Draft Black Country Plan

Comment

Representation ID: 21295

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

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.

Comment

Representation ID: 21296

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

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.

Comment

Representation ID: 21297

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

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.

Comment

Representation ID: 21298

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

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).

Comment

Representation ID: 21299

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

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.

Comment

Representation ID: 21300

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

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.

Comment

Representation ID: 21302

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

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).

Comment

Representation ID: 21303

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

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.