Draft Black Country Plan

Comment

Representation ID: 21600

Received: 11/01/2022

Respondent: Pall Mall Investments

Agent: Highgate Land and Development

We write on behalf of Oldbury (Smethwick) Limited, a subsidiary of Pall Mall Investments,to make representations to the draft Black Country Plan (BCP) Regulation 18 Consultation.

Pall Mall Investments are the owners of residential development land situated off Heath Street/Cranford Street. The land is immediately to the north-east of the new Midland Metropolitan Hospital, and comprises approximately 1.78 hectares (4.39 acres).
The site falls within an area earmarked for residential development by the draft BCP, and is within a Core Regeneration Area (CRA) by virtue of draft Policy CSP2. In addition, the site is also a proposed residential site allocation known as SAH 085 in the draft BCP. The site is currently allocated for residential use by virtue of Policy H12.9 of the Sandwell Site Allocations Documents (SAD) which was adopted in 2012.
There is therefore an established residential planning policy context for the redevelopment of the site for residential use, and my client welcomes that this is continued in the draft BCP.
We understand that the site was previously used for employment purposes and other similar uses. A
large part of the existing complex of buildings have however now been demolished. We also understand that a small part of the neighbouring land originally
formed part of the site, but was subject to a Compulsory Purchase Order (CPO) in order to facilitate the construction of the nearby Midland Metropolitan Hospital.

More recently, the majority of the site is being used for car parking to facilitate the construction of the Midland Metropolitan Hospital. The car parking was originally used by Carillion but following their collapse, is now being used by the Sandwell and West Birmingham Hospitals NHS Trust to facilitate the completion of the hospital.
Our client now intends to put forward residential proposals for the site in anticipation of securing a house builder to bring forward the residential development of the site when the Trust's occupation of the site ceases, on completion of the Hospital.

Support

Representation ID: 21604

Received: 11/01/2022

Respondent: Pall Mall Investments

Agent: Highgate Land and Development

Land at Heath Street/Cranford Street, Smethwick,
Sandwell, B66 2QZ
Accordingly, our client supports the continued allocation of this site for residential development that is proposed by site allocation SAH085 in the draft BCP.

The subject site is included within Table 22 - Sandwell Residential Site Allocations (BCP
Policy HOU1) and hence is a proposed residential site allocation in the BCP.

Whilst our client welcomes the continued allocation of the site for residential use, as it will enable them to bring forward residential development of the site when the current use (facilitating the construction of the Midland Metropolitan Hospital) ceases, we have several
comments/observations on the draft site allocation

Comment

Representation ID: 21606

Received: 11/01/2022

Respondent: Pall Mall Investments

Agent: Highgate Land and Development

Land at Heath Street/Cranford Street, Smethwick,
Sandwell, B66 2QZ

Accordingly, our client supports the continued allocation of this site for residential development that is proposed by site allocation SAH085 in the draft BCP.

The subject site is included within Table 22 - Sandwell Residential Site Allocations (BCP Policy HOU1) and hence is a proposed residential site allocation in the BCP.

Whilst our client welcomes the continued allocation of the site for residential use, as it will enable them to bring forward residential development of the site when the current use (facilitating the construction of the Midland Metropolitan Hospital) ceases, we have several
comments/observations on the draft site allocation

Reference: SAH085 included at Page 458, as follows:
• ‘Appropriate Uses’ - despite being included a residential site allocation, the ‘appropriate uses’ column for the draft allocation in Table 2 states that ‘mixed use’ is appropriate rather than ‘housing’ (as is the case for this site, and for some, but not all, of the neighboring sites within the CRA).

We can find no clarity, definition or justification in the BCP for the residential site allocation being earmarked as ‘mixed use’ in the column rather than ‘housing’.
Hence, this should be clarified in the revised version of the BCP.

Whilst our client would welcome flexibility for some mixed (i.e. small scale ancillary mixed uses) to be included as part of a future residential scheme, given the brownfield nature of the site, any uses other than residential would need to be subject to both market demand being identified, and the viability test.

• Gross Site Area (ha) (Brownfield/Greenfield) – the gross site area has been calculated to be 1.85
hectares of land. We assume, having regard to the draft BCP Policies Map for Sandwell, that the proposed allocation includes both our client’s land, and the small parcel of land that originally formed part of the site, but is now in the control of the NHS Trust by virtue of the CPO. To confirm, our client’s land therefore comprises the large majority of this proposed allocation and hence will be able to deliver the large majority of the proposed site allocation.

• Indicative Development Capacity and Density (dph) - the net density per hectare is highlighted as 38 dwellings per hectare (dph). This equates to 70 dwellings over the
1.85 hectares assumed in the draft allocation.

Our client is currently preparing a masterplan/layout plan for the site in anticipation of commencing pre-planning application discussions with Sandwell Metropolitan Borough Council (SMBC). However, we anticipate that the 38 dph (which we believe is based upon the gross site area) is at the lower end of the range of development densities that we would anticipate being achievable for this site, and that the achievable site capacity falls between the range of approximately 80 to 90 dwellings (based upon initial masterplan work undertaken to date). This would equate to a density
of approximately 43 to 49 dph.

It should be noted that the proposed density of 38 dph falls below the minimum requirement for residential sites set out in draft Policy HOU2, which requires a minimum of 40 to 45 dph respectively, depending upon site location and accessibility (etc.).

The indicative site capacity should therefore be increased for proposed site allocation SAH 085 from 70 to approximately 80 to 90 dwellings, to ensure that the allocation is realistic and in line with the likely density achievable.

• Further Information - the column entitled ‘Further Information’ states that the capacity of the site will be confirmed following ‘the masterplan work’. We understand that this masterplan work is currently being undertaken for the wider Grove Lane area by Sandwell MBC, and will be due for public consultation later this month. Our client will review this masterplan work when released, and will make representations to this consultation process in due course.

The ‘Further Information’ column also refers to the ‘phasing’ of the site. We anticipate that it is unlikely that a site of this nature and scale would need to be phased to the market (given the size of approximately 90 dwellings which will equate to approximately two to three years of residential development, depending
upon the market conditions at the time). Therefore, we are confused as to why the draft allocation refers to the site being delivered in multiple phases. Hence, this
text should be omitted from the ‘Further Information’ column.

Summary
In summary, our client, Pall Mall Investments, welcomes the continued allocation of the site for residential redevelopment proposed by the emerging BCP. Our client has already commenced master planning work in anticipation of undertaking pre-application discussions with Sandwell MBC and securing a residential planning consent, so that the site can be brought forward when it is no longer required by the NHS Trust for car parking to facilitate the construction of the nearby Midland Metropolitan Hospital.
However, our client has made several observations on the emerging policies as currently drafted, and in particular, the indicative site capacity of 70 dwellings should be increased to 80 to 90 dwellings. The indicative site capacity currently proposed by the allocation is below the density aspirations set out in draft Policy HOU2. The initial masterplan work undertaken to date by my client suggests that a density range of 80 to 90 dwellings is achievable. This increase in site capacity will assist with ensuring that the proposals are both in line with the emerging Policy HOU2, but also, will assist viability and deliverability,along with the delivery of housing throughout the BCA areas.

In addition, the ‘mixed-use’ annotation included in Table 2 for the site should be clarified,as any other uses as part of a wider residential development of the site will need to be subject to market demand being identified and the impact on development viability.

Comment

Representation ID: 21616

Received: 11/01/2022

Respondent: Pall Mall Investments

Agent: Highgate Land and Development

Policy DEL1: ‘Infrastructure Provision’
Draft Policy DEL1 at Limb (2) states that: ‘development proposals will only be permitted if all necessary infrastructure improvements, mitigation measures and sustainable design requirements and proposals are provided and/or can be phased to support the requirements of the proposed development.’
Limb 3 (a) of draft Policy DEL1 states that the Black Country Authorities (BCAs) will set out in Development Plan Documents, Infrastructure Delivery Plans, Supplementary Planning Documents, the infrastructure that is to be provided or supported.
Therefore, as currently drafted, this policy encapsulates both known infrastructure requirements (that should be reflected in the viability study undertaken by Aspinall Verdi underpinning the draft BCP to date), but also, future/emerging requirements that at this stage are unknown but could be brought forward in the future.
Therefore, it is appropriate Limb 4 of draft Policy DEL1 acknowledges that there will be circumstances where site specific viability concerns mean that some of these infrastructure requirements cannot be delivered. However, draft Policy DEL1 limits this to ‘exceptional’
circumstances. We therefore propose that the word ‘exceptional’ is removed from draft Policy DEL1
in order to provide sufficient flexibility to reduce the level of infrastructure requested at the planning application stage (either as the infrastructure requirement was
not envisaged (or known) at the time that the BCP viability evidence was prepared, or that there are site specific issues which impact on viability, and hence the ability to deliver the identified infrastructure).
This will also ensure that other proposals for other forms of residential development across the Black Country (such as 100% affordable housing schemes which have not been tested by the viability study undertaken by Aspinall Verdi) can come forward, by ensuring that the infrastructure requirements on such schemes can be ‘flexed’ appropriately.

Comment

Representation ID: 21617

Received: 11/01/2022

Respondent: Pall Mall Investments

Agent: Highgate Land and Development

Policy HOU1 – ‘Delivering Sustainable Housing Growth’
Draft Policy HOU1 guides the development of residential sites across Sandwell and the other BCAs.
Limb 4 of draft Policy HOU1 states that: ‘the development of the sites for housing should demonstrate a comprehensive approach, making the best use of available land and infrastructure and not prejudging pre-existing uses’.
Draft Policy HOU1 also goes on to state that: ‘incremental development of an allocated site would
only be allowed where it would not prejudice the achievement of high-quality design and the allocation as a whole’.
Care will need to be taken to ensure that this limb of the policy does not prohibit the early release of the first phases of wider site allocations. The nature of development sites across the BCP area are often fragmented in terms of ownership, and are likely to need to come forward on a ‘phased’ basis. This will be critical to ensure that sites can be delivered over time.
Therefore, we propose that this is recognised in draft Policy HOU1 by ensuring that the first sentence is updated to include the words ‘as comprehensive approach as possible’. This will ensure that the first phases of wider allocations and CRA’s can come forward and provide a catalyst for later phases/development sites.

Comment

Representation ID: 21619

Received: 11/01/2022

Respondent: Pall Mall Investments

Agent: Highgate Land and Development

Policy HOU2: ‘Housing Density, Type and Accessibility’
Draft Policy HOU2 states that: ‘all developments of ten homes or more should achieve the minimum net densities’.
For non-strategic centre or town centre sites, minimum densities of 40 to 45 dwellings per hectare are sought by draft Policy HOU2.
First, it is not clear whether the densities apply to the gross area or the net developable area.
In our experience, there can be significant differences between the gross land area and the net developable area achievable. Hence, draft Policy HOU2 should be updated to ensure that these densities apply to the net land areas in the policy (to ensure that the densities targeted are achievable).
In addition, the ability to achieve the 45 dwelling per hectare minimum density in particular will depend upon a range of site-specific factors, such as the ability to deliver a higher amount of apartments typically in the order of approximately 20% of the overall residential
development mix. Clearly, this requirement will need to be balanced with a range of other policy density and mix requirements, as well as both market demand and need, as well as site specific constraints, throughout the BCAs.
Therefore, draft Policy HOU2 should be updated to ensure that these proposed densities should be expressed as a ‘target’ rather than ‘minimum’ density requirements.

Comment

Representation ID: 21623

Received: 11/01/2022

Respondent: Pall Mall Investments

Agent: Highgate Land and Development

Policy HOU3: Delivering Affordable, Wheelchair Accessible and Self-Build/Custom Build Housing
Limb 1 of draft Policy HOU3 states that development sites that have ten homes or more should, where
financially viable provide a range of tenures that will meet the accommodation needs of both existing and future residents, in line with the most recently available information.
The qualification that tenure provision should be subject to the ‘viability test’ is welcomed by my client.
Limb 2 of draft Policy HOU3 states:
‘All development of ten homes or more should provide a proportion of affordable housing, where this is financially viable. The minimum proportion of affordable housing that should be provided is:
a. On all sites in lower value zones and brownfield sites* in medium value zones: 10% affordable housing;
b. On greenfield sites* in medium values zones: 20% affordable housing;
c. On all sites in higher values zones: 30% affordable housing.’

Limb three also states that: ‘the tenure and type of affordable housing will be determined on a site by site basis, based upon amongst other things, viability considerations.’

The requirement for viability to be considered is welcomed by my client, as the nature of sites across the Black Country will mean that there are varying degrees of viability and deliverability.
This is acknowledged at Paragraph 6.27 of the justification text to the draft policy, which states
that:
‘However, viability issues can vary significantly from site to site and are often caused by poor ground conditions, the extent of which cannot be accurately assessed until planning application stage. Therefore, to maximise delivery of affordable housing over the Plan period, it is important that affordable housing is sought on all eligible sites, that viability is assessed on a site by site basis where required, and that a flexible approach is employed wherever possible to allow for changing market conditions’.

Therefore, the findings of the draft BCP evidence base in respect of viability and the supporting policy justification text suggests that in some cases, site specific circumstances will mean that the minimum percentages in the sliding scale proposed in Limb 2 of draft Policy HOU1 will need to be ‘flexed’. Limb 2 of the draft policy should therefore be updated to make this clear, be rewording it to state that: ‘the target proportion of viability of affordable housing (subject to viability) is:’.
This refinement will ensure that the findings of the Aspinall Verdi viability study, which forms part of the evidence base of the BCP, are adequately reflected in the draft policy. This will be important particularly for sites in the Higher Value Zone areas, where the
affordable requirement is 30%.

Comment

Representation ID: 21624

Received: 11/01/2022

Respondent: Pall Mall Investments

Agent: Highgate Land and Development

Policy HOU3: Delivering Affordable, Wheelchair Accessible and Self-Build/Custom Build Housing
Limb 1 of draft Policy HOU3 states that development sites that have ten homes or more should, where
financially viable provide a range of tenures that will meet the accommodation needs of both existing and future residents, in line with the most recently available information.
The qualification that tenure provision should be subject to the ‘viability test’ is welcomed by my client.
Limb 2 of draft Policy HOU3 states:
‘All development of ten homes or more should provide a proportion of affordable housing, where this is financially viable. The minimum proportion of affordable housing that should be provided is:
a. On all sites in lower value zones and brownfield sites* in medium value zones: 10% affordable housing;
b. On greenfield sites* in medium values zones: 20% affordable housing;
c. On all sites in higher values zones: 30% affordable housing.’

Limb three also states that: ‘the tenure and type of affordable housing will be determined on a site by site basis, based upon amongst other things, viability considerations.’

The requirement for viability to be considered is welcomed by my client, as the nature of sites across the Black Country will mean that there are varying degrees of viability and deliverability.
This is acknowledged at Paragraph 6.27 of the justification text to the draft policy, which states
that:
‘However, viability issues can vary significantly from site to site and are often caused by poor ground conditions, the extent of which cannot be accurately assessed until planning application stage. Therefore, to maximise delivery of affordable housing over the Plan period, it is important that affordable housing is sought on all eligible sites, that viability is assessed on a site by site basis where required, and that a flexible approach is employed wherever possible to allow for changing market conditions’.

Therefore, the findings of the draft BCP evidence base in respect of viability and the supporting policy justification text suggests that in some cases, site specific circumstances will mean that the minimum percentages in the sliding scale proposed in Limb 2 of draft Policy HOU1 will need to be ‘flexed’. Limb 2 of the draft policy should therefore be updated to make this clear, be rewording it to state that: ‘the target proportion of viability of affordable housing (subject to viability) is:’.
This refinement will ensure that the findings of the Aspinall Verdi viability study, which forms part of the evidence base of the BCP, are adequately reflected in the draft policy. This will be important particularly for sites in the Higher Value Zone areas, where the
affordable requirement is 30%.

Support

Representation ID: 21628

Received: 11/01/2022

Respondent: Pall Mall Investments

Agent: Highgate Land and Development

Land at Heath Street/Cranford Street, Smethwick,
Sandwell, B66 2QZ

Policy CSP2: The Strategic Centres and Core Regeneration Areas
Limb 2 of draft Policy CSP2 of the BCP states that the Strategic Centres and Core Regeneration Areas (CRAs) are the primary focus of new development, regeneration and infrastructure investment.
The CRAs, amongst other things, will be the location for approximately 11,208 new homes in sustainable locations throughout the Black Country. Our client welcomes the site’s inclusion within the CRA.