Comment

Representation ID: 46195

Received: 11/10/2021

Respondent: Vulcan Property II Limited

Agent: Maddox Planning

The approach of the draft Black Country Plan to design quality should accord with the latest Framework guidance (paragraphs 126 to 136 inclusive of the July 2021 version). The draft policy should be clear about design expectations and how proposals will be tested against policy, having regard to national guidance and other material considerations. The references to the National Design Guide (Footnote 11), Manual for Streets (Footnote 12), NDSS (Footnote 13), Building for a Healthy Life (Footnote 14) and accordance with agent of change principles (Footnote 15) are noted but BCA should prepare design guides and/or design codes consistent with the principles set out in the National Design Guide and National Model Design Code, and which reflect local character and design preferences. If these are to follow as supplementary planning documents, given the reference to local housing design SPDs for new housing developments, then the draft development plan policy should be explicit in this regard.

11 In common with draft policy CSP4, draft policy ENV9 should provide clarity over how the BCA intend to proportionately apply any assessment frameworks, such as Building for a Healthy Life .

Paragraph 133 of the Framework sets out that assessment frameworks are ‘…particularly important for significant projects such as large scale housing and mixed use developments’. The Planning Practice Guidance (PPG) provides clarity on this, stating that:
‘Authorities may wish to refer to the use of specific frameworks in their policies or supplementary planning guidance that are most relevant to the vision for their area, although it is important to ensure that they are used in a proportionate way and do not conflict with national or local planning policy’

Whilst justified for the largest-scale, strategic development sites, in the context of the guidanceprovided by the Framework and the PPG, such processes can introduce damaging additional costs and delay in the decision making process for smaller scale developments. It is important when setting out broad policies relating to high quality design (of both places and buildings) that thresholds are introduced such that it is clear and unambiguous which developments are to be subject to which requirements. Paragraph 16 of the Framework is clear that development plans should contain policies that are clearly written and unambiguous, so it is evident how a decision maker should react to development proposals.

Draft policy ENV9 also addresses water efficiency requiring that new development ‘…meet water efficiency standards[59] of 110 litres per person per day, as set out in Part G2 of current Building Regulations 2010 or any successor legislation’. The Planning Practice Guidance requirement is 125 litres per person per day (Footnote 18) unless a clear local needs exists to justify the tighter Building Regulations optional requirement of 110 litres/person/day. Clear need is to be based upon: existing sources of evidence; consultations with the local water and sewerage company, the Environment Agency and catchment partnerships; and consideration of the impact on viability and housing supply of such a requirement.

This element of policy ENV9 should be deleted as it renders the draft policy unsound unless clear need exists.