Draft Black Country Plan

Support

Representation ID: 21285

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

DRAFT BLACK COUNTRY PLAN 2039 - REGULATION 18 CONSULTATION
LAND OFF BOSTY LANE, ALDRIDGE
Thank you for inviting comments on the Regulation 18 Pre-Submission Draft Black Country Local Plan. We respond on behalf of Owl Homes in respect of their land interests at Land off Bosty Lane, Aldridge (the ‘Site’). Owl Homes are a modern, privately-owned property developer specialising in the delivery of sustainable, high-quality homes.

The Site is identified as a residential site allocation: Middlemore Lane West, Aldridge (WAH233) for 35 dwellings within the Regulation 18 Draft Black Country Local Plan. The draft allocation would result in the Site being removed from the Green Belt. A Site Location Plan is attached at Appendix 1 and our Vision Document is at Appendix 2.

Taking into account the guidance provided in the National Planning Policy Framework (NPPF, July 2021), it is considered that there are exceptional circumstances that warrant the Site’s release from the Green Belt, and we are accordingly supportive of the Council’s decision to propose the Site’s release from the Green Belt and allocate it for housing development.

It is noted that the current Development Plan is comprised of the saved policies and maps from the Walsall Unitary Development Plan (UDP)(2005), the Black Country Core Strategy (BCCS)(2011), the Walsall Town Centre Area Action Plan (AAP)(2019) and the Walsall Site Allocations Document (SAD)(2019). Upon adoption, the Black Country Plan will replace the BCCS (2011) and significant elements of ‘Tier 2’ plans in the form of Area Action Plans and Site Allocations Documents. It is anticipated that the Black Country Plan will be adopted in April 2024, subject to independent examination.
The National Planning Policy Framework (NPPF) sets out the key plan-making framework and ‘tests of soundness’ for Local Plans (Paragraph 35). The National Planning Practice Guidance (NPPG) provides further advice on how these tests can be met, for instance in terms of evidence base gathering and working collaboratively with other relevant bodies on strategic planning matters.

It is understood that it is intended to submit the Black Country Plan (herein referred to as the BCP) for examination in March 2023 and anticipates adoption in April 2024, subject to independent examination. Our comments are submitted with the current national policy framework considerations in mind.

A summary of the proposed development for the Site is provided for background information in the section below. Our comments on specific elements of the BCP are then set out in chronological order. A conclusion of the key matters and changes to be considered is then provided.

Middlemore Lane West, Aldridge
Middlemore Lane West lies on the south-western edge of the settlement of Aldridge, which offers a range of shops and services, including a doctor’s surgery, dentists, opticians, and retail offerings. It is also within close proximity to Rushall and the services and facilities available there. As such, it is considered to represent a sustainable location for residential development.

The Site currently consists of agricultural land and extends to approximately 1.3 hectares. Middlemore Lane West and existing residential development adjoins the Site to the east. There is an existing train line along the northern boundary of the Site, beyond which is woodland. Bosty Lane runs along the south-western boundary, with agricultural fields extending beyond. As such, the Site benefits from strong defensible boundaries and is considered to represent the logical rounding off of the existing settlement.

As per the current draft BCP, the Site would be removed from the Green Belt and is identified as residential site allocation Middlemore Lane West, Aldridge (WAH233), for 35 dwellings.

The Concept Plan (shown within the Vision Document at Appendix 2) provides an indicative vision and masterplan for the Site. The development would provide appropriate landscaping to retain and enhance existing site boundaries. It would ensure connectivity both within the Site and to its surrounds via sustainable transport means. Informal and formal open space is accommodated within the development, and sustainable drainage technologies would ensure the Site is not subject to flooding. The vision for the Site would assist the Black Country in sustainably meeting the housing needs of existing and future residents.

Draft BCP Policy and Supporting Text Specific Comments

Section 2 – The Vision and Objectives
Section 2 provides the spatial vision, strategic objectives and strategic priorities for the Black Country up to 2039. These are supported by Owl Homes, with particular reference to the objective of providing housing that meets all needs, which the development of the Site can assist in delivering.
Strategic Priority 3: “to provide a range and choice of accommodation, house types and tenures to meet the needs of current and future residents” and Strategic Priority 4: “to improve and diversify the Black Country housing offer” are considered to be of specific relevance. In line with these priorities, the proposed development would provide a mixture of dwelling types / tenures, to suit a variety of needs. The current Concept Layout includes 32 dwellings, 7 of which would be affordable. A mixture of detached, semi-detached, terraced, and terraced properties as well as maisonettes and flats are shown.

Section 3 – Spatial Strategy


Draft Policy CSP1 – 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 1a) states that at least 47,837 new homes will be delivered, creating sustainable mixed communities that are supported by adequate infrastructure. Part 2) of the policy outlines the spatial strategy which seeks to deliver this growth and sustainable patterns of development. Owl Homes is supportive of this proposed strategy, in particular the provision of new homes to meet housing needs. This is considered to be consistent with paragraph 20 (a) of the NPPF which requires strategic policies to make sufficient provision for housing.

Paragraph 35 (b) of the NPPF sets out that in order to be sound, a plan must be “justified’ – an appropriate strategy taking into account the reasonable alternatives, and based on proportionate evidence.” The subtext to draft Policy CSP1 (paragraph 3.7), advises that a range of alternative options were considered in deciding the proposed spatial approach, as demonstrated by the Spatial Options Paper. The chosen option (Spatial Option J – Balanced Growth) focuses growth within the existing Strategic Centres, Core Regeneration Areas and Towns and Neighbourhood Areas, alongside a limited number of new Neighbourhood Growth Areas near to the edge of settlements that take account of environmental, climate change, accessibility and socio-economic requirements.

The Regulation 18 Sustainability Appraisal (SA) outlines the range of benefits for the chosen option compared with the other alternative 10 options. The SA (Page 8) notes that the chosen option is “considered to perform the best, as it strikes a balance between retaining valuable environmental assets whilst also prioritising development in the most sustainable locations”.

It identifies minor positive outcomes in relation to landscape, biodiversity & geodiversity, climate change mitigation, transport, housing, equality, economy and education. Whilst the assessment notes potential minor negative impacts on waste, this is the case for all of the options, with the exception of option A (business as usual) and option b (employment-led growth) due to the uncertainties regarding the likely sustainability issues associated with waste generation. This demonstrates that the proposed strategy is the most justified and therefore sound approach, when compared with the other alternatives.

Paragraph 3.17 provides an overall summary of the strategy, which is that most housing growth and employment land development will be located in the existing built-up area, with additional homes and employment land allocated on sites removed from the Green Belt. The Council have acknowledged that there is a shortage of deliverable sites to meet housing and economic growth needs in the Black Country. Therefore, the Council’s proposed release of Green Belt land (including the Site) is supported.

Draft Policy CSP3 – Towns and Neighbourhood Areas and the Green Belt
This draft Policy sets out the strategic approach for the Towns and Neighbourhood Areas and the Green Belt. We are supportive of the Policy, which states that 27,068 new homes will be provided, including a supply of small-scale residential development opportunities 1)(b)i. This is considered to be consistent with paragraph 69 of the NPPF, which supports the allocation of small and medium sized sites due to the important contribution they can make to meeting housing requirements and as they are often built out relatively quickly.

Draft Policy GB1 – The Black Country Green Belt

Draft Policy GB1 confirms that ‘The Black Country Green Belt’ will be preserved from inappropriate development (as defined in the National Planning Policy Framework) so that it continues to maintain its openness and serve its key functions. The boundary of the Green Belt is as defined on the Draft Policies Map for each authority.

Part 2) sets out that for sites removed from the Green Belt and allocated to meet housing, employment or other needs through the Plan (such as our Site):

a. “The design of development will include physical features that define the new green belt boundary in a readily recognisable and permanent way; and
b. Compensatory improvements to the environmental quality, biodiversity and accessibility of remaining green belt land will be secured to offset the impact of removing the land from the green belt, in accordance with national policy.”

As demonstrated by the Concept Plan submitted as part of these representations, defensible boundaries to the Green Belt are provided in line with part (a) of the policy, including the railway line and woodland to the north, Middlemore Lane West and existing residential development to the east, and Bosty Lane to the south-west. The proposals have been sensitively designed in order to retain all existing boundary hedgerows, with a 10 metre buffer to the railway line along the northern boundary. In terms of part (b), whilst Owl Homes are supportive of the principle of providing compensatory improvements to the Green Belt to offset the impact of removing land, it is considered that any requests should be proportionate to each individual scheme in order to be ‘justified’. Any contributions requested in relation to this point would also be considered in line with the planning obligation tests set out at paragraph 57 of the NPPF and Regulation 122 (2) of the Community Infrastructure Levy Regulations 2010. It is therefore suggested that the policy wording be amended to provide more flexibility and state “proportionate compensatory improvements…..”.

As emphasised elsewhere within these representations, Owl Homes welcomes the Council’s decision to release the Site from the Green Belt. Paragraph 140 of the NPPF sets out that Green Belt boundaries should only be altered where ‘exceptional circumstances’ are fully evidenced and justified, through the preparation or updating of plans. The supporting text to draft BCP Policy GB1 ‘The Black Country Green Belt’ identifies that exceptional circumstances have been demonstrated to remove certain areas of land from the Black Country Green Belt to meet housing and employment needs. This is in accordance with the NPPF, paragraph 139 and case law, namely that of Calverton Parish Council v Greater Nottingham Councils [2015] EWHC 1078 (Admin). We concur with the view of the BCA that exceptional circumstances exist at the strategic level to justify the release of Green Belt sites.
Section 4 – Infrastructure and Delivery

Draft Policy DEL1 – Infrastructure Provision
Draft Policy DEL1 sets out how the BCA will secure infrastructure provision from future planned development. It also sets out the requirement for viability evidence where, in exceptional circumstances, proposals are unable to comply with the policies of the BCP.

In this regard, Owl Homes are willing to provide any contributions as part of the delivery of the Site, providing they meet all of the tests set out within Regulation 122(2) of the Community Infrastructure Levy Regulations 2010 and paragraph 57 of the NPPF and subject to any viability work.

Section 6 – Housing

Draft Policy HOU2 – Housing Density, Type and Accessibility

Draft Policy HOU2 seeks to locate new homes in places with good sustainable transport access to key residential services and provide a mix of housing types and densities which are appropriate to their location and to help meet local needs.

The principle of optimising the density of development in locations that are well served by public transport is supported and considered to be consistent with national policy (NPPF, paragraphs 125 and 141). However, it is considered that the wording of the policy should be amended so that section (4) of the policy only applies on Sites not allocated for housing within Chapter 13. Chapter 13 identifies the site allocations for each of the BCA areas and provides details of what it considers to be an appropriate density for each site. This is based on an assessment of each of the sites undertaken in the ‘Sites Assessed for Housing’ report, that includes a range of considerations including local context and individual site constraints. As such, this is considered to be a more robust density standard which aligns with paragraph 124 of the NPPF and the NPPG on achieving appropriate densities (see ‘Effective use of land’ Paragraph 004 Reference ID: 66-004-20190722). For example, in the case of this Site, part 4c) of Policy HOU2 would apply, which would set a minimum net density of 40 dwellings per hectare for the Site. However, the draft site allocation in Chapter 13 estimates an appropriate capacity of 35dph, given that the Sites Assessed for Housing report had identified a very low character density of 17dph in the local area.
Draft Policy HOU3 – Delivering Affordable, Wheelchair Accessible and Self Build / Custom Build Housing

Draft Policy HOU3 seeks to deliver a sufficient proportion of affordable and wheelchair accessible homes. It also includes provision for self-build and custom build housing.

The principle of the policy to address the specific local housing needs of the Black Country via individual developments is supported, and is considered to be consistent with National Policy (NPPF, paragraph 62). Nevertheless, in line with the NPPF and NPPG (NPPF, paragraph 34 and the NPPG ‘Viability’ see Paragraph 001 Reference ID: 10-001-20190509 and Paragraph 002 Reference ID: 10-002-20190509) the draft Policy should be fully evidenced by the supporting assessment work, particularly the Viability Assessment (May 2021) to ensure the cumulative requirements of the BCP policies do not undermine the deliverability of the Local Plan overall. Whilst the Viability Assessment appears to reflect these considerations (in Appendix 1) it notes the need for the assessment to be kept under review, particularly in light of the COVID-19 pandemic. It is recognised that viability is now to be considered ‘up front’ as part of the Local Plan process; nevertheless as the Viability Assessment still represents primarily a typology based approach, the Council’s policies should continue to offer site and scheme specific flexibility (in line with the NPPF, paragraph 57).

We therefore support the references within the draft Policy to making provision for affordable and accessible housing in line with the policy “where this is financially viable”, and to the use of financial viability assessments.

Section 9 – Transport

Draft Policy TRAN3 – Managing Transport Impacts of New Development
Draft Policy TRAN3 seeks to ensure that both new developments and existing facilities identify travel and transportation impacts and proposals for mitigation. It sets out that any proposals which are likely to have significant transport implications will not be granted planning permission.

This policy is considered to be consistent with National Policy (NPPF, Chapter 9) and is accordingly supported. In terms of the Site itself, access is proposed to be taken from Middlemore Lane West, which connects to Bosty Lane (B4154). The suitability of taking access from Middlemore Lane West will be demonstrated through the provision of appropriate supporting documents submitted with an application. The Site is considered to be sustainably located, near to alternative transport links. Any future planning application at the Site will be supported by the necessary transport work.

Draft Policy TRAN5 – Creating Coherent Networks for Cycling and Walking

Draft Policy TRAN5 seeks to encourage the development of sustainable modes of travel and ensure that places are well-connected with attractive, convenient, direct and safe routes available to non-car users.

As part of the proposed indicative layout for the Site, shown within the Vision Document at Appendix 2, a new pedestrian and cycle link will be created via the Site between Bosty Lane and Middlemore Lane West. This will improve accessibility in the local area to nearby facilities in Rushall and public transport services on Bosty Lane itself.

In terms of cycle parking provision, the quantum and design is likely to be addressed as the proposals for the Site evolve, and consultation with the Local Authority is undertaken.

Draft Policy TRAN 7 – Parking Management

Draft Policy TRAN7 sets out a number of criteria to ensure the sustainable delivery and management of parking. It advises that maximum parking standards will be utilised so that “a consistent approach to maximum parking standards is enforced in new developments and as set out in supplementary planning documents” (part c). In this regard, it is worthy to note that the most recent car parking standards for Walsall are those set out in Policy T13 of the Saved Unitary Development Plan (UDP, 2005). Given the age of these standards, we would like clarification as to whether these standards will be updated, in order to remain consistent with National Policy and the increasing emphasis on providing / encouraging alternative, more sustainable modes of transport.

Draft Policy TRAN 8 – Planning for Low Emission Vehicles

Draft Policy TRAN8 sets out how proposals for low emission vehicles will be supported. Whilst we are supportive of the principle of encouraging low emission vehicle use and providing infrastructure to facilitate this, it is considered that the current policy wording is too vague, particularly in relation to the provision of charging infrastructure. Paragraph 16d) of the NPPF states that Plans should contain policies that are unambiguous. Part a) of the Policy states that “adequate” provision for charging infrastructure should be provided as part of new developments, however it is not clear what is meant by this, as there is no indication / guidance as to what may be considered adequate. Without knowing what infrastructure may be required to be provided as part of new developments in relation to charging infrastructure, the viability implications cannot be fully understood. The Council should ensure that all of the anticipated development costs associated with all of the draft policies of the BCP have been taken into account, as required by National Policy (NPPF paragraph 34 and the NPPG ‘Viability’ see Paragraph 001 Reference ID: 10-001-20190509 and Paragraph 002 Reference ID: 10-002-20190509). It is therefore considered that in order to ensure that the policy is realistic and deliverable, it should be amended to be more explicit in terms of what infrastructure will be expected to be delivered.

Section 10 – Environmental Transformation and Climate Change

Draft Policy ENV1 – Nature Conservation
Draft Policy ENV1 seeks to safeguard and improve nature conservation within the Black Country, through a number of measures. This includes providing adequate information with planning applications for proposals that may affect any designated site or important habitat, species or geological feature.

In this regard, it is noted that a Local Sites Assessment Report has been undertaken in relation to the Site and has been published as part of the evidence base to the BCP. This provides further detail on the ecological status of the Site, which is considered to offer little intrinsic value other than the hedgerow running from the railway road bridge alongside Bosty Lane (B4154) to the corner with Middlemore Lane West. This is proposed to be retained as part of the development. The Daw End Railway Cutting SSSI borders the Site to the north. There are no existing buildings within the Site and the majority of landscaping, which is predominantly located on the peripheries of the Site is proposed to be retained. Therefore, it is anticipated that the proposal would have limited impact on ecology and through the enhancement of landscaping will provide opportunities for net gains to biodiversity. Further ecological survey work will be undertaken and provided as part of any future planning application at the Site.

Draft Policy ENV2 – Development Affecting Special Areas of Conservation

Draft Policy ENV2 requires any development that leads to a net increase in homes or creates visitor accommodation within 15km of the boundary of Cannock Chase SAC to carry out an appropriate assessment. Any adverse impacts will be required to be mitigated. Acceptable mitigation measures will include proportionate financial contributions towards the Cannock Chase SAC Partnership Site Access Management and Monitoring Measures (SAMMM).

Whilst the principle of the policy is supported, the costs associated with the local policy requirements proposed should be fully accounted for within the Viability Assessment (in line with the (NPPF, paragraph 34 and the NPPG ‘Viability’ see Paragraph 001 Reference ID: 10-001-20190509 and Paragraph 002 Reference ID: 10-002-20190509). Whilst the Viability Assessment appears to reflect these considerations (in table 3.5) it notes the need for the assessment to be kept under review, particularly in light of the COVID-19 pandemic. It is recognised that viability is now to be considered ‘up front’ as part of the Local Plan process; nevertheless as the Viability Assessment still represents primarily a typology based approach, the Council’s policies should continue to offer site and scheme specific flexibility (in line with the NPPF, paragraph 58).

Draft Policy ENV3 – Nature Recovery Network and Biodiversity Net Gain

This Policy seeks to avoid harm to the Black Country Authorities natural assets and ensure their conservation, enhancement and restoration via measures related to individual development proposals, delivering upon the NPPF provisions for the natural environment (Chapter 15). Reference is made to the 10% biodiversity net gain requirement currently proposed by the Environment Bill which is progressing through Parliament. As this Bill remains subject to amendments the Policy should ensure it reflects the up-to-date national requirements as the draft BCP progresses.

Draft Policy ENV4 – Provision, Retention and Protection of Trees, Woodlands and Hedgerows

Draft Policy ENV4 seeks to support and protect trees, woodland and hedgerow within the BCA. Whilst Owl Homes are supportive of the principle of the provision of new trees and the protection of existing ones, it is considered that the policy is too wordy, and goes beyond what is required by National Policy. Paragraph 131 of the NPPF sets out the planning policy expectations in relation to trees. This includes ensuring that trees are incorporated within developments, that measures are in place to secure the long-term maintenance of newly planted trees, and that trees are retained where possible. In light of the above, it is considered that the policy should be rationalised in order to be more clearly written and consistent with National Policy, and to serve a clear purpose.
As set out within the Vision Document at Appendix 2, and in line with the aspirations of this Policy, the proposed layout for the Site has been sensitively designed in order to retain the existing trees and hedgerow where possible. Further supporting information including a tree survey and Arboricultural Impact Assessment (AIA) will be undertaken to support the proposal, with appropriate mitigation where required.


Draft Policy CC7 – Renewable and Low Carbon Energy and BREAAM Standards
This Draft Policy seeks to ensure that a high standard of sustainable design is secured on all new developments over the Plan period, primarily through a list of requirements and standards. All proposals of ten or more homes are to achieve a 19% carbon reduction improvement upon the requirements within Building Regulations Approved Document Part L 2013. In addition, they must incorporate generation of energy from renewable or low carbon sources sufficient to off-set at least 20% of the residual energy demand of the development on completion. It is advised that a variety of renewable and low-carbon energy sources and generation methods should be assessed and costed, including on-site and off-site sources where appropriate, and the use of district heat and / or decentralised energy networks. An energy assessment must be submitted. Some flexibility is provided in the case of viability issues and practical constraints resulting in the requirements being unachievable.

Whilst the principle of addressing climate change via the design of new dwellings is supported as part of overall sustainable development, the costs associated with the local policy requirements proposed should be fully accounted for within the Viability Assessment (in line with the (NPPF, paragraph 34 and the NPPG ‘Viability’ see Paragraph 001 Reference ID: 10-001-20190509 and Paragraph 002 Reference ID: 10-002-20190509). Whilst the Viability Assessment appears to reflect these considerations (in table 3.5) it notes the need for the assessment to be kept under review, particularly in light of the COVID-19 pandemic. It is recognised that viability is now to be considered ‘up front’ as part of the Local Plan process; nevertheless as the Viability Assessment still represents primarily a typology based approach, the Council’s policies should continue to offer site and scheme specific flexibility (in line with the NPPF, paragraph 58).

Section 13 – Sub Areas and Site Allocations

Section 13 is divided into four chapters related to each of the four Black Country Authorities. Chapter C) relates specifically to Walsall and identifies the site allocations for the area.

The Vision for Walsall Council is provided at paragraph C.7, with a number of priorities and how they will be delivered set out at paragraphs C.9 and C.10. We support the vision and consider that the delivery of the Site can assist with a number of the priorities set out for Walsall, for example, by providing housing which meets all of people’s needs and is affordable, safe and warm.

In line with paragraph C.10, the proposed development will provide housing in a sustainable area, near to Aldridge and the services and facilities it benefits from. The proposed development will also integrate well with the existing urban area through the provision of footpaths within the Site, as well as improved footpath provision on Middlemore Lane West, ensuring cohesion with the adjacent settlement.
Figure 19 sets out the spatial strategy for Walsall. This removes our client’s Site from the Green Belt and identifies it as a housing allocation. The Site is also adjacent to the Green Belt and a Strategic Employment Area. Table 31 supplements the strategy and includes the ‘Walsall Sites Allocated for Housing by the Black Country Plan’. Within the table, the Site is listed as ‘Middlemore Lane West, Aldridge’ (WAH233) and is shown as having an indicative housing capacity of 35 dwellings. The site allocations process has been informed by the Sustainability Appraisal, as well as the Black Country Plan Site Assessment Report (August 2021).

We support the allocation of the Site for residential development, and consider that it represents a logical solution to meeting housing need by ‘rounding off’ / extended the existing settlement, in accordance with paragraph 3.17 of the BCP. The Site is near to a range of transport links and local services and facilities. The Vision Document submitted as part of these representations (Appendix 2) emphasises the suitability of the Site for residential development and provides further information on how it can be comprehensively brought forwards. Owl Homes have a strong track record of delivering homes within the local area, for example at Walsall Wood. This demonstrates their ability to deliver the Site in a timely manner, contributing towards the Council’s housing land supply position.

Within Table 31, further information is provided for the development of the Site, and states:

“A strategy for landscape and ecology that ensures the retention and / or mitigation for established trees. Footpath improvements along Middlemore Lane to provide safe and secure access routes. On-site provision or funding for off-site arrangements to improve access to a primary school and local health centre.”

The further information provided within table 31 is in line with the proposals submitted to date. The Concept Plan shown within the Vision Document at Appendix 2 would retain all existing boundary hedges and provide footpath improvements along Middlemore Lane. As part of the planning application process, a detailed strategy for landscape and ecology would be provided in line with site-specific evidence. Owl Homes are also willing to provide any contributions which are considered to meet the tests set out in Regulation 122(2) of the Community Infrastructure Levy Regulations 2010 and paragraph 57 of the NPPF and subject to any viability work. Our comments in relation to relevant draft BCP policies e.g. on Renewable and Low Carbon Energy are also applicable in this site-specific context.

Summary of Suggested Changes and Conclusion

In summary, support is provided for the overall strategy for future development within the Black Country Authorities, with particular reference to the removal of smaller sites such as Land off Bosty Lane from the Green Belt at the edge of Towns and Neighbourhood Areas in the form of rounding off (paragraph 3.17). The residential allocation of Middlemore Lane West, Aldridge (WAH233) is also supported. The development of the Site will deliver 32 high quality homes, set within a strong landscape setting, with an attractive public open space as part of the development.

Several changes are proposed above, based on the Local Plan tests of soundness (NPPF, paragraph 35), and we respectfully request that these are considered going forwards to the Pre-Submission (regulation 19) Plan.
We would be grateful for confirmation that these representations have been received and registered as duly made. We trust this submission is clear and helpful, but should you have any questions in relation to the above and/or attached please do not hesitate to contact me.

Support

Representation ID: 21286

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

Section 2 – The Vision and Objectives
Section 2 provides the spatial vision, strategic objectives and strategic priorities for the Black Country up to 2039. These are supported by Owl Homes, with particular reference to the objective of providing housing that meets all needs, which the development of the Site can assist in delivering.
Strategic Priority 3: “to provide a range and choice of accommodation, house types and tenures to meet the needs of current and future residents” and Strategic Priority 4: “to improve and diversify the Black Country housing offer” are considered to be of specific relevance. In line with these priorities, the proposed development would provide a mixture of dwelling types / tenures, to suit a variety of needs. The current Concept Layout includes 32 dwellings, 7 of which would be affordable. A mixture of detached, semi-detached, terraced, and terraced properties as well as maisonettes and flats are shown.

Support

Representation ID: 21287

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

Draft Policy CSP1 – 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 1a) states that at least 47,837 new homes will be delivered, creating sustainable mixed communities that are supported by adequate infrastructure. Part 2) of the policy outlines the spatial strategy which seeks to deliver this growth and sustainable patterns of development. Owl Homes is supportive of this proposed strategy, in particular the provision of new homes to meet housing needs. This is considered to be consistent with paragraph 20 (a) of the NPPF which requires strategic policies to make sufficient provision for housing.

Paragraph 35 (b) of the NPPF sets out that in order to be sound, a plan must be “justified’ – an appropriate strategy taking into account the reasonable alternatives, and based on proportionate evidence.” The subtext to draft Policy CSP1 (paragraph 3.7), advises that a range of alternative options were considered in deciding the proposed spatial approach, as demonstrated by the Spatial Options Paper. The chosen option (Spatial Option J – Balanced Growth) focuses growth within the existing Strategic Centres, Core Regeneration Areas and Towns and Neighbourhood Areas, alongside a limited number of new Neighbourhood Growth Areas near to the edge of settlements that take account of environmental, climate change, accessibility and socio-economic requirements.

The Regulation 18 Sustainability Appraisal (SA) outlines the range of benefits for the chosen option compared with the other alternative 10 options. The SA (Page 8) notes that the chosen option is “considered to perform the best, as it strikes a balance between retaining valuable environmental assets whilst also prioritising development in the most sustainable locations”.

It identifies minor positive outcomes in relation to landscape, biodiversity & geodiversity, climate change mitigation, transport, housing, equality, economy and education. Whilst the assessment notes potential minor negative impacts on waste, this is the case for all of the options, with the exception of option A (business as usual) and option b (employment-led growth) due to the uncertainties regarding the likely sustainability issues associated with waste generation. This demonstrates that the proposed strategy is the most justified and therefore sound approach, when compared with the other alternatives.

Paragraph 3.17 provides an overall summary of the strategy, which is that most housing growth and employment land development will be located in the existing built-up area, with additional homes and employment land allocated on sites removed from the Green Belt. The Council have acknowledged that there is a shortage of deliverable sites to meet housing and economic growth needs in the Black Country. Therefore, the Council’s proposed release of Green Belt land (including the Site) is supported.

Support

Representation ID: 21288

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

Draft Policy CSP3 – Towns and Neighbourhood Areas and the Green Belt
This draft Policy sets out the strategic approach for the Towns and Neighbourhood Areas and the Green Belt. We are supportive of the Policy, which states that 27,068 new homes will be provided, including a supply of small-scale residential development opportunities 1)(b)i. This is considered to be consistent with paragraph 69 of the NPPF, which supports the allocation of small and medium sized sites due to the important contribution they can make to meeting housing requirements and as they are often built out relatively quickly.

Support

Representation ID: 21289

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

Draft Policy GB1 – The Black Country Green Belt

Draft Policy GB1 confirms that ‘The Black Country Green Belt’ will be preserved from inappropriate development (as defined in the National Planning Policy Framework) so that it continues to maintain its openness and serve its key functions. The boundary of the Green Belt is as defined on the Draft Policies Map for each authority.

Part 2) sets out that for sites removed from the Green Belt and allocated to meet housing, employment or other needs through the Plan (such as our Site):

a. “The design of development will include physical features that define the new green belt boundary in a readily recognisable and permanent way; and
b. Compensatory improvements to the environmental quality, biodiversity and accessibility of remaining green belt land will be secured to offset the impact of removing the land from the green belt, in accordance with national policy.”

As demonstrated by the Concept Plan submitted as part of these representations, defensible boundaries to the Green Belt are provided in line with part (a) of the policy, including the railway line and woodland to the north, Middlemore Lane West and existing residential development to the east, and Bosty Lane to the south-west. The proposals have been sensitively designed in order to retain all existing boundary hedgerows, with a 10 metre buffer to the railway line along the northern boundary. In terms of part (b), whilst Owl Homes are supportive of the principle of providing compensatory improvements to the Green Belt to offset the impact of removing land, it is considered that any requests should be proportionate to each individual scheme in order to be ‘justified’. Any contributions requested in relation to this point would also be considered in line with the planning obligation tests set out at paragraph 57 of the NPPF and Regulation 122 (2) of the Community Infrastructure Levy Regulations 2010. It is therefore suggested that the policy wording be amended to provide more flexibility and state “proportionate compensatory improvements…..”.

As emphasised elsewhere within these representations, Owl Homes welcomes the Council’s decision to release the Site from the Green Belt. Paragraph 140 of the NPPF sets out that Green Belt boundaries should only be altered where ‘exceptional circumstances’ are fully evidenced and justified, through the preparation or updating of plans. The supporting text to draft BCP Policy GB1 ‘The Black Country Green Belt’ identifies that exceptional circumstances have been demonstrated to remove certain areas of land from the Black Country Green Belt to meet housing and employment needs. This is in accordance with the NPPF, paragraph 139 and case law, namely that of Calverton Parish Council v Greater Nottingham Councils [2015] EWHC 1078 (Admin). We concur with the view of the BCA that exceptional circumstances exist at the strategic level to justify the release of Green Belt sites.
Section 4 – Infrastructure and Delivery

Support

Representation ID: 21290

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

Draft Policy DEL1 – Infrastructure Provision
Draft Policy DEL1 sets out how the BCA will secure infrastructure provision from future planned development. It also sets out the requirement for viability evidence where, in exceptional circumstances, proposals are unable to comply with the policies of the BCP.

In this regard, Owl Homes are willing to provide any contributions as part of the delivery of the Site, providing they meet all of the tests set out within Regulation 122(2) of the Community Infrastructure Levy Regulations 2010 and paragraph 57 of the NPPF and subject to any viability work.

Comment

Representation ID: 21291

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

Draft Policy HOU2 – Housing Density, Type and Accessibility

Draft Policy HOU2 seeks to locate new homes in places with good sustainable transport access to key residential services and provide a mix of housing types and densities which are appropriate to their location and to help meet local needs.

The principle of optimising the density of development in locations that are well served by public transport is supported and considered to be consistent with national policy (NPPF, paragraphs 125 and 141). However, it is considered that the wording of the policy should be amended so that section (4) of the policy only applies on Sites not allocated for housing within Chapter 13. Chapter 13 identifies the site allocations for each of the BCA areas and provides details of what it considers to be an appropriate density for each site. This is based on an assessment of each of the sites undertaken in the ‘Sites Assessed for Housing’ report, that includes a range of considerations including local context and individual site constraints. As such, this is considered to be a more robust density standard which aligns with paragraph 124 of the NPPF and the NPPG on achieving appropriate densities (see ‘Effective use of land’ Paragraph 004 Reference ID: 66-004-20190722). For example, in the case of this Site, part 4c) of Policy HOU2 would apply, which would set a minimum net density of 40 dwellings per hectare for the Site. However, the draft site allocation in Chapter 13 estimates an appropriate capacity of 35dph, given that the Sites Assessed for Housing report had identified a very low character density of 17dph in the local area.

Comment

Representation ID: 21292

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

Draft Policy HOU3 – Delivering Affordable, Wheelchair Accessible and Self Build / Custom Build Housing

Draft Policy HOU3 seeks to deliver a sufficient proportion of affordable and wheelchair accessible homes. It also includes provision for self-build and custom build housing.

The principle of the policy to address the specific local housing needs of the Black Country via individual developments is supported, and is considered to be consistent with National Policy (NPPF, paragraph 62). Nevertheless, in line with the NPPF and NPPG (NPPF, paragraph 34 and the NPPG ‘Viability’ see Paragraph 001 Reference ID: 10-001-20190509 and Paragraph 002 Reference ID: 10-002-20190509) the draft Policy should be fully evidenced by the supporting assessment work, particularly the Viability Assessment (May 2021) to ensure the cumulative requirements of the BCP policies do not undermine the deliverability of the Local Plan overall. Whilst the Viability Assessment appears to reflect these considerations (in Appendix 1) it notes the need for the assessment to be kept under review, particularly in light of the COVID-19 pandemic. It is recognised that viability is now to be considered ‘up front’ as part of the Local Plan process; nevertheless as the Viability Assessment still represents primarily a typology based approach, the Council’s policies should continue to offer site and scheme specific flexibility (in line with the NPPF, paragraph 57).

We therefore support the references within the draft Policy to making provision for affordable and accessible housing in line with the policy “where this is financially viable”, and to the use of financial viability assessments.

Support

Representation ID: 21293

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

Draft Policy TRAN3 – Managing Transport Impacts of New Development
Draft Policy TRAN3 seeks to ensure that both new developments and existing facilities identify travel and transportation impacts and proposals for mitigation. It sets out that any proposals which are likely to have significant transport implications will not be granted planning permission.

This policy is considered to be consistent with National Policy (NPPF, Chapter 9) and is accordingly supported. In terms of the Site itself, access is proposed to be taken from Middlemore Lane West, which connects to Bosty Lane (B4154). The suitability of taking access from Middlemore Lane West will be demonstrated through the provision of appropriate supporting documents submitted with an application. The Site is considered to be sustainably located, near to alternative transport links. Any future planning application at the Site will be supported by the necessary transport work.

Support

Representation ID: 21294

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

Draft Policy TRAN5 – Creating Coherent Networks for Cycling and Walking

Draft Policy TRAN5 seeks to encourage the development of sustainable modes of travel and ensure that places are well-connected with attractive, convenient, direct and safe routes available to non-car users.

As part of the proposed indicative layout for the Site, shown within the Vision Document at Appendix 2, a new pedestrian and cycle link will be created via the Site between Bosty Lane and Middlemore Lane West. This will improve accessibility in the local area to nearby facilities in Rushall and public transport services on Bosty Lane itself.

In terms of cycle parking provision, the quantum and design is likely to be addressed as the proposals for the Site evolve, and consultation with the Local Authority is undertaken.