Draft Black Country Plan

Comment

Representation ID: 21306

Received: 11/10/2021

Respondent: Feoffees of Old Swinford Hospital

Agent: Turley Assocs

SA-0018-DUD-A (Racecourse Lane)


Representations to draft Black Country Plan On behalf of The Feoffees of Old Swinford Hospital in respect to land at Racecourse Lane


October 2021
Turley

Contents



1. Introduction 1

2. The opportunity 3

3. Response to draft BCP consultation 7

4. Council site assessment 16

5. Summary 18

Appendix 1: C&W Concept Masterplan

Appendix 2: Tyler Grange Biodiversity Technical Note

Appendix 3: M-EC Transport Technical Note

1. Introduction


1.1 These representations are submitted on behalf of Feoffees of Old Swinford Hospital (the Foundation) in response to the draft Black Country Plan (BCP) (July 2021) (Regulation 18) consultation.

1.2 The Foundation are actively promoting land at Racecourse Lane, Stourbridge (site ref:
114 / SA-0018-DUD-A) as a sustainable and deliverable opportunity for new homes and associated infrastructure.

1.3 The Feoffees of Old Swinford Hospital are the trustees of a charitable foundation which supports Old Swinford Hospital School, a maintained voluntary aided school, situated
in the centre of Stourbridge. The School was founded by Thomas Foley in 1667 as a place where boys could develop the skills and attributes required to go out into the wider world and make a difference. Upon Thomas Foley's death, the school was left to a group of trustees, his sons among them, known as Feoffees. This family tradition has survived the centuries and the Feoffees, including several direct descendants of the Founder, retain an active involvement in the School of the Foundation today as Feoffees and Governors.

1.4 In the last year the Foundation has acquired the former Stourbridge College campus.
The campus has remained in education use, accommodating an expanded school which also includes girls.

1.5 The Foundation owns the land at Racecourse Lane, Stourbridge, including Stourbridge
Golf Course and agricultural land to the south of the road.

1.6 The Foundation wishes to bring the Racecourse Lane site forward for new homes, and relocate the golf course to the south of Racecourse Lane, in order to generate income which will wholly be reinvested in maintaining and improving charitable support for Old Swinford Hospital School.

1.7 Given its historic links with the area stewardship is at the core of the Foundation's beliefs, including ensuring that it continues to leave a legacy for the local community. This is reflected in their approach to their proposals. Their intentions are to enable the delivery of a unique and environmentally-sustainable new neighbourhood that will have a landscape-led design approach delivering exemplar high quality living.

1.8 The Racecourse Lane site is in a highly sustainable location, accessible to a wide range of facilities and services nearby. This, along with the surrounding environment's ability to accommodate development in this area, offers the opportunity to deliver high
quality new homes and associated infrastructure, including a possible site for a primary
school and nursery, health facility, and public open space.

1.9 The representations are structured as follows:

• Section 2: Provides a summary of the Site and the opportunity it presents.

• Section 3: Sets out the Foundation's response to the draft BCP consultation.

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• Section 4: Provides commentary on the Council's site assessment of the
Racecourse Lane site.

• Section 5: Provides a conclusion to these representations.

2. The opportunity


Design concept
2.1 The vision for the Racecourse Lane site is to create a new neighbourhood on the edge of Stourbridge, providing much needed housing within the Dudley Borough, whilst creating a residential development of the highest standard. It will be characterised by bespoke, high quality homes, set within attractive landscaped streets and generous open spaces. It will also include the provision of on-site community infrastructure, including a primary school and nursery, and health centre/community hub, and provide significant road improvements.

2.2 The proposals represent an urban extension to Stourbridge, with existing development surrounding the site to west, north, east and south east. It will reinforce the existing settlement pattern of Stourbridge. The proposals are landscape and biodiversity creation led, therefore key features of these proposals are new areas of woodland and creating opportunities for recreation and biodiversity. The strategy in terms of
retaining and enhancing biodiversity at the site is set out further below.

2.3 The concept masterplan enclosed (Appendix 1) shows the emerging layout for the new neighbourhood and proposed land uses. This includes:

• Approximately 650-700 new homes, with a mix of sizes and tenures, including affordable housing

• Provision of education and childcare facilities, including a potential two form entry primary school and nursery

• Provision of a new health centre

• Re-provision of a golf course, which will remain in the Green Belt and provide a new defensible boundary

• Preservation and enhancement of existing woodland to protect and provide opportunities for recreation and biodiversity

• Provision of significant public open space which will incorporate opportunities for locally equipped areas of play

• Other green infrastructure running through the development, incorporating tree planting, drainage features and pedestrian/ cycle links

• Re-providing the value of the existing Site of Important Nature Conservation (SINC) and, overall, delivering a measurable biodiversity net gain (as demonstrated by the Biodiversity Technical Note at Appendix 2).

• The potential to deliver much needed highway improvements between Norton Road and Worcester Lane (as demonstrated by the Transport Technical Note at Appendix 3)

2.4 In total circa 30% of the existing golf course site will become green infrastructure and open space as part of the proposals. The enhanced woodland edge around the site will provide a natural buffer to the north, whilst also delivering a newly accessible woodland, complementing the wider areas of public open space to be provided elsewhere within the development.

Biodiversity
2.5 The Tyler Grange Biodiversity Technical Note (Appendix 2) demonstrates that the proposals would include the retention and enhancement of habitats outside of the proposed development areas, particularly those of relevance to the existing Ped more Common SINC and Stourbridge Golf Course Site of Local Important Nature Conservation (SLINC). The proposals also provide an extensive scheme of habitat creation to increase the overall extent of priority habitats, the enhancement of designated sites, and an overall net gain for biodiversity. These measures would also
have benefits for protected species and species of principal importance associated with them.

2.6 The measures include:

• Creation of a large area of lowland heathland and dry acid grassland within the existing golf course site, providing a 1,000% net increase in the heathland and acid grassland which form part of the SINC designation.

• An extensive programme of woodland enhancement and creation, including the creation of a linear link between the Ped more Common SINC and Stourbridge Golf Course SLINC.

• Complement the existing pond to the north of the site with the creation of new areas of SuDs and ponds.

• Provision of new heathland as part of the new golf course and substantial woodland and tree planting throughout the interior and boundaries of the course.

2.7 These measures are set out in more detail at Section 4 of the Biodiversity Technical
Note and the associated opportunities and constraints plans.

2.8 With the implementation of the habitat retention, enhancement and creation measures identified above, the development will not result in any adverse effects to any locally designated sites. The proposals will ultimately result in a net gain in biodiversity of above 10% (in line with emerging national and local policy and legislation), and an increase in the condition and net area of the qualifying habitats for locally designated sites, including the Pedmore Common SINC, Stourbridge Golf Curse SLINC, Ounty Johns Wood SINC and Racecourse Lane Candidate SINC, and increase the connectivity between each of the designated sites, as well as with the wider green network for wildlife.

Phasing
2.9 The site includes the relocation of the golf course. Phasing will therefore be integral to these proposals as the intention is to ensure the golf course can remain operational throughout the build out period.

2.10 As the current golf course site and the land it will be relocated to are both in the Foundation's ownership, it will be possible to relocate the golf course in sections, rather than having to open an entire new golf course before the existing course can be closed to allow for development to start.

2.11 Through the masterplanning exercise two clear phases of development have emerged, broadly following the areas of density.

2.12 The phases are summarised below:

• Phase la: new access off Norton Road and link road

• Phase lb: high density housing area -- 70 dwellings

• Phase le: western area of medium density housing area - 425 dwellings

• Phase ld: primary school and health centre

• Phase 2a: new road and access off Worcester Lane

• Phase 2b: eastern area of medium density housing area (adjacent to Worcester
Lane) - 100 dwellings

• Phase 2c: low density housing area -- 70 dwellings

2.13 It takes approximately 18 months to construct an entire 18 hole golf course. The intention is to relocate the golf course based on the two phases set above - so the western extent of the golf course within phase 1 would be relocated first. As we will not be relocating the entire golf course in a single phase it is anticipated Phase 1 will take approximately 12 months from construction to completion.

2.14 At the appropriate time a hybrid planning application for the proposals across the entire site will be submitted -with full planning permission sought for the new golf course and access. All other elements of the proposals, such as the layout, scale and massing of new homes, would remain in outline, to be agreed via a later reserved matters submission.

2.15 From hybrid planning permission being granted work would start immediately to establish the first phase of the golf course on land to the south of Racecourse Lane. At the same time a reserved matters submission would be made for the first phases of development. Once reserved matters approval is received construction of new homes would commence as would the road infrastructure work.

2.16 Strategic infrastructure and community facilities will be delivered up front in the first phase of development to provide a solid foundation upon which the new neighbourhood can grow. This includes the enhanced woodland, open space, primaryschool and nursery, and health centre. This will be secured via a Section 106
Agreement.


2.17 Based on the above we have set out below broad timescales for delivery of the proposed development:


Milestone Timescale

Adoption of Black Country Plan April 2024

Submission of hybrid planning application April 2024

Determination of hybrid planning application June 2025

Works commence on relocation of golf course June 2025 phase 1

Reserved matters submission made for first February 2026 phases of new homes and associated
infrastructure (including roads)

Relocated golf course phase one becomes
operational
June 2026

Works commence on relocation of golf course June 2026 phase 2

Phase 1 reserved matters approval (any August 2026 intrusion investigative work, such as trial
trenching, to be undertaken after June 2026)

Construction of road infrastructure and first
phases of new homes
August 2026

Construction of 495 dwellings within phase 1 August 2026 - August 2037 (assumes 45 dwellings per annum)

Reserved matters submitted for phase 2 April 2027

Relocated golf course phase two becomes August 2027 operationa I

Reserved matters approval for phase 2 (any intrusion investigative work, such as trial
trenching, to be undertaken after August 2027)
October 2027

Construction of remaining road infrastructure- October 2027 link to Worcester Lane

Completion of remaining road infrastructure April 2028

Construction of 170 dwellings within phase 2 April 2028 - April 2032 (assumes 45 dwellings per annum and separate
outlet to phase 1)

All homes completed August 2037

3. Response to draft BCP consultation


3.1 We respond to each section and policy relevant to the Foundation's site at Racecourse
Land Stourbridge, below.


Vision for the Black Country and objectives

3.2 The Foundation supports the overall Vision for the Black Country and its central aim of "... creating a prosperous, stronger and sustainable Black Country", which needs to be flexible to allow the authorities to respond to future challenges. In achieving this the strategic priorities however need some further consideration.

3.3 As we explore further in these representations, the remaining unmet need for the Black Country could be a significant issue. Strategic Priority 3 under the 'housing that meets all our needs' objective should therefore place greater emphasis on this matter and that all options will be explored to ensure the Black Country's needs are met in full. We discuss the policies relevant to the strategic priority further below in terms of draft policies HOU1 and HOU2.

3.4 We note that Strategic Priority 7 under the 'enabling a strong, stable and inclusive economy' objective seeks to provide a balanced portfolio of employment sites, as well to protect and enhance existing sustainable employment areas. It must be reflected on as to whether the plan's current strategy of proposing to allocate active employment sites for new homes and a lack of policy protection for employment sites being lost to other uses would deliver this strategic priority, which we discuss further below in terms of draft policies HOU1 and DEL2.

3.5 We welcome Strategic Priority 15 under the 'meeting our resource and infrastructure needs' objective as it seeks to ensure the necessary infrastructure is in place to support its existing and future growth. However, at this stage of the BCP preparation, the evidence base which underpins the plan is incomplete.

Spatial strategy

3.6 Paragraph 3.2 confirms that the Spatial strategy is structured around four key policies within the draft BCP:

• CSP1 (development strategy)

• CSP2 (strategic centres and core regeneration areas)

• CSP3 (towns and neighbourhood areas and the Green Belt)

• CSP4 (achieving well-designed places)

3.7 We comment on each policy in turn below.

CSPl (development strategy)
3.8 As currently drafted the housing (47,837 homes) and employment (355ha) supplies are identified in the emerging policy. The actual policy should be clearer that this is the area's proposed supply only and that the actual overall needs for the Black Country are
76,076 homes and 565ha of employment land. The policy can then be clear on how
much of the need is to be exported to other authorities.


3.9 The overall development strategy is essentially made up of two elements:


• Delivering the majority of growth in the existing Urban Area/ Growth Network
(86% in total); and


• Delivering a limited number of Neighbourhood Growth Areas (NGA) outside of Growth Network (14%). The policy defines NGAs as "areas in highly sustainable locations on the edge of the Urban Area". The supporting text to the policy provides further explanation - they are 'large sites, or clusters of smaller sites, which have been releasedfrom the Green Belt in sustainable locations on the edge of the urban area".

3.10 Given the existing Urban Area/ Growth Network reflects the sites identified in the Councils' Urban Capacity Study, it is presumed the above represents a hierarchical approach, with the existing Urban Area/ Growth Network favoured over the NGAs.
This point should be further clarified as part of the justification text to draft policy CSP1
to ensure it meets NPPF paragraph 20.


3.11 Paragraph 3.7 of the policy supporting text indicates the strategy has been developed "through a comprehensive assessment of a range of alternative options". The preferred strategy reflects Spatial Option J, considered in the Sustainability Assessment (July
2021) (SA). To ensure the plan satisfies NPPF paragraph 35 further evidence will be necessary to provide clarity as to whether this optioneering exercise reflects the Councils' assessment of reasonable alternatives, or whether this assessment is provided elsewhere in the SA.

3.12 The Black Country's needs are based on a plan period of 2020-2039. NPPF paragraph
22 states that strategic policies should look ahead over a minimum 15 year period from adoption. To achieve this the plan would have to be adopted by 31 March 2024. The current schedule for the BCP is that the plan will be adopted in April 2024, on this basis the plan would not meet the requirements of NPPF paragraph 22. The plan period should therefore be extended to reflect this.

CSP3 (towns and neighbourhood areas and the Green Belt)
3.13 Policy CSP3 1) recognises the importance of providing a mix of good quality residential areas where people choose to live and recognising the inherent sustainability of directing new development through the allocation of a network of new NGAs. This is why NGAs are crucial to the success of this plan - as traditionally certain types and sizes of housing are more readily delivered on urban brownfield sites due to factors such as viability and density. NGAs offer the opportunity to deliver a wider range of housing types to meet the area's identified needs.






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3.14 The Foundation agrees that it will be important to the success ofthe NGAs for the parcels of land to be comprehensively master planned to maximise the efficiency, sustainability, and integration across the sites, and this has been central to the development of the concept masterplan for the Racecourse Lane site to date.

3.15 The allocation of NGAs allows for greater public access to the countryside which urban sites are not able to, so it is right parts e) and g) of the draft policy require integrated, and where possible, continuous networks of green infrastructure and easy access to the countryside. This would not be possible without NGAs and the need for this infrastructure is a central theme to the concept masterplan for the Foundation's Racecourse Lane site.

3.16 On point e), as we discuss further at draft policy DEL1, it will be essential that the Councils' evidence base appropriately identifies necessary infrastructure to facilitate and mitigate the proposed development to allow for NGAs to be appropriately phased and delivered alongside any necessary infrastructure.

Policy CSP4 (achieving well-designed places)
3.17 The NPPF was updated in July 2021 with a much greater emphasis placed on the delivery of high quality design. This saw significant amendments to chapter 12 of the NPPF and was supplemented by the publication of the National Design Guide (2021) and National Model Design Code (Parts 1 and 2) (2021). Together these documents confirm the Government's intent to guide the delivery of well-designed places and demonstrating what 'good design' means in practice.

3.18 The NPPF now establishes a need for local planning authorities to ensure that visual tools such as design codes and guides are used to inform development proposals to provide maximum clarity about design expectations at an early stage to assist in providing a framework for creating high-quality places, with a consistent and high• quality standard of design to inform development proposals.

3.19 The Foundation therefore considers that draft policy CSP4 should be updated to reflect this change in national guidance and instead of establishing prescriptive design criteria within a strategic policy, there is instead an opportunity for the principles identified within draft policy CSP4 to inform the future development of Local Design Code for the Black Country.

3.20 In any event, throughout the masterplanning undertaken to date, the Foundation has sought to ensure that the concept masterplan is grounded through high quality urban design and placemaking as evidenced through the concept masterplan enclosed at Appendix 1. The Foundation will continue to develop and refine the illustrative masterplan in accordance with best practice guidance.

Green Belt

Policy GBl: The Black Country Green Belt
3.21 As identified at paragraphs 3.14-17 and 3.75, the draft BCP has identified exceptional circumstances for the removal of land from the Black Country Green Belt. The Council summarise their exceptional circumstances case further at paragraph 4.7 of the Urban Capacity Review Update (May 2021).



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3.22 Following national planning policy, the authorities are therefore justified in proposing
to amend the Green Belt boundary through the associated policies map. Indeed further land will be necessary to be released from the Green Belt if the Councils are to deliver the scale of supply proposed in the plan, let alone reducing the overall shortfall being exported to neighbouring authorities (as we discuss further in response to draft policy HOUl below).

3.23 The policy however could do with refinement. As currently drafted part 2 applies to sites to be removed from the Green Belt (so at the point the plan is adopted will no longer be in the Green Belt), and the balance of the policy is to be applied to land remaining in the Green Belt. The policy would benefit from part 2 being deleted to provide greater clarity. Part 2)a. (the need for a defensible Green Belt boundary) is covered in draft policy CSP3, it may be that policy should also include reference to part
2)b. and the need for compensatory measures. Another solution could be making
Part2)b. part of any site specific allocation for sites removed from the Green Belt.

3.24 In evolving the next version of the plan the Councils should provide further information in a single document (perhaps as a topic paper) summarising the Green Belt compensatory measures on a Black Country wide basis to ensure there is clarity on
how NPPF paragraph 142 is satisfied.

3.25 NPPF paragraphs 140 and 143 are clear that Green Belt boundaries should be permanent and endure beyond the plan period. Where necessary safeguarded land should be identified when defining Green Belt boundaries in order to meet longer term needs. Despite this the draft BCP makes no attempt to safeguard land for its needs beyond 2039. This is particularly relevant the authorities such as Dudley, safeguarded land can also contribute to maintaining the area's housing land supply. The plan should therefore identify safeguarded land to satisfy national planning policy.

Infrastructure

3.26 At the current stage of the preparation of the draft BCP, it is acknowledged that the evidence base is still being prepared, and this is particularly true with regards to infrastructure.

Policy DELl (infrastructure provision)
3.27 The Councils need to be cautious with their approach to viability given the scale of brownfield land in the proposed supply. The draft BCP is highly dependant upon development in the existing built-up area (40,117 dwellings) and brownfield sites (81%). The Black Country's Viability & Delivery Study (September 2021) confirms that
65% of urban typologies tested are marginally viable (27%) or unviable (38%). The Councils must grapple with this matter as part of the plan and in identifying its proposed supply.

Policy DEL2 (balanced between employment land and housing)
3.28 This policy covers development of housing or employment on previously developed land 'that is not allocated for this use', so would apply for any planning applications for residential development on existing employment sites. Both the housing and employment shortfalls are significant- circa 37% of the total need (notwithstanding that no evidence has been prepared to indicate whether the proposed component of



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the housing supply on existing employment sites has been factored into the employment land shortfall).

3.29 There is limited evidence that there is any trend of housing sites coming forward for employment development in the urban area, where as there is evidence that employment sites do sometimes be redeveloped for new homes. Examples of this are the Bilston Urban Village site in Wolverhampton and the former Cerro EMS Ltd site on Goscote Lane in Walsall (though we do dispute the scale of the Council's anticipated supply from this source going forward).

3.30 It is anticipated this policy would mostly be applied to new housing on employment sites. Any further loss of employment land would only exacerbate the Council's already significant employment land shortfall of 210ha, at a time when the Black Country's economy is growing, with the employment rate growing faster than the average in England (3.5% growth compared to an average of 0.9%) (paragraph 1.29 of the draft BCP).

3.31 Indeed, it clearly states at paragraph 1.30 that "the challenge is to keep that momentum". Policy DEL2 should reflect this growth and ensure the employment land shortfall does not unnecessarily increase, it should therefore be seeking to provide greater protection of existing employment sites (no protections are provided in draft policies HOU1 or EMP1-EMP4). This would also ensure the policy and plan conforms to the NPPF, which requires a sufficient supply of employment sites to be provided.

3.32 This can be done through requiring any application for residential development on an existing employment site to include evidence the site has been marketed for a certain period and that there is no reasonable interest. Indeed this is an approach taken by a number of authorities, including neighbours such as Lichfield District.

3.33 Rather than compromising its employment land supply further, the plan should be seeking to maximise locations for development outside of the urban area, and if anything, increasing the number of homes allocated on sites currently in the Green Belt. The Foundation's Racecourse Lane site, Stourbridge can assist in ensuring the Black Country's housing land supply is robust and does not compromise the plan's ability to meet the area's employment needs.

Health and wellbeing

3.34 The Foundation support the BCP's aspirations for supporting health and wellbeing and identifying opportunities through new development to support the creation of strong, vibrant and healthy communities.

3.35 Central to being able to deliver on this will be directing new development to the right locations, such the Foundation's Racecourse Lane site at Stourbridge which benefits from good accessibility to existing services, employment and sustainable transport options, but also seeks to enhance this through the provision of onsite facilities such as potential education, health facilities and significant public open space.








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Policy HWl (health and wellbeing)
3.36 As discussed in response to Policy DEL1, it is important that policies within the BCP do not compromise the viability and deliverability of new developments, particularly in respect of the need for and delivery of onsite infrastructure. To ensure HW1 takes a consistent approach to viability with other policies in the plan, part j. of the policy would benefit from cross referencing draft policy DEL1 which sets out the tests for viability.

Policy HW2 (healthcare infrastructure)
3.37 Subject to there being an evidenced need, the Foundation welcomes part 7 of this policy and the requirement for onsite healthcare provision. Indeed potential provision is already allowed for in the site's concept masterplan. To satisfy NPPF paragraph 16 the policy should only refer to an identified requirement, rather than a 'likely requirement', which would render this part of the policy ambiguous.

Housing delivery


Policy HOUl (delivering sustainable housing growth)
3.38 Firstly, similar to the response to policy CSP1 above, the policy should be clear that
47,837 new homes is the proposed supply only and that the full need for the Black Country is 76,076new homes. To ensure it is not ambiguous the policy should also clearly state the exact scale ofthe remaining unmet need so it is clear for any authority working with the Black Country on assisting with its unmet needs.

3.39 In terms of the overall need of 76,076 homes (4,004 dwellings per annum), the plan must be clear that this is a minimum. This represents a relatively small number of new homes compared to the size of the Black Country's existing housing stock {501,464 homes as of 2020') and would only require growth at a rate which almost half of the thirty West Midlands region's authorities have achieved since 2006 (0.7% per annum).

3.40 Indeed the proposed housing need, which is based on the area's standard method need only, represents a benchmark of the minimum need for housing only. For instance, it does not account for changing economic circumstances, such as the Councils' assurances that there will be sufficient labour to meet the economic growth ambitions of the area (draft policy EMP1). This could be justification for increasing the Black Country's housing needs.

3.41 This demonstrates that there is no evidence for lowering the Black Country's total housing needs, if there is to be any change it should be to increase it to ensure sufficient labour is provided to meet the sub-region's economic growth ambitions.

Table 3 (Black Country housing land supply and indicative phasing 2020-39)
3.42 The proposed supply of 47,878 new homes between 2020 and 2039 is the equivalent
of 2,518 dwellings per annum. This is less than what the authorities have delivered per annum for the last six years (2,863 dwellings per annum). Whilst the supply within the urban area may be more exhausted going forward than in those previous six years, this


1 MHCLG (2020) Table 125: dwelling stock estimates by local authority district
2 Based on the outcome of the standard method as of August 2021, estimated for every local authority by Turley and aggregated to the West Midlands (21,829dpa) and England (297,619dpa)



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level of delivery demonstrates the scale of demand in the Black Country and that the market is capable of absorbing it.

3.43 The increased supply of homes has directly contributed to the area more effectively attracting and retaining people than it has historically. One benefit of this is that the Black Country's working age population has grown3• The proposed supply in the draft BCP therefore risks this recent trend and ultimately will result in reducing the size of the working age population.

3.44 Notwithstanding the above, we have some concerns regarding the robustness of the
Councils' proposed supply, which we summarise below:


• There are a number of sources of the supply which are proposed on existing vacant or occupied employment land (6% of the total proposed supply). Similarly to the response to draft policy DEL2 above, this approach significantly risks the NPPF's requirement for the plan to provide a sufficient supply of employment sites, as well as for housing supplies to only include land with a realistic prospect that it is available and could be viably developed. It also contradicts the plan's objective to support economic growth.

• The above is not a new approach. The BCCS also allocated a total of 16,182 homes on occupied employment land. Based on the Urban Capacity Review Update (May 2021) only 679 (4.2%) of those homes have been delivered to date (with less than five years of the plan period remaining).

• The BCCS assumed a 10% non-implementation rate for sites under construction.
The BCP plans to reduce this to 5%, based only on evidence from Wolverhampton City for the period 2001-2004. There is insufficient evidence at this stage to justify such a change in approach.

• 4,973 new homes are proposed on existing allocations (circa 10% of the total supply). The largest contributions to this are from Dudley (2,506 homes) and Wolverhampton (2,248 homes). These sites are largely located in Strategic Centres and allocated in Area Action Plans which followed the BCCS. There is no new evidence to demonstrate their deliverability to support their continued allocation in the draft BCP, there is however evidence where the Councils concede a number of these sites are constrained given issues such as land ownership, viability, the need to relocate existing uses, or ground
contamination5

• No compelling evidence (as required by NPPF paragraph 71) has been provided to justify including 812 new homes (circa 2% of the supply) in Wolverhampton





3 ONS (2021) Mid-year population estimates, 2001 to 2020
4 Paragraph 2.1.14 of the Black Country Urban Capacity Review Update (May 2021)
5 Referenced at paragraph 7. 7 of the Viability and Delivery Study (May 2021), paragraph 6.6 of the draft BCP, specific site commentary in the SHLAAs, and paragraph 3.1.24 of the Black Country Urban Capacity Review Update (May 2021)



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City Centre on upper floor conversions. There is no evidence in the SHLA A or any data on historic windfall delivery rates of this nature in the Black Country.

3.45 Notwithstanding the concerns regarding the claimed supply, there is currently no evidence to demonstrate how the Black Country's claimed shortfall of circa 28,000 homes will be met, let alone that the fact that the scale of the shortfall is most likely to be more significant. The plan refers to Lichfield, South Staffordshire and Shropshire contributing to the shortfall - this totals a maximum of 7,500 new homes6• Based on the Council's claimed supply, there would still remain a 20,500 housing shortfall.

3.46 To provide some context to the scale of the shortfall, even if Wolverhampton City's
35% standard method cities uplift was removed, the shortfall including contributions from other authorities would still stand at circa 16,000 based on the Black Country's claimed supply. There is reference to Telford potentially also assisting (and at the Solihull Local Plan examination reference was made to Stafford potentially contributing), but this is unlikely to be a significant contribution or anything close to ensure the unmet need is fully resolved.

3.47 The Black Country should therefore be examining its potential supply of greenfield sites to ensure its supply is robust and to further reduce the shortfall to be exported to neighbouring authorities. As set out at Section 4 the Racecourse Lane site should have been scored more positively in the Councils' SA and Site Assessment scoring exercise. When reasonably and appropriately considered it is capable of delivering new homes which can assist in significantly reducing the scale of the Black Country's shortfall,
whilst providing real benefits for existing and new residents.

Policy HOU2 (housing density, type and accessibility)
3.48 It is agreed that a range of types and sizes of accommodation are needed, this is reflected in the Councils' Housing Market Assessment (March 2021). Notwithstanding this, any housing mix should be agreed based on the most recently available information at the point an application is determined, this is rightly acknowledged by the policy.

3.49 Part 4 of the policy is also welcomed and the recognition that a site's density can be lower than the guidelines set by the policy is it is necessary to reflect local distinctiveness. The concept masterplan for the Racecourse Lane site demonstrates how the surrounding context has influenced the Foundation's proposals for the site.

Policy HOUS (education facilities)
3.50 The Foundation supports this policy and part 2, indeed it proposes the provision of a new primary school on its Racecourse Lane site.










6 Based on page 2 of the Black Country Authorities' hearing statement to Matter 2 of the Solihull Local Plan examination



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Environmental transformation and climate change


Policy ENVl (nature conservation) and ENV3 (nature recovery and biodiversity net gain)
3.51 Policy ENV1 of the BCP seeks to ensure that development is not detrimental to the natural environment, and outlines a series of measures/ tests to ensure that any development can have a measurable improvement to the natural environment.

3.52 As discussed at Section 2, with the implementation of the habitat retention, enhancement and creation measures identified above, the development will not result in any adverse effects to any locally designated sites. The proposals will ultimately result in a net gain in biodiversity of above 10% (in line with emerging national and
local policy and legislation), and an increase in the condition and net area of the qualifying habitats for locally designated sites, including the Pedmore Common SINC, Stourbridge Golf Curse SLINC, Ounty Johns Wood SINC and Racecourse Lane Candidate SINC, and increase the connectivity between each of the designated sites, as well as with the wider green network for wildlife.

Policy ENVS (historic character and local distinctiveness of the Black Country
3.53 The Foundation has no objections to policy ENVS and its intention to protect the historic character where it is evidenced and appropriate to do so. There are no designated heritage assets at the site. Further work is to be undertaken to assess any further value and will be submitted to the Council when complete.

Policy ENV8 (open space, sport and recreation)
3.54 As expressed throughout these representations, there is a need for policy requirements to be fully evidence and justified. The Foundation therefore supports using the most up to date local open space, sport and recreation standards and these should be evidenced accordingly by each local authority.

3.55 As identified on the illustrative masterplan for the Racecourse Lane site, the Foundation has focussed on the delivery of a robust open space strategy which will provide a significant network of open, natural spaces throughout the site.

Policy ENV9 (design quality)
3.56 Policy ENV9 appears to be a duplication of the criteria contained in draft policy CSP4 and can be most appropriately dealt with by way of the production of a Local Design Guide for the Black Country aligning with the Governments' recent amendments to the NPPF. As such it is not necessary.




















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4. Council site assessment


4.1 The Foundation is promoting land at Racecourse Lane, Stourbridge (site ref: 114/ SA-
0018-DUD-A) for residential development and relocation of the existing golf course. The site provides an opportunity to create a sustainable and high quality new community, delivering a wide range of new family and affordable homes in a highly accessible and sustainable location, which is fully supported by a robust site specific evidence base which we have discussed and introduced at section 2 of these representations.

4.2 A number of matters in the site assessment site should have been scored more positively, for the reasons set out below.

• Greenfield - The BCP Urban Capacity Study (May 2021) confirms that the existing urban supply could accommodate 39,257 new homes up to 2039 and 205 hectares of employment development up to 2039.Therefore, while the site is greenfield and currently located within the Green Belt, given the pressing
housing need, the Council have identified exceptional circumstances to justify
Green Belt (which is predominantly greenfield land) being developed. This



• Tree Preservation Order/ Mature Trees of Value on site or significantly affecting boundaries- the illustrative masterplan and Biodiversity Technical Note at Appendix 2 demonstrates that the majority of trees will be retained as part of any proposals, with further provision of new heathland and substantial woodland and tree planting identified. This should therefore score amber.

• Biodiversity or geodiversity on site or significantly affecting boundaries -- the Biodiversity Technical Note demonstrates that with the implementation ofthe habitat retention, enhancement and creation measures identified above, the development will not result in any adverse effects to any locally designated sites. The proposals will ultimately result in a net gain in biodiversity of above 10% (in line with emerging national and local policy and legislation), and an increase in
the condition and net area of the qualifying habitats for locally designated sites,
including the Pedmore Common SINC, Stourbridge Golf Curse SLINC, Ounty Johns Wood SINC and Racecourse Lane Candidate SINC, and increase the connectivity between each of the designated sites, as well as with the wider green network for wildlife. With mitigation this should therefore score green.

• Heritage Assets on site or significantly affecting boundaries -- the site is in an Area of High Historic Landscape Value. This designation has been reflected in our proposals for the site. Further work is being undertaken to understand this further. With mitigation this should therefore score amber.

4.3 In summary, the submitted evidence demonstrates that the role the site would play in delivering new homes sustainably in Dudley has been underplayed by the Site Assessment and SA, and this has followed through to the Councils' approach to site selection. It should therefore be a proposed allocation in the plan, not least because of





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its range of benefits, including the provision of a new primary school, health facility and extensive public open space, and significant highway improvements.
5. Summary


5.1 The Foundation welcome the opportunity to engage with the Black Country Plan 2039
Regulation 18 Consultation (August 2021). The Foundation is actively promoting land at Racecourse Lane, Stourbridge (site ref: 114 / SA-0018-DUD-A) as sustainable and deliverable opportunity for new homes and associated infrastructure.

5.2 Beyond the sites already proposed for allocation there is a pressing need for the Black Country Plan to propose the removal of additional land from the Green belt for residential development:

• The Black Country authorities' supply is not realistic and includes sites which do not meet the requirements of planning policy and guidance. This applies to the existing vacant, occupied employment land and Wolverhampton upper floor conversations, and existing Black Country Core Strategy (2011) (BCCS) allocations components of the supply, and using appropriate and evidenced non• implementation rates.

• There is currently no evidence to demonstrate how the Black Country's shortfall of circa 28,000 homes will be met, let alone that the fact that the scale of the shortfall is most likely to be more significant. The plan refers to Lichfield, South Staffordshire and Shropshire contributing to the shortfall - this totals a maximum of 7,500 new homes'. Based on the Council's claimed supply, there would still remain a 20,500 housing shortfall.

• Even if Wolverhampton City's 35% standard method cities uplift were to be removed the shortfall would still stand at circa 16,000 homes. There is reference to Telford potentially also assisting (and at the Solihull Local Plan examination reference was made to Stafford potentially contributing), but this is unlikely to
be a significant contribution or anything close to ensure the unmet need is fully resolved.

• At the same time the Black Country Councils are indicating an employment land shortfall of 210ha (circa 37% of the total need). There is no policy protection proposed for the Councils' existing employment supply- this supply is necessary to provide employment for the area's working age population. Without this they risk exacerbating their employment shortfall.

5.3 Therefore the Black Country authorities must identify further sites to be allocated for new housing to ensure their supply is robust and the shortfall is minimised. The Foundation's Racecourse Lane site at Stourbridge is a sustainable opportunity for contributing to this remaining shortfall, its benefits are summarised below:

• Delivery of approximately 650-700 new homes, with a mix of sizes and tenures, including affordable housing



7 Based on page 2 of the Black Country Authorities' hearing statement to Matter 2 of the Solihull Local Plan examination



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• Provision of education and childcare facilities, including a primary school and nursery

• Provision of a new health centre


• Re-provision of a golf course, which will remain in the Green Belt and provide a new defensible boundary

• Preservation and enhancement of existing woodland to protect and provide opportunities for recreation and biodiversity

• Provision of significant public open space which will inco rporate opportunities for loca lly equipped areas of play

• Other green infrastructure running through the development, incorporating tree planting, drainage features and pedestrian/ cycle links

• Re-providing the value of the existing Site of Important Nature Conservation (SINC) and, overall, delivering a measurable biodiversity net gain (as demonstrated by the Biodiversity Technical Note at Appendix 2)

• The potential to deliver much needed highway improvements between Norton Road and Worcester Lane (as demonstrated by the Transport Technical Note at Appendix 3)

5.4 As we set out at Section 4, evidence demonstrates that the role the Racecourse Lane site could play in delivering new homes sustainably in Dudley should be scored more positively in the Councils' Site Assessment and Sustainability Appraisal (September
2021) (SA). It should therefore be a proposed allocation in the plan. Indeed it would not compromise the plan's ability to meet the area's employment needs.

5.5 We would welcome the opportunity to discuss further with officers the site's potential to assist the Black Country Plan's proposed supply.

Section 6: Discussion on compliance of proposals with policy


6.1. The habitat retention, enhancement and creation described in Section 4 form a mitigation strategy for the site, which complies with national legislation, and national and local policy. The compliance of the strategy with regards to relevant policy is discussed below, in Table 3 with specific regards to the Black Country Core Strategy Policy ENV1, and in the subsequent discussion with regards to other policies.

6.2. Illustrative representations of the habitat enhancement and creation proposed both onsite and offsite are shown on the opportunities and constraints plans 13895/P01a-c.

Table 3: Compliance with ENV1


Black Country Core Strategy Policy ENV1 Mitigation Strategy

~e proposals would result in an overall reduction in the area of the Pedmore Common SINC. However, the majority of the area to be lost under the proposals would be the amenity grassland within the playing areas of the golf course, which
is limited value to biodiversity.

Development would require the loss of areas of woodland within the interior of the SINC. However, these woodlands are mostly mixed plantation woodlands, managed to a poor condition as a consequence of the site's current management regime.



Development is not permitted where it would harm internationally, nationally, or regionally (Sites of Importance for Nature Conservation) designated nature sites
~he strategy for the site would retain the woodland around the boundary of the SINC, which is currently managed to a higher condition,
and compensation for the loss of woodland would be provided within the SINC boundary, through
the creation of an extensive linear woodland feature stretching around the entire site boundary. Overall, there will be a net increase in the amount of woodland throughout the entire site, which will be strategically designed to maximise
connectivity and biodiversity value.

~he Habitats of Principal Importance (HoPI) for which the SINC is designated, namely lowland heathland and dry acid grassland, will be significantly enhanced as a result of the proposals. negligible area of heathland, and small area of acid grassland in the interior of the SINC will be lost to the development. However, the proposals will incorporate an extensive scheme of heathland restoration and creation, which will enhance and expand the retained






13895_RO1c_C_CW


Black Country Core Strategy Policy ENV1 Mitigation Strategy

habitat, resulting in approximately a 1000% net increase in the heathland and acid grassland Habitats.

Whilst there would be an overall reduction in the area of the SINC, it is considered that the enhancement, mitigation and compensation proposed within the SINC and throughout the wider site would result in an enhancement and extension of the qualifying habitats for which it is designated and provide greater connectivity between the SINC and nearby designated sites as well as the wider green network.

additionally, Ounty John Wood SINC which is located adjacent to the site boundary would benefit from an enhancement and expansion of the qualifying habitats as a result of a programme of woodland planting within the area of site adjacent to the Woods boundary.

~herefore, the proposals should not be considered harmful to the any of the regionally designated nature sites within or adjacent to the site
boundary and should therefore be considered to be compliant with policy ENV1.




Locally designated nature conservation sites (Sites of Local Importance for Nature Conservation), important habitats and geological features are protected from development proposals which could negatively impact upon them.

Where, exceptionally, the strategic benefits of a development clearly outweigh the importance of a local nature conservation site, species, habitat or geological feature, damage must be
minimised. nu remaining impacts,
including any reduction in area, must be
fully mitigated. Compensation will only be accepted in exceptional circumstances. R mitigation strategy must accompany relevant planning applications.
Ee proposals will result in an overall reduction in the area of the Stourbridge Golf Course SLINC. However, as with the Pedmore Common SINC,
the majority of area to be lost under the proposals would be the amenity grassland areas within the golf course.

Development would necessitate the loss of woodland and standard trees within the interior of the SLINC. The large stand of woodland to be
lost is currently in poor condition, with much of the centre of the woodland cleared, with standard trees forming the remainder of the habitat to be lost.

to compensate for this loss of woodland and standard trees, an extensive programme of tree planting and woodland creation is proposed both within the SLINC and the wider site. This includejs
the creation of a linked-up linear woodland
providing increased connectivity between the Pedmore Common SINC and Stourbridge Golf Course SLINC, which would be managed to







13895_RO1c_C_CW


Black Country Core Strategy Policy ENV1 Mitigation Strategy

enhance the areas of retained and created woodland to a good condition.

The creation of the new golf course to the south wil aim to largely replicate, expand and enhance the existing habitats within the SLINC (and SINC), and will include a large amount of woodland creation and tree planting, resulting in a net increase in the amount of woodland and trees throughout the wider site.

tthe waterbod~ for which the SLINC is designated for is to be unaffected by the proposals, and the creation of new areas of SuDS within the residential area and ponds within the new golf course will provide an increase in aquatic habitat throughout the site.











he movement of wildlife within the Black Country and its adjoining areas, through linear habitats (e.g. wildlife corridors) and the wider urban matric (e.g. stepping stone sites) is not impeded by development;
It is considered that the adverse impacts to the SLINC would be more than compensated for through the habitat enhancement and creation proposed.

enhancement and creation proposed in Section 4 would provide an increase in connectivity both within the site and to the wider green network.
he linear woodland created along the boundary
~of the proposed residential area, the extensive woodland and tree line planting throughout the
proposed golf course would provide increased
opportunities for the movement of a wide range of wildlife species within the site and the wider green network.







Species which are legally protected, in decline, are rare within the Black Country or which are covered by national, regional or local Biodiversity ction Plans will not be harmed by development.
New waterbodies, woodlands, hedgerows, and grassland will provide an increase in potential breeding and terrestrial habitat for a range of amphibian species. The creation of the linear woodland feature throughout the Pedmore Common SINC and Stourbridge Golf Course SLINC, along with the new woodland planting through the site would provide dark foraging and commuting routes for bats and. Heathland, grassland, and the mosaic of habitats in the new golf course
will provide suitable habitats for reptiles and invertebrates.

the habitat creation will also result in an increase in
suitable foraging and nesting habitats for wide range of common and priority bird species.

Black Country Core Strategy Policy ENV1 Mitigation Strategy

It is considered that the proposals will provide

ll appropriate development should positively contribute to the natural environment of the Black Country by:
increased opportunities for any protected or priority species present within the local area.

[The habitat creation and enhancement strategy will result in:

• The extension and enhancement of Ounty
John Wood SINC;
• Extending nature conservation sites; •

• Improving wildlife movement; and/or

• Restoring or creating habitats which actively contribute to the implementation of Biodiversity action
Plans.
•

The enhancement and extension of the habitats for which Pedmore Common SINC and Stourbridge Golf Course SLINC is designated;

n increase in connectivity for wildlife both within the site, and between the site and the wider green network; and

The restoration, enhancement and creatj·on of habitats of principal importance, including lowland heathland and dry acid grassland.

Proposed Residential Area

6.3. The proposals would necessitate the building of residential development within the areas designated as Pedmore Common SINC, and Stourbridge Golf Course SLINC. The habitat creation proposed within the Pedmore Common SINC includes the creation of a large area of lowland heathland and dry acid grassland, which will enhance and expand on the retained habitat, resulting in approximately a 1000% net increase in the heathland and acid grassland Habitats of Principal Importance for which the SINC is designated (within its current boundary).

6.4. To compensate for the loss of mature trees and woodland within the SINC and SLINC, an extensive programme of woodland enhancement and creation will result in the formation of a linked-up linear woodland providing increased connectivity between the Pedmore Common SINC and Stourbridge Golf Course SLI NC in an enhanced condition to its current state. The retained and created heathland and woodland throughout the SINC and SLINC would be enhanced through a long-term management plan, designed to maximise the condition and biodiversity value of the habitats.

6.5. The Stourbridge Golf Course SLINC is also designated for the large offsite pond to the north, which will remain entirely unaffected by the proposals, and the creation of new areas of SuDS and ponds will provide an increase in aquatic habitat throughout the site.

6.6. This strategy of habitat retention, enhancement and creation throughout the SI NC and SLI NC are considered to be in line with ENV1 as discussed in Table 3, and national policy and legislation including NERC ct (2006) and NPPF, and local policies CSP3, S19, S21 and S22.

Pro posed New Golf Course Area

6.7. Rs part of the proposals, a new golf course will be created just south of Racecourse Lane, which will broadly replicate, expand, and enhance the habitats currently found within the existing golf course SINC and SLINC. This will include Further large areas of heathland, as well as substantial woodland and tree planting throughout the interior and boundaries of the course. Woodland planting in the new golf course will include targeted planting along the eastern boundary, with the aim of expanding and enhancing the offsite Ounty John's Wood SINC and providing increased connectivity between Ounty Johns Wood and the other designated sites present in or adjacent to the site boundary, in-line with NERC, NPPF, ENV1, CSP3, S19, S21, and S22.

6.8. The habitat creation throughout both the residential area and the new golf course will include a variety of priority and non-priority habitats, including lowland heathland, dry acid grassland, native broadleaved woodland, scattered trees, hedgerows, ponds and SuDS, neutral and amenity grassland. These will be incorporated into the detailed design in a way that aims maximises both the biodiversity and amenity value of the site, as well as the sites context and value within the wider Dudley Borough green network.

6.9. The habitat creation and enhancement will ensure that the qualifying habitats For Pedmore Common SINC, Ounty Johns Wood SINC, and Stourbridge Golf Course SLINC will be retained and enhanced, with a net increase in the qualifying habitats of each throughout the site; increased connectivity between the designated sites and the wider Dudley Borough green network; and an increase and enhancement of priority habitats across the wider site, in-line with national policy and legislation including NERC Rct 2006 and NPPF, and local policies ENV1, CSP3, S19, S21, and S22.

6.10. In the medium to long term, given the extensive habitat creation proposed throughout the new golf course, it is considered that the newly created course could, once established, be assessed against the local wildlife site selection criteria, to be considered For designation as a non-statutory site.

Section 7: Conclusion


7.1. With the implementation of the habitat retention, enhancement and creation measures outlined Section 4, and broadly illustrated in 13895/P01a-c, it is considered that the proposed development will not result in any adverse effects to any adopted locally designated sites. The proposals will ultimately result in an increase in the condition and net area of the qualifying habitats for locally designated sites, including Pedmore Common SINC, Stourbridge Golf Course SLINC, and Ounty Johns Wood SINC, and increase the connectivity between each of the designated sites, as well as with the wider green network for wildlife.

7.2. There are opportunities to enhance, expand and create a number of habitats including Habitats of Principal Importance throughout and beyond the site, and to create new and enhanced opportunities for a varied assemblage of wildlife. The proposals would in the medium to long term, enhance the locally designated sites, create new important habitats in the context of the local area, and provide increase connectivity both within the site, and to the wider area.

7.3. The habitat creation and enhancement strategy outlined within this document would result in:

• The enhancement and extension of the habitats for which Pedmore Common SINC and
Stourbridge Golf Course SLINC is designated;
• The extension and enhancement of Ounty John Wood SINC;
• Rn increase in connectivity for wildlife both within the site, and between the site and the wider green network; and
• The restoration, enhancement, and creation of habitats of principal importance, including lowland heathland and dry acid grassland.

7.4. R comprehensive long-term ecological management plan produced as part of any future planning application for the site could provide the necessary assurances that any development at the site would enhance and expand upon the designated sites, priority habitats and other features of ecological importance within and adjacent to the site, provide increased connectivity between the site and the wider green network, and would meet the ambitions of all national and local policy and legislation relating to biodiversity.