Planning Obligations

Object

Representation ID: 18462

Received: 11/10/2021

Respondent: L&Q Estates

Agent: Pegasus Group

Paragraph 4.4 - Financial viability evidenced in the Viability and Delivery Study is not sufficient to state that there wont be mitigation which could inhibit the ability to sustain the full range of planning obligations.

Support

Representation ID: 22622

Received: 29/09/2021

Respondent: Chief Constable of West Midlands Police (CCWMP)

Agent: Tyler-Parkes

Our Reference: 10700 LPA HW



Emailed only: blackcountrycorestrategy@dudley.gov.uk
ldf@dudley.gov.uk
ldf_planning@sandwell.gov.uk
LDF@walsall.gov.uk
planning@wolverhampton.gov.uk

9th July 2020



Dear Sir/Madam



Black Country Plan Review



Evidence Gathering: Viability and Deliverability Assessments



A. The Need for Financial Contributions towards essential Police Infrastructure and
B. The Need for Police involvement in planned infrastructure.

Submission made on behalf of Chief Constable of West Midlands Police (CCWMP)



We are the Planning Consultants for the Chief Constable of the West Midlands Police
(CCWMP) and are instructed to make representations on local development documents and
evidence gathering as appropriate.



This letter comments on the Black Country Core Strategy Review and more generally on the
principle of the need for appropriately worded policies to also be included in relevant
emerging Development Plan Documents and Supplementary Planning Documents. It seeks
recognition for, and policy reference to, the requirement for financial contributions towards
the maintenance of effective Police infrastructure capable of responding to projected levels
of growth. It is also necessary for proposed new development and associated infrastructure
to meet safety and security requirements with consideration of the impact on operational
policing, such as highway safety.



This letter is submitted to formally seek involvement in the evidence gathering process
currently being undertaken to inform the preparation of policies and proposals in the emerging
Black Country Plan (BCP). It supplements the letter of representation submitted in response


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to the Black Country Core Strategy (BCCS) Issues and Options consultation, copy enclosed
for your ease of reference, dated 25th August 2017.



For the avoidance of doubt, this letter does not seek to address the vital need for policies to
consider safety, security, reducing the fear of crime, addressing malicious threats and anti-
terrorism, and crime prevention. Whilst these are matters which are intrinsic to community
health and well-being and sustainable development objectives set out in national policies,
they will largely be addressed separately in representations made on behalf of the CCWMP
in response to consultations carried out on forthcoming iterations of the BCP. At such time,
appropriately worded polices, such as a requirement for developments to Design Out crime
and Design in safety with developments meeting Secured By Design and Park Marked car
parking standards, will be sought. In the meantime, Design Out Crime Officers (DOCO’s)
would welcome the opportunity to meet with you to discuss the need for, and wording of,
emerging policies.



The revised National Planning Policy Framework (NPPF), February 2019, makes it clear at
Paragraph 34, that local planning authorities must assess infrastructure needs and
associated costs arising from proposed development to ensure the development is viable
and therefore deliverable. It states:



‘Plans should set out the contributions expected from development. This should include
setting out the levels and types of affordable housing provision required, along with other
infrastructure (such as that needed for education, health, transport, flood and water
management, green and digital infrastructure). Such policies should not undermine the
deliverability of the plan.’ (our emphasis).



Police infrastructure is necessary to provide a safe and secure environment where crime and
the fear of crime are minimised creating sustainable communities. Police infrastructure is a
nationally and locally recognised social infrastructure eligible for CIL/S106 contributions.



We would be happy to meet with yourselves and representatives of the CCWMP to discuss
the Policing infrastructure requirements set out below, in more detail and to clarify any
information or address any concerns.




Executive Summary


In order to provide and maintain an appropriate level of Police service in response to the
proposed scale of growth set out in the emerging BCP and to meet national and local policy
objectives relating to safety and security, contributions will be required through CIL/ S106
agreements.



The CCWMP formally request that this requirement is included within all proposed growth


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viability assessments.



Under the terms of the NPPF and Planning Practice Guidance, the BCP will, of course, need
to set out for each proposed site allocation the necessary contributions towards infrastructure,
including Police infrastructure, to ensure that the strategic directions of growth and site
allocations can be viably delivered and provide sustainable communities, something on which
evidence will need to be presented to the Inspector for consideration at the BCP public
Examination.



The CCWMP formally request that appropriate wording is included within:

• the overarching Delivery policy within the BCP to ensure that developers
are aware of the need to contribute towards Police infrastructure when
making any major planning application;



• the site-specific allocation policies to identify the likely scale of
infrastructure contributions required, including towards Police
infrastructure, for each site allocation;



• any Supplementary Planning Document (SPD) setting out general
requirements for S106 and CIL contributions, to ensure developers are
aware of the need to make financial contributions towards Police
infrastructure;



• any site specific SPDs/masterplans which provide further detail about site
development requirements and set out the detailed infrastructure
requirements to support the development during construction and into the
future, to ensure developers are aware of the need to make financial
contributions towards Police infrastructure;



• the Community Infrastructure Levy (CIL) charging schedule and
Regulation 123 List to include reference to the need for funding
contributions towards Police infrastructure; and



• the Infrastructure Delivery Plan (IDP) prepared in support of the BCP to
demonstrate deliverability by setting out infrastructure needs, including the
need for contributions towards Police infrastructure.



The justification for the WMP infrastructure requirements are set out in full detail in the main
body of this letter, although it should be emphasised that costs are currently under review
and may increase (for example the costings for additional support staff have yet to be
extrapolated and training costs finalised) however, the reasoning and methodology will
remain the same.


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It has been necessary to round the number of additional personnel required as a result of the
proposed development within the BCP area, either up or down to the nearest whole number.



It is important to note that the figures included within this letter relate only to the impact of the
projected increase in households as a result of projected residential development.



Based on the WMP financial figures currently available, (which would need to be Index Linked
to be responsive to changes in economic conditions), the headline infrastructure contributions
required are summarised as follows:



During the plan period 2014 to 2036 for the four Black Country Local Authority areas as
a whole, using the housing requirement of 72,322 ( i.e. 78,000 minus 5,678 completions) set
out in the BCCS Issues and Options consultation document Figure 6, page 23, published July
2017, there would be a requirement for:

• Approximately 406 additional Police Officers and 29 additional Police
Community Support Officers (PCSOs) plus 222 additional Police support
staff (note: the Police support staff have not, as yet, been costed). This
would result in a funding gap of approximately £2,175,000 for training;
£906,975 start-up costs and £9,013 towards patrol vehicles.



• Total need for contributions is approximately £3,090,988 i.e. £42.74 per
dwelling based upon the current (incomplete) costs provided by the
CCWMP and a housing requirement figure subject to change.



It is recognised that the above calculation is based on a housing requirement which is subject
to change. The housing requirement figure is likely to increase as a result of a number of
factors including: cross-boundary co-operation; the introduction of the national standard
methodology for calculating housing need; and changes in the number dwellings constructed
or sites subject to extant planning permission. However, irrespective of the total number of
dwellings required in the Black Country area, the Police infrastructure cost per dwelling
should remain very similar.



It is also vital for the CCWMP to be involved in policy formulation relating to other
infrastructure necessary to deliver sustainable development in response to the scale of
growth proposed in the BCP. It is important that the Police are involved in discussions about
the scale and location of any proposed new development and infrastructure to ensure that
the need to maintain safe and secure environments are fully taken into consideration. This
will not only relate to the need for development to meet Secured by Design and Park Mark
standards, but also in terms of the wider impacts such development may have, for example
on highway safety. Without this early involvement by the Police, there is a risk that the
infrastructure proposed may exacerbate/create problems which would undermine the


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sustainable development objectives of the plan.



The need for recognition for, and policy reference to, the requirement for financial
contributions towards the maintenance of effective Police infrastructure capable of
responding to projected levels of growth are in addition to the need for planning polices to
promote public safety and community health, and take into account wider security and
defence requirements by, for example:

• designing in crime prevention measures and requiring ‘Secured by Design’
developments and ‘Park-Marked’ standard car parking;
• requiring consideration of potential malicious threats and anti-terrorism
measures;
• ensuring the operational requirements of Police sites are not prejudiced by
nearby proposed development; and
• recognising and supporting development required for operational defence
and security purposes.



We, and representatives of the CCWMP, would very much welcome the opportunity to meet
with yourselves to discuss:



• the Police infrastructure requirements and to clarify any information or
address any concerns;
• the need for on-going involvement in the plan-making process and to agree
an approach to seeking appropriately worded polices to facilitate the
necessary financial contributions towards Police infrastructure in response
to the proposed growth; and
• to discuss with you the potential implications on safety and security of the
proposed new development and infrastructure options required to support
the growth agenda.



Dudley Borough Council, Sandwell Metropolitan Borough Council, Walsall Council and the
City of Wolverhampton Council are statutorily required to consider crime and disorder and
community safety in the exercise of their duties with the aim of achieving a reduction in crime
(Section 17 of the Crime and Disorder Act 1998).



Planning Policy Background and Material
Considerations



National Planning Policy Framework (NPPF), February 2019



1. The National Planning Policy Framework (NPPF), February 2019, paragraph 2 states
that the NPPF must be taken into account in preparing the development plan and is a


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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. 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.



4. Paragraph 20 (b) states that Strategic policies should set out an overall strategy for
the pattern and scale of development and make sufficient provision for infrastructure
for security.



5. Paragraph 28 of the NPPF deals with non-strategic policies and states that these
should set out more detailed policies for the provision of infrastructure at a local level.



6. In Chapter 3 ‘Plan Making’, at paragraph 31, the NPPF provides that the preparation
and review of all policies should be underpinned by relevant and up-to-date evidence.
This should be adequate and proportionate, justifying the policies concerned.



7. The NPPF includes a new requirement at Paragraph 34 as follows: ‘Plans should set
out the contributions expected from development. This should include setting out the
levels and types of affordable housing provision required, along with other
infrastructure (such as that needed for education, health, transport, flood and water
management, green and digital infrastructure). Such policies should not undermine the
deliverability of the plan.’ (our emphasis).



8. Paragraph 56 of the NPPF emphasises that, ‘Planning obligations must only be sought
where they meet all of the following tests: a) necessary to make the development
acceptable in planning terms; b) directly related to the development; and c) fairly and
reasonably related in scale and kind to the development.’ (Set out in Regulation 122(2)
of the Community Infrastructure Levy Regulations 2010)



9. Paragraph 57 of the NPPF explains that, ‘Where up-to-date policies have set out the
contributions expected from development, planning applications that comply with them
should be assumed to be viable… All viability assessments, including any undertaken
at the plan-making stage, should reflect the recommended approach in national


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planning guidance, including standardised inputs, and should be made publicly
available.’



10. When preparing policies to identify land for housing, paragraph 67 of the NPPF
requires that, ‘… planning policies should identify a sufficient supply and mix of sites,
taking into account their availability, suitability and likely economic viability.’ When
seeking to achieve appropriate densities of development, paragraph 122 states that,
‘Planning policies and decisions should support development that makes efficient use
of land, taking into account… b) local market conditions and viability…’



11. Chapter 8 ‘Promoting healthy and safe communities’ identifies at paragraph 91 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.



12. Paragraph 95 requires that planning policies and decisions promote public safety and
take into account wider security and defence requirements, including, ‘a) anticipating
and addressing possible malicious threats and natural hazards, especially in locations
where large numbers of people are expected to congregate. Policies for 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.’



13. Paragraph 127 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.



Planning Practice Guidance (PPG)



14. National Planning Practice Guidance (PPG) Paragraph: 001, Reference ID: 10-001-
20190509, Revision date: 09 05 2019, relates to paragraph 34 of the NPPF. It requires
that plans should set out the contributions expected from development for affordable
housing and other infrastructure. ‘These policy requirements should be informed by
evidence of infrastructure and affordable housing need, and a proportionate
assessment of viability that takes into account all relevant policies, and local and
national standards, including the cost implications of the Community Infrastructure


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Levy (CIL) and section 106. Policy requirements should be clear so that they can be
accurately accounted for in the price paid for land…Different requirements may be set
for different types or location of site or types of development.’ (our emphasis)



15. PPG Paragraph: 002, Reference ID: 10-002-20190509, Revision date: 09 05 2019,
emphasises that the role for viability assessment is primarily at the plan making stage.
It states that, ‘It is the responsibility of plan makers in collaboration with the local
community, developers and other stakeholders, to create realistic, deliverable policies.
Drafting of plan policies should be iterative and informed by engagement with
developers, landowners, and infrastructure and affordable housing providers. Policy
requirements…should be set at a level that takes account of affordable housing and
infrastructure needs and allows for the planned types of sites and development to be
deliverable, without the need for further viability assessment at the decision making
stage. (our emphasis)



16. PPG Paragraph: 003, Reference ID: 10-003-20180724, Revision date: 24 07 2018,
explains that, ‘Assessing the viability of plans does not require individual testing of
every site or assurance that individual sites are viable. Plan makers can use site
typologies to determine viability at the plan making stage…’



17. The PPG has recently been amended to further emphasise the need for planning to
assess security and to prevent crime and malicious threats, particularly in relation to
security. Under the heading ‘How can planning help to achieve resilient places?’,
Paragraph 010, Ref ID:53-010-20190722, Revision date: 22 07 2019 states:



‘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.



Local, joint and combined authorities may find it helpful (either through
decision taking or plan-making) to undertake a Security Considerations
Assessment (SCA) process or take into account a SCA process undertaken
by developers and other applicants as part of the design, construction and
management of new developments or assembling a masterplan. SCA
provides 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.



Good design means a wide range of crimes from theft to terrorism are less


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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. It can also reduce the cost and impact of security
measures by avoiding retrospective works and enable mitigating measures to
be blended into the environment.’



18. Paragraph: 010 Reference ID: 26-010-20140306 Revision date: 06 03 2014 ‘Planning
should address crime prevention’ states that, ‘…Designing out crime and designing
in community safety should be central to the planning and delivery of new
development. The prevention of crime and the enhancement of community safety are
matters that a local authority should consider when exercising its planning functions
under the Town and Country Planning legislation…’



Security Consideration Assessment, June 2019



19. The Security Consideration Assessment, (version 4), published in June 2019, referred
to in Paragraph 010, Ref ID:53-010-20190722 of the PPG, is a document produced by
the Centre for the Protection of National Infrastructure. The executive summary of the
document (page 4) states that the document is ‘intended for use by those who are
accountable and responsible for the creation, planning, design,
construction….management of individual assets or products, or the wider built
environment’. And ‘…an organisation must first appreciate and recognise that security
threats, vulnerabilities and the potential resultant risks are something they need to
consider and understand…’



20. Pages 5 and 6 of the document confirm that there is a need to consider security in a
broader range of fields including the planning, design, manufacture and construction
of new assets in order to enhance the safety, security and resilience of assets.



21. Section 3 of the document describes what a SCA is and at paragraph 3.3 sets out
additional uses for a SCA as follows:

‘A robust, fully documented SCA process can also be used by:
• an authority as a means of demonstrating its compliance with S.17 of
the Crime and Disorder Act 1998;
• a planning authority as a means of demonstrating its compliance with
paragraph 95 of the NPPF, both in forming planning policies and in
making planning decisions; and
• a planning applicant in demonstrating that they have considered
security, where applicable, in their application’.




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22. Paragraph 3.4 of the document confirms that a SCA should be carried out in relation
to specified activities, including ‘the planning, design, manufacture and construction of
new assets (including buildings and infrastructure) and public spaces… the ongoing
management and maintenance of existing assets and public spaces…’



23. The SCA guidance should be a material consideration when creating policies and
making planning decisions. It emphasises that robust decisions need to be made
regarding when and where measures to mitigate security risks are required. The
decision-making process needs to consider the type and extent of measures that are
appropriate and proportionate to the risks, including consideration of the physical and
technological aspects of built environments, buildings, infrastructure and services.



National Design Guide, September 2019



24. Alongside changes to the PPG, the Government have recently published a ‘National
Design Guide’ which focuses on improving design quality through planning. The
guidance emphasises the need for the design process to ensure promotion of safe,
socially inclusive, and accessible places where ‘spaces feel safe for people’
(paragraph 104).



Letter from the Chief Planning Officer, July 2017



25. On the 12th July 2017, a letter from the Chief Planning Officer was published by the
Department of Communities and Local Government to remind 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
Design Out Crime Officers, 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

26. ‘Protecting crowded places: design and technical issues’, 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.








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Black Country Core Strategy (BCCS), February 2011



27. The Black Country Core Strategy (BCCS), adopted February 2011, states at
paragraph 6.15 that ‘A key objective for new developments should be that they create
safe and accessible environments where crime, anti-social behaviour or fear of crime
does not undermine the quality of life or community cohesion. It is accepted that good
design, layout and spatial relationships can make a positive contribution towards
improving community safety in the area. It is the intention of the local authorities and
the Police to work jointly towards the reduction of crime, anti-social behaviour and fear
of crime across the Black Country area. This will be a material consideration in all
planning initiatives.’



28. Policy ENV3 ‘Design Quality’ and supporting text paragraph 6.15 identifies crime
reduction as a key objective.



29. The BCCS has a Spatial Strategy, for each of the Regeneration Corridors and
Strategic Centres which includes broad locations for new development and the key
infrastructure improvements necessary to ensure the delivery of the Strategy.
However, the stated infrastructure requirements do not include the need for financial
contributions towards investment in Police infrastructure to ensure the maintenance of
an effective service.



30. Paragraph 2.48 of the BCCS recognises the importance of strong collaborative
working both between the local authorities and, jointly, with public, private and third
sector partners and a robust process of infrastructure planning and delivery.



BCCS Issues and Options, July 2017



31. The BCCS Issues and Options consultation July/Sept 2017, to be renamed Black
Country Plan (BCP) states at paragraph 5.4 that, ‘…The growth in development
required across the Black Country up to 2036 will place pressure on existing physical,
social and green infrastructure, and measures need to be in place to ensure that new
growth is supported by appropriate and timely infrastructure provision so that vibrant
and sustainable communities can be created and maintained. This will also create
opportunities to provide infrastructure solutions to ease and remedy existing
issues.’ At paragraph 5.6 the Report accepts that ‘…infrastructure which requires
significant up-front investment, such as new roads, or on-going service provision, such
as schools, public transport and community services, may be more challenging to
provide.’ (our emphasis)



32. The Introduction and Scope of the Report recognises that it is vital to ensure the
necessary infrastructure is in place to deliver the growth objectives, including
‘emergency services’ infrastructure.


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33. Policy Area A – Health and Wellbeing, Theme 3 – ‘Designing for Safety and
Wellbeing’ paragraph 6.12 confirms that, ‘…Well-designed places can also help to
reduce the circumstances and opportunity for crime and increase public confidence
and security…’



Summary and Initial Commentary on the BCCS Issues and Options
consultation



34. The ‘Summary and Initial Commentary on the BCCS Issues and Options consultation’,
published, March 2019, provides initial findings from around 1,500 formal responses,
150 site submissions and over 300 social media responses, including representations
submitted on behalf of the CCWMP. A more detailed consultation report along with
officer's comments will be published when the consultation on the Draft Plan is
undertaken, anticipated October/November 2020.



35. Whilst it is appreciated that this is very much a general overview with pie charts
showing the percentage of comments received in response to specific questions, the
CCWMP is concerned that the percentage of representations received in response to
an issue will not always reflect the importance of that issue. For example, on page
20, in response to Question 7. ‘Providing Community Facilities – what new community
facilities might be needed to support future growth?’ the need for emergency
service/safety is shown as representing 2% of comments and on page 21, in response
to Question 9. ‘Working with our neighbours – are there any West Midlands wide
issues that the Black Country Core Strategy needs to consider?’
Policing/crime/antisocial behaviour again receives only 2% of comments. The lack of
specific representations on the issue of emergency services infrastructure and crime
does not reflect the importance of these issues to creating/protecting sustainable,
healthy communities and meeting national and local planning policy objectives.



The Need for contributions and appropriately worded Local
Plan, Community Infrastructure Levy (CIL) and
Supplementary Planning Document (SPD) policies



Introduction



36. It is the CCWMP’s position that without the necessary contributions, as detailed
above, the proposed scale of residential growth will be unacceptable, unviable, and
therefore undeliverable. It would not meet the local and national planning policy
requirements for creating sustainable safe and healthy communities.

37. The lack of capacity in existing Police infrastructure to accommodate the increased


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number of new homes and population growth and associated demands occasioned
by this scale of growth means that it is necessary for the developer to provide a
contribution so the situation might be remedied and to ensure that a truly sustainable
form of development can be achieved.



38. In addition to seeking inclusion on the Council’s Regulation 123 list and securing CIL
revenue, the CCWMP will also make requests in respect of future planning
applications via S106 agreements to mitigate against the direct impact of new
developments on policing.



39. The CCWMP therefore formally requests recognition by the four Black Country
authorities of the need for the scale of contributions towards Police infrastructure of
at least £42.74 per net new dwelling (justification set out below), required to maintain
an appropriate Police service level for inclusion in the site allocation assessments to
ensure viability when presenting the case before the BCP Inspector at Examination.

40. The CCWMP also formally requests appropriately worded:



• Delivery policies within the BCP requiring contributions towards Police
infrastructure;
• Policies for each proposed site allocation in the BCP to require S106
contributions towards Police infrastructure;
• Policies and proposals within any masterplan SPD to require contributions
towards Police infrastructure;
• Guidance in the S106/CIL SPD setting out the requirement for contributions
towards Police infrastructure; and
• References in the CIL review and IDP to make provision for contributions
towards Police infrastructure.


41. The case for Police infrastructure contributions is wholly related to the scale and
nature of the development as is envisaged in the emerging BCP. Any contribution
request would satisfying the 3 tests set out in the CIL Regulations, which are also
restated under Paragraph 56 of the National Planning Policy Framework (NPPF), and
are:



a) necessary to make the development acceptable in planning terms;
b) directly related to the development; and
c) fairly and reasonably related in scale and kind to the development.



Taking each of the three tests in turn:



Is the contribution necessary to make the development acceptable in planning terms?


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42. The NPPF states that the purpose of the planning system is to contribute to the
achievement of sustainable development (paragraph 7), with paragraphs 8, 26, 32
and 92 together confirming that amongst other things sustainable development
means securing a safe environment through the delivery of social infrastructure to
meet the needs of communities.



43. Paragraph 95 states that planning policies and decisions should promote public
safety and should be informed by the most up-to-date information available from the
police, who are described as essential local workers providing frontline services to
the public (Annex 2 of NPPF). The ability to deploy fully equipped staff is fundamental
to delivering community safety and mitigating crime.



44. Direct planning harm would result if necessary funding is not forthcoming.
Communities would be more vulnerable to crime and the fear of crime with existing
resources stretched to serve a significantly greater number of people. Without
investment, this will inevitably result in a slower response rate at busy times
prejudicing the health and well-being of those communities directly affected i.e. the
areas of new development arising from BCP allocations and planning permissions.



Is the contribution directly related to the development?
45. The policing demands of the scale of the residential development proposed in the
emerging BCP are quantifiable and are set out below.



46. The planning harm caused by insufficient funds for; trained officers, patrol cars,
support staff, and associated kit (such as uniforms and communications devices)
could be a reduction in the quality and efficiency of the service with a potential knock-
on adverse effect on health and well-being. Without the necessary funding towards
Police infrastructure to service the increased population in new developments, the
new communities would be less sustainable with a potential for raised crime levels
anti-social behaviour and fear of crime.



47. Mitigation of the planning harm caused by the proposed scale of housing development
can only be delivered by maintaining adequately equipped staff.



48. Fleet deployment is related to known policing demands of comparable development
in the wider area. The direct additional demand can be forecast. Delivering the
services of the police direct to new development will only be possible with vehicles to
do so. The requested contributions are specific to the predicted demands arising from
the scale of the proposed development.



Is the contribution fairly and reasonably related in scale and kind to the development?
49. The growth proposed in the emerging BCP is, in part, proposed residential


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development and the policing demands it will generate are known by comparison with
existing local residential development. That can be the only satisfactory way of
determining the need likely to arise from as yet unbuilt development. The use of
comparative statistics is a common approach used to identify the impact of additional
population within an area on most public services, not just policing.



Background to the request



50. Unfortunately, any increase in local population and the number of households do not
lead directly to an increase in Police infrastructure funding from central government.
Yet, there is a direct link between the demand for policing services and changes in
the physical environment due to housing and economic growth, which have
permanent impacts on policing, which is why it is necessary to secure S.106
contributions/ CIL funding.



51. Securing contributions towards the policing infrastructure funding gap will enable the
same level of service to be provided to residents of new developments, without
compromising the existing level of service for existing communities. The consequence
of no additional funding is that existing infrastructure will become stretched to
breaking point and thereby have a severe adverse impact on the quality of the service
that WMP are able to deliver. This would be contrary to national and local sustainable
development policies and contrary to the statutory duty of the CCWMP Section 17 of
the Crime and Disorder Act 1998 which 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’.



52. To ensure that existing levels of Police service can be maintained for existing and
future residents as the growth takes place, developer contributions through the
mechanism of S.106 obligations or CIL for Police infrastructure identified by the
Police, will be essential.



53. Planning and S78 Appeal decisions have long recognised that the infrastructure
requirements of the Police are perfectly eligible for consideration and can be allocated
financial contributions through S106 Obligations which accompany qualifying
planning permissions for major development (residential and commercial alike), For
example, in September 2018, the Planning Inspector in PINS appeal reference
APP/C3810/W/17/3187601 stated at paragraphs 28 and 29 that:



‘A planning obligation was completed on 3 September 2018. The obligation
secures … a police contribution…The development would enlarge the local


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population with a consequent effect on local services and facilities. I am
satisfied that the provisions of the obligation are necessary to make the
development acceptable in planning terms, that they directly relate to the
development, and fairly and reasonably relate in scale and kind to the
development, thereby meeting the relevant tests in the Revised Framework and
the Community Infrastructure Levy Regulations…’


54. Appendix 1 ‘Examples of appeal decisions supporting the police case for
infrastructure contributions’ quotes relevant extracts from a number of appeal
decisions where Inspectors have supported the principle of the Police receiving
funding from developers towards infrastructure necessary as a direct result of the
proposed development.



55. Appendix 2 ‘Examples of Adopted Planning Policies where Appeal Decisions Support
Police Infrastructure Contributions’ summarises the most relevant policies and
proposals within those local authority areas where financial contributions towards
Police infrastructure have been supported at appeal.



56. Clearly many planning applications which include S106 agreements requiring
developer contributions towards Police infrastructure are granted consent without
going to appeal. Often local authorities recognise the need for developer
contributions towards Police infrastructure in CIL and viability documents, IDPs and
policy documents. Recent examples include:



a. Lewis District, East Sussex CIL requires £67,406 for a new public engagement
van;



b. Cherwell District Council, Oxfordshire includes a requirement for contributions
of £157 per dwelling towards Thames Valley Police infrastructure (12 officers,
2 police community support officers, 1 CID officer, 1 support staff, vehicles,
bicycles, ICT, ANPR and property requirements) for the NW Bicester SUE for
5,607 new dwellings and employment opportunities. So far Thames Valley
Police have secured a S106 agreement contribution of £266,900 from the total
£880,518 worth of required police infrastructure for a proposal of 1,700 units
(planning application reference 14/02121/OUT)



c. Hertfordshire County Council, Essex County Council, East Herts District
Council, Epping Forest District Council and Harlow District Council have
included police infrastructure requirements in their Infrastructure Delivery Plan
and Strategic Viability Assessment for the Harlow and Gilston Garden Town
for approximately 16,000 new homes to 2033 with an additional 7,000 beyond
this period plus employment opportunities.




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d. Warwick District Council have included a requirement for contributions
towards police infrastructure in the heads of terms of the Section 106
Agreement for mixed use outline planning application number W/18/0643 for
2,500 new dwellings at Kings Hill Lane, Stoneleigh. Under the agreement
Warwickshire Police will receive £83,790 for police recruitment/equipment,
£50,300 for police vehicles and provision of a 50m sq. on-site office or
£360,528 if premises on-site are undelivered for whatever reason.



57. As with many publicly funded services, Police forces within England have faced
significant reductions in resources due to the Government’s austerity programme and
reduced budget. During this period, WMP has had to adopt a continuing programme
of budgetary reductions, which in turn has had implications for operational pressures,
against a backdrop of continued development (and in particular housing) growth
within the West Midlands Police Force area.



58. The Police and Crime Commissioner (PCC) is responsible for setting the budget for
West Midlands Police. This includes setting the local 'police precept', which is the part
of council tax that goes to the police. The overwhelming majority of WMP's budget
comes from Central Government. That element of the budget will face a real term cut
once inflation and additional pensions costs from the government are considered, on
top of cuts of £175 million since 2010.



59. It is the case that WMP receives approximately 81% of its funding directly from Central
Government with just 19% coming from Council Tax precept. Unlike other Police
Forces within England, who have a more evenly balanced ratio of Government
funding/Council Tax precept (typically 60/40% split). The amount WMP can raise per
household from council tax is the second lowest in the England at just £128.55 per
year (for a Band D council taxpayer). That compares to Surrey, which have the
highest rate of £236.57. (The third lowest council tax is West Yorkshire Police at
£162.95).



60. The West Midlands Police and Crime Commissioner, David Jamieson, stated in the
‘Finances 2020 – 21’ report, that:



‘…I consulted with the public on a potential £24-a year increase (for a band D
property) on the policing precept. With hundreds of responses, over 70% of
respondents said they would be happy to pay up to £24.



However, the government have said that the maximum increase can only be
£10 (for a band D property) which will now mean there is a funding gap for the
force to standstill.



This still means that people in the West Midlands will pay at least £60 less than


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those living in neighbouring forces of Staffordshire, Warwickshire and West
Mercia….’



61. Further WMP budget details can be found via the following link:



https://www.westmidlands-pcc.gov.uk/finance/budget/budget-2020-21/



62. Changes in population do not increase the overall funding made available from
Central Government. Even if there were to be an increase in funding because of
development growth, such funding would be fully utilised in contributing to additional
salary, revenue and maintenance costs (i.e. not capital costs). Therefore, such
funding would not be available to fund the infrastructure costs that are essential to
support new development growth.



63. The most recent NPPF and PPG requirements emphasise the need for viability tests
to ensure the spatial strategy is deliverable and policies take account of the need for
infrastructure in the development plan’s area and site allocations. In terms of the
process, the changes focus on early engagement by the Local Planning Authority with
applicants and infrastructure providers at the plan-making stage to try to negate the
need for viability assessments at the planning application stage.



64. It is the CCWMP’s position that without the necessary financial contributions towards
infrastructure, as detailed below, the proposed scale of residential growth in the Black
Country area will be unacceptable, unsustainable, unviable and therefore
undeliverable. It would not meet the local and national planning policy requirements
for creating sustainable safe and healthy communities.

65. The lack of capacity in existing infrastructure to accommodate the increased number
of new homes and population growth and associated demands occasioned by this
scale of growth means that it is necessary for the developer to provide a contribution
so that the situation might be remedied and to ensure that a truly sustainable form of
development can be achieved.



66. A request will be made by the CCWMP in respect of future planning applications and
in respect of securing CIL revenue directly related to the developments and the direct
Policing impacts they will generate based on an examination of the demand levels in
the four Black Country local authority areas of the WMP force area, in which the growth
in households is proposed.



67. The CCWMP formally requests recognition by the Black County local authorities of the
need for the scale of contributions towards Police infrastructure set out in this letter,
required to maintain an appropriate service level for inclusion in the site allocation/area
growth assessments to ensure viability when presenting the case before the Local


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Plan Inspector at Examination.



68. For illustration purposes, the estimates of financial contributions likely to be required
for Police infrastructure are based upon the latest available housing requirement
numbers published in the Issues and Options version of the BCCS, however, it is
recognised that the timescale of the plan and exact housing and other growth
requirements, will be subject to change in subsequent iterations of the BCP. It is
anticipated that the housing requirement, and consequently the overall financial
contributions necessary, are likely to increase in this regard.



WMP Centralised Service Model



69. WMP has been the subject of significant restructuring in recent years, driven by the
reduction in budget outlined above, culminating in their current centralised model for
the delivery of the service to the West Midlands. This has seen key sites retained,
with these facilities serving and covering the entire force area. That is to say there has
been a shift away from a “Borough by Borough” service provision. Instead, the whole
force area draws from these centralised services as and when the needs arise, such
as the fire arms units, dog handlers, forensics etc.

70. Officers themselves are ‘agile’ and rather than being based at individual police
stations, as would have been the case in the past (and is probably still the public
perception of the service), instead they are heavily reliant upon mobile infrastructure
(i.e. are vehicle based).



71. Under this centralised model of service provision WMP do not foresee any requirement
for any on-site fixed/built infrastructure to serve the respective developments.
However, the scale and nature of proposed residential developments do have direct
implications for WMP in terms of its future policing, as is evidenced below:



Existing Policing within the West Midlands



72. We are advised that the existing staff resource for WMP currently stands at:



Police Officers 6,489
Police Staff 3,554
Police Community Support Officers (PCSOs) 464
Total 10,507
73. The WMP vehicle fleet is significant, and made up of a wide variety of marked and
unmarked vehicles to serve the requirements of the Force. Typically, patrol and
response vehicles have an active 4 year life of provision, due to the demands placed


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upon the vehicles, with other vehicles having a life of provision up to 8 years. The
condition of vehicles at the end of their Police life varies, however WMP forecast that
they will redeem, on average, just 5% of the vehicles original value at the point of
disposal.



74. The current WMP capital budget for their fleet is £3M per annum. This equates to
£2.59 per household, per year or £10.36 per 4 year life of provision (£20.72 per 8 year
of life provision).



75. We are further advised that the infrastructure costs per Officer are as set out below:



Policing infrastructure costs per Officer:
Police uniform for new recruit £816
Airwave radio terminal £769
Mobility device £500
Training costs (estimate) £5,000
Associated support staff cost have not, as yet, been calculated by WMP
76. Due to a new/emerging national training package which is to be introduced imminently,
current training costs could not be relied upon as they would not be relevant. At this
moment in time, WMP have provided us with an estimated training cost figure of
£5,000 per Officer. Such training costs would be of direct relevance and we will
endeavour to provide a more definitive figure at the earliest opportunity, but for the
purposes of this submission we are relying on the estimated figure above.



77. The above approach to extrapolating costs has been successfully used by other
Police Forces elsewhere in England in requesting S106 contributions and has stood-
up to robust examination by the Secretary of State and the Planning Inspectorate
through various planning appeal decisions.



Existing Crime Statistics from WMP for 2018 (i.e. most up-to-date available figures)



78. The Office of National Statistics (ONS) population projections indicate that the
expected number of households across the West Midlands for 2018 was 1,159,000:
an increase of in excess of 72,000 households since the 2011 National Census. For
the:



• Dudley area the projected number of households is 133,181 (up from
130,011 at the 2011 census). This represents an increase of
approximately 2.4%.


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• Sandwell area the projected number of households is 130,147 (up from
121,882 at the 2011 census). This represents an increase of
approximately 6.35%.



• Walsall area the projected number of households is 113,397 (up from
107,909 at the 2011 census). This represents an increase of
approximately 4.8%.



• Wolverhampton area the projected number of households is 106,668
(up from 102,342 at the 2011 census). This represents an increase of
approximately 4%.



79. In 2018, the total number of recorded Police incidents (i.e. those occasions when WMP
were called upon to deploy 1 or more Officer(s) to an incident) was 830,353 for the
entire force area. The actual number of crimes recorded, resulting from these
incidents, was 252,385 crimes (which equates to approximately 0.71 incidents/0.22
crimes per household, across the entire WMP force area).

80. In 2018, the total number of recorded Police incidents across the Black Country area
as a whole was 314,616 (broken down as follows: Dudley 67,610, Sandwell 94,852,
Walsall 75,453, and Wolverhampton 76,701) and the actual number of crimes
recorded resulting from those incidents was 100,086 (broken down as follows: Dudley
22,978, Sandwell 28,974, Walsall 23,721, and Wolverhampton 24,413). This equates
to approximately 0.65 incidents/0.21 crimes per household given that the Black
Country household number at 2018 was 483,393. This is similar to the West Midlands
area as a whole.



81. Taking Wolverhampton as an example, according to the ‘Safer Wolverhampton
Partnership Annual Report 2017-2018’ there were 21,225 offences in Wolverhampton
which equates to a 13.6% increase in total recorded crime since 2016-2017, i.e. an
additional 2541 offences. A breakdown of the types and severity of crimes being
committed, include, for example, a 31.2% increase in hate crimes, and a 4.7%
increase in domestic abuse, 2017-2018 compared to 2018-2019, can be found within
the ‘Safer Wolverhampton Partnership Annual Report 2018-2019’ which can be
viewed via the web link below:



https://www.wolverhampton.gov.uk/sites/default/files/2019-
07/Appendix%201%20for%20Safer%20Wolverhampton%20Partnership%20An
nual%20Report%202018-2019.pdf
82. The ‘Safer Sandwell Partnership Community Safety Strategy and Delivery Plan 2019-
21’, sets out initiatives and priorities moving forward, but it does not provide statistical
comparative data to assess the overall trend in incidents and recorded crime. The


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document can be referenced below via the web link:



Safer Sandwell Partnership Community Safety Strategy and Delivery Plan 2019-
21
Applying a proportional factor to the Crime Statistics for the
Black Country area



83. On the basis of the above statistics, in terms the proposed residential expansion within
the Black Country area as a whole, (i.e. a minimum of approximately 72,322 new
homes between 2014 and 2036), based upon the aforementioned Black Country area
incidents/crimes per household (i.e. approximately 0.65 incidents/0.21 crimes per
household) the following proportional factor could be applied to predict the potential
additional incidents/crimes which would be likely to occur within a calendar year upon
completion of the development.



84. With a household figure of 483,393 for the Black Country area (at 2018), the proposed
increase in the number of homes would equate to approximately a 15% increase in
households. This represents a large percentage increase when compared to the
increase in households between 2011 (462,144) and 2018 (483,393) which was only
approximately 4.6% based on the ONS statistics. Therefore, the proposed scale of
increase in the number of households is likely to have a significant impact on the need
for additional Police infrastructure.



85. If the same proposed 15% percentage increase in households is applied to the Crime
Statistics outlined above, the predicted proportional incidents/crimes likely to occur
within a calendar year are set out in the following table.



Existing Statistics
for Black Country
force area (2018)



Proposed no. of new
homes in Issues and
Options (2014-2036
minus completions)

Predicted statistics
applying 15% factor
to give the
approximate
increase in crime

No. of Households 483,393 72,322 (+15%)
No. of Incidents 314,616 +47,192 = 361,808
No. of Crimes 100,086 +15,013 = 115,099



86. If the above referenced 2018 ONS predicted households of 483,393 households for
the Black Country area are taken as a percentage of overall WMP area (1,159,000)


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that equates to 41.7%. Applying this proportionally, the following calculation indicates
the level of staff required:



Existing WMP Force Area BC Area Coverage (41.7%) Apply 15% hh increase
Police Officers 6,489 2,706 406
Police Support Staff 3,554 1,482 222
PCSOs 464 193 29



87. On the basis of the above, therefore, proportionally development of 72,322 new homes
would attract an additional policing demand of 657 staff (of which 435 would be Police
Officers/PCSOs and 222 would be Police staff).



88. The existing demands upon the police service within the Black Country area have been
identified and applied proportionally to forecast the impact of, and demands arising
from, the proposed scale of residential development over the plan period.



89. Excluding any costs associated with additional Police support staff which have not, as
yet, been calculated by WMP, and applying the approximate training cost, we would
estimate that S106/CIL contributions will be required which total approximately
£3,090,988 (i.e. £42.74 per dwelling) made up of the following:



• Training costs @ an estimated £5,000 per Officer/PCSO = £2,175,000
• Start-Up costs @ £2085 per Officer/PCSO,(to include Uniform, Airwave radio
terminal and mobility device) = £906,975
• Patrol vehicles @ £20.72 per household (for 8 year of life provision) = £9,013
90. By using the proposed scale of residential development the likely policing demands it
will generate can be accurately predicted by comparison with existing residential
households within the Black Country area as a whole. That can be the only satisfactory
way of predicting the need likely to arise from as yet unbuilt development. The use of
such comparable statistics is a common approach used to identify the impact of
additional population within an area on most public services, and is therefore equally
relevant for the future policing demands on WMP. Of course, it should be noted that
the figures do not include the cost of extra support staff.



The Need for Police involvement in the planned infrastructure.



1. The CCWMP formally requests that he is included in the formulation of policies and
proposals relating to the scale and location of development and infrastructure
necessary to support the scale of growth proposed in the emerging BCP. It is


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imperative that, in addition to the need for development proposals to meet Secured by
Design and Park Mark standards, the wider safety and security implications of
proposed new/extended infrastructure provision are fully assessed. The impact of a
large school extension or new school may, for example, have an unacceptable
adverse impact on highway safety and movement.



2. This approach would be in accordance with the requirements of NPPF paragraph 95
which states that planning policies and decisions should promote public safety and
take into account wider security and defence requirements. Paragraph 8 emphasises
that sustainable development includes the social objective of fostering a well-
designed and safe built environment, with accessible services and open spaces that
reflect current and future needs and support communities’ health, social and cultural
well-being. Paragraph 91. Planning policies and decisions should aim to achieve
healthy, inclusive and safe places.



Conclusions



3. The above sets out the background to the current funding of WMP and the implications
in terms of the future predicted demands arising from the significant growth forecast in
the Issues and Options version of the BCP. The request for contributions by the
CCWMP has considered the scale of residential development proposed and compared
this with existing policing demand and recorded crime information for the area within
which the growth is proposed i.e. within the four Black Country local authority areas,
as has been summarised above. It is requested that the requirement for Police
infrastructure contributions is included within the local plan viability calculations
necessary when evidencing local plan policies and proposals, as required by the
revised NPPF.



4. The existing demands upon the police service within the Black Country area have been
identified and applied proportionally to forecast the impact of, and demands arising
from, the scale of growth proposed.



5. The average contribution being sought per dwelling, in line with the costs set out
above, is approximately £42.74 (although this figure may rise once the true cost of, for
example, training and the additional support staff has been included) and such
contributions are of direct relevance to the policing implications of the scale of
development proposed. The request clearly meets the requirements of the CIL
regulations, and the underlying basis for such a request has been tested and accepted
elsewhere in the Country.



6. Under the terms of the NPPF, it is a requirement for plans to set out contributions
expected from development, including for infrastructure, such as Police infrastructure.
It is necessary for local planning authorities to demonstrate that the scale of growth


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and proposed site allocations are deliverable and also viable and sustainable.



7. Without the outlined contributions, it is CCWMP’s position that the proposed scale of
development set out in the emerging joint local plan will be unacceptable and cannot
be viewed as being a truly sustainable and deliverable form of development as
required by the NPPF.



8. The lack of capacity in existing WMP infrastructure to accommodate the increased
number of new homes and population growth and associated demands is such that it
is necessary for the developer to provide a contribution so the situation might be
remedied and to ensure that a truly sustainable form of development can be achieved.
In total there would be a household increase of 15% (when using the 2018 ONS
household predictions).



9. In terms of any proposed allocations, there should be express reference to the need
for financial contributions towards the additional expenditure burden placed on WMP
as a consequence of the proposed growth to ensure that safety and security can be
maintained across the four Black Country local authority areas.



10. In addition to the CCWMP’s request for appropriately worded Delivery, site allocation,
SPD and CIL polices and proposals to set out the need for contributions towards Police
infrastructure, the CCWMP also formally requests that the Police are actively engaged
with on an on-going basis in the current and future reviews of planning policy
documents and the Infrastructure Delivery Plan (IDP) to ensure that the evolving needs
of policing are kept up-to-date and are taken fully into consideration.



11. Without the financial input of developers, there will be insufficient funds to extend and
maintain an appropriate level of service for the occupants of new properties. The
CCWMP has a statutory duty to secure the maintenance of an efficient and effective
police force for its area and SMBC is required by statute to consider crime and disorder
and community safety in the exercise of its duties with the aim of achieving a reduction
in crime – the developer contributions are necessary to ensure that this legal obligation
is achieved.



12. The CCWMP requests a meeting with the local planning authorities to discuss the
need for Police infrastructure contributions, and to discuss the scale and proposed
location of development and other infrastructure projects deemed necessary to
respond to the projected growth. The aim will be to ensure that appropriate levels of
Police infrastructure are maintained and to ensure that all new infrastructure is located
and constructed in a sustainable way which promotes safe and secure communities.



13. The local police Senior Leadership Teams, and Neighbourhood Policing Units are
likely to have detailed knowledge about site specific issues in respect of crime and


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safety and any needs arising from the proposed increase in household numbers in
specific areas. Additionally, the centrally based Design Out Crime Officers 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 Plan is adopted.



Our Client would be grateful if you could ensure that these representations are taken into
consideration in the context of the plan-making process.