Draft Black Country Plan

Object

Representation ID: 43843

Received: 07/10/2021

Respondent: National Trust

The National Trust representation covers six matters relating to the CSA1 Bushbury Strategic Allocation: 1. release of greenbelt land (p4) 2. site WOH259, north of Moseley Road (p5) 3. Moseley Road and its associated trees and hedges (p6-7) 4. the northern edge of CSA1 (p8-10) 5. walking links to the greenspace and heritage attraction at Moseley Old Hall (p11-12) 6. land east of WOH259 and north of Moseley Road (p13) Background information relating to the National Trust and Moseley Old Hall is set out on pages 2 and 3. We would be happy to discuss any of these points further.

Background The National Trust is a charity founded in 1895 to promote the permanent preservation of places of historic interest and natural beauty for the benefit of the nation. Although independent of government, we have been given the unique ability to declare our property ‘inalienable’ meaning that it cannot be sold and will be protected for everyone, for ever. Moseley Old Hall is a heritage asset of the highest significance, as defined in paragraph 200 of the National Planning Policy Framework 2021. Being a grade II* listed building (1039208), it is in the top 8.3% of listed buildings nationally. The particular significance of the Old Hall, an Elizabethan farmhouse built for a Catholic family, lies in its part in the escape of Charles II after the battle of Worcester in September 1651. Following his restoration in 1660, documentary accounts were published of the King’s escape. These included the eyewitness account of Mr Whitgreave, the owner and occupier of the Old Hall at the time. They give a remarkable depth and texture to the historic significance of Moseley Old Hall that still resonates with our visitors. Moseley Old Hall was given to the National Trust in 1962 by Mrs Nellie Wiggin. The endowment needed for future upkeep of the property was partly raised by public subscription. Further land has been acquired by the National Trust over the following decades and our ownership now extends to 12.6ha. There have been significant development impacts on the setting of Moseley Old Hall, notably through the construction of the M54 that severed the Hall from farmland to the north with which it was historically associated. On the other hand, significant steps have also been taken by the National Trust and others to safeguard and enhance the setting of the Old Hall, allowing it to retain something of its character as a historic farmhouse in a rural setting. These include: • Creation of a 17 century garden within the walled garden area of the Hall (1962/3) • th Creation of a 700m long, substantial earth bank planted with woodland, to shield the Hall from the motorway (early 1980s) • • • National Trust acquisition of land and buildings surrounding the Hall (1982) Woodland planting east of the Hall (early 1980s) Substantial landscape buffer to Hilton Cross Business Park (late 1990s – early 2000s) and its transfer to the National Trust (2010) • • National Trust acquisition of farmland and woodland east and west of the hall (2012) Reversion of the acquired farmland from arable to wildflower meadow (ongoing, started 2013/4). • A Gating Order for Moseley Old Hall, significantly reducing fly-tipping on the lane and protecting the area from other night-time anti-social behaviour (2014) • Alternative route selected and approved for access to the ROF Featherstone Development, instead of the option crossing the fields south of Moseley Old Hall (2020/21).

1. Release of green belt The National Trust considers that Green Belts around our towns and cities are an important planning tool which prevent urban sprawl by keeping land permanently undeveloped. Green Belts have the potential to deliver much more public benefit. We would like to see the quality of land improved for people and for nature, with more space for wildlife and better access for those living in nearby cities and towns. Green Belt land could also play an important role in helping the UK tackle climate change and reduce the risk of flooding in urban areas. We acknowledge that there are some limited circumstances where development is acceptable, or where very special circumstances are clearly demonstrated which might outweigh harm to the Green Belt. Any changes to Green Belt boundaries must be fully evidenced and justified and formally decided through the Local Plan process, and any development must be delivered in a sustainable and strategic way. The proposed Bushbury Strategic Allocation (CSA1) would require the release of a significant area of land from green belt for development. The plan will need to demonstrate that this release is justified with regard to national planning policy, notably: “Once established, Green Belt boundaries should only be altered where exceptional circumstances are fully evidenced and justified, through the preparation or updating of plans. Strategic policies should establish the need for any changes to Green Belt boundaries, having regard to their intended permanence in the long term, so they can endure beyond the plan period.” (NPPF2021, paragraph 140) “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. This will be assessed through the examination of its strategic policies…” (NPPF2021, paragraph 141) The draft plan recognises the national policy requirement for compensatory enhancement to the environmental quality and accessibility of remaining greenbelt land (NPPF2021 paragraph 142) and includes proposals for this to be achieved through extending Northycote Farm Country Park. We make additional suggestions below about how accessibility could be further enhanced.

2. Site WOH259, north of Moseley Road The Trust is particularly concerned about the northern part of the CSA1 allocation comprising site WOH259. WOH259 is a strip of land about 70m deep running from Moseley Road and Cat & Kittens Road to the city’s administrative boundary with South Staffordshire. This land is partly visible from the grounds of Moseley Old Hall. National policy states, “When defining Green Belt boundaries, plans should… define boundaries clearly, using physical features that are readily recognisable and likely to be permanent.” (NPPF2021, para 143). The city boundary at site WOH259 does not follow any physical feature on the ground. It is an intangible line partway across a large arable field.

If the large-scale release of green belt land for the Bushbury strategic allocation is found to be justified, we consider that Moseley Road should form the northern boundary of the development. Moseley Road is a clearly defined and defensible physical boundary comprising not just the road but also substantial hedges and mature trees. The road, hedges and trees are a long-standing and notable feature in the landscape. Site WOH259 should remain as undeveloped green belt land outside the strategic allocation. The draft South Staffs Local Plan considered by their Overview & Scrutiny Committee on 28 corresponding release of greenbelt land for development on land adjoining WOH259. th September 2021 shows no 5 3. Moseley Road and its associated trees and hedges Moseley Road is an attractive and historic narrow country lane. Along the section through CSA1, substantial trees and hedges stand close to the carriageway on both sides of the road giving it a strongly rural character. Many of our visitors travel along the road and it contributes to their experience of Moseley Old Hall as a historic farmhouse in the countryside. The nature conservation value of trees and hedges alongside Moseley Road has been recognised through their designation as a Site of Local Importance for Nature Conservation (SLINC). Paragraph D.41 states, “All existing SINCs, SLINCs, tree preservation orders, hedgerows, woodland and significant trees, both within and adjoining the development sites, should be retained, protected and incorporated sympathetically into the design of development (see Policy ENV4). Sufficient buffer zones should be provided at the edge of these habitat areas, particularly where there are mature trees and hedgerows, to allow them to thrive following development.” This reflects the national design guide, which advises:
"Well-designed places: • integrate existing, and incorporate new natural features into a multifunctional network that supports quality of place, biodiversity and water management, and addresses climate change mitigation and resilience; • prioritise nature so that diverse ecosystems can flourish to ensure a healthy natural environment that supports and enhances biodiversity; • provide attractive open spaces in locations that are easy to access, with activities for all to enjoy, such as play, food production, recreation and sport, so as to encourage physical activity and promote health, well-being and social inclusion.” (Paragraph 91) Substantial trees, like those along the lane, have sizable root zones that can easily be damaged by development. In addition, the layout and design of development needs to contribute to rather than prejudice their longer-term survival. As BS5837:2012 “Trees in Relation to Construction” points out, “Layouts sited poorly in relation to retained trees, or the retention of trees of an inappropriate size or species may be resented by future occupiers and no amount of legal protection will ensure their retention and survival.” (Paragraph 3.1.1). Protecting the nature conservation and amenity value of the trees and hedges alongside Moseley Road by requiring a landscape buffer used and managed for public access would be consistent with paragraph D.44 of the draft plan. We suggest that it should be made a specific requirement of the development. A buffer would, of course, also be required against the woodland east of WOH259. However, there is also a threat to the trees and hedges from upgrading Moseley Road. Paragraph D.36 of the plan states, “Part of Moseley Road will also need to be upgraded to provide access to Sites WOH258 and WOH259…” Discussion with officers at Wolverhampton City Council has confirmed that this is the section within CSA1. The section of Moseley Road within CSA1 is a single-track road with informal passing places. There is almost no space to upgrade it without felling trees and removing hedges, contrary to paragraph D.41, and altering its character in a manner that would harm the experience of visiting Moseley Old Hall. We would be opposed to this. As set out above, we consider that development north of Moseley Road on site WOH259 should not take place. We believe that omitting development on WOH259 would significantly reduce the case for upgrading Moseley Road. If WOH259 is retained as a housing allocation, we consider that alternative approaches to vehicular access should be followed to enable the retention of the current character of Moseley Road and to allow the trees and hedges alongside the road to be kept, and that there should be a buffer along the northern side of Moseley Road to enable long-term retention of the trees and hedges.

4. Northern edge of CSA1 As set out above, the National Trust considers that site WOH259, north of Moseley Road, should be deleted from the allocation to remain as undeveloped greenbelt. We also consider that there should be a landscaped buffer between housing and Moseley Road to ensure the protection of the roadside trees and hedges and the character of the lane. If WOH259 is deleted the landscape buffer south of Moseley Road would become the northern edge of the allocation.

Without prejudice to this we want to address the question of the northern boundary if WOH259 is taken forward. The plan text suggests creating a new physical boundary on the north side of WOH259: “To provide a defensible new green belt boundary in this location, it is important to ensure that the design of development on the site incorporates a significant landscaped buffer along this northern boundary.” (Paragraph D.39) “Significant landscaped buffer” is not defined. 8 The landscape buffer west of Hilton Cross Business Park is in the order of 70m deep and planted as woodland. We would consider something of this scale to be a ‘significant landscaped buffer.’ The M54 buffer north of Moseley Old Hall is narrower but is made substantial by use of a massive earth bank planted as woodland. As the WOH259 site is only 70m deep, it appears inconceivable that a significant buffer could be achieved within the allocated area, particularly when allowance is made for buffering housing from the trees and hedges along Moseley Road. There is no additional land north of the site within the plan area. Yet no mention is made in the draft Black Country Plan of cross-border working or agreement with South Staffordshire Council about a landscape buffer being provided within their district. The draft of the South Staffs Local Plan considered at their Overview & Scrutiny Committee on 28 September 2021 does not contain any proposals for the land north of WOH259, other than it remaining as greenbelt. Without a genuinely significant landscaped buffer, housing on site WOH259 would be visible from the grounds of Moseley Old Hall.

We would also like to address the long-term use and management of the landscape buffer. Paragraph D.44 states, “no new on-site open space will be required, beyond that necessary to protect existing nature conservation value and to provide sufficient natural, sustainable drainage 9 systems.” A ‘significant landscaped buffer’ used as open space would deliver multiple benefits and would help to ensure its future maintenance. Public access to and along the landscaped buffer would be an additional means of enhancing the accessibility of the remaining greenbelt. If WOH259 is taken forward, we want the location, dimensions, design, use and future management of the landscaped buffer to be addressed.

5. Walking links to the greenspace and heritage attraction at Moseley Old Hall Moseley Old Hall is a nationally known heritage attraction managed and promoted by the National Trust and attracting visitors from far and near. In addition to the Hall, we provide access to the gardens, orchards, woodland and fields in our ownership and have been increasing the site’s attractiveness for outdoor recreation. In 2014, we installed a large tree house play area. In 2015, South Staffordshire Council granted a planning permission that included the change of use to use for public recreation and nature conservation of land to the east and west of the Old Hall (14/00904). The field and woodland west of Moseley Old Hall has now been incorporated into the visitor area and includes features such as a mud kitchen and mown maze. We are currently working on enhancing access to the land east of the Old Hall and reverting the field from arable to a wildflower meadow. Almost all visitors to Moseley Old Hall arrive by car but we are keen to encourage and facilitate access by more sustainable means. The best pedestrian access to Moseley Old Hall is via the bridleway running north from Northycote Farm to Moseley Road, east along Moseley Road for about 160m and then north along Moseley Old Hall Lane. This walking route forms part of the Monarch’s Way – a 625 miles long distance path that approximates the route taken by Charles II after the battle of Worcester.

The bridleway from Northycote Farm runs along the eastern side of sites WOH257 and WOH258. There is potential for pedestrian linkages between this path and housing in these areas, including along the landscape buffer we suggest on the north side of WOH258 near Moseley Road. The proposed extension of Northycote Farm country park also creates the potential for a new recreational footpath east-west between the bridleway and Northycote Lane. This would benefit existing residents west of Northycote Lane. Although lightly trafficked in absolute terms, Moseley Road carries a level of vehicular traffic that makes walking along the road off-putting, particularly bearing in mind the curvature of this section of road coupled with high hedges that limit visibility and a lack of verges. An off-road footpath joining Moseley Old Hall Lane and the footpath from Northycote Farm would make a significant difference to the attractiveness of this route, particularly for families with children. This could be done by creating a field edge path on the farmland north of Moseley Road east of WOH259. We estimate that about 160m of new path would be required along with the creation of a small opening in the hedge on Moseley Road and alterations to an existing field gate entrance at Moseley Old Hall Lane. The path would be within the plan area. Its delivery could be written into the plan as an extension of the approach already set out at paragraphs D.37-38 covering green belt loss mitigation and D.44 regarding recreational open space. This would be a means of improving the accessibility of remaining greenbelt.

6. land east of WOH259 and north of Moseley Road The draft policies maps show an area of land east of site WOH259 as being within the Bushbury Strategic Allocation while at the same time remaining as green belt. We welcome the retention of this area as green belt but are unclear of the purpose or implications of its inclusion within the strategic allocation. As set out above, we consider that site WOH259 should be removed from the allocation and that this section of Moseley Road should not be upgraded. We therefore suggest that the CSA1 boundary should follow the south side of Moseley Road. Without prejudice to this, if the CSA1 boundary remains unchanged we ask for the plan to clearly set out any proposals for the land east of WOH259 as part of the CSA1 strategic allocation. If there are no such proposals, we ask that this land is removed from the strategic allocation.