Draft Black Country Plan

Support

Representation ID: 21237

Received: 11/10/2021

Respondent: Newlands Developments

LAND SOUTH OF BENTLEY LANE, WALSALL
RESPONSE TO DRAFT BLACK COUNTRY PLAN 2039 (REGULATION 18) CONSULTATION

Newlands Developments Limited have prepared these representations on behalf of the landowner in relation to land south of Bentley Lane, Walsall (hereafter referred to as ‘the Site’). Newlands Developments welcome the opportunity to be involved in the preparation of the Black Country Plan, and it is within this context that they wish to make representations to the Regulation 18 Consultation.

The Site is shown outlined in red on Drawing 21501 F0004 B (Appendix 1) and is located to the west of Walsall in close proximity to M6 Junction 10. It extends to 11.2 hectares and has the potential to deliver an employment development (Use Classes E(g)(ii), E(g)(iii), B2, and B8) in a sustainable location.

The Site is deliverable, available and suitable for release from the Green Belt to deliver a high quality employment development that will significantly assist in meeting the Black Country’s identified employment land needs, as well as the unmet need from the Functional Economic Market Area, including Birmingham and South Staffordshire.

The Vision, Strategic Objectives and Strategic Priorities (Section 2)
The Vision
The Black Country Authorities have set out a vision for the Black Country up to 2039. We support the vision, in principle, which seeks to create a prosperous, stronger and sustainable Black Country. This vision provides a positive framework for the Strategic Objectives and is generally aligned with the three overarching sustainability objectives set out in NPPF Paragraph 8.

Strategic Objectives
We have reviewed the strategic objectives and strategic priorities set out in Table 1 (Black Country Plan – Objectives and Strategic Priorities) of the draft Plan. We are supportive of the Strategic Objectives, which will address the key strategic challenges and opportunities that have arisen since the Core Strategy was adopted in 2011, particularly in relation to climate change, health and wellbeing, promoting sustainable transport, enhancing the natural and built environment, and meeting infrastructure needs It is considered that an employment development at the Site would align with these Strategic Objectives, especially Strategic Priority 7, which aims to provide a balanced portfolio of employment sites and to protect and enhance existing sustainable employment areas to support the development of key employment sectors and enable existing businesses to expand. We consider that the Site, which has the capacity to deliver an employment (industrial and/or logistics) development of up to 11.2 hectares in a sustainable location, would assist the Black Country Authorities in achieving this Strategic Priority and would support the diversification of the Black Country economy.

Spatial Strategy (Section 3)
The Spatial Strategy is set out in Draft Policies CSP1, CSP2, CSP3 and CSP4, and illustrated on the Key Spatial Diagram (Figure 2), which provides the overarching basis for the Plan’s proposals for growth and infrastructure improvements. We are supportive of the Key Spatial Diagram, as this accords with Paragraph 23 of the NPPF, which requires broad locations for development to be indicated on a key diagram, and land-use designations and allocations identified on a policies map.
The Site, located in Walsall, is identified on the Key Spatial Diagram as an employment development site (EMP1) located within a Core Regeneration Area (CSP2).

Development Strategy
Draft Policy CSP1 (Development Strategy) provides the overarching spatial strategy for the Black Country, setting out the scale and distribution of new development for the Plan period to 2039. Part 1 of this policy seeks to deliver at least 355 hectares of employment land. Part 2 explains that the spatial strategy seeks to deliver this by focusing growth and regeneration into the Growth Network that comprises the Strategic Centres and Core Regeneration Areas. We are supportive of this policy, which seeks to direct growth to the most sustainable locations and to sites which have been assessed as most suitable by the Black Country Authorities’ site selection process and as part of the Sustainability Appraisal (SA).

The Development Strategy, set out under Draft Policy CSP1, has been developed through a comprehensive assessment of a range of alternative options, as set out in the Spatial Options Paper. The SA also includes an assessment of eleven spatial options identified by the Councils. Each option has been assessed for its likely sustainable impacts.

The Preferred Spatial Option selected is Option J (Balanced Growth), which focuses growth within existing Strategic Centres, Core Regeneration Areas and Towns and Neighbourhood Areas in the sub-region. The strategy takes advantage of their existing infrastructure capacity, in addition to a limited number of new growth areas near to the edge of settlements that take account of environmental, climate change, accessibility and socio-economic requirements. Spatial Option J ensures that development within the Green Belt is only located in the most sustainable locations with good access to help reduce reliance on private car usage. This approach, along with Spatial Option J, is fully supported.

The Site benefits from a sustainable location with good access to surrounding sustainable modes of transport. There are two bus stops located immediately adjacent to the north of the Site along Bentley Lane. From this stop, services connect the Site to Walsall and Wolverhampton with regular 30-minute services seven days a week. The Site’s good public transport links are also important in the context of Paragraph 142 of the NPPF, which identifies that where it has been concluded that it is necessary to release Green Belt land for development, plans should give first consideration to land that is well served by public transport.

With regard to the local road network, the Site is located along Bentley Lane, which provides direct links to M6 Junction 10 via Bloxwich Lane, and is suitable for use by HGVs. The Walsall to Wolverhampton Core Regeneration Area is based around the Black Country Route and M6 Junction 10 road corridor, which is located approximately 2km to the south of the Site. This sustainable location, which is also in close proximity to a large labour force, means that it is suitable for high quality industrial and logistics development. It is therefore considered that the Site is suitable and deliverable and could be released from the Green Belt to provide much-needed employment land. This would be in accordance with the aims of the NPPF and would also assist in meeting the employment land need of the District and the unmet needs of the FEMA.

Core Regeneration Areas
The strategic approach for the growth network is set out within Draft Policy CSP2. We are supportive of this policy, in particular Part 4(a) which states that the Core Regeneration Areas linking the Strategic Centres will provide the principal concentrations of strategic employment areas. These are high quality employment areas that will be safeguarded and enhanced for manufacturing and logistics activity to support the long-term success of the Black Country’s economy. Furthermore, Part 4(c) advises that the Core Regeneration Areas will provide the principal locations for new industrial and logistics development: providing 192 hectares of developable employment land to meet growth needs. As noted above, the Site is located within the Walsall to Wolverhampton Core Regeneration Area and has a development capacity of 11.22 hectares.

Green Belt
The Black Country Authorities have undertaken Local Sites Assessment Reports for the proposed allocations, including Land south of Bentley Lane, Walsall (Site Reference SA-0057-WAL). A copy of the Site Assessment Form completed for the Site is included at Appendix 2.

The Site Assessment Form includes a Green Belt assessment of the Site, owing to its location within the Black Country Green Belt. The Assessment identifies that the Site comprises a narrow gap between towns and has urban edges on two sides and urbanising influences to the west. It concludes that the release of this area from the Green Belt would only weaken the contribution of land to the west of the Site, which would not increase overall harm. Furthermore, the Site Assessment Form goes on to state:
“The Site is considered more suitable for employment uses rather than residential uses and is also one of only a few sites identified by the EDNA (the Black Country Economic Development Needs Assessment) as being suitable for employment.”

Paragraph 140 of the NPPF confirms that, once established, Green Belt boundaries should only be altered where exceptional circumstances are fully evidenced and justified, through the preparation or updating of plans.

The Black Country Authorities consider that, through the preparation of the Black Country Plan, exceptional circumstances have been demonstrated to remove certain areas of land from the Black Country Green Belt to meet housing and employment land needs. An Economic Development Needs Assessment (EDNA), which provides an objective assessment of the industrial land needs for the Black Country against the area’s economic development needs, was prepared for the Black Country during 2016/17. This Assessment identified that there was a potential shortfall in employment land over the Plan period of between 283 hectares (against baseline growth scenario requirements) and 563 hectares (against most likely growth scenario requirements). A Black Country EDNA update (EDNA2, 2021) has been produced by WECD Consultants to update employment land demand estimates presented in the 2017 EDNA1, to inform the objective assessment of employment land needs for the Black Country to 2039. The EDNA2 (2021) notes that there have been some significant changes in the use of employment space since the publication of EDNA1, particularly in the last 18 months. Whilst manufacturing remains an important sector for the Black Country Economy, the COVID-19 pandemic has fuelled e-commerce, resulting in increased demand for logistics space requirements, including last mile facilities in close proximity to large urban populations. Accordingly, there is now projected to be an undersupply of employment land of between 148 hectares and 168 hectares.

The EDNA2 (2021) has estimated that the potential loss of employment land over the Plan period would be 62.7 hectares based on the detailed review of employment sites (including losses to residential uses and other alternative forms of development for employment spaces in the Black Country). Allowance for this loss will need to be considered for the future provision of employment space in the Black Country, bringing the level of employment land requirement in the Black Country to 30-31ha per annum over the next planning period (equivalent to between 212 and 232ha). This represents 37% of employment land need arising in the Black Country that cannot be met solely within the Black Country.

The Black Country Urban Capacity Review Update (May 2021) also concludes that, at this stage, a significant shortage of employment land will remain. This is after consideration of the potential for additional sources of employment land to meet the shortfall, such as current non-employment allocations which have not yet been developed for the alternative use, intensification of existing sites, any vacant land, and contributions from outside of the Black Country (for example, within South Staffordshire and Shropshire). It concluded that these potential sources will not fully accommodate the need for employment land and the gap in supply will remain significant in scale. Consequently, Paragraph 4.7 of the Urban Capacity Review concludes that “the exceptional circumstances necessary to trigger a Green Belt review in the Black Country, in order to meet housing and employment land needs, have been met”.

However, before concluding that exceptional circumstances exist to justify changes to Green Belt boundaries, the strategic policy making authority should be able to demonstrate that it has examined fully all other reasonable options for meeting its identified need for development, as noted in NPPF Paragraph 141. This will be assessed in terms of whether the strategy:

a. Makes as much use as possible of suitable brownfield sites and underutilised land;
b. Optimises the density of development, including whether policies promote a significant uplift in minimum density standards in town and city centres and other locations well served by public transport; and
c. Has been informed by discussions with neighbouring authorities about whether they could accommodate some of the identified need for development, as demonstrated through the statement of common ground.

With regard to making as much use as possible of suitable brownfield sites and underutilised land, the Urban Capacity Review Update (2021) identifies that the only additional sources of employment land supply within the Black Country urban area, which are not identified in the EDNA, are:
• • ‘Land within the urban area that is currently allocated for development for non-employment uses – in the main housing- but not yet developed for that use. This land is currently either occupied by employment uses and has scope for intensification, or vacant land that could be used for new employment uses in the future.
• • Additional employment land within existing employment areas – either through the intensification of existing under-occupied employment sites or land that is either currently vacant or may become vacant over the Plan period.’

The Urban Capacity Review identifies that 488 hectares of occupied employment land was allocated for housing within Black Country Authority Area Action Plans and Site Allocations Documents. This land was allocated on the basis of it being assessed to be of low quality in terms of its sustainability for employment uses in the long term and the future investment intentions of the businesses who occupied it.

As part of the evidence base work for the Black Country Plan, a Black Country Employment Area Review (BEAR) has been prepared, which has been informed by a landowner engagement exercise (as noted in the Landowner Engagement Exercise Technical Report (August 2021)). The BEAR seeks to identify the current intentions for existing employment sites and business needs to inform the Black County Plan approach on the protection and retention of employment land. The report reviews the extent to which existing housing allocations involving the redevelopment of employment land should be deleted, with those sites retained for employment activity.

The BEAR has concluded that many of the occupied employment sites currently allocated for housing contain businesses which have either invested in their premises and/or intend to remain in situ in the long term, and specifically throughout the new Plan period. In addition, the BEAR notes that the re-allocation of employment sites to housing would impact negatively on the ability of the Black Country to provide sufficient employment land to meet its identified needs, as any employment land lost to alternative uses would need to be replaced elsewhere and added to the land requirement. Therefore, the BEAR strongly suggests that these sites should be retained for employment uses and current housing allocations deleted through the Black Country Plan review. The EDNA2 (2021) also identifies a requirement for a net increase in employment land over the new Black Country Plan period, which is likely to require the retention of more existing employment land than previously anticipated.

In terms of optimising the intensification of existing sites and maximising the development of under-utilised buildings, the Urban Capacity Review recognises that there are likely to be some additional opportunities for intensification and redevelopment within existing employment areas that were not identified in the EDNA. However, it is anticipated that any new allocated sites are likely to be limited and small in scale, potentially contributing up to 50 hectares of additional employment land. Further recycled land may also come forward as ‘windfalls’ over the Plan period. It must also be acknowledged that increasing site densities, as part of intensification, can make sites less attractive to the market in certain sectors, for example, due to inadequate yard space/depths that precludes operational efficiency.
With regard to discussions with neighbouring authorities, further contributions are being explored through the Duty to Cooperate with neighbouring local authorities who share a physical and/or functional relationship with the Black Country. The EDNA2 (2021) estimates a potential contribution of 19 hectares of employment land to be made through Duty to Cooperate arrangements with South Staffordshire. The Shropshire Regulation 19 Local Plan also includes a contribution of 30 hectares of employment land towards meeting needs arising in the Black Country. In addition, there is an estimated contribution from the proposed West Midlands Interchange at Four Ashes of between 72 and 94 hectares. This would equate to a total of 121 hectares of contribution from outside the Black Country, which would mean that the undersupply of employment land requirements to meet market, growth and replacement demand in the Black Country would reduce to between 91 and 111 hectares.

Based on the above, it is considered that the Council have fully examined all other reasonable options for meeting the identified need for development outside of the Green Belt in line with Paragraph 141 of the NPPF. Despite this, there remains a significant undersupply of employment land in the area. Therefore, we consider that the Black Country Authorities have demonstrated that exceptional circumstances exist to remove certain areas of land from the Black Country Green Belt to meet employment land needs, including, land to the south of Bentley Lane in Walsall. However, it should be noted that local authorities should not shy away from higher employment land and housing numbers just because Green Belt release will be needed to achieve these numbers. Broader spatial objectives can and should be taken into account to justify higher employment land and housing figures, as demonstrated in the High Court ruling on the three statutory challenges to the adoption of the Guildford Local Plan (in Compton Parish Council & Ors v Guildford Borough Council & Anor [2019] EWHC 3242 (Admin)):

‘"Exceptional circumstances" is a less demanding test than the development control test for permitting inappropriate development in the Green Belt, which requires "very special circumstances." That difference is clear enough from the language itself and the different contexts in which they appear, but if authority were necessary, it can be found in R(Luton BC) v Central Bedfordshire Council [2015] EWCA Civ 537 at [56], Sales LJ. As Patterson J pointed out in IM Properties Development Ltd v Lichfield DC [2014] EWHC 2240 at [90-91 and 95-96], there is no requirement that Green Belt land be released as a last resort, nor was it necessary to show that assumptions upon which the Green Belt boundary had been drawn, had been falsified by subsequent events.’ [70]

This High Court judgment provides clarity on the circumstances under which the exceptional circumstances test can be met. It goes on to state:

“Likewise, at IR80, the Inspector found that land available for additional business development in the Guildford urban area was very limited, and it was unrealistic that much extra capacity could be obtained on existing sites such as the existing Surrey Research Park:

"The ability to meet the identified business needs therefore depends on making suitable new land available and there is no realistic alternative to releasing land from the Green Belt. Exceptional circumstances therefore arise at the strategic level to alter Green Belt boundaries to accommodate business and employment needs.”

We believe the same principles apply here and ‘exceptional circumstances’ are clearly demonstrated in light of the significant shortfall in employment land required.

Infrastructure and Delivery (Section 4)
Strategic Policies should make sufficient provision for infrastructure, as confirmed in parts b) and c) of NPPF Paragraph 20, which states:

“Strategic policies should set out an overall strategy for the pattern, scale and design quality of places, and make sufficient provision for infrastructure for:
b) transport, telecommunications, security, waste management, water supply, wastewater, flood risk and coastal change management, and the provision of minerals and energy (including heat)
c) community facilities (such as health, education and cultural infrastructure)”

Draft Policy DEL1 (Infrastructure Provision) of the Draft Black Country Plan emphasises that all new developments should be supported by the necessary on and off-site infrastructure to serve its needs, mitigate its impacts on the environment and the local community and ensure that it is sustainable and contributes to the proper planning of the wider area. We are therefore generally supportive of this policy, owing to its conformity with national planning policy.

It is however noted that Part 3 of Draft Policy DEL1 advises that the Black Country Authorities will set out in Development Plan Documents, Infrastructure Delivery Plans, Supplementary Planning Documents and, where appropriate, masterplans:

a. The infrastructure that is to be provided or supported;
b. The prioritisation of and resources for infrastructure provision;
c. The scale and form of obligation or levy to be applied to each type of infrastructure;
d. Guidance for integration with adjoining local authority areas;
e. The procedure for maintenance payments and charges for preparing agreements;
f. The defined circumstances and procedure for negotiation regarding infrastructure provision.

Whilst generally supportive of this approach, it is considered that the Site can be suitably delivered without significant upgrades to the supporting infrastructure. We would therefore be grateful to be included as part of any future consultation on the Infrastructure Delivery Plan. Indeed, we would expect the Infrastructure Delivery Plan to support the emerging Black Country Plan through Examination.
Promotion of Fibre and 5G Networks
Draft Policy DEL3 (Promotion of Fibre to the Premises and 5G Network) requires all major developments to deliver Fibre to the Premises (FTTP) capacity/infrastructure to all individual properties or alternatively, non-Next Generation Access technologies that can provide speeds in excess of 30MB per second, where FTTP cannot be delivered. Furthermore, any proposals for infrastructure to support the delivery of 5G networks will be supported, in principle, subject to meeting the requirements of other local policies and national guidance.

We are generally supportive of Draft Policy DEL3, particularly as this aligns with Paragraph 114 of the NPPF, which requires planning policies and decisions to support the expansion of electronic communications networks, including next generation mobile technology (such as 5G) and full fibre broadband connections. However, it is important to note that the promotion of Fibre may not always be practicable or viable in new developments. Criterion (1) is therefore supported insofar as it allows for this requirement to be reduced where it can be clearly demonstrated that it is not practical or viable.

Health and Wellbeing (Section 5)
Draft Policy HW1 (Health and Wellbeing) provides a strategic context for how health and wellbeing is influenced by planning. We are supportive of this draft policy, particularly as it aligns with the requirements of NPPF Paragraph 92 as it aims to achieve healthy, inclusive and safe places which promote social interaction, are safe and accessible, and enable and support healthy lifestyles to address identified local health and wellbeing needs.

Part F of Draft Policy HW1 advises that the regeneration and transformation of the Black Country should provide a range of quality employment opportunities for all skill sets and abilities along with the education and training facilities to enable residents to fulfil their potential and support initiatives to promote local employment and procurement during construction.

The development will provide job opportunities during both the construction and operational phases. This will ensure that the development accords with the aims of Draft Policy HW1 in achieving a healthy, inclusive and safe development to address identified local health and wellbeing needs.

The Black Country Economy (Section 7)
Part (a) of NPPF Paragraph 82 makes reference to local authorities having regard to Local Industrial Strategies when setting out a clear economic vision and strategy which positively and proactively encourages sustainable economic growth. The West Midlands Local Industrial Strategy (May 2019) recognises the significant shortfall in employment land across its geography (Page 63) and makes a commitment to implementing a strategic programme of employment land development based on up-to-date, locally-led evidence (Page 65). This supports the allocation of the Site in this sustainable location.

Part (b) of Paragraph 82 requires strategic policy-making authorities to set criteria, or identify strategic sites, for local and inward investment to match the strategy and to meet anticipated needs over the Plan period. In addition, NPPF Paragraph 83 states that planning policies should recognise and address the specific locational requirements of different sectors. This includes making provision for clusters or networks of knowledge and data-driven, creative or high technology industries, and for storage and distribution operations at a variety of scales and in suitably accessible locations. The Site reflects the locational requirements of logistics that are described in the Planning Practice Guidance (PPG) (031 Reference ID: 2a-031-20190722) and, in particular, it would be attractive to last mile operators given its excellent access to the wider conurbation. Both the PPG and National Infrastructure Commission’s (NIC’s) ‘Better Delivery: The Challenge for Freight’ Report (April 2019) (see Recommendation 4) make specific reference to the provision of sites for last mile logistics in recognition of the changing nature of the market and boom in ecommerce. This supports the case for designating the Site for employment uses and initial interest has already been received from a number of occupiers looking to invest at this location.

Draft Policy EMP1 (Providing for Economic Growth and Jobs) seeks to ensure a sufficient quantum of development opportunities are provided to meet the demand for economic growth and support the diversification of the Black Country economy. The Black Country Authorities will seek the delivery of at least 355 hectares of employment land within the Black Country, in Use Classes E(g)(ii), E(g)(iii), B2, and B8 between 2020 and 2039: mostly through sites allocated for development in the Plan. This includes 164 hectares in Walsall. The Site is identified on the Employment Key Diagram as an Employment Development Site and will thus be safeguarded for employment uses within Use Classes E(g)(ii), E(g)(iii), B2, and B8, as noted within Part 4 of Draft Policy EMP1. We are supportive of this draft policy which aligns with the aims of NPPF Paragraph 82.

Improving Access to the Labour Market

Draft Policy EMP5 (Improving Access to the Labour Market) requires planning applications for new major job-creating development to demonstrate how job opportunities arising from the proposed development will be made available to the residents of the Black Country, particularly those in the most deprived areas of the sub-region and priority groups. Furthermore, Part 2 of Draft Policy EMP5 goes on to state that planning conditions or obligations will be negotiated with applicants and applied as appropriate to secure initiatives and/or contributions to a range of measures to benefit the local community, including the potential for working with local colleges and universities, to ensure:-

a) The provision of training opportunities to assist residents in accessing employment opportunities;
b) The provision of support to residents in applying for jobs arising from the development;
c) Enhancement of the accessibility of the development to residents by a choice means of transport;
d) Child-care provision which enables residents to access employment opportunities;
e) Measures to assist those with physical or mental health disabilities to access employment opportunities.

We are generally supportive of this approach as it looks to ensure that development proposals for employment generating uses meet the needs of local residents. However, it is noted that there is no information available as to the level of financial contributions which will be sought as part of development proposals. We would therefore be grateful if the Council could provide further details of the contributions which will be sought as part of any future consultation. Whilst it is important to ensure that development proposals meet the needs of local residents, this cannot result in schemes becoming unviable.
Transport (Section 9)
Draft Policy TRAN1 (Priorities for the Development of the Transport Network) advises that key transport corridors will be prioritised through the delivery of infrastructure to support active travel (walking, cycling), public transport improvements, traffic management (including localised junction improvements) and road safety. Part 4 of Draft Policy TRAN1 also emphasises that key transport priorities identified for delivery during the lifetime of the Black Country Plan currently include M6 Junction 10 and key road corridors, including the A454.

Linked to the above, Draft Policy TRAN4 (The Efficient Movement of Freight) also encourages road-based freight to use the Key Route Network whenever practicable. In addition, Draft Policy TRAN4 advises that junction improvements and routeing strategies will be focused on those parts of the highway network evidenced as being of particular importance for freight access to employment sites and the motorway network. We strongly support Draft Policies TRAN1 and TRAN4, especially as the ongoing investment and improvement of committed transport priorities and projects, including to M6 Junction 10 and the Black Country Route (A454) which are located approximately 2km to the south of the Site, reinforces the suitability of the Site for a high quality employment development as it will be adequately serviced by a variety of travel modes. These transport improvements will support the scale of growth proposed at the Site and within the wider Core Regeneration Area, and will also facilitate improved access to the Site for local communities.

Paragraph 113 of the NPPF advises that all developments that will generate significant amounts of movement should be required to provide a Travel Plan, and the application should be supported by a Transport Statement or Transport Assessment so that the likely impacts of the proposal can be assessed. As such, we are supportive of Draft Policy TRAN3 (Managing Transport Impacts of New Development), which is consistent with NPPF Paragraph 113, emphasising that Transport Assessments and Travel Plans produced by developers are essential to demonstrate that an acceptable level of accessibility and safety can be achieved using all modes of transport to, from and through the development.

Draft Policy TRAN5 (Creating Coherent Networks for Cycling and Walking) also encourages new developments to create an environment that encourages sustainable travel via safe and direct links that connect to existing walking and cycling networks, and good walking and cycling links to public transport nodes and interchanges. We are generally supportive of this policy as it accords with the requirements of Paragraph 110 of the NPPF, which advises that in assessing sites that may be allocated for development in plans, it should be ensured that appropriate opportunities to promote sustainable transport modes can be taken up, and that safe and suitable access to the site can be achieved from all users.

Parking

Draft Policy TRAN7 (Parking Management) identifies that the Black Country Authorities will ensure a consistent approach to maximum parking standards is enforced in new developments, as set out in supplementary planning documents.

Whilst it is considered important to promote sustainable transport methods as part of new developments, the provision of parking is critical to the success of logistics schemes. Indeed, where a logistics development is in operation for 24-hours a day, it can mean a shift change takes place overnight where public transport is either limited or not available.

a. achieve a 19% carbon reduction improvement upon the requirements within Building Regulations Approved Document, Part L 2013, or achieve any higher standard than this that is required under new national planning policy or building regulations; and, in addition
b. incorporate generation of energy from renewable or low carbon sources sufficient to off-set at least 20% of the estimated residual energy demand of the development on completion.

We would therefore recommend that draft Policy TRAN7 is amended to confirm that maximum parking standards would not relate to logistics developments.

Environmental Transformation and Climate Change (Section 10)

Biodiversity Net Gain
NPPF Paragraph 32 advises that Local Plans should address relevant environmental objectives, including opportunities for net gains. Where significant adverse impacts are unavoidable, suitable mitigation measures should be proposed (or, where this is not possible, compensatory measures should be considered). Moreover, Paragraph 174 advises that planning policies and decisions should contribute to and enhance the natural and local environment by minimising impacts on and providing net gains for biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures.

As such, it is considered that draft Policy ENV3 (Nature Recovery Network and Biodiversity Net Gain) is not consistent with national policy as it requires all development to deliver a minimum 10% net gain in biodiversity value when measured against baseline site information. The NPPF places no requirement on development proposals to deliver a notional target of a 10% net gain. It is therefore considered that draft Policy ENV3 should be amended to simply require all development proposals to achieve a biodiversity net gain.

Draft Policy ENV9 (Design Quality) provides guidance on design standards and principles to be assessed and included within design and access statements. Part 1(d) of Draft Policy ENV9 is of particular relevance to employment developments as it encourages developments to consider crime prevention measures and Secured by Design Principles. We support Policy ENV9 in principle, as this policy seeks to ensure that developments are designed to the highest possible standards.

Climate Change

Policy CC2 (Energy Infrastructure) identifies that development proposals would need to include opportunities for decentralised energy provision within the site, unless it can be demonstrated that the development is not suitable, feasible or viable for district heat or decentralised power networks. Such an approach is supported, given that the policy suitably reflects that opportunities for decentralised energy provision may not always be appropriate or viable.

Policy CC7 (Renewable and Low Carbon Energy and BREEAM Standards) identifies that major development must:

With regard to BREEAM Standards, Part 6 of Draft Policy CC7 requires all new non-residential developments greater than 5,000 sqm gross to meet BREEAM Excellent Standards, unless it can be demonstrated that achievement of the standard would make the proposal unviable, through submission of an independently assessed financial viability appraisal. Draft Policy CC7 is therefore generally supported as it notes that achieving BREEAM excellent may not always be a viable option.
Sub-areas and Site Allocations (Section 13)
The strategy for Walsall is set out at Paragraph C.8 in Chapter 13 of the draft Black Country Plan, which is as follows:

“In the future, Walsall will be a more confident place, with renewed investment in key infrastructure and key centres, greater opportunities for work and leisure and an affordable, accessible housing stock.”

We are supportive of this strategy and consider the delivery of the Site will help this to be achieved, particularly as the development will comprise an employment development which will generate direct and indirect jobs in construction and direct local employment opportunities when operational. The development will be sustainable in accordance with the strategy proposed for Walsall.

Walsall to Wolverhampton Core Growth Area
At Paragraph C.26 of Chapter 13, the Draft Plan defines the Walsall to Wolverhampton Core Regeneration Area as being located around the road, rail and waterway corridor, with the Black Country Route linked to M6 Junction 10, the re-opened railway stations at Darlaston and Willenhall, and the Wyrley and Essington Canal which provides a pedestrian, cycle and leisure route from Birchills, through Walsall Strategic Centre, Phoenix 10 and Darlaston to Moxley.

Paragraph C.26 goes on to state:

“Much regeneration has already taken place in this area, and many new homes and jobs are expected to be delivered in the future at key locations such as Phoenix 10, Bentley Lane, Moxley Tip and in Willenhall Town Centre. The Core Regeneration Area will continue to be the focus of public sector investment to regenerate brownfield sites” [Our emphasis].

We strongly support the strategy for the Core Regeneration Area and consider that land south of Bentley Lane can contribute to the aims for this area. As noted in Table 36 (Walsall Sites Allocated for Employment by Black Country Plan Policy EMP1), the Site (BCP Site Ref. WAE404 ‘Lynx / Beatwaste Site, Bentley Lane) has the capacity to deliver up to 11.22 hectares of employment land. In addition, Table 36 anticipates that such development can be delivered within the Plan period (i.e. by 2039).

Notwithstanding the above, we note that the Site is referred to as ‘Lynx / Beatwaste Site, Bentley Lane’ within Table 36. However, the Site Assessment Form refers to the Site as ‘Land to the South of Bentley Lane, Willenhall, Walsall.’ We can confirm that the Site should simply be referred to as ‘Land south of Bentley Lane’, to avoid confusion.

Summary
We would be grateful if you could consider our comments and make the requested changes, and that we are kept informed of the next stages of the Local Plan’s preparation. In the meantime, if you have any queries, then please do not hesitate to contact me.

Support

Representation ID: 21238

Received: 11/10/2021

Respondent: Newlands Developments

The Vision, Strategic Objectives and Strategic Priorities (Section 2)
The Vision
The Black Country Authorities have set out a vision for the Black Country up to 2039. We support the vision, in principle, which seeks to create a prosperous, stronger and sustainable Black Country. This vision provides a positive framework for the Strategic Objectives and is generally aligned with the three overarching sustainability objectives set out in NPPF Paragraph 8.

Strategic Objectives
We have reviewed the strategic objectives and strategic priorities set out in Table 1 (Black Country Plan – Objectives and Strategic Priorities) of the draft Plan. We are supportive of the Strategic Objectives, which will address the key strategic challenges and opportunities that have arisen since the Core Strategy was adopted in 2011, particularly in relation to climate change, health and wellbeing, promoting sustainable transport, enhancing the natural and built environment, and meeting infrastructure needs It is considered that an employment development at the Site would align with these Strategic Objectives, especially Strategic Priority 7, which aims to provide a balanced portfolio of employment sites and to protect and enhance existing sustainable employment areas to support the development of key employment sectors and enable existing businesses to expand. We consider that the Site, which has the capacity to deliver an employment (industrial and/or logistics) development of up to 11.2 hectares in a sustainable location, would assist the Black Country Authorities in achieving this Strategic Priority and would support the diversification of the Black Country economy.

Support

Representation ID: 21239

Received: 11/10/2021

Respondent: Newlands Developments

Spatial Strategy (Section 3)
The Spatial Strategy is set out in Draft Policies CSP1, CSP2, CSP3 and CSP4, and illustrated on the Key Spatial Diagram (Figure 2), which provides the overarching basis for the Plan’s proposals for growth and infrastructure improvements. We are supportive of the Key Spatial Diagram, as this accords with Paragraph 23 of the NPPF, which requires broad locations for development to be indicated on a key diagram, and land-use designations and allocations identified on a policies map.
The Site, located in Walsall, is identified on the Key Spatial Diagram as an employment development site (EMP1) located within a Core Regeneration Area (CSP2).

Development Strategy
Draft Policy CSP1 (Development Strategy) provides the overarching spatial strategy for the Black Country, setting out the scale and distribution of new development for the Plan period to 2039. Part 1 of this policy seeks to deliver at least 355 hectares of employment land. Part 2 explains that the spatial strategy seeks to deliver this by focusing growth and regeneration into the Growth Network that comprises the Strategic Centres and Core Regeneration Areas. We are supportive of this policy, which seeks to direct growth to the most sustainable locations and to sites which have been assessed as most suitable by the Black Country Authorities’ site selection process and as part of the Sustainability Appraisal (SA).

The Development Strategy, set out under Draft Policy CSP1, has been developed through a comprehensive assessment of a range of alternative options, as set out in the Spatial Options Paper. The SA also includes an assessment of eleven spatial options identified by the Councils. Each option has been assessed for its likely sustainable impacts.

The Preferred Spatial Option selected is Option J (Balanced Growth), which focuses growth within existing Strategic Centres, Core Regeneration Areas and Towns and Neighbourhood Areas in the sub-region. The strategy takes advantage of their existing infrastructure capacity, in addition to a limited number of new growth areas near to the edge of settlements that take account of environmental, climate change, accessibility and socio-economic requirements. Spatial Option J ensures that development within the Green Belt is only located in the most sustainable locations with good access to help reduce reliance on private car usage. This approach, along with Spatial Option J, is fully supported.

The Site benefits from a sustainable location with good access to surrounding sustainable modes of transport. There are two bus stops located immediately adjacent to the north of the Site along Bentley Lane. From this stop, services connect the Site to Walsall and Wolverhampton with regular 30-minute services seven days a week. The Site’s good public transport links are also important in the context of Paragraph 142 of the NPPF, which identifies that where it has been concluded that it is necessary to release Green Belt land for development, plans should give first consideration to land that is well served by public transport.

With regard to the local road network, the Site is located along Bentley Lane, which provides direct links to M6 Junction 10 via Bloxwich Lane, and is suitable for use by HGVs. The Walsall to Wolverhampton Core Regeneration Area is based around the Black Country Route and M6 Junction 10 road corridor, which is located approximately 2km to the south of the Site. This sustainable location, which is also in close proximity to a large labour force, means that it is suitable for high quality industrial and logistics development. It is therefore considered that the Site is suitable and deliverable and could be released from the Green Belt to provide much-needed employment land. This would be in accordance with the aims of the NPPF and would also assist in meeting the employment land need of the District and the unmet needs of the FEMA.

Support

Representation ID: 21240

Received: 11/10/2021

Respondent: Newlands Developments

Core Regeneration Areas
The strategic approach for the growth network is set out within Draft Policy CSP2. We are supportive of this policy, in particular Part 4(a) which states that the Core Regeneration Areas linking the Strategic Centres will provide the principal concentrations of strategic employment areas. These are high quality employment areas that will be safeguarded and enhanced for manufacturing and logistics activity to support the long-term success of the Black Country’s economy. Furthermore, Part 4(c) advises that the Core Regeneration Areas will provide the principal locations for new industrial and logistics development: providing 192 hectares of developable employment land to meet growth needs. As noted above, the Site is located within the Walsall to Wolverhampton Core Regeneration Area and has a development capacity of 11.22 hectares.

Support

Representation ID: 21241

Received: 11/10/2021

Respondent: Newlands Developments

Green Belt
The Black Country Authorities have undertaken Local Sites Assessment Reports for the proposed allocations, including Land south of Bentley Lane, Walsall (Site Reference SA-0057-WAL). A copy of the Site Assessment Form completed for the Site is included at Appendix 2.

The Site Assessment Form includes a Green Belt assessment of the Site, owing to its location within the Black Country Green Belt. The Assessment identifies that the Site comprises a narrow gap between towns and has urban edges on two sides and urbanising influences to the west. It concludes that the release of this area from the Green Belt would only weaken the contribution of land to the west of the Site, which would not increase overall harm. Furthermore, the Site Assessment Form goes on to state:
“The Site is considered more suitable for employment uses rather than residential uses and is also one of only a few sites identified by the EDNA (the Black Country Economic Development Needs Assessment) as being suitable for employment.”

Paragraph 140 of the NPPF confirms that, once established, Green Belt boundaries should only be altered where exceptional circumstances are fully evidenced and justified, through the preparation or updating of plans.

The Black Country Authorities consider that, through the preparation of the Black Country Plan, exceptional circumstances have been demonstrated to remove certain areas of land from the Black Country Green Belt to meet housing and employment land needs. An Economic Development Needs Assessment (EDNA), which provides an objective assessment of the industrial land needs for the Black Country against the area’s economic development needs, was prepared for the Black Country during 2016/17. This Assessment identified that there was a potential shortfall in employment land over the Plan period of between 283 hectares (against baseline growth scenario requirements) and 563 hectares (against most likely growth scenario requirements). A Black Country EDNA update (EDNA2, 2021) has been produced by WECD Consultants to update employment land demand estimates presented in the 2017 EDNA1, to inform the objective assessment of employment land needs for the Black Country to 2039. The EDNA2 (2021) notes that there have been some significant changes in the use of employment space since the publication of EDNA1, particularly in the last 18 months. Whilst manufacturing remains an important sector for the Black Country Economy, the COVID-19 pandemic has fuelled e-commerce, resulting in increased demand for logistics space requirements, including last mile facilities in close proximity to large urban populations. Accordingly, there is now projected to be an undersupply of employment land of between 148 hectares and 168 hectares.

The EDNA2 (2021) has estimated that the potential loss of employment land over the Plan period would be 62.7 hectares based on the detailed review of employment sites (including losses to residential uses and other alternative forms of development for employment spaces in the Black Country). Allowance for this loss will need to be considered for the future provision of employment space in the Black Country, bringing the level of employment land requirement in the Black Country to 30-31ha per annum over the next planning period (equivalent to between 212 and 232ha). This represents 37% of employment land need arising in the Black Country that cannot be met solely within the Black Country.

The Black Country Urban Capacity Review Update (May 2021) also concludes that, at this stage, a significant shortage of employment land will remain. This is after consideration of the potential for additional sources of employment land to meet the shortfall, such as current non-employment allocations which have not yet been developed for the alternative use, intensification of existing sites, any vacant land, and contributions from outside of the Black Country (for example, within South Staffordshire and Shropshire). It concluded that these potential sources will not fully accommodate the need for employment land and the gap in supply will remain significant in scale. Consequently, Paragraph 4.7 of the Urban Capacity Review concludes that “the exceptional circumstances necessary to trigger a Green Belt review in the Black Country, in order to meet housing and employment land needs, have been met”.

However, before concluding that exceptional circumstances exist to justify changes to Green Belt boundaries, the strategic policy making authority should be able to demonstrate that it has examined fully all other reasonable options for meeting its identified need for development, as noted in NPPF Paragraph 141. This will be assessed in terms of whether the strategy:

a. Makes as much use as possible of suitable brownfield sites and underutilised land;
b. Optimises the density of development, including whether policies promote a significant uplift in minimum density standards in town and city centres and other locations well served by public transport; and
c. Has been informed by discussions with neighbouring authorities about whether they could accommodate some of the identified need for development, as demonstrated through the statement of common ground.

With regard to making as much use as possible of suitable brownfield sites and underutilised land, the Urban Capacity Review Update (2021) identifies that the only additional sources of employment land supply within the Black Country urban area, which are not identified in the EDNA, are:
• • ‘Land within the urban area that is currently allocated for development for non-employment uses – in the main housing- but not yet developed for that use. This land is currently either occupied by employment uses and has scope for intensification, or vacant land that could be used for new employment uses in the future.
• • Additional employment land within existing employment areas – either through the intensification of existing under-occupied employment sites or land that is either currently vacant or may become vacant over the Plan period.’

The Urban Capacity Review identifies that 488 hectares of occupied employment land was allocated for housing within Black Country Authority Area Action Plans and Site Allocations Documents. This land was allocated on the basis of it being assessed to be of low quality in terms of its sustainability for employment uses in the long term and the future investment intentions of the businesses who occupied it.

As part of the evidence base work for the Black Country Plan, a Black Country Employment Area Review (BEAR) has been prepared, which has been informed by a landowner engagement exercise (as noted in the Landowner Engagement Exercise Technical Report (August 2021)). The BEAR seeks to identify the current intentions for existing employment sites and business needs to inform the Black County Plan approach on the protection and retention of employment land. The report reviews the extent to which existing housing allocations involving the redevelopment of employment land should be deleted, with those sites retained for employment activity.

The BEAR has concluded that many of the occupied employment sites currently allocated for housing contain businesses which have either invested in their premises and/or intend to remain in situ in the long term, and specifically throughout the new Plan period. In addition, the BEAR notes that the re-allocation of employment sites to housing would impact negatively on the ability of the Black Country to provide sufficient employment land to meet its identified needs, as any employment land lost to alternative uses would need to be replaced elsewhere and added to the land requirement. Therefore, the BEAR strongly suggests that these sites should be retained for employment uses and current housing allocations deleted through the Black Country Plan review. The EDNA2 (2021) also identifies a requirement for a net increase in employment land over the new Black Country Plan period, which is likely to require the retention of more existing employment land than previously anticipated.

In terms of optimising the intensification of existing sites and maximising the development of under-utilised buildings, the Urban Capacity Review recognises that there are likely to be some additional opportunities for intensification and redevelopment within existing employment areas that were not identified in the EDNA. However, it is anticipated that any new allocated sites are likely to be limited and small in scale, potentially contributing up to 50 hectares of additional employment land. Further recycled land may also come forward as ‘windfalls’ over the Plan period. It must also be acknowledged that increasing site densities, as part of intensification, can make sites less attractive to the market in certain sectors, for example, due to inadequate yard space/depths that precludes operational efficiency.
With regard to discussions with neighbouring authorities, further contributions are being explored through the Duty to Cooperate with neighbouring local authorities who share a physical and/or functional relationship with the Black Country. The EDNA2 (2021) estimates a potential contribution of 19 hectares of employment land to be made through Duty to Cooperate arrangements with South Staffordshire. The Shropshire Regulation 19 Local Plan also includes a contribution of 30 hectares of employment land towards meeting needs arising in the Black Country. In addition, there is an estimated contribution from the proposed West Midlands Interchange at Four Ashes of between 72 and 94 hectares. This would equate to a total of 121 hectares of contribution from outside the Black Country, which would mean that the undersupply of employment land requirements to meet market, growth and replacement demand in the Black Country would reduce to between 91 and 111 hectares.

Based on the above, it is considered that the Council have fully examined all other reasonable options for meeting the identified need for development outside of the Green Belt in line with Paragraph 141 of the NPPF. Despite this, there remains a significant undersupply of employment land in the area. Therefore, we consider that the Black Country Authorities have demonstrated that exceptional circumstances exist to remove certain areas of land from the Black Country Green Belt to meet employment land needs, including, land to the south of Bentley Lane in Walsall. However, it should be noted that local authorities should not shy away from higher employment land and housing numbers just because Green Belt release will be needed to achieve these numbers. Broader spatial objectives can and should be taken into account to justify higher employment land and housing figures, as demonstrated in the High Court ruling on the three statutory challenges to the adoption of the Guildford Local Plan (in Compton Parish Council & Ors v Guildford Borough Council & Anor [2019] EWHC 3242 (Admin)):

‘"Exceptional circumstances" is a less demanding test than the development control test for permitting inappropriate development in the Green Belt, which requires "very special circumstances." That difference is clear enough from the language itself and the different contexts in which they appear, but if authority were necessary, it can be found in R(Luton BC) v Central Bedfordshire Council [2015] EWCA Civ 537 at [56], Sales LJ. As Patterson J pointed out in IM Properties Development Ltd v Lichfield DC [2014] EWHC 2240 at [90-91 and 95-96], there is no requirement that Green Belt land be released as a last resort, nor was it necessary to show that assumptions upon which the Green Belt boundary had been drawn, had been falsified by subsequent events.’ [70]

This High Court judgment provides clarity on the circumstances under which the exceptional circumstances test can be met. It goes on to state:

“Likewise, at IR80, the Inspector found that land available for additional business development in the Guildford urban area was very limited, and it was unrealistic that much extra capacity could be obtained on existing sites such as the existing Surrey Research Park:

"The ability to meet the identified business needs therefore depends on making suitable new land available and there is no realistic alternative to releasing land from the Green Belt. Exceptional circumstances therefore arise at the strategic level to alter Green Belt boundaries to accommodate business and employment needs.”

We believe the same principles apply here and ‘exceptional circumstances’ are clearly demonstrated in light of the significant shortfall in employment land required.

Comment

Representation ID: 21242

Received: 11/10/2021

Respondent: Newlands Developments

Infrastructure and Delivery (Section 4)
Strategic Policies should make sufficient provision for infrastructure, as confirmed in parts b) and c) of NPPF Paragraph 20, which states:

“Strategic policies should set out an overall strategy for the pattern, scale and design quality of places, and make sufficient provision for infrastructure for:
b) transport, telecommunications, security, waste management, water supply, wastewater, flood risk and coastal change management, and the provision of minerals and energy (including heat)
c) community facilities (such as health, education and cultural infrastructure)”

Draft Policy DEL1 (Infrastructure Provision) of the Draft Black Country Plan emphasises that all new developments should be supported by the necessary on and off-site infrastructure to serve its needs, mitigate its impacts on the environment and the local community and ensure that it is sustainable and contributes to the proper planning of the wider area. We are therefore generally supportive of this policy, owing to its conformity with national planning policy.

It is however noted that Part 3 of Draft Policy DEL1 advises that the Black Country Authorities will set out in Development Plan Documents, Infrastructure Delivery Plans, Supplementary Planning Documents and, where appropriate, masterplans:

a. The infrastructure that is to be provided or supported;
b. The prioritisation of and resources for infrastructure provision;
c. The scale and form of obligation or levy to be applied to each type of infrastructure;
d. Guidance for integration with adjoining local authority areas;
e. The procedure for maintenance payments and charges for preparing agreements;
f. The defined circumstances and procedure for negotiation regarding infrastructure provision.

Whilst generally supportive of this approach, it is considered that the Site can be suitably delivered without significant upgrades to the supporting infrastructure. We would therefore be grateful to be included as part of any future consultation on the Infrastructure Delivery Plan. Indeed, we would expect the Infrastructure Delivery Plan to support the emerging Black Country Plan through Examination.

Comment

Representation ID: 21243

Received: 11/10/2021

Respondent: Newlands Developments

Promotion of Fibre and 5G Networks
Draft Policy DEL3 (Promotion of Fibre to the Premises and 5G Network) requires all major developments to deliver Fibre to the Premises (FTTP) capacity/infrastructure to all individual properties or alternatively, non-Next Generation Access technologies that can provide speeds in excess of 30MB per second, where FTTP cannot be delivered. Furthermore, any proposals for infrastructure to support the delivery of 5G networks will be supported, in principle, subject to meeting the requirements of other local policies and national guidance.

We are generally supportive of Draft Policy DEL3, particularly as this aligns with Paragraph 114 of the NPPF, which requires planning policies and decisions to support the expansion of electronic communications networks, including next generation mobile technology (such as 5G) and full fibre broadband connections. However, it is important to note that the promotion of Fibre may not always be practicable or viable in new developments. Criterion (1) is therefore supported insofar as it allows for this requirement to be reduced where it can be clearly demonstrated that it is not practical or viable.

Support

Representation ID: 21244

Received: 11/10/2021

Respondent: Newlands Developments

Health and Wellbeing (Section 5)
Draft Policy HW1 (Health and Wellbeing) provides a strategic context for how health and wellbeing is influenced by planning. We are supportive of this draft policy, particularly as it aligns with the requirements of NPPF Paragraph 92 as it aims to achieve healthy, inclusive and safe places which promote social interaction, are safe and accessible, and enable and support healthy lifestyles to address identified local health and wellbeing needs.

Part F of Draft Policy HW1 advises that the regeneration and transformation of the Black Country should provide a range of quality employment opportunities for all skill sets and abilities along with the education and training facilities to enable residents to fulfil their potential and support initiatives to promote local employment and procurement during construction.

The development will provide job opportunities during both the construction and operational phases. This will ensure that the development accords with the aims of Draft Policy HW1 in achieving a healthy, inclusive and safe development to address identified local health and wellbeing needs.

Support

Representation ID: 21245

Received: 11/10/2021

Respondent: Newlands Developments

The Black Country Economy (Section 7)
Part (a) of NPPF Paragraph 82 makes reference to local authorities having regard to Local Industrial Strategies when setting out a clear economic vision and strategy which positively and proactively encourages sustainable economic growth. The West Midlands Local Industrial Strategy (May 2019) recognises the significant shortfall in employment land across its geography (Page 63) and makes a commitment to implementing a strategic programme of employment land development based on up-to-date, locally-led evidence (Page 65). This supports the allocation of the Site in this sustainable location.

Part (b) of Paragraph 82 requires strategic policy-making authorities to set criteria, or identify strategic sites, for local and inward investment to match the strategy and to meet anticipated needs over the Plan period. In addition, NPPF Paragraph 83 states that planning policies should recognise and address the specific locational requirements of different sectors. This includes making provision for clusters or networks of knowledge and data-driven, creative or high technology industries, and for storage and distribution operations at a variety of scales and in suitably accessible locations. The Site reflects the locational requirements of logistics that are described in the Planning Practice Guidance (PPG) (031 Reference ID: 2a-031-20190722) and, in particular, it would be attractive to last mile operators given its excellent access to the wider conurbation. Both the PPG and National Infrastructure Commission’s (NIC’s) ‘Better Delivery: The Challenge for Freight’ Report (April 2019) (see Recommendation 4) make specific reference to the provision of sites for last mile logistics in recognition of the changing nature of the market and boom in ecommerce. This supports the case for designating the Site for employment uses and initial interest has already been received from a number of occupiers looking to invest at this location.

Draft Policy EMP1 (Providing for Economic Growth and Jobs) seeks to ensure a sufficient quantum of development opportunities are provided to meet the demand for economic growth and support the diversification of the Black Country economy. The Black Country Authorities will seek the delivery of at least 355 hectares of employment land within the Black Country, in Use Classes E(g)(ii), E(g)(iii), B2, and B8 between 2020 and 2039: mostly through sites allocated for development in the Plan. This includes 164 hectares in Walsall. The Site is identified on the Employment Key Diagram as an Employment Development Site and will thus be safeguarded for employment uses within Use Classes E(g)(ii), E(g)(iii), B2, and B8, as noted within Part 4 of Draft Policy EMP1. We are supportive of this draft policy which aligns with the aims of NPPF Paragraph 82.

Improving Access to the Labour Market

Draft Policy EMP5 (Improving Access to the Labour Market) requires planning applications for new major job-creating development to demonstrate how job opportunities arising from the proposed development will be made available to the residents of the Black Country, particularly those in the most deprived areas of the sub-region and priority groups. Furthermore, Part 2 of Draft Policy EMP5 goes on to state that planning conditions or obligations will be negotiated with applicants and applied as appropriate to secure initiatives and/or contributions to a range of measures to benefit the local community, including the potential for working with local colleges and universities, to ensure:-

a) The provision of training opportunities to assist residents in accessing employment opportunities;
b) The provision of support to residents in applying for jobs arising from the development;
c) Enhancement of the accessibility of the development to residents by a choice means of transport;
d) Child-care provision which enables residents to access employment opportunities;
e) Measures to assist those with physical or mental health disabilities to access employment opportunities.

We are generally supportive of this approach as it looks to ensure that development proposals for employment generating uses meet the needs of local residents. However, it is noted that there is no information available as to the level of financial contributions which will be sought as part of development proposals. We would therefore be grateful if the Council could provide further details of the contributions which will be sought as part of any future consultation. Whilst it is important to ensure that development proposals meet the needs of local residents, this cannot result in schemes becoming unviable.

Comment

Representation ID: 21246

Received: 11/10/2021

Respondent: Newlands Developments

Transport (Section 9)
Draft Policy TRAN1 (Priorities for the Development of the Transport Network) advises that key transport corridors will be prioritised through the delivery of infrastructure to support active travel (walking, cycling), public transport improvements, traffic management (including localised junction improvements) and road safety. Part 4 of Draft Policy TRAN1 also emphasises that key transport priorities identified for delivery during the lifetime of the Black Country Plan currently include M6 Junction 10 and key road corridors, including the A454.

Linked to the above, Draft Policy TRAN4 (The Efficient Movement of Freight) also encourages road-based freight to use the Key Route Network whenever practicable. In addition, Draft Policy TRAN4 advises that junction improvements and routeing strategies will be focused on those parts of the highway network evidenced as being of particular importance for freight access to employment sites and the motorway network. We strongly support Draft Policies TRAN1 and TRAN4, especially as the ongoing investment and improvement of committed transport priorities and projects, including to M6 Junction 10 and the Black Country Route (A454) which are located approximately 2km to the south of the Site, reinforces the suitability of the Site for a high quality employment development as it will be adequately serviced by a variety of travel modes. These transport improvements will support the scale of growth proposed at the Site and within the wider Core Regeneration Area, and will also facilitate improved access to the Site for local communities.

Paragraph 113 of the NPPF advises that all developments that will generate significant amounts of movement should be required to provide a Travel Plan, and the application should be supported by a Transport Statement or Transport Assessment so that the likely impacts of the proposal can be assessed. As such, we are supportive of Draft Policy TRAN3 (Managing Transport Impacts of New Development), which is consistent with NPPF Paragraph 113, emphasising that Transport Assessments and Travel Plans produced by developers are essential to demonstrate that an acceptable level of accessibility and safety can be achieved using all modes of transport to, from and through the development.

Draft Policy TRAN5 (Creating Coherent Networks for Cycling and Walking) also encourages new developments to create an environment that encourages sustainable travel via safe and direct links that connect to existing walking and cycling networks, and good walking and cycling links to public transport nodes and interchanges. We are generally supportive of this policy as it accords with the requirements of Paragraph 110 of the NPPF, which advises that in assessing sites that may be allocated for development in plans, it should be ensured that appropriate opportunities to promote sustainable transport modes can be taken up, and that safe and suitable access to the site can be achieved from all users.

Parking

Draft Policy TRAN7 (Parking Management) identifies that the Black Country Authorities will ensure a consistent approach to maximum parking standards is enforced in new developments, as set out in supplementary planning documents.

Whilst it is considered important to promote sustainable transport methods as part of new developments, the provision of parking is critical to the success of logistics schemes. Indeed, where a logistics development is in operation for 24-hours a day, it can mean a shift change takes place overnight where public transport is either limited or not available.

a. achieve a 19% carbon reduction improvement upon the requirements within Building Regulations Approved Document, Part L 2013, or achieve any higher standard than this that is required under new national planning policy or building regulations; and, in addition
b. incorporate generation of energy from renewable or low carbon sources sufficient to off-set at least 20% of the estimated residual energy demand of the development on completion.

We would therefore recommend that draft Policy TRAN7 is amended to confirm that maximum parking standards would not relate to logistics developments.