Support

Representation ID: 21289

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

Draft Policy GB1 – The Black Country Green Belt

Draft Policy GB1 confirms that ‘The Black Country Green Belt’ will be preserved from inappropriate development (as defined in the National Planning Policy Framework) so that it continues to maintain its openness and serve its key functions. The boundary of the Green Belt is as defined on the Draft Policies Map for each authority.

Part 2) sets out that for sites removed from the Green Belt and allocated to meet housing, employment or other needs through the Plan (such as our Site):

a. “The design of development will include physical features that define the new green belt boundary in a readily recognisable and permanent way; and
b. Compensatory improvements to the environmental quality, biodiversity and accessibility of remaining green belt land will be secured to offset the impact of removing the land from the green belt, in accordance with national policy.”

As demonstrated by the Concept Plan submitted as part of these representations, defensible boundaries to the Green Belt are provided in line with part (a) of the policy, including the railway line and woodland to the north, Middlemore Lane West and existing residential development to the east, and Bosty Lane to the south-west. The proposals have been sensitively designed in order to retain all existing boundary hedgerows, with a 10 metre buffer to the railway line along the northern boundary. In terms of part (b), whilst Owl Homes are supportive of the principle of providing compensatory improvements to the Green Belt to offset the impact of removing land, it is considered that any requests should be proportionate to each individual scheme in order to be ‘justified’. Any contributions requested in relation to this point would also be considered in line with the planning obligation tests set out at paragraph 57 of the NPPF and Regulation 122 (2) of the Community Infrastructure Levy Regulations 2010. It is therefore suggested that the policy wording be amended to provide more flexibility and state “proportionate compensatory improvements…..”.

As emphasised elsewhere within these representations, Owl Homes welcomes the Council’s decision to release the Site from the Green Belt. Paragraph 140 of the NPPF sets out that Green Belt boundaries should only be altered where ‘exceptional circumstances’ are fully evidenced and justified, through the preparation or updating of plans. The supporting text to draft BCP Policy GB1 ‘The Black Country Green Belt’ identifies that exceptional circumstances have been demonstrated to remove certain areas of land from the Black Country Green Belt to meet housing and employment needs. This is in accordance with the NPPF, paragraph 139 and case law, namely that of Calverton Parish Council v Greater Nottingham Councils [2015] EWHC 1078 (Admin). We concur with the view of the BCA that exceptional circumstances exist at the strategic level to justify the release of Green Belt sites.
Section 4 – Infrastructure and Delivery