Object

Representation ID: 21335

Received: 11/10/2021

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

[DUH003 - Site at Bott Lane]

The land at Bott Lane can continue to contribute to meeting the identified employment land needs of the Black Country Plan, within an already established industrial location. The site benefits from temporary planning permission for the use as an aggregate sorting and recycling facility until 2026 (ref. P20/ 1801), the decision notice is attached at appendix EP 1 (see attachment). The facility has and continues to provide employment benefits and it is considered that there are no constraints in terms of the connections to local services and infrastructure which would prevent the continued use of the site for employment purposes. It is considered that the continued and permanent operation of our client's business from this site will contribute to and be complimentary to the regeneration objectives of the plan and assist with delivering wider sustainability and development objectives.

Policy HOUl - Delivering Sustainable Housing Growth


3.1 Proposed Policy HOU 1 identifies housing allocations in Black Country Areas. Land at Bott Lane is identified for the delivery of 168 dwellings within allocation DUH003 and the BCP states it is likely to come forward as part of the Lye regeneration project; however, the site should be considered for other uses for the reasons discussed below and in the remainder of these representations.

3.2 Policy HOUl at paragraph 6.6 also acknowledges the fact that the allocations of occupied employment sites can have "multiple delivery constraints that typically affect such sites and that are likely to reduce delivery on a minority of sites", including poor ground conditions. Policy HOUl cannot be considered sound in regard to this site allocation.

3.3 In summary, the allocation of sites such as DUH003 for housing development is not effective. The viability of delivering housing on occupied employment sites is uncertain and the BCP acknowledges that there are constraints relating to this

The market

8.4 There is no evidence of any developer interest in site DUH003. It is unlikely that a housing developer is likely to come forward to develop the site in the short and medium term, considering the site neighbouring a heavy industrial area which is no longer allocated for housing or relocating.

8.5 The removal of The Vanguard Foundry as an allocation, owing the fact that the exiting premises within this location are well occupied, reflects a clear demand for employment land in this location.

8.6 Paragraph A34 of Chapter 13 recognises the need to realise the economic potential of The Jewellery Line Core Regeneration Area. The Core Regeneration Areas strive for both housing and business regeneration, therefore the protecting existing sustainable employment sites within these areas would also meet the strategy objectives whilst ensuring the regeneration areas can be developed. The operations at our client's site are actually part and parcel of the employment regeneration of the area as they are focussed on the green economy in terms or achieving high levels of recycling and re-use of materials for use in the utilities, infrastructure and construction sectors.

9. Proposed allocation: Land at Bott Lane, Lye


9.1 Pegasus Grab Hire Ltd's interest relates to land at Bott Lane, Lye. The site is also known as West of Engine Lane under housing allocation DUH003 (site assessment ref. SA-0227-DUD). A site location plan is provided at appendix EP3.

9 .2 The site comprises the existing premises of Pegasus Grab Hire Ltd, with the existing use for the recycling of aggregate material granted temporary planning permission until 1s September 2026 under application P20/ 1801. Since the grant of previous planning permission P 18/0218, the site has been occupied by our client and been fully operational. During this period, the site has operated in accordance with the planning permissions, without causing harm to the amenity of the nearby existing residential properties. The site has an area of 2.13ha.

9 .3 It is proposed that the land be removed as a housing allocation and instead forms part of the

Local Employment Areas.


Proposed allocation

9.4 It is our client's intention to seek permanent permission for the use of the site at Bott Lane as employment land in connection with aggregate sorting and recycling facilities. Although allocated for residential development, the viability of delivering housing on the site is unknown due to its former and current uses, a point acknowledged in the plan and referenced earlier above. These representations and the limited long-term prospects highlight that the site would be more suitable for employment/ waste recycling.

9 .5 Pegasus Grab Hire Ltd has made improvements to the site and site management procedures when compared to its previous use by Helix. Such improvements to the site include the provision of:

• Acoustic fencing to the site's eastern boundary;

• Provision of a 3m noise attenuation earth bund;

• Provision of an electric vehicle charging point; and

• The implementation of a dust suppression and management plan including the provision of wheel wash systems, closed mesh netting to the site boundary, water sprinkler suppression systems and highway cleaning.


9 .6 The site is in a sustainable location with easy access of a range of methods of public transport. It is located approximately 200m to the West of Lye train station, with bus stops located on Dudley Road to the east and providing a regular service every 20 minutes.

9.7 The site is also well located to serve its primary customer base both within this area of the West Midlands and beyond, especially given the proximity of a number of commercial premises and industrial estates. Additionally, the company provides services to a number of public bodies in the locality which also rely on the ease of access which this location provides for the company to address their requirements. The location of the business in respect of its customer base is another element of locational sustainability that is equally as important as the accessibility of the site for employees. The business has and continues to help address the need for economic growth in regeneration areas.

9.8 The site is located in an area which is primarily characterised by commercial activity, with various commercial and industrial uses taking place in the area immediately surrounding the application site. To the north of Bott Lane is the Vanguard Foundry and vehicle salvage yard. To the west of the site is an existing substation, and the Stambermill industrial estate. If the site were to be reallocated as Local Employment Land, it would continue the Local Employment Land to the west which it adjoins.

9.9 The removal of the site as a housing allocation would not have an adverse effect on the Core Regeneration Area as the continued use of the site as an aggregate sorting and recycling facility would be sustainable and would assist in meeting the needs indicated in the BCP and discussed throughout these representations.

Site Assessment Report

9.10 We object to the site assessment of our client's site at Bott Lane (ref. SA-0227-DUD).


9 .11 The assessment refers to developing the site for housing in association with the land to the north as the best opportunity for the site. The site to the north, The Vanguard Foundry, no longer forms part of the housing allocation, therefore the allocation cannot be justified.

9 .12 The assessment conclusion also states that the aggregate recycling use has the potential to create noise, dust and disturbance to new residential properties. The site has had no significant impact on residential uses in the surrounding area, a point underscored by the fact that a further planning permission has recently been granted with all the matters fully assessed. The recycling of aggregate material has been in operation on site since the granting of planning permission P 18/0218. Since then, the site has operated in accordance with the planning permissions, without causing harm to the amenity of the nearby existing residential properties, therefore it is unlikely to have a significant effect on any future developments if the use were to remain. The assessment also identifies that there is great potential for contamination as a result of the use and the landfill site to the north, which may have an effect on any future housing developments.

9 .13 As discussed in paragraph 5.2, The Vanguard Foundry is also likely to affect any future developments in the area, including our client's site if it were to be delivered for housing.

9 .14 The assessment is outdated and should not inform the allocation of the site for housing. The factors involved in assessing the site have changed significantly and the site is not a suitable housing allocation.

Planning considerations

Policy CSP2

9 .15 Policy CSP2 aims to regenerate both housing and employment. The employment use of the site would not be detrimental to the policy as it would still generate sustainable development within The Black Country. The Core Regeneration Area would still meet the BCP objectives.

9.16 The site at Bott Lane is currently in an employment generating use and comprises an existing aggregate sorting and recycling facility. As outlined above in Section 1 of this statement, the site benefits from a temporary planning permission (ref: P20/1801) for the current operations on site, with our client looking to obtain a planning permission to secure their continued use of the site.

9.17 The site is in a sustainable location and has continually provided jobs since the granting of planning permission for its current use. The existing use merges well with the surrounding facilities, such as Environcom Recycling Ltd who recycle household electricals on site, Vanguard Foundry and vehicle salvage yard and the Stambermill industrial estate. It is easily accessible to its customer base and employees, including public bodies in the locality which rely on the ease of access. The waste facility is in a highly sustainable location and helps to meet the economic growth objectives in line with Policy CSP2.

9 .18 The site currently forms employment land which is fully operational and is not underused or of poor quality. Additionally, and as discussed in Section 3 of these representations, there is a shortfall of employment land which the site can help to address.

9 .19 The continued use of the site for recycling would not conflict with Policy CSP2.


Waste sites

9 .20 Policy W2 of the plan relates to waste sites, the safeguarding and proposals for housing on such sites.

9.21 The Waste Study 2020 found that the Black Country is currently short of recycling sites. Housing and employment growth is predicated to increase over the plan period which will further increase the shortfall, therefore more recycling sites are required to address the need.

9 .22 The site has temporary permission for the current use; however, this permission has not expired and the site can continue to operate as existing until September 2026. This use is not expected to cease before the expiry of the permission and as previously mentioned, our client would seek to make this use of the site permanent as the efforts to date to find alternate premises within their geographical area of operation has come to naught and with little prospect of alternate suitable sites becoming available, especially given the allocation of employment sites for housing land.

9 .23 Although the site is allocated for housing within one of the Core Regeneration Areas, the economic benefits of the continued use of the site for recycling and assisting with meeting sustainability objectives is considered to be a significant consideration.

9.24 The BCP has also not identified any other potentially suitable sites for the business to relocate to.

Our client has also looked at potential relocation sites, however none are available.


9.25 Policy W2 states that proposals for housing will not be permitted unless certain criteria are met, which are addressed as follows:

• The site has temporary permission, however the site and infrastructure are considered to be suitable for the continued use as a recycling site.
• The likelihood of the site being delivered for housing is unlikely and the regeneration area proposals are not considered to be sound. The benefits of delivering housing on the site do not outweigh those provided if the site were to remain as a waste site.
• No suitable replacement site or infrastructure has been identified or permitted through the
BCP as discussed in Section 5.

9 .26 The existing recycling facilities located at Bott Lane are unique within the Black Country area, and are highly efficient enabling 100% diversion of inert waste from landfill and the recycling of materials to provide high quality aggregates. Our client's operations make a significant positive contribution in meeting targets for the recycling of materials and moving waste up the waste management hierarchy, but also significantly reducing the need for the quarrying of virgin materials.

9 .27 Overall, the proposed use for housing would lead to a loss of a recycling site which the BPC has an identified need for, therefore the allocation cannot be justified.

10.4 The permanent use of the site for recycling of aggregate material would address the growing need for such facilities and conform with Policy W2.

10.5 Overall, the site can bring benefits to the Core Regeneration Area through sustainable development which is already present on site. The site at Bott Lane should be reallocated as Local Employment Land/ Waste Site for the reasons stated in these representations.