fiveyear supply of housing land to meet their housing target”.
(Underlining our emphasis).
5.4
In light of our response to Matter 2 it is considered that the housing requirement
identified by the Local Plan would need to be significantly increased if it is to represent
Warwick District’s full Objectively Assessed Housing Need as well as the deficit in the
supply resulting from the removal of or significant reduction in windfall sites. In this
circumstance, with the Council’s requirement increasing by 5,788 dwellings across the
Plan period, it is our view that the Council would be unable to maintain a continuous
five year housing land supply based on the supply advanced by emerging Policy DS7 .
5.5
Although it is appreciated that the Examination will assess site allocations and specific
settlements at later Hearing Sessions, it is our view that HS2 will also impact Warwick
District Council’s ability to maintain a continuous five year housing land and in
particular the housing supply at Burton Green, which is identified as a ‘Growth Village’
in the Local Plan. The Local Plan does not consider or account for any impacts arising
from HS2.
5.6
Within Warwick District, HS2 will primarily impact Burton Green, with a ‘cut and cover’
tunnel being constructed through the village. At the current time it is proposed that
construction of HS2 in Burton Green will commence in 2018 and will not be completed
until 2024 at the earliest. Bearing in mind the delays experienced with the project to
date, the Hybrid Bill for HS2 Phase One only being at the Committee Stage and the
forthcoming General Election, there is a significant possibility that the HS2 timetable
will fall further behind, suggesting the construction timetable for Burton Green is
ambiguous at best.
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5.7
With the likely impacts arising from the construction of HS2 on the Burrow Hill Nurs ery
site (Site Reference: H24), which the Local Plan proposes will deliver all of the 60
dwellings allocated to Burton Green, it is unlikely that this site will come forward
before the construction of HS2 is complete. The Council’s housing supply includes no
flexibility should the completion of HS2 be delayed beyond the end of the Plan period
in 2029.
The Local Plan also fails to consider the impacts HS2 will have, once
completed, on the deliverability of this site. Indeed the enclosed Operational Noise
and Vibration Impacts and Likely Significant Effects Maps (Map Numbers: SV -01-050b
and SV-02-050b) and the Site Locations in Relation to HS2 map (Drawing No: SL -P03) show that the north of the site will experience some potential noise effect.
5.8
Further to the above there is concern that the Local Plan, and the identified housing
supply, does not account for the likely loss of and abandonment of homes as a result
of HS2 in Burton Green, as well as its impact on the deliverability of the site at Burrow
Hill Nursery (Site Reference: H24), where 60 dwellings are proposed.
The
Safeguarding Directions Map for Burton Green (Map Number: SG -01-047) identifies
that a total of 24 dwellings are eligible to submit a Blight Notice and request that the
Secretary of State for Transport buy their property prior to the construction of HS2.
An accepted Blight Notice means that the Department for Transport will agree to
purchase the property at the un-blighted value, plus a loss payment, plus reasonable
removal costs and expenses. Discussions with the Burton Green Stop HS2 Committee
indicate that of these 24 dwellings, two are rented and therefore do not meet the
criteria for submitting a Blight Notice. Of the 22 properties therefore eligible, 11 of
those have to date finished the Blight Notice process and have vacated the properties
affected. A further two properties have submitted Blight Notices and are awaiting
responses from the Secretary of State for Transport. The Committee anticipate that
all 22 properties will submit a Blight Notice.
5.9
Separately 35 dwellings are in the ‘Rural Support Zone’, which is defined by HS2 in
their guidance note for ‘Property Schemes For the London-West Midlands HS2 route’
(published in January 2015) as “…the area that starts at the outer border of
safeguarding and stops 120m from the centre line of the HS2 railway in ru ral areas”.
Properties in the Rural Support Zone are able to either rece ive:
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
The cash offer – a lump sum payment of 10% of the un-blighted open market
value of the property; or

Voluntary purchase – the Government will purchase the property for 100%
of the un-blighted open market value.
5.10
Of the 35 dwellings in the ‘Rural Support Zone’ six properties are not eligible for
support, four of which are rented and two purchased after HS2 was announced. Given
this scheme only became active in January 2015 no property has yet applied for
support.
5.11
Beyond the ‘Rural Support Zone’ (i.e. beyond 120m from the HS2 line) under the
‘Need to Sell’ scheme, introduced in January 2015, certain properties can request the
Secretary of State for Transport to purchase their property at its un -blighted market
value where it can be demonstrated that there is a compelling reason to sell the
property, but have not been able to do so, other than at a substantially reduced price,
as a result of HS2.
Compelling reasons include divorce, job relocation, health,
financial hardship or death. This scheme replaces the previous ‘Exceptional Hardship
Scheme’. To date two properties in Burton Green have had a claim accepted and two
further claims are in progress.
5.12
As part of the construction works Cromwell Lane will also be closed for a minimum of
six months, severing the southern section of the village from the north. Paragraph
5.4.22 of the HS2 Environmental Statement (ES) indicates that this will give rise to
“a major adverse isolation effect to the community of Burton Gree n, which is
significant” (extract enclosed). It is also expected that for a period of three years
and six months during construction of HS2, on a daily basis there will be between 60
and 75 two-way HGV movements and between 140 and 165 two -way car and light
good vehicle movements. Paragraph 4.4.10 of the HS2 ES acknowledges that this
could “affect local air quality through the emissions associated with additional traffic
generated on roads as a result of construction traffic routes, temporary road
alignments and changes to traffic patterns arising from temporary road diversions”
(extract enclosed).
5.13
Mindful of the infancy of the rural support scheme, the construction impacts of HS2
outlined above and the number of properties submitting Blight Notices, it is
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considered reasonable to expect that all 29 dwellings within the Rural Support Zone
may apply for voluntary purchase and vacate the properties.
5.14
All of the properties vacated following the acceptance of a Blight Notice or the
Voluntary Purchase scheme will remain vacant until HS2 is complete. As such it is
reasonable to consider that around 55 dwellings could be vacated until the completion
of HS2 which as outlined at paragraphs 5.8 to 5.11 above could fall after the current
Plan period. This could even be more depending on the number of dwellings which
submit claims under the ‘Need to Sell’ scheme, including two claims which are
currently in process. Burton Green Parish Council’s website identifies that there are
about 263 homes in the village, as such the loss of 55 dwellings represents a decrease
of 20.91% of housing stock in the village.
5.15
Taking into consideration the number of dwellings to be vacated during construction
of HS2 and its impacts on the deliverability of the Burrow Hill Nursery si te during the
current Plan period, it is likely that there will be a net loss of 115 dwellings from the
Council’s housing land supply in Burton Green alone.
To address this loss and to
ensure that the Council is able to maintain a five year housing land s upply across the
Plan period it is our view that further sites should be allocated for residential
development. In particular further sites should be allocated within Burton Green to
address the significant loss of dwellings amounting to 20.91% of the village’s housing
stock. As a minimum, these sites should be deliverable and achievable now to address
this net loss of dwellings in the short term and provide an alternative location for
those vacating their properties in Burton Green to live.
5.16
The site at and to the rear of the Peeping Tom Public House in Burton Green (SHLAA
Ref: R91), which has been promoted through the Local Plan process, would be a
suitable site for accommodating some of the village’s need. The site is isolated from
the HS2 route, both during the construction phase and once operational, and is in a
sustainable location, being centrally located and well connected to the rest of the
village, it is within walking distance of both a bus stop with an hourly service, Tile
Hill Railway Station and employment opportunities at Westwood Heath and Warwick
University.
10) In overall terms would the Local Plan realistically deliver the number of
dwellings required over the Plan period?
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6.1
Mindful of our responses to Questions 5, 6, 7 and 9 above, and our Hearing Statement
for Matter 2, it is considered that the Local Plan cannot realistically deliver the number
of dwellings required over the Plan period.
Suggested Changes
It is our view that the following changes are required if the emerging Warwick
District Local Plan is to be considered to be positively prepared, justified and
consistent:
1. If emerging Policy DS7 is to be considered positively prepared, justified and effective,
as a minimum, the 544 dwellings on rural sites should be removed from the windfall
allowance within the Council’s housing supply to ensure there is no double counted
sites with other categories and sites considered by the SHLAA.
2. Further sites should be allocated within the Local Plan, including the site on land at
and to the rear of the Peeping Tom Public House in Burton Green, to ensure there is
flexibility within the housing supply to meet the District’s Objectively Assessed
Housing Need of 18,648 and address the net loss of 115 dwellings in the housing
supply during the current Plan period as a result of HS2.
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B
³
C
³
E
!
D
³
!F
G
!
Potential noise effect
HS2 (rail only) sound level LpAeq,T
Panel A
³1
Night-time LpAeq,T
(T=23:00 to 07:00)
Daytime LpAeq,T
(T=07:00 to 23:00)
> 55 dB
> 65 dB
40 to 55 dB
50 to 65 dB
< 40 dB
< 50 dB
³2
12
H
!
!
J
Operational airborne sound impacts
at buildings+
Change in sound level (LpAeq,T day / night)
COVENTRY
Non-residential
CITY
& quiet areas
Residential
Likely significant effect on dwellings indicated
by ( , l or D avoided by noise insulation
Effect dependent on receptor and baseline.
For further details see Volume 5, Appendix
Effect dependent on sound level change
SV004. Likely significant effect indicated by
(see Panel B) and significance criteria. Likely
OSV#-N#2
significant effects on groups of dwellings and
associated facilities indicated by OSV#-C#2
Generally no adverse effect expected1
1 For further information see Volume 5 Appendix SV-001-000
2 For details see relevant Volume 5 Appendix SV-004
Major adverse (>10dB)
1
Moderate adverse (5dB to 10dB)
Minor adverse (3dB to 5dB)
Negligible (-3dB to 3dB)
Beneficial (<-3dB)
!
Panel B
A
³
(
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D
Potential additional noise insulation (triggered by
2
maximum sound levels at night) 1
Potential additional noise insulation (triggered by
WHO Night Noise Guidelines Interim Target) 1
Potential noise insulation (triggered by Noise
Insulation Regulations 1996) 1
!
³3
4
³
4
³
For Continuation Refer
to Map Number SV-02-051
³3
5
³
WARWICK
DISTRICT
5
³
For Continuation Refer
49
to Map Number SV-02-0
SOLIHULL
DISTRICT
6
³
149+000
148+000
³7
³8
6
³
³7
³8
Burton Green
Green Tunnel
³9
³9
10
³
10
³
³
B
³
A
Legend - General features
Route in bored tunnel
C
³
Engineering earthworks: Non engineering earthworks:
Route in green tunnel
Route on surface
Depot, station, headhouse or
portal building
Embankment
Embankment
Cutting
Cutting
County boundary
E
³
F
³
Committed developments (label as CFA#/#)
Envisaged mitigation to avoid / reduce significant noise effects:
Landscaping and/or fence barriers*
Engineering e.g. cuttings (green tunnels separately marked)
Envisaged measures further reducing noise effects:
Other environmental features e.g. landscaping
Community forum boundary
District/Borough boundary
D
³
Legend - Sound related features
+
Residential buildings only
* Labelled with total barrier height above rail level
Engineering e.g. cuttings
Airborne sound study area
!
#
*
+
$
W
X
Ground-borne sound & vibration study area
(residential and non-residential)
Ground-borne sound & vibration study area (highly
sensitive non-residential)
Airborne sound assessment location
Airborne sound and vibration assessment location
Ground-borne sound and/or vibration assessment
location
Airborne sound, ground-borne sound and vibration
assessment location
Minor ground-borne noise or vibration impact+
G
³
Map Number
H
³
SV-02-050b
Map Name
Operational Noise and Vibration Impacts
and Likely Significant Effects (with
Assessment Locations)
Community Forum Area CFA23:
Balsall Common & Hampton in Arden
³I
J
³
HS2 Ltd accept no responsibility for any circumstances, which
arise from the reproduction of this map after alteration,
amendment or abbreviation or if it is issued in part or issued
incomplete in any way.
Registered in England. Registration number 06791686.
Registered office: Eland House, Bressenden Place,
London SW1E 5DU.
I
Scale at A3: 1:10,000
0
© Crown copyright and database rights 2013.
Ordnance Survey Licence Number 100049190.
Doc Number: C250-ARP-EV-MAP-000-003723
100
200
300
400
Metres
Date: 31/10/13
A
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B
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D
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C
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Night-time
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1
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2
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pAeq,T
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H
!
Non-residential
Potential noise effect1, 2
HS2 (rail only) sound level LpAeq,T
G
!
pAeq,T
(T=23:00 to 07:00)
(T=07:00 to 23:00)
> 60 dB
55 to 60 dB
50 to 55 dB
45 to 50 dB
40 to 45 dB
< 40 dB
> 70 dB
65 to 70 dB
60 to 65 dB
55 to 60 dB
50 to 55 dB
< 50 dB
Residential
& quiet areas
!1
Likely significant effect on dwellings indicated
by ( , l or D avoided by noise insulation
Effect dependent on receptor and baseline.
For further details see Volume 5, Appendix
Effect dependent on sound level change
SV004. Likely significant effect indicated by
2
and significance criteria. Likely significant
OSV#-N#
effects on groups of dwellings and
2
associated facilities indicated by OSV#-C#
Generally no adverse effect expected
!2
1
1 For further information see Volume 5 Appendix SV-001-000
2 For details see relevant Volume 5 Appendix SV-004
3
³
3
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WARWICK
DISTRICT
4
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OSV23-C02
(
4-5m
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1.4m
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( 3m
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49
to Map Number SV-01-0
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OSV23-C01 /
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to Map Number SV-01-051
4
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8
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6
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9
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9
³
10
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B
³
A
Legend - General features
Route in bored tunnel
Route in green tunnel
Route on surface
Depot, station, headhouse or
portal building
Community forum boundary
District/Borough boundary
County boundary
C
³
D
³
E
³
F
³
Legend - Sound related features
Engineering earthworks: Non engineering earthworks: Envisaged mitigation to avoid / reduce significant noise effects:
Embankment
Embankment
Landscaping and/or fence barriers*
Engineering e.g. cuttings (green tunnels separately marked)
Cutting
Cutting
Envisaged measures further reducing noise
effects:
Other environmental e.g. landscaping
G
³
Map Number
Airborne sound study area
(
l
D
Potential additional noise insulation (triggered by
maximum sound levels at night)1
Potential additional noise insulation (triggered by
WHO Night Noise Guidelines Interim Target) 1
H
³
SV-01-050b
Map Name
Operational Sound Contour Maps and
Likely Significant Effects
Potential noise insulation (triggered by Noise
Insulation Regulations 1996)1
Engineering e.g. cuttings
* Labelled with total barrier height above rail level
Community Forum Area CFA23:
Balsall Common & Hampton in Arden
³I
J
³
HS2 Ltd accept no responsibility for any circumstances, which
arise from the reproduction of this map after alteration,
amendment or abbreviation or if it is issued in part or issued
incomplete in any way.
Registered in England. Registration number 06791686.
Registered office: Eland House, Bressenden Place,
London SW1E 5DU.
I
Scale at A3: 1:10,000
0
© Crown copyright and database rights 2013.
Ordnance Survey Licence Number 100049190.
Doc Number: C250-ARP-EV-MAP-000-003613
100
200
300
400
Metres
Date: 29/10/13
Site at and to the rear of
Peeping Tom Public House
Project
Land at and to the rear of the
Peeping Tom Pub, Burton Green
Land at Burrow
N
Drawing Title
Site Locations in Relation
to HS2
Date
Scale
Drawn by
Check by
17.01.14
1:1,250@A3
M.S.
MXS
Project No
Drawing No
20612
Revision
-
SL-P-03
10
0
30
20
50m
40
bartonwillmore.co.uk
Certificate FS 29637
Offices at Reading London Bristol Cambridge Cardiff Ebbsfleet Edinburgh Leeds Manchester Solihull
Reproduced from the Ordnance Survey Map with the permission of the Controller of HMSO. Crown Copyright Reserved. Licence No. 100019279.
J:\20000 - 20999\20600 - 20699\20612 - Cromwell Lane, Burton Green\A4 - Dwgs & Registers\Master Planning\20612 - SL-P-03 - Site Locations In Relatrion To HS2.dwg
- A3
155
Gables
Reeves Green Farm
Reeves Green Farm
167
Wks
204
S' LANE
B41
01
TA NN
ER
187
IN
GG
205
South Lodge
ER'S LANE
SPENC
Yew Tree House
Canterbury House
The Cottage
Beechwood Cottage
Beechcote
House
168a
Hollycroft
Bridge Lodge
E
AN
Cottage
Cottage
OTE LA NE
Beechwell
Briar Hayes
Moat Cottage
Avondale
Farm
Greendown
Rose Haven
Earlsdon Stud
FOR CONTINUATION REFER TO SG-01-048
BA
UL
KL
Lanscombe
Palmyra
268
270
270a
191
185
203
Water Tower
215
227
239
332
334
344
352
HO
DG
ET
T'S
LA
N
Electricity
249
350
366
E
257
261
267
376
Farm
46 42
Wellmont House
36
273
275
279
390
283
287
396
26
25
Berkswell House
16
10
4
15 11 7
2
400
1
297
301
402
Odnaull End
303
404
408
Station
393
OA
D
PO
191
214 2
208
196 Wks
211
170
Bank
5
16
202a
14
Surgery
E
SE
29
19
20
15
11
27
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8
6
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17
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Sunnyside
14
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Beanit
7
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1
107
St Philomena's
3
116
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LA
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Cariad
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9
Lottery
Wood View House
Newburn
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Image
69
Hobgoblins
Moat Lodge
Oakwood
SC
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Wellington House
E
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Moat Farm
High Ridge
Berkswell Windmill
The Hollies
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1
2
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21
9
22
11 14
24
Meadow Farm
35
33
25
26
MIL
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WARWICKSHIRE WARWICK DISTRICT
Map Number
Map Name
Safeguarded Area: Surface
70
Cottage
Legend
Limits of Land Subject to Safeguarding Direction
Stoneymoor Wood Farm
71
The Willows
Shiloh
White
The
Hunters
Hill Farm
Farm
Farm
ANE
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New Home
Pheasant Oak Barn
5
Hob Farm
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1
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Tremont House
102
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Fox's
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End
The Old Granary
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101
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428 KEN 343
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1
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144
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119
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85
538
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11
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Rob's
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37
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226
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250 7
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70
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TON
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GR OV
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316
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323
327
329
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Balsall Common
9
428
Maple Field House
549
543
407
441
416
424
Beanit
561
443
313
414
314
6
179
Squirrels Jump
Pandora
Pleasant
Cherry Tree
Moat
258
260
262
264
328
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Leafy
Almond
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The Oak Barn
Westwood Lodge
316
Saddlestones
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Truggist Hill
Truggist Hill
AN
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LA
577a
Old Lodge Farm
167
Burley Gap
Stone
Dixons Farm
569
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161
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1
FOR CONTINUATION REFER TO SG-01-046
T
GIS
UG
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Bayleys Brook
The Pines
1
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157
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306
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168
198
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436
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123
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5
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119
176
178 180
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Moat House Farm
160
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158
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458
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215
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103
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2
179
97
CROMWELL LANE
Meadow House
93
94
SE
SOLIHULL METROPOLITAN BOROUGH
Safeguarded Area: Sub-surface
Extended Homeowner Protection Zone*
District/Borough boundary
Date of Issue
* This is the area previously in surface safeguarding according to the October 2013 Safeguarding Directions.
SG-01-047
High Speed Two
Phase One
Safeguarding Directions
JUNE 2014
HS2 Ltd accept no responsibility for any circumstances, which
arise from the reproduction of this map after alteration,
amendment or abbreviation or if it is issued in part or issued
incomplete in any way.
I
Scale at A1: 1:5,000
Registered in England. Registration number 06791686.
Registered office: One Canada Square, London E14 5AB.
© Crown copyright and database rights 2014.
Ordnance Survey Licence Number 100049190.
Doc Number: LWM-HS2-PL-MAP-000-000055
Scale at A3: 1:10,000
0
50
100
150
200
Metres
Date: 19/06/14
CFA Report – Stoneleigh, Kenilworth and Burton Green/No 18 | Community
5.4.15
Permanent access rights are required over land to the south of Dalehouse Lane and
near Crackley Lane. However, these are not expected to result in the loss of any land
from the properties affected.
Open Spaces and recreational PRoW
5.4.16
The Kenilworth Golf Club will be affected by a slight permanent loss of land from the
eastern edge of the course and along its boundaries with the A46 Kenilworth Bypass
to the south and Dalehouse Lane to the north. Whilst this loss of land will partially
impair the resource, the main playing area of the fairways, tees and greens, including
those planned for the golf course extension in the vicinity of New Kingswood Farm will
be largely unaffected. Overall, the effects associated with this loss of land on users of
the course are assessed as minor and not significant.
5.4.17
The 'Connect2Kenilworth' recreational PRoW route W164/Sustrans NCR No. 52, to the
north of Kenilworth near Canley Brook will be affected by the requirement for land to
construct the Proposed Scheme. Approximately 600m of the route falls within the
boundary of land that will be required permanently. The scheme design requires the
route to be permanently diverted around the earthworks for the Canley Brook
diversion. This will add about 250m to the length of this part of the route. As a
recreational route this 250m increase in length is assessed as giving rising to a minor
adverse effect on its users, which is not significant at a community level.
Edge of Coventry
Temporary effects
Residential properties
5.4.18
Works to construct the new railway, the A429 Kenilworth Road overbridge and the
realignment of Canley Brook will result in significant adverse visual effects on the
residents of Gibbet Hill. There will also be a significant increase in HGV construction
traffic using the A429 Kenilworth Road. The combination of significant visual and HGV
traffic effects over approximately four years, will give rise to a major adverse effect on
the amenity of the residents of Nos. 160-170 Kenilworth Road (even numbers), which
is significant.
Burton Green
Temporary effects
Residential properties
5.4.19
At Cromwell Lane, in the centre of the village, a group of 14 residential properties
either side of the tunnel construction area and works to reconstruct the Cromwell
Lane bridge are likely to be affected by a combination of significant noise and/or
vibration and visual effects. These combined effects are expected to last for
approximately 8 to 12 months and the change in amenity for residents is assessed as a
major adverse effect, which is therefore significant. The properties that are likely to be
affected by a combination of significant amenity effects are nos. 293-301 (odd
numbers) and no. 402, which are situated to the north of the Proposed Scheme; and
nos. 307-323 (odd numbers) which are situated to the south of the Proposed Scheme.
5.4.20
It is noted that No. s 301 and 402 Cromwell Lane, which are located immediately
alongside the route to the north of the Proposed Scheme and either side of the road,
84
CFA Report – Stoneleigh, Kenilworth and Burton Green/No 18 | Community
will also be affected by a temporary loss of land during construction, these impacts
are assessed as not significant at a community level.
5.4.21
The occupiers of a group of approximately 21 residential properties on Hodgett's Lane
are likely to be affected by a combination of significant noise and visual effects during
construction of the Burton Green green tunnel and the works to build the Burton
Green auto-transformer feeder station on the north-western edge of the village.
Eleven of these dwellings, located immediately adjacent to the Proposed Scheme, will
also experience vibration effects for 8 months. These works are likely to last for up to
two years and the combination of effects on the amenity of residents is assessed as
giving rise to a major adverse effect which is significant. The properties that are likely
to be affected are: Nos. 3 – 23 (odd numbers) which are located immediately adjacent
to the boundary of the tunnel works; and Nos. 22-46 (even numbers) which are
located on the north side of Hodgett's Lane.
5.4.22
During the construction period, many of Burton Green’s residents will be affected by
works to demolish and reinstate the bridge at Cromwell Lane. It is anticipated that
these works will be phased in such a way as to enable part of the tunnel roof structure
to be constructed ahead of the existing road bridge structure being dismantled. These
works will act as a substantial visual barrier through the centre of the village and will
lead to disruption to journeys, including journeys made on foot, through the centre of
the village. Significant pedestrian severance has also been identified along Hob
Lane/Cromwell Lane due to significant increases in HGV traffic. This would affect
journeys to access the Burton Green Church of England Primary School on the south
side of the construction works and Two Oaks Day Nursery and Hedgerow Day Nursery
on either side of the Proposed Scheme at Cromwell Lane and Red Lane. It will also
affect journeys made by residents of the village visiting others located on the opposite
side of the construction works. The disruption at Cromwell Lane, which is anticipated
to last for about six months, is assessed as giving rise to a major adverse isolation
effect on the community of Burton Green, which is significant. However, access to the
village itself will not be significantly affected.
5.4.23
A further five residential properties at two locations on Hob Lane to the south-west
and west of the village will be within the boundary of land which may be required
temporarily for works to existing utilities in the area. In these cases, the effects are
assessed as not significant at a community level. The properties at Hob Lane that will
be affected are: Moat Farm, Moat Lodge and Oakwood, Hob Farm and Beanit Farm.
Community facilities
5.4.24
As concluded above, someof the pupils of Burton Green Church of England Primary
School who reside in the village will be subject to major adverse isolation effects. For
the remaining 64% of pupils who travel from further afield, no significant effects on
road traffic have been reported by the traffic and transport assessment, and therefore
no significant isolation effects have been identified.
5.4.25
The Two Oaks Day Nursery is situated immediately adjacent to the boundary of land
required for the construction and operation of the Proposed Scheme. Given its
proximity to the works, the Nursery will also be affected by a combination of
significant visual and noise effects during the construction period, which could last for
a period of about 2 months. The Two Oaks Day Nursery operates on a daily basis
85
CFA Report – Stoneleigh, Kenilworth and Burton Green/No 18 | Community
throughout the year and makes significant use of the grounds at the site for early
years/foundation stage education and play activities and has been awarded a “Forest
School” status. The change in amenity at the Nursery during the construction period
will impair the use of the resource and is assessed as giving rise to a moderate adverse
effect on users of the nursery, which is significant.
5.4.26
HS2 Ltd will work closely with Warwickshire County Council, Burton Green Church of
England Primary School, Hedgerow Day Nursery and Two Oaks Day Nursery to
identify reasonably practicable measures to help mitigate significant residual isolation
and amenity effects, including discretionary measures identified in the draft CoCP.
Recreational PRoW
5.4.27
During construction, a temporary diversion route for the Kenilworth Greenway will be
provided at Burton Green as part of the Proposed Scheme. This will also serve as a
diversion route for the Coventry Way and Sustrans NCR No. 523 which share the same
route as the Greenway through Burton Green. This temporary route will diverge from
the existing Greenway alignment to the south of Cromwell Lane, to run along a
section of Red Lane, crossing Hob Lane and running around the perimeter of fields to
the south-west of the route of the Proposed Scheme. The route is relatively circuitous
and users will have to negotiate traffic at the junction with Red Lane and Hob Lane,
where a significant increase in HGV construction traffic is predicted during the works.
Access to the Greenway during the construction period will be at the junction with
Hob Lane and Red Lane, which is some 300m south of its present position in the
centre of the village at Cromwell Lane. The temporary diversion route is likely to be
required for a period of about four or five years. Whilst there is no overall loss of a
route for the Greenway during this time, its temporary alignment is unlikely to be so
well suited to cyclists. Taken together with the loss of a convenient access point in the
centre of the village and the requirement to cross through construction traffic, the
construction works for the Proposed Scheme will impair the functional value of the
Greenway as a key pedestrian and cycle route. This is assessed as giving rise to a
temporary moderate adverse effect on users of this locally important resource.
5.4.28
The temporary realignment has been designed to avoid the construction works
wherever practicable so as to reduce significant amenity effects on users. However,
this is unavoidable at Red Lane where the Kenilworth Greenway will need to share the
access track for approximately 450m with vehicles accessing the materials transfer
and stockpiling area that is proposed to the south of the village and where the route
runs alongside the Cromwell Lane satellite compound. Here, users of the temporary
Kenilworth Greenway realignment will also be affected by significant visual effects
due to the operation of plant and machinery in this area and a significant increase in
HGV traffic at the junction of Red Lane and Cromwell Lane for up to five years in total.
It is recognised that users of the route will also be subject to noise impacts as a result
of proximity to the construction works, but given the transitory nature of the route,
the impacts of construction noise are not assessed as being significant. The combined
visual and HGV traffic effects are assessed as giving rise to a major adverse effect on
the amenity of people using the Greenway in this location, which is significant.
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CFA Report – Stoneleigh, Kenilworth and Burton Green/No 18 | Community
Permanent effects
Residential properties
5.4.29
Three residential properties in the centre of the village at Cromwell Lane will need to
be demolished during construction of the Proposed Scheme. Ordinarily, the loss of
three dwellings from a village comprising of about 260 homes, would be assessed as a
not significant at a community level. However, in this case, the loss of these properties
will leave a clearly evident gap in a prominent location at the heart of the village and
the loss is assessed as a moderate adverse effect which is therefore a significant effect
in this situation. The properties that will need to be demolished at Cromwell Lane are:
Nos. 303 and 305 on the south-east side of Cromwell Lane, immediately to the southeast of the tunnel works; and No. 404 which is located on the north-west side of
Cromwell Lane, again immediately to the south-east of the tunnel works.
5.4.30
A further four residential properties at Burton Green will be affected by a slight
permanent loss of land for the construction and operation of the Proposed Scheme.
These impacts are not considered significant at a community level. The properties
that will be affected are: No. 301 at Cromwell Lane, Le Van at Red Lane, and Lanthorn
House and Kilrenny House, at Red Lane.
5.4.31
An outbuilding within the curtilage of No. 301 Cromwell Lane, which is located
immediately to the north of the Proposed Scheme and on the east side of the road,
will also need to be demolished to allow for the construction of the Proposed Scheme.
Community infrastructure
5.4.32
The Burton Green village hall will need to be demolished to facilitate construction of
the Proposed Scheme. The hall is a well used and valued community resource, with
regular bookings on a daily basis for a range of private and group events, including
sports and leisure groups, art classes, parish council meetings, resident association
meetings and use by the Burton Green Congregation as a place of worship once per
month. The charitable trust which manages the hall estimates that the hall has 29
groups which use the hall on a regular basis for organised events and that over 14,000
people have visited the hall in the period September 2011 to September 2012. There
are no other community halls or meeting venues in the village; with the nearest
alternative being more than 2km away at Westwood Heath on the edge of Coventry.
Neither the Peeping Tom public house on the north side of the village at Cromwell
Lane, nor the School at Hob Lane have function rooms which are available for private
bookings and community events. The demolition of the hall will therefore leave
Burton Green without any facilities available for community use and will leave some
members of the community without convenient access to other alternative organised
activities and events or opportunities to meet or participate in social gatherings,
including religious worship, for which there are also no other alternatives locally.
Given the importance and value of the village hall to the local community the loss is
assessed as giving rise to a major adverse effect, which is significant.
5.4.33
It is proposed to use the powers within the hybrid Bill to mitigate the effects on the
community arising from the demolition of the Burton Green village hall. The limits of
land identified in the Bill make provision to acquire an area of land adjacent to the
primary school in the village on which a replacement facility could be provided. HS2
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CFA Report – Stoneleigh, Kenilworth and Burton Green/No 18 | Community
Ltd is willing to work with the village hall trustees to assist them with the provision of
a replacement facility in another location if this is their preferred option.
Recreational PRoW
5.4.34
The Kenilworth Greenway, which also forms part of the Sustrans NCR No. 523 and the
Coventry Way long distance trail is crossed by the boundary for the Proposed Scheme
from a point about 500m south of Cromwell Lane, northwards to the boundary of this
part of the study area. The Proposed Scheme follows the alignment of the Kenilworth
Greenway initially above ground and then passing beneath it in tunnel through the
centre of Burton Green.
5.4.35
The scheme design makes provision to reinstate the Greenway on top of the tunnel
structure once the works are completed. At Cromwell Lane, a new signal controlled
crossing will be provided for users of the Greenway to cross the road at-grade, rather
than beneath the road as is presently the case. The Greenway will also be
permanently diverted from its current position to pass around both of the portal
structures at either end of the tunnel section.
5.4.36
Whilst there is therefore no permanent severance or loss of use of the Greenway,
users will have to negotiate additional crossings of the access road to the south portal
and Cromwell Lane in the centre of the village, which will impair the value of what is
currently an off-road recreational route. The Proposed Scheme will also require some
changes to the gradient of the Greenway where it rises up to cross Cromwell Lane
above the new tunnel structure, which may affect the enjoyment for some users.
Access to the Greenway at Cromwell Lane will be at-grade which may offer some
benefit for users with impaired mobility compared with the sloping pathway which
currently provides access down to the Greenway alongside No. 301 Cromwell Lane.
Overall, having regard to the importance and value of this route locally, the
permanent realignment of the Greenway is assessed as giving rise to a moderate
adverse effect on users, which is significant.
Beechwood
Temporary effects
Residential properties
5.4.37
88
The Proposed Scheme crosses the B4101 Waste Lane between Catchems Corner to
the west and Beechwood to the east. During construction, a group of 16 residential
properties at the B4101 Waste Lane on either side of the Proposed Scheme are likely
to be affected by a combination of visual effects together with significant increase in
HGV construction traffic using the road. The works, which include the construction of
the B4101 Waste Lane overbridge, the formation of a temporary route for the
Kenilworth Greenway together with the operation a satellite construction compound
on the west side of the Proposed Scheme are expected to last for at least 12 months.
During this time, the combination of significant visual and HGV traffic effects will give
rise to a major adverse effect on the amenity of residents in this area. Properties at
Waste Lane that are likely to be affected by a combination of significant amenity
effects include: Little Beanit Farm, Squirrels Jump, Field House, Fairways, Batavia
House, Almond House, Gillingwood, Brendon Cottage, Saddlestones, Braeburn,
Castlemorton, Burnley Gap, Brentwood, Fieldgate, Silver Birches and Old Hall.
CFA Report – Stoneleigh, Kenilworth and Burton Green/No 18 | Air quality
 keeping soil stockpiles away from sensitive receptors where reasonably
practicable, also taking into account the prevailing wind direction relative to
sensitive receptors;
 using enclosures to contain dust emitted from construction activities; and
 undertaking soil spreading, seeding and planting of completed earthworks as
soon as reasonably practicable following completion of earthworks.
Assessment of impacts and effects
Temporary effects
4.4.3
Impacts from the construction of the Proposed Scheme could arise from dustgenerating activities and emissions from construction traffic. As such, the assessment
of construction impacts has been undertaken for human receptors sensitive to dust
and exposure to NO2 and PM10, as well as ecological receptors sensitive to dust.
4.4.4
An assessment of construction traffic emissions has been undertaken for two
scenarios in the construction period: a Without the Proposed Scheme scenario and a
With the Proposed Scheme scenario.
4.4.5
In the Stoneleigh, Kenilworth and Burton Green area, dust-generating activities will
comprise demolition and the construction of new structures and earthworks, including
the movement of materials along haul roads along the line of the Proposed Scheme,
as well as potential dust and mud deposited on to public highways from vehicles
travelling to and from construction areas.
4.4.6
A construction dust assessment was undertaken for the 12 locations where residential
properties are located, at Burton Green Primary School on Hobs Road and at the
location of the six ecological receptors, due to their close proximity to the dust
generating activities identified. The locations with residential properties were: along
the A445 Leicester Lane, north-east of the Proposed Scheme; along the A445
Leicester Lane, south-west of the Proposed Scheme; along the B4113 Stoneleigh
Road, Stoneleigh Park; adjacent to the A46 Kenilworth Bypass, Kenilworth; around
Dalehouse Lane, Kenilworth; at Dalehouse Farm, Dalehouse Lane, Kenilworth; at
Millburn Grange, off the A429 Kenilworth Road, Crackley; along the A429 Kenilworth
Road, Crackley; along the A429 Coventry Road; at Birches Wood Farm, Crackley Lane;
in Burton Green along Red Lane, Cromwell Lane and Hodgett’s Lane; and along the
B4101 Waste Lane, Balsall Common.
4.4.7
The ecological receptors were: River Avon LWS; Kenilworth Road Spinney LNR) and
LWS; Broadwells Wood LWS; Black Waste Wood LWS; Big Poors and Little Poors
Wood LWS and Beanit Farm Hedge LWS.
4.4.8
Given the application of the mitigation measures set out within the draft CoCP, the
construction dust assessment determined that of the locations where residential
properties are present the magnitude of impact at properties along the A445 Leicester
Lane, south-west of the Proposed Scheme; at Millburn Grange, off the A429
Kenilworth Road; properties in Burton Green along Red Lane, Cromwell Lane and
Hodgett's Lane and along the B4101 Waste Lane will be slight adverse (which is not a
significant effect), due to the presence of residential properties within 20m of the dust
generating construction activities. The magnitude of impact will be negligible at the
71
CFA Report – Stoneleigh, Kenilworth and Burton Green/No 18 | Air quality
other residential locations assessed. At Burton Green Primary School, Hobs Lane the
magnitude of impact will be negligible. The magnitude of effect will be negligible at all
of the ecological receptors.
4.4.9
Overall, the construction dust assessment determined that the air quality effects will
not be significant. The basis for this conclusion is presented in full in Volume 5:
Appendix AQ-001-018.
4.4.10
Construction activity could also affect local air quality through the emissions
associated with additional traffic generated on roads as a result of construction traffic
routes, temporary road realignments and changes to traffic patterns arising from
temporary road diversions. Screening was undertaken to identify locations requiring
assessment.
4.4.11
Six locations within the Stoneleigh, Kenilworth and Burton Green area met the criteria
for more detailed assessment of change in traffic emissions during the construction
phase. This assessment found that the predicted increase in construction traffic on the
A46 Kenilworth Bypass, A429 Kenilworth Road, A429 Coventry Road and B4101
Waste Lane was sufficient to require assessment of changes in air quality at receptors
around these roads. In addition, the proposed temporary road realignment on
Cromwell Lane gave rise to the requirement for assessment at receptors around this
road. These assessments found that the magnitude of impact will be negligible at all
receptors assessed for NO2 and PM10.
4.4.12
Therefore, the effect on air quality due to construction traffic will not be significant.
The basis for this conclusion is presented in full in Volume 5: Appendix AQ-001-018.
Permanent effects
4.4.13
There are no permanent effects anticipated to arise during construction of the
Proposed Scheme.
Cumulative effects
4.4.14
There are no cumulative effects anticipated to arise during construction of the
Proposed Scheme.
Other mitigation measures
4.4.15
No other mitigation measures during construction are proposed in relation to air
quality in this area.
Summary of likely residual significant effects
4.4.16
The methods outlined within the draft CoCP to control and manage potential air
quality effects are considered effective in this location and no residual significant
effects are considered likely.
4.5
Effects arising from operation
Avoidance and mitigation measures
4.5.1
72
No mitigation measures are proposed during operation in relation to air quality in
this area.