Draft Black Country Plan

Comment

Representation ID: 43932

Received: 11/10/2021

Respondent: IM Land

Agent: Turley Assocs

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 uses’, 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.
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 are sometimes redeveloped for new homes. Examples of this are the




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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. This only emphasises how important IM Land’s site at Queslett Road, Walsall is to
ensuring the plan delivers on its objectives and meets it housing and employment
needs.

Support

Representation ID: 43933

Received: 11/10/2021

Respondent: IM Land

Agent: Turley Assocs

Health and wellbeing
3.34 IM Land 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 and will welcome the publication of evidence to
substantiate health and wellbeing infrastructure requirements.
3.35 Health and wellbeing are core to the social objective of sustainable development as
defined by the NPPF (paragraph 8). Central to being able to deliver on this will be
directing new development to the right locations, such as land at Queslett Road,
Walsall which benefits from good accessibility to existing services, employment and
sustainable transport options, but also seeks enhance this through the provision of
onsite facilities such as potentially a site for a new primary school, health centre and
local centre (where a need is evidenced).

Comment

Representation ID: 43934

Received: 11/10/2021

Respondent: IM Land

Agent: Turley Assocs

Policy HW1 (health and wellbeing)
3.36 As discussed in response to Policy DEL1, it is important that policies within the BCP do
compromise the viability and deliverability of new developments, particularly in
respect of the need for and delivery of onsite infrastructure. To ensure HW1 is takes a




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consistent approach to viability as other policies in the plan it part j. of the policy would
benefit from cross referencing draft policy DEL1 which sets out the tests for viability.
3.37 In terms of providing employment for all skill sets and abilities, it is estimated that
during construction the proposed development will support 120 gross direct FTE jobs
per annum for circa 10 years, and 85 net additional direct FTE jobs and 45 indirect /
induced FTE jobs in the wider region. Once complete it will support 80 FTE jobs on site
in a range of roles and skill levels, and 190 jobs in retail and leisure businesses annually.
3.38 IM Land is also committed to working with the community to provide enhanced
training opportunities as part of its legacy. This will be explored further.

Comment

Representation ID: 43935

Received: 11/10/2021

Respondent: IM Land

Agent: Turley Assocs

Policy HW2 (healthcare infrastructure)
3.39 Subject to there being an evidenced need, IM Land welcomes part 7 of this policy and
the requirement for onsite healthcare provision. Indeed potential provision is already
allowed for in the site’s illustrative 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.

Comment

Representation ID: 43936

Received: 11/10/2021

Respondent: IM Land

Agent: Turley Assocs

Housing delivery
Policy HOU1 (delivering sustainable housing growth)
3.40 Firstly, similarly to our 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 76,076 new homes. To ensure it is not ambiguous the policy should also
clearly state the exact scale of the remaining unmet need so it is clear for any authority
working with the Black Country on assisting with its unmet needs.
3.41 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 20202) 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 annum3).
3.42 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.
3.43 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.


2 MHCLG (2020) Table 125: dwelling stock estimates by local authority district
3 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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Table 3 (Black Country housing land supply and indicative phasing 2020-39)
3.44 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
level of delivery demonstrates the scale of demand in the Black Country and that the
market is capable of absorbing it.
3.45 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 grown4. 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.
3.46 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 2001-20045. 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


4 ONS (2021) Mid-year population estimates, 2001 to 2020
5 Paragraph 2.1.14 of the Black Country Urban Capacity Review Update (May 2021)




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ownership, viability, the need to relocate existing uses, or ground
contamination6.
• 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
City Centre on upper floor conversions. There is no evidence in the SHLAA or any
data on historic windfall delivery rates of this nature in the Black Country.
3.47 The above reinforces the importance of, as a minimum, protecting those sites that are
in sustainable locations, can deliver real benefits for the community, and are
demonstrably deliverable in the proposed supply, such as IM Land’s site at Queslett
Road, Walsall. Indeed paragraph 6.7 of the draft BCP recognises that the Councils’ own
evidence on market delivery constraints has already been taken into account in
determining the capacity at the site.

Support

Representation ID: 43937

Received: 11/10/2021

Respondent: IM Land

Agent: Turley Assocs

Policy HOU2 (housing density, type and accessibility)
3.48 IM Land agree 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 Vision Document for land at Queslett Road, Walsall demonstrates
how the surrounding context has influenced our proposals for the site.

Comment

Representation ID: 43938

Received: 11/10/2021

Respondent: IM Land

Agent: Turley Assocs

Policy HOU5 (education facilities)
3.50 IM Land support this policy and part 2 subject to sufficient evidence being provided to
demonstrate a need for a site for a new primary school on land at Queslett Road,
Walsall. The Vision Document for the site and the associated illustrative masterplan
includes provision for a possible site for a new two form entry primary school should it
be demonstrated to be necessary.

Comment

Representation ID: 43939

Received: 11/10/2021

Respondent: IM Land

Agent: Turley Assocs

Environmental transformation and climate change
Policy ENV1 (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 The field parcels which make up Land at Queslett Road, are mainly used for agriculture
and are demarcated by low-trimmed hedgerows, mostly species-poor and dominated
by hawthorn. Over-grown hedgerows, with a higher diversity of shrubs, are locally
present (i.e. to the south of Doe Bank Farm). These comprise of ash and sycamore

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trees. Along other boundaries hedgerows are absent or intermittent or are marked by
the planting of non-native tree species.
3.53 Mature trees are locally frequent within certain hedgerows and also occur to a lesser
extent in fields (former hedgelines). The tree species component is varied but mainly
comprises of ash, English oak, sycamore and holly.
3.54 Two small copses of mature trees are present within arable fields. The copses are
dominated by mature oak, beech and sycamore trees. In places tree cover is lower and
more open conditions prevail.
3.55 There are no ponds or watercourses within the site and the site is not designated as a
statutory or non-statutory designated ecological site.
3.56 The illustrative masterplan included in the Vision Document establishes a development
framework which seeks to maintain and bolster as much of the existing natural
features of the site as possible, including the provision of a robust open space network
through new planting and the creation of new wildlife areas within the site to deliver a
net gain in biodiversity value across the site.
6 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)

Comment

Representation ID: 43940

Received: 11/10/2021

Respondent: IM Land

Agent: Turley Assocs

Policy ENV5 (historic character and local distinctiveness of the Black Country
3.57 IM Land have no objections to policy ENV5 and its intention to protect the historic
character where it is evidenced and appropriate to do so. This is evident through the
approach taken in the preparation of the illustrative masterplan for land at Queslett
Road as detailed throughout the Vision Document and informed by the preparation of
a Heritage Technical Note (enclosed at Appendix 3).
3.58 The Heritage Technical Note identifies that the site has remained in agricultural use
throughout the 19th and 20th century. However growth and suburbanisation has
characterised its surroundings through the 20th and 21st century and it is situated in
an increasingly transitional area. By the mid-20th century, the land to the south of the
Site had been developed with residential dwellings, and the east, south and west
boundaries of the Site were largely enclosed by residential development by the 1990s.
3.59 The site is located within the Great Barr Conservation Area, adjacent to its eastern
boundary. The conservation area was designated in 1986 and expanded in 1996 (to
include the Site). A Draft Conservation Area Appraisal and Management Plan (CAAMP)
is out for consultation until 11 October 2021 and this provides the first publicly
available assessment of the area since its designation (we have submitted
representations to this consultation separately). The character area within which the
site is located (D), is characterised by open farmland, with low architectural interest
and heavily influenced by its hard suburban edge, particularly along Aldridge Road.
3.60 Indeed the CAAMP identifies that the site comprises part of the largely agricultural land
in the north east of the conservation area and is in a transitional area, adjacent to
areas of suburban development. It is part of the ‘unremarkable’ Sub-Area D2 which is
‘of very little historic interest’ (para 5.129 of the CAAMP). Therefore its contribution to
the conservation area overall is considered to be low and accordingly Section 6 (the
Management Plan) of the CAAMP, proposes to exclude Area D from the Conservation
Area, which we support.

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3.61 There are no listed buildings within the site. However, to the immediate south east of
the site, and adjoining the site boundary, on Doe Bank Lane are two listed buildings.
‘Doe Bank Farmhouse and farm buildings attached’ and ‘Barn adjoining at right angles’
(Nos.1 and 2) on Figure 1.1), are both grade II listed.
3.62 Walsall Council has published a local list of buildings considered by the council as
having local historic and architectural value. There are no buildings currently in or
adjacent to the site identified on the list, however, the Tin Tabernacle or Schoolhouse
on Aldridge Road, is highlighted for possible inclusion on the list in the Draft CAAMP.
3.63 The illustrative masterplan enclosed within the Vision Document (Appendix 1)
identifies how the site is able to appropriately respond and mitigate the impact of the
development of the site through design as well as providing an opportunity to bring the
Tin Tabernacle back into community use as recommended by the Heritage Technical
Note.

Comment

Representation ID: 43941

Received: 11/10/2021

Respondent: IM Land

Agent: Turley Assocs

Policy ENV8 (open space, sport and recreation)
3.64 As expressed throughout these representations, there is a need for policy
requirements to be fully evidence and justified. IM Land therefore support using the
most up to date local open space, sport and recreation standards and these should be
evidenced accordingly by each local authority.
3.65 As identified on the illustrative masterplan and Vision Document for land at Queslett
Road, IM Land has focussed on the delivery of a robust open space strategy which will
provide a network of open, natural spaces throughout the site.