Policy ENV9 – Design Quality

Object

Representation ID: 43942

Received: 11/10/2021

Respondent: IM Land

Agent: Turley Assocs

Policy ENV9 (design quality)
3.66 Policy ENV9 appears to be a duplication of the criteria contained in draft policy CSP4
and can be most appropriately dealt with by way of the production of a Local Design
Guide for the Black Country aligning with the Governments’ recent amendments to the
NPPF. As such it may not be necessary.

Support

Representation ID: 44850

Received: 11/10/2021

Respondent: Ruskin Properties

General support is given to paragraph 1) as a means of delivering well-designed development. Concerns are raised in terms of Local Authorities adhering to Manual for Street principles in relation to the adoption of highways. There needs to be a step change in relation to the approach to development layouts from Highway Authorities if this to be achieved

Support is given to the use of the NDSS. Can it be clarified that the impacts of this have fed into the viability work undertaken as part of the draft BCP?

Object

Representation ID: 44851

Received: 11/10/2021

Respondent: Ruskin Properties

Objection is raised to this policy replicating Building Regulation requirements in relation to water efficiency. This should not be insisted upon at the planning stage where design SAP calculations are not possible until the technical stage of a design is reached. This is post- planning and forms part of the pre-construction phase of a project. It is often that the specification of appliances to be used in kitchens and bathrooms is unknown at the planning stage. It would be onerous on a developer to specify this level of detail prior to planning permission being granted.

Comment

Representation ID: 44952

Received: 11/10/2021

Respondent: Taylor Wimpey

Agent: Lichfields

Policy ENV9 - Design Quality

Part 2

21.1 Part 2 of the policy identifies a number of matters that development proposals must address.
However, these matters are very high level such as addressing “the townscapes and landscapes of the Black Country”. As with Policy CSP4, Part 2 of the policy would benefit from further clarification either within the policy text itself or the justification text and it may be worthwhile for a design guide to be prepared as part of the BCP which reflects local character and design preferences and would provide more specific guidance to developers on design requirements. The policy requirements should be set out in sufficient detail to determine a planning application without relying on, other criteria or guidelines set out in a separate SPD.

21.2 It is essential that this is prepared as part of the BCP so that any cost implications can be properly viability tested in conjunction with other policy requirements.

Object

Representation ID: 44953

Received: 11/10/2021

Respondent: Taylor Wimpey

Agent: Lichfields

Part 3

21.3 Part 3 states that new residential development will be required to meet water efficiency standards of 110 litres per person per day. If the BCA wish to adopt the optional standard for water efficiency of 110 litres per person per day then they need to justify doing so by applying the criteria set out in the Practice Guidance34. The Water Cycle Study (2020) identifies the Severn Trent Water and South Staffordshire Water supply regions as areas of only moderate water stress. A clear local need has not been demonstrated.

Object

Representation ID: 44954

Received: 11/10/2021

Respondent: Taylor Wimpey

Agent: Lichfields

Part 4

21.5 Taylor Wimpey objects to Part 4 of Policy ENV9 which requires all new residential development to meet the Nationally Described Space Standards [NDSS].

21.6 Taylor Wimpey notes that the Government’s decision to make these standards optional suggests that they do not expect all properties to be built in accordance with them. If the standards are to be applied, the Practice Guidance35 sets out a clear set of criteria local planning authorities should address in order to justify them, these being:

• need – evidence should be provided on the size and type of dwellings currently being built in the area, to ensure the impacts of adopting space standards can be properly assessed.
• viability – the impact of adopting the space standard should be considered as part of a plan’s viability assessment with account taken of the impact of potentially larger dwellings on land supply. Local planning authorities will also need to consider impacts on affordability where
a space standard is to be adopted.

• timing – there may need to be a reasonable transitional period following adoption of a new policy on space standards to enable developers to factor the cost of space standards into future land acquisitions.

21.7 With regard these criteria, we firstly note that no need evidence is provided to justify the policy requirement. The justification text to the policy suggests that the standard is generally met in most new build housing across the Black Country but no further information on this matter is provided and it does not appear to have been covered in the evidence base, so there is nothing to ratify this. With regard to viability, the BCP Viability Study states that the NDSS has been applied within the appraisals as the minimum standard. However, it is not clear whether the impact upon affordability has been considered.

21.8 The BCA’s policy approach should recognise that customers have different budgets and aspirations. An inflexible policy approach to NDSS for all new dwellings will impact on affordability and effect customer choice. Well-designed dwellings below NDSS can provide a good, functional home.


21.10 If the Council is able to provide sufficient evidence to justify the policy, Taylor Wimpey considers that a transitional period should be applied. It is not clear whether a large proportion of new dwellings currently meet the standard, and the cost of such provision may not therefore be factored into current and past land acquisitions. A reasonable transitional period following adoption of a new policy would help enable developers to factor the cost of space standards into
future land acquisitions.

Comment

Representation ID: 44983

Received: 09/03/2022

Respondent: Taylor Wimpey

Agent: Lichfields

DESIGN QUALITY
Part 2 of the policy identifies a number of matters that development proposals must address.
However, these matters are very high level such as addressing " the townscapes and landscapes
of the Black Country". As with Policy CSP4, Part 2 of the policy would benefit from further
clarification either within the policy text itself or the justification text and it may be worthwhile
for a design guide to be prepared as part Of the BCp which reflects local character and design
preferences and would provide more specific guidance to developers on design requirements.
e policy requirements should be set out in sufficient detail to determine a planning
application Without relying on, Other criteria or guidelines set out in a separate SPD.
It is essential that this is prepared as part of the BCP so that any cost implications can be
properly viability tested in conjunction With Other policy requirements.
Part 3
part 3 States that new residential development Will be required to meet water efficiency
standards of 110 litres per person per day. If the BCA wish to adopt the optional standard for
water efficiency of 110 litres per person per day then they need to justify doing so by applying
the criteria set out in the practice Guidance". The Water Cycle Study (2020) identifies the
Severn Trent Water and South Staffordshire Water supply regions as areas of only moderate
water stress. A clear local need has not been demonstrated.
Taylor Wimpey thereforæ considers that Part 3 of the Policy should be deleted.
Part 4
Taylor Wimpey objects to Part 4 of Policy ENV9 which requires all new msidential development
to meet the Nationally Described Space Standards LNDSSI.
Taylor Wimpey notes that the Government's decision to make these standards optional suggests
that they do not expect all properties to be built in accordance with them. If the standards are to
be applied, the Practice Guidance'S sets out a clear set of criteria local planning authorities
should address in order to justify them, these being:
need — evidence should be provided on the size and type of dwellings currently being built in
the area, to ensure the impacts Of adopting space standards can be properly assessed.
viability — the impact Of adopting the space standard should be considered as part Of a plan's
viability assessment with account taken of the impact of potentially larger dwellings on land
supply. Local planning authorities will also need to consider impacts on affordability where
a space standard is to be adopted.
timing — there may need to be a reasonable transitional period following adoption Of a new
policy on space standards to enable developers to factor the cost of space standards into
future land acquisitions.
With regard these criteria, we firstly note that no need evidence is provided to justify the policy
requirement. The justification text to the policy suggests that the standard is generally met in
most new build housing across the Black Country but no further information on this matter is
provided and it does not appear to have been covered in the evidence base, so there is nothing to
Planning Practice Guidance ID : 56-014-20150327 and ID : 5&015-201S0327
s Planning Practice ID: 56-020-20150327
r tify this. With regard to viability, the BCP Viability Study states that the NDSS has been
applied within the appraisals as the minimum standard. However, it is not clear whether the
impact upon affordability has been considered.
•fie BCA's policy approach should recognise that customers have different budgets and
aspirations. An inflexible policy approach to NDSS for all new dwellings Will impact on
affordability and effect customer choice. Well-designed dwellings below NDSS can provide a
good, functional home.
For the above reasons, Taylor Wimpey considers that Part 4 of the policy should be deleted.
If the Council is able to provide sufficient evidence to justify the policy, Taylor Wimpey
considers that a transitional period should be applied. It is not clear whether a large proportion
of new dwellings currently meet the standard, and the cost of such provision may not therefore
be factored into current and past land acquisitions. A reasonable transitional period following
adoption of a new policy would help enable developers to factor the cost of space standards into
future land acquisitions.

Object

Representation ID: 45868

Received: 11/10/2021

Respondent: St Modwen Developments Ltd

Agent: Planning Prospects Ltd

Comments on: Policy ENV9 – Design Quality


Nature of comment: Objection


5.6 The references to compliance with the Building Regulations at parts 1d) and 3) of this policy are superfluous and should be removed. There is no need for planning policy to direct compliance with separate legislation.

5.7 The requirement for all new residential development to meet the NDSS (except where it would cause heritage harm) at part 4) of the policy is inappropriate. Whilst the NDSS might be targeted in many instances, there will also be circumstances (other than where heritage is an issue) in which it is desirable to deviate from them. One example of this is the development of “micro-homes” which have been successfully deployed in many locations to meet specific housing needs, such as providing “move on” accommodation to
DRAFT BLACK COUNTRY PLAN REGULATION 18 CONSULTATION 28

help people transition back into the wider housing market. As currently framed the policy would frustrate this and indeed other innovative approaches to meeting the full range of housing needs.

5.8 To remedy this, part 4) of the policy should be amended to include as a further exception the provision of housing types to meet a particular need where deviation from the NDSS can be justified.
DRAFT BLACK COUNTRY PLAN REGULATION 18 CONSULTATION

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.

Comment

Representation ID: 47044

Received: 13/09/2022

Respondent: HIMOR

Agent: Turley Associates

Policy ENV9 appears to be a duplication of the criteria contained in draft policy CSP4 and can be most appropriately dealt with by way of the production of a Local Design Guide for the Black Country aligning with the Governments’ recent amendments to the NPPF. As such it is not necessary.