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Representation ID: 22401

Received: 11/10/2021

Respondent: RCA Regeneration Ltd

REPRESENTATION TO REG 18
DRAFT BLACK COUNTRY PLAN
in respect of
Land off Riverbank Road, Willenhall
on behalf of
ASW Property Ltd

CONTENTS
1. INTRODUCTION
2. REPRESENTATION
3. CONCLUSION

1. INTRODUCTION
1.1. This is a representation to the Regulation 18 Draft Black Country Plan which is subject to
consultation until 11 October 2021. It is made on behalf of ASW Property Ltd, in respect of their
land off Riverbank Road, Willenhall, Walsall. The site entirely falls within Walsall Borough.
1.2. The site is an area of undeveloped land lying directly between a housing development
(Riverbank Road, Evenlode Grove and Bure Grove) and the former Severn Trent Water Treatment
Works to the south east and it is shown in red, edged in green below:
[See Map 1 Attachment]
1.3. The site includes an earth bund, which was presumably necessary at one point to separate the
water treatment works and the housing (constructed by Bloor Homes), but as the works are no
longer in operation, this is no longer required.
1.4. We note that the former treatment works are now proposed as an employment site in the Reg 18
Black Country Plan (WAE333) (see site in blue overleaf) and as such, ASW Property would like to
object to this allocation, on the grounds that as the site is surrounded by housing, it would make
far more sense to allocate the site for further housing development.
1.5. Further, the land owned by ASW Property is shown as Green Space, but the land is not publicly
accessible for this purpose and never has been. They object to this designation and wish to be
included as an allocation for housing.
[See Map 2 Attachment]
Source: Black Country Reg 18 Plan Proposals Map
1.6. ASW are promoting their site for inclusion as housing in the emerging Black Country Plan and
would like the Black Country authorities to consider this alternative.
1.7. The remainder of this representation document is as follows:
• Representation
• Conclusion
2. REPRESENTATION
2.1. The Willenhall Sewage Works site is a ‘carry over’ from the previous Site Allocations document
(Ref IND5) as shown in Table 37 and has remained undeveloped since the works were
decommissioned. Regeneration proposals were being put forward in 2018 for the site (where an
EIA Screening Opinion was sought for ‘employment uses (B1,B2, B8) with potential for sui generis
employment uses and an included access scheme from the adjacent Black Country Route’ ref
18/1578), but we are not aware of any planning applications being made subsequent to this.
2.2. ASW Property object to the allocation of the works site for employment purposes and wish for
their site to be considered as a residential allocation, together with a residential allocation on the
sewage works site.
2.3. The following table [listed] summarises the policies that we have commented on in this representation:
- HOU1 Delivering Sustainable Housing Growth 89 (Table 3 and Table 4)
- HOU2 Housing Density, Type and Accessibility 96
- HOU3 Delivering Affordable, Wheelchair Accessible and Self Build / Custom Build Housing
- CC2 Energy Infrastructure 267
- CC7 Renewable and Low Carbon Energy and BREEAM Standards
- CC5 Development and Flood Risk 282
- DEL2 Balance between employment land and housing 63
- EMP1 Providing for economic growth and jobs 124
- WAE333 Allocation of Willenhall sewage works for employment
CC5 – Flood Risk
2.19. The subject site sits outside of any area of flood risk (see yellow pin below), however a large part
of the proposed employment allocation at the water treatment works site adjacent, falls into
flood zones 2 and 3. Clearly, hydrological modelling and flood compensation measures would be
required to deliver the site, and we consider a residential scheme with SuDS (for 1 in 100 flood
events plus 40% for climate change) and large areas of open space would, in our view, be more
viable in the longer term than large areas of warehousing and yard which would require higher
levels of on site attenuation (in volumetric terms).
2.20. We have not seen evidence that a sequential test has been carried out by the council in the
selection of the site for employment purposes and this would need to be provided as part of the
justification for the proposed allocation.
[See Map 3 Attached]
DEL2 – Balance Between Employment Land and Housing
2.21. This policy at (d) states that ‘Proposals for new development must take account of existing
adjacent activities where the proposed development could have an adverse effect on or be
affected by neighbouring uses. Mitigation of the impact of noise and other potential nuisances
will need to be demonstrated.’
2.22. We consider that new employment uses on the site are likely to result in some harm to the living
conditions of residential neighbours to the site, given their proximity. It is not clear what work
has been undertaken to demonstrate that this is not an issue – as clearly the limitations placed
on hours of operation would reduce the commercial viability of the site.
3. CONCLUSION
3.1. We consider that there is a strong case to include both the land at Riverbank Road and the
former Willenhall water treatment works as a residential allocation within the Black Country
Plan. This is largely because of the fact that its neighbouring uses are all residential, its highly
sustainable location, the flood risk issues within the site as well as the previously developed
nature of the land.
3.2. The site is a ‘carry over’ from the previous BC plan and it is clear that the delivery of the site has
been significantly delayed, it is therefore not clear whether the site is indeed viable for an
employment use, in light of the known constraints.
3.3. The land at Riverbank Road is not green space which is publicly accessible – it is in private
ownership and could form part of a holistically planned new housing scheme which would better
knit in with the surrounding predominant residential uses.
3.4. Both sites in combination offer significant opportunities to add new open spaces that would be
properly managed and protected for future and existing residents, as well as better opportunities
for flood storage measures to be integrated into a scheme. Furthermore, a residential
development would not necessarily mean a new access would be required on to the Black
Country route.
3.5. We have made comments on more generic planning policies where we consider it is justified,
and we urge the BC councils to consider the points we have made.