Draft Black Country Plan

Object

Representation ID: 21192

Received: 11/10/2021

Respondent: Holford Farm Partnership

Agent: Holland Lloyd

Holland Lloyd is instructed by Holford Farm Partnership to represent their interest in land at allocation WSA2 – land at Vicarage Road and Coronation Road, High Heath and land at Mob Lane, Pelsall at the Regulation 18 stage of the Black Country Plan 2039.

The representation has reviewed the relevant policies within the Black Country Plan and sets out modifications and comments where necessary.

In response to the Plan, it is considered that the document has been developed to be:
• Legally compliant.
• Compliant with the duty to co-operate.
• Positively prepared.
• Effective.
• Consistent with national policy.

However, it is considered that the Plan is not currently ‘sound’ or ‘justified’ as it does not consider matters set out in the updated national framework or consider the deliverability of allocations. Specifically, the draft allocation WSA2 requires highway improvements and the use of land in the ownership of Holford Farm Partnership (HFP), who do not support the proposal in the Local Plan.

As acknowledged by the Black Country Authorities (BCA) prior to consultation, the National Planning Policy Framework was updated in July 2021 after the Plan was agreed for consultation by the relevant cabinets. Paragraph 22 of the National Planning Policy Framework (NPPF) sets out that where strategic policies include significant extensions to existing villages and towns, policies should be set within a vision that looks further ahead (at least 30 years) to take into account the likely timescale for delivery. However, annex 1 of the NPPF identifies that this applies only to plans that have not reached Regulation 19; therefore, this Plan should now consider a longer time period for strategic allocations.

National Planning Policy
The National Planning Policy Framework (2021)
The National Planning Policy Framework (NPPF) sets out the Government’s planning policies for England and how these should be applied. Providing a framework within which locally-prepared plans for housing and other development can be produced.

The NPPF sets out in paragraph 15 that the planning system should be genuinely plan-led, providing a positive vision for the future of each area. Paragraph 16 sets out that Plans should:
a) be prepared with the objective of contributing to the achievement of sustainable development;
b) be prepared positively, in a way that is aspirational but deliverable;
c) be shaped by early, proportionate and effective engagement between plan-makers and communities, local organisations, businesses, infrastructure providers and operators and statutory consultees;
d) contain policies that are clearly written and unambiguous, so it is evident how decision-making should react to development proposals;
e) be accessible for the use of digital tools to assist public involvement and policy presentation; and
f) serve a clear purpose, avoiding unnecessary duplication of policies that apply to a particular area (including policies in this framework, where relevant).

Strategic policies should set out an overall strategy for the pattern, scale, and design quality of places. Strategic policies should look ahead to over a minimum of 15-year period from adoption (paragraph 22) to anticipate and respond to long term requirements and opportunities. Where larger-scale developments such as new settlements or significant extensions to existing villages and towns from part of the strategy for the area, policy should be set within a vision that looks further ahead (at least 30 years) to take into account the likely time timescale for delivery.

In examining plans, the NPPF paragraph 35 sets out that local plans and spatial development strategies are examined to assess they have been prepared in accordance with legal and procedural requirements and whether they are sound.
Plans are ‘sound’ if they are:
1. Positively prepared - providing a strategy which, as a minimum, seeks to meet the area’s objectively assessed needs; and is informed by agreements with other authorities, so that unmet need from neighbouring areas is accommodated where it is practical to do so and is consistent with achieving sustainable development;
2. Justified - an appropriate strategy, taking into account the reasonable alternatives, and based on proportionate evidence;
3. Effective - deliverable over the plan period, and based on effective joint working cross-boundary strategic matters have been dealt with rather than deferred, as evidence in the statement of common ground; and
4. Consistent with national policy - enabling the delivery of sustainable development in accordance with the policies in the Framework and other statements and national planning policy, where relevant.

The Regulation 18 Black Country Plan
The Black Country Plan is a joint Local Plan prepared by the four Black Country Authorities (Dudley, Sandwell, Walsall and Wolverhampton). The Plan will guide key issues, including housing, employment land, infrastructure, and other strategic matters.

Upon adoption of the Black Country Plan, it will replace the Black Country Core Strategy (2011) and significant elements of ‘Tier 2’ plans in the form of Area Action Plans and Site Allocations Documents.

The draft Black Country Plan sets out that earlier consultation responses raised concerns with the possibility of building on the Green Belt, with developers questioning the brownfield-first approach and whether it could deliver sufficient capacity based upon past trends.

To deliver sustainable economic and housing growth to meet strategic planning targets, draft Policy CSP1 sets out that the BCA will deliver at least 47,837 net new homes. To achieve this, the policy sets out that growth will be delivered in the most part within existing urban areas, supporting and enhancing the sustainability of existing communities, protecting and enhancing the quality of towns, delivering growth areas in highly sustainable locations, protecting the Green Belt, protecting the Black Country’s character, and minimising and mitigating the likely effects of climate change.

Draft Policy CSP1’s justification sets out a shortage of deliverable sites to meet housing and economic growth needs. While the BCA attaches great importance to the Green Belt, the justification sets out that Green Belt land should be fully assessed for its suitability as designated land and the development potential. The BCA consider they have demonstrated exceptional circumstances to justify removing land from the Green Belt. In total, 7,720 new homes have been allocated on sites that have been removed from the Green Belt.

Draft Policy CSP3 sets out that a defensible Green Belt will help promote urban renaissance within the urban area and provide residents easy access to the countryside. The policy justification sets out that a strong Green Belt is critical to the promotion of urban renaissance.

Draft Policy GB1 – The Black Country Green Belt – sets out that sites removed from the Green Belt and allocated for housing will need to be designed to include physical features that define the Green Belt boundary and provide compensatory improvements. However, the Black Country Green Belt will be preserved to maintain its openness and serve its key functions.

Draft Policy HOU1 sets out that the majority of the 47,837 net housing requirement will be met through the sites with existing planning permission and sites allocated for housing. The development of sites for housing should demonstrate a comprehensive approach, making the best use of available land. Incremental development of an allocated site will only be allowed where it would not prejudice the achievement of high-quality design on the allocation as a whole. The policy justification identifies that no discounts have been applied to sites released from the Green Belt, as no evidence indicates that delivery constraints will affect them. The policy justification makes clear that housing across the five larger sites in Walsall (including WSA2) will be delivered beyond 2039.

WSA2 – Land at Vicarage Road and Coronation Road, High Heath and Land at Mob Lane, Pelsall.
The draft allocation estimates a capacity of 713 dwellings based on a site developable area of 30.19 ha. The draft policy sets out six design principles:
• To deliver appropriate local facilities.
• Remediation of contaminated land.
• Transportation strategy that includes improvements to Mob Lane and Green Lane.
• Site-wide drainage strategy.
• Landscape and habitat creation.
• As a mineral safeguarding area the site requires prior extraction.

The proposed allocation includes land within higher flood zones, the Green Belt (proposed for removal) and sites of local importance for nature conservation. Land to the west of the site, set within the flood zone, is under the ownership of HFP, who do not seek to be part of the proposed allocation of land. Therefore, this allocation should be subsequently reduced and reviewed to ensure the deliverability of this proposal.

Transportation Strategy
HFP hold land set along Green Lane and Mob Lane; should this land be required for infrastructure improvements, the BCA should be aware that HFP does not intend to release agricultural land to facilitate transport improvement. The farm is an active agricultural business that could be detrimentally impacted by infrastructure works.

Any development across the land allocation should be capable of operating without the need to deliver improvements on land in the ownership of HFP or negatively impact the business operations of HFP. Until this is clarified, the site’s feasibility and deliverability should be examined in further detail by the BCA.

Mineral Extraction
The allocation requires the extraction of minerals from land across the site. The allocation makes clear this is based on environmental and practical feasibility, rather than economic reasons for not undertaking the extraction. Therefore, any proposal to develop the site should follow the extraction and not accelerate the delivery of the site due to a viability case.

The extraction process is likely to delay the delivery of this site for a number of years and, therefore, HFP query the deliverability of the allocation within this plan period.

Local Plan Modification
In this instance, the draft Local Plan has proposed an allocation that requires land within the ownership of HFP. It is understood that the BCA need to deliver housing and that new sites are required to come forward. However, modifications should be made to draft policy WSA2 before the next stage of the emerging Local Plan:
1. Removal of Holford Farm Partnership land from the proposed allocation.
2. Reviewing infrastructure improvements along Green Lane and Mob Lane
3. Reviewing deliverability of the allocation.

1. Removal of land in ownership
Holford Farm Partnership request that land in their ownership is removed from the draft Local Plan allocation. In removing this land from the allocation, the BCA should review the wider site to identify whether the proposal remains an environmentally sustainable proposal.

2. Infrastructure improvements along Green Lane and Mob lane
Holford Farm Partnership retain land holdings along Green Lane and Mob Lane, and any infrastructure improvements that will impact the agricultural operations will be resisted. Therefore, at the present time, no land will be released to widen or provide improvements to Green Lane or Mob Lane.

The BCA should review in further detail the works necessary along Green Lane and Mob Lane and ensure this can be completed within highway or developer ownership and not require the land in the ownership of HFP.

3. Deliverability
The proposed allocation of Land is set within the Green Belt, providing a valuable buffer between urban areas, meeting the following purposes of the Green Belt, as set out in the NPPF:

• To check the unrestricted sprawl of large built-up areas.
• To prevent neighbouring towns merging into one another.
• To assist in safeguarding the countryside from encroachment.
• Finally, to assist in urban regeneration.

The removal of the land from the Green Belt has the potential to bring urban areas closer together and remove natural barriers between settlements.

The site allocation requires the prior extraction of minerals before development should begin. This is likely to delay the development process significantly, with housing provision realised outside of this plan period. Given the need to deliver prior works, the proposal should be considered in line with paragraph 22 of the NPPF, whereby the strategic allocation should be set over a period that looks further ahead (at least 30 years) to take into account the likely timescale for delivery.

Summary
Holford Farm Partnership broadly supports the Black Country Authorities Plan to deliver housing, employment and infrastructure across the Black Country. However, amendments and review should be undertaken to:
1. Remove HFP land from allocation WSA2.
2. Consider the necessary highway improvements for WSA2.
3. The delivery of the allocation across a longer time period (at least 30 years).

These representations seek amendments prior to the next consultation stage, and we welcome further discussion regarding allocation WSA2.

For these reasons, we consider the modification of the Black Country Plan to be appropriate to ensure a ‘sound’ Local Plan.