Comment

Representation ID: 22621

Received: 29/09/2021

Respondent: Chief Constable of West Midlands Police (CCWMP)

Agent: Tyler-Parkes

Black Country Plan Draft Plan Regulation 18 Consultation: Preferred Options



Formal Representations on behalf of the Chief Constable of West Midlands Police.



We act for the Chief Constable of West Midlands Police (CCWMP) and are instructed to
make representations on local development documents in respect of securing policy
reference in such documents to matters including:

• Recognising the community need for securing safe environments with crime
reduction made a priority;



• Requiring developers to demonstrate how proposals address community safety
and crime prevention in Design & Access Statements, or other relevant planning
application documents;



• Promoting a safe and secure entertainment, leisure and evening economy;



• Ensuring the timely and effective engagement of the police and other emergency
services to ensure effective delivery of infrastructure projects required as a result
of development growth with the recognition that the police are a social
infrastructure delivery agency;



• In appropriate cases, seeking financial contributions towards the additional
expenditure burden placed on West Midlands Police as a consequence of
development proposals and growth;



• Ensuring the timely and effective engagement of the police and other emergency
services in the planning processes in relation to matters likely to affect crime and
fear of crime; and Ensuring the timely and effective engagement of the police and other emergency
services in relation to Counter-Terrorism matters. For example, Counter
Terrorism Security Advisors can give appropriate advice concerning Vehicle-
Borne Devices (VBD) mitigation and the Crowded Place agenda (particularly in
relation to shopping areas and the night-time economy).



Section 17 of the Crime and Disorder Act 1998 states, ‘Without prejudice to any other
obligation imposed on it, it shall be the duty of each authority to which this section
applies to exercise its various functions with due regard to the likely effect of the exercise
of those functions on, and the need to do all that it reasonably can to prevent, crime and
disorder in its area’.



The CCWMP clearly has a statutory duty to secure the maintenance of an efficient and
effective police force for its area and, of course, the Council is also statutorily required to
consider crime and disorder and community safety in the exercise of its duties with the
aim of achieving a reduction in crime.



The CCWMP is grateful for the opportunity to comment on the Draft Black Country Plan
(BCP).



To avoid repeating the background information on each BCP Comment Forms we
formally request that this letter is read in conjunction with each and every one of
the submitted Comments Forms.



Comments Forms are submitted on the following Policies:



• CSP4 Achieving well-designed places
• CSP5 Cultural Facilities and the Visitor Economy
• HW1 Health and Wellbeing
• HOU4 Accommodation for Gypsies and Travellers
and Travelling Show people
• HOU6 Houses in Multiple Occupation
• CEN1 The Black Country
• ENV7 Canals
• ENV9 Design Quality
• DEL1 Infrastructure Provision



(Please note: the Comments Form does not provide the option of ticking a box to support
aspects of a policy and object to other parts/omissions in the policies. We have therefore
generally ticked the ‘object’ box on the form, but it is important to emphasise that the
CCWMP welcomes many aspects of the emerging BCP.)



A summary of the support and objections is also reproduced within this letter for
completeness and ease of reference.



In addition, a copy of a letter dated 9th July 2020 (with appendices), submitted on behalf
of the CCWMP to the four Black Country local planning authorities is resubmitted with this
letter to form part of the current response to the Regulation 18 consultation. The letter
sets out the need for developer contributions towards Police infrastructure and provides background information in support of the representations submitted to Policy DEL1
‘Infrastructure Provision’ in the Draft BCP.



Background Relevant to, and to be read in
conjunction with, all Comments Forms
submitted on behalf of the CCWMP



Planning Policy



National Planning Policy Framework, July 2021


1. The National Planning Policy Framework (NPPF), July 2021, paragraph 2 states that
the NPPF must be taken into account in preparing the development plan and is a
material consideration in planning decisions. Planning policies and decisions must
also reflect relevant international obligations and statutory requirements.



2. Paragraph 7 explains that the purpose of the planning system is to contribute to the
achievement of sustainable development. Paragraph 8 identifies three overarching
objectives for the planning system: an economic, social and an environmental
objective. These objectives include identifying and coordinating the provision of
infrastructure and fostering a well-designed and safe built environment to support inter
alia communities’ social well-being. Paragraph 9 states that these objectives should
be delivered through the preparation and implementation of plans.



3. It is noteworthy that the July 2021 revisions to the February 2019 NPPF include a
change to the wording of paragraph 11 giving greater prominence/emphasis to the
need to ‘align growth and infrastructure’ when plan-making.



4. Paragraph 16 of the NPPF confirms that Plans should be prepared with the objective
of achieving sustainable development and should be shaped by effective engagement
between plan-makers and local organisations and statutory consultees.



5. Paragraph 35 of the NPPF states that Local Plans are examined to assess whether
they are ‘sound’, which necessitates an evaluation to determine whether they have
been positively prepared, justified, effective and consistent with national policy. In
terms of whether a plan is justified, they should be based on proportionate evidence.



6. Chapter 8 ‘Promoting healthy and safe communities’ identifies at paragraph 92 that
planning policies and decisions should aim to achieve healthy, inclusive and safe
places, which are safe and accessible, so that crime and disorder and the fear of
crime do not undermine the quality of life or community cohesion.



7. Paragraph 96, introduced in the revised 2021 version of the NPPF, explains that to
ensure faster delivery of other public service infrastructure including criminal justice
accommodation, local planning authorities should work proactively and positively with
promoters, delivery partners and statutory bodies to plan for required facilities and
resolve key planning issues before applications are submitted.
8. Paragraph 97 states that planning policies and decisions should promote public safety
and take into account the wider security and defence requirements. This should be
achieved by:

a) anticipating and addressing possible malicious threats and natural hazards,
especially in locations where large numbers of people are expected to
congregate. Policies for the relevant areas (such as town centre and
regeneration frameworks) and the layout and design of developments, should
be informed by the most up-to-date information available from the police and
other agencies about the nature of potential threats and their implications. This
includes appropriate and proportionate steps that can be taken to reduce
vulnerability, increase resilience and ensure public safety and security; and



b) recognising and supporting development required for operational defence and
security purposes and ensuring that operational sites are not affected adversely
by the impact of other development proposed in the area



9. Paragraph 130(f) states that planning policies and decisions should ensure that
developments, amongst other requirements, create places that are safe, inclusive and
accessible and which promote health and well-being, with a high standard of amenity
for existing and future users; and where crime and disorder and the fear of crime do
not undermine the quality of life or community cohesion and resilience.



10. Paragraph 134 emphasises that development that is not well designed should be
refused, especially where it fails to reflect local design policies and government
guidance on design.



Planning Practice Guidance



11. The national ‘Planning Practice Guidance’ (PPG) is updated on a rolling piecemeal
basis to reflect policy and legislative changes. In the context of design, the PPG,
revised October 2019, Paragraph:001 reference ID: 26-001-20191001 states that
well-designed places can be achieved by taking a proactive and collaborative
approach at all stages of the planning process. To be read alongside this guidance,
The National Design Guide sets out the characteristics of well-designed places and
highlights in the section entitled ‘Public Spaces’ that well-designed places should feel
safe and help overcome crime and the fear of crime.



12. Paragraph: 001 Reference ID: 26-001-20191001 reiterates that paragraph 130
(renumbered to paragraph 134) of the NPPF sets out that permission should be
refused for development of poor design that fails to take the opportunity of promoting
healthy and safe communities.



13. Paragraph: 004 Reference ID: 26-004-20191001 confirms that non-strategic policies
can be used to establish more local and/or design principles for an area, including
design requirements for site specific allocations.



14. The PPG also includes a section entitled ‘Healthy and Safe Communities’, which emphasises that planning provides an important opportunity to consider the security
of the built environment, those that live and work in it and the services it provides.



15. ‘Supporting Safe Communities’ Paragraph 009 Reference ID: 53-009-20190722,
revised July 2019, highlights the importance of Section 17 of the Crime and Disorder
Act 1998 (as amended) which requires all local, joint and combined authorities to
exercise their functions with due regard to their likely effect on crime and disorder and
do all they can to prevent crime and disorder. Crime for these purposes includes
terrorism. It explains that planning provides an important opportunity to consider the
security of the built environment, those that live and work in it and the services it
provides.



16. Paragraph: 010 Reference ID:53-010-20190722 sub-titled ‘How can planning help to
achieve resilient places?’ states that good design that considers security as an
intrinsic part of a masterplan or individual development can help achieve places that
are safe as well as attractive, which function well and which do not need subsequent
work to achieve or improve resilience. However, good security is not only about
physical measures and design; it requires risks and mitigation to be considered in a
holistic way.



17. The PPG highlights that local authorities may find it helpful (either through decision
taking or plan making) to undertake a Security Considerations Assessment (SCA), or
to take into account a SCA process undertaken by developers and other applicants
as part of the design of new developments. A SCA is a mechanism by which
organisations can demonstrate, through a fully documented process, that potential
security-related vulnerabilities have been identified, assessed and where necessary,
addressed in a manner that is appropriate and proportionate (Paragraph: 010
Reference ID: 53-010-20190722).



18. The PPG confirms that good design means a wide range of crime from theft to
terrorism are less likely to happen by making committing those crimes more difficult.
It helps create safer places, infrastructure and buildings that are less vulnerable to
terrorist attack and should an attack take place, where people are better protected
from its impacts (Paragraph:010 Reference ID: 53-010-20190722).



19. The PPG also states (Paragraph: 011 Reference ID: 53-011-20190722) that for all
locations which will generate crowds in public places, applicants and local planning
authorities should consider appropriate security measures in the design of buildings
and spaces. Good counter-terrorism protective security can also support wider
prevention. The PPG identifies a number of sources of guidance in this respect
including ‘Protecting Crowded Places: Design and Technical Issues’, which refers to
‘Secured by Design and ‘Safer Parking’ standards.



(https://www.gov.uk/government/publications/protecting-crowded-places-design-
and-technical issues)



20. Paragraph: 011 Reference ID: 53-011-20190722 also states that the consideration of
security requirements will need to be proportionate to the size and nature of the
development, the anticipated number of users and the wider setting. As well as understanding the purpose of the site, how it will operate and its potential to be
regularly crowded, consideration will need to be given to the measures that directly or
indirectly mitigate identified threats as far as is proportionate. This could include
protection of the public from vehicles used as weapons or as an Improvised Explosive
Device.



21. In terms of Plan making, Paragraph 042 reference ID: 61-042-20190315 (March
2019) provides that in evidence gathering, strategic policy-making authorities where
appropriate, will need to:



• Work with the Police and other security agencies to develop and implement a
local strategy to guide proposals for appropriate security measures at public
buildings and spaces;
• Work with local Police Counter-Terrorism Security Advisors, Crime Prevention
Design Advisors, Designing Out Crime Officers and Architectural Liaison
Officers where appropriate to ensure that they inform them of planning
applications concerning the development of crowded places, transport hubs
and critical infrastructure;
• Involve Police and appropriate design advisers in the preparation of site
allocations in emerging plans.



Chief Planning Officer letter, July 2017



22. On the 12th July 2017, a letter from the Chief Planning Officer was published by the
Department of Communities and Local Government. This reminded local planning
authorities of the important role the planning system plays in ensuring appropriate
measures are in place in relation to counter-terrorist and crime prevention security. It
encourages, where appropriate, pre-application discussions between planning
officers and security advisors, such as Counter Terrorism Security Advisors and
Police Crime Prevention Design Advisors, to ensure that authorities and applicants
share an understanding right at the beginning of the design process, of the level of
risk and the sort of measures available to mitigate the risk in a proportionate and well-
designed manner. In addition to the need for reference to be made to the requirements
in the NPPF and the PPG, the letter also states that reference should be made to the
guidance ‘protecting crowded places: design and technical issues’.



‘Protecting crowded places: design and technical issues’, April 2014

23. Protecting crowded places: design and technical issues’, updated in April 2014, is
aimed at everyone involved in the planning, design and development of the built
environment to give advice about counter-terrorism protective security design.



Black Country Core Strategy (BCCS), 2011



24. The BCCS recognises in the supporting justification text for Policy DEL1 Infrastructure
Provision, that in addition to overall targets and standards set in the Core Strategy,
there would also be locally specified requirements, such as crime prevention measures.

Conclusions



71. The CCWMP has a statutory duty to secure the maintenance of an efficient and
effective Police force for its area and the Council has a statutory requirement to
consider crime, disorder, and community safety in the exercise of its planning functions.



72. It is requested that in accord with national planning policy, the theme of community
safety and crime prevention is given prominence in the Black Country Plan to promote
improvements in community safety, reducing crime, fear of crime and anti-social
behaviour, which are vital objectives in the context of creating sustainable communities.



73. The CCWMP formally requests that relevant officers are invited to be involved in
formulating appropriately worded policies. Joint working in partnership with the West
Midlands Police will help to ensure a sustainable plan which meets the requirements of
the NPPF. The CCWMP welcomes work to date securing a Service Level Agreement
setting out the protocol for joint working on responding to planning applications and
pre-application advice requests as appropriate.



74. The local police Senior Leadership Team and Neighbourhood Policing Unit are likely
to have detailed knowledge about site specific issues in respect of crime and safety
and any needs arising from the proposed additional residential and employment land
allocations in specific areas. Additionally, the centrally-based Design Out Crime Team
(DOCT) have extensive knowledge of security measures and ‘Designing Out Crime’.
The CCWMP requests that the Senior Leadership Team, Local Policing Unit and
Design Out Crime Officers are engaged in policy implementation and delivery once the
Black Country Core Strategy Review is adopted.