Draft Black Country Plan

Object

Representation ID: 43850

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

1.0 INTRODUCTION
1.1 This Representation has been prepared by Pegasus Group on behalf of Taylor Wimpey UK Ltd (hereafter referred to as 'Taylor Wimpey') to respond to the Draft Black Country Plan 2039 (Regulation 18) Consultation (hereafter referred to as 'the Plan') and accompanying published evidence.
1.2 This representation relates to Land North of Grassy Lane (Site Ref: WOH263), which is allocated for approximately 80 dwellings within the Plan as part of the wider Fallings Park Strategic Allocation (Policy CSA2) (see Site Location Plan at Appendix 1 to this Representation).
1.3 Land North of Grassy Lane forms part of a wider land holding known as Land at Linthouse Lane, which Taylor Wimpey is promoting for a residential-led development through both the Black Country Core Strategy Review and the South Staffordshire Local Plan Review (see Promotional Document at Appendix 2).
1.4 This representation is prepared in the context of national planning policy which requires local plans to be legally compliant and sound. The tests of soundness are set out in the National Planning Policy Framework ('NPPF') at paragraph 35. For a development plan to be considered sound it must be:
· Positively prepared – providing a strategy which, as a minimum, seeks to meet objectively assessed needs, and is informed by agreement with other authorities, so that unmet need from neighbouring areas is accommodated where it is practicable to do so and is consistent with achieving sustainable development;
· Justified – an appropriate strategy taking into account the reasonable alternatives, and based on proportionate evidence;
· Effective – deliverable over the plan period and based on effective joint working on cross boundary strategic matters that have been dealt with rather than deferred, as evidenced by the Statement of Common Ground; and
· Consistent with National Policy – enabling the delivery of sustainable development in accordance with the policies in the Framework and other statements of national planning policy, where relevant.
1.3 This representation also considers the legal and procedural requirements
associated with the plan making process.

2.0 THE SITE
2.1 Taylor Wimpey is in control of land referred to as Land North of Grassy Lane (Site Ref: WOH263), which is allocated for approximately 80 dwellings within the Plan as part of the wider Fallings Park Strategic Allocation (Policy CSA2).
2.2 Land North of Grassy Lane forms part of a wider land holding known as Land at Linthouse Lane, which Taylor Wimpey is promoting for a residential-led development through both the Black Country Core Strategy Review and the South Staffordshire Local Plan Review (see Location Plan at Appendix 1).
2.3 A Promotional Document is included at Appendix 2 to this Representation which provides information relating to Green Belt, landscape and visual impact, ecology, transport, flood risk and drainage, and agricultural land quality. In addition, a development brief has been prepared which sets out how the proposal could deliver a strategic housing allocation in a fundamentally sustainable fashion and can readily integrate itself with the surrounding urban edge of Wolverhampton.

13.0 SUB-AREAS AND SITE ALLOCATIONS – WOLVERHAMPTON
13.1 Chapter 13 of the Plan concerns Sub-Areas and Site Allocations and is split into four parts concerning Dudley, Sandwell, Walsall and the City of Wolverhampton. This Representation concerns the City of Wolverhampton sub¬area and the Fallings Park Neighbourhood Growth Area.
13.2 Taylor Wimpey supports the recognition in the introductory paragraphs (D1-D5) that Wolverhampton plays a significant role in contributing towards the employment and the Black Country economy. However, it is submitted that the paragraphs should also recognise the role the City plays in terms of housing. In particular, it is paramount to recognise that the City is one of the 20 local authorities which are subject to a 35% 'uplift' under the Government's Standard Method for calculating housing need.
13.3 This should also be reflected within the vision presented at paragraph D6, which begins by confirming the aspiration for the City is to be "a place where people come from far and wide to work, shop, study and enjoy...". This opening statement should include being a place where people want to 'live'.
13.4 Policy CSA 2 concerns the Fallings Park Strategic Allocation and is preceded by a map on page 624 which illustrates how the strategic allocation is comprised of four individual allocations (refs: WOH263, WOH264, WOH262 and WOH271). Whilst this map is useful in clarifying the composition of the allocation, it is not understood why the lines which delineate the individual allocations overlap one another in places (WOH262 and WOH263), and fall slightly short of the full extent of the strategic allocation in others (north of WOH263). There is also a small area of the strategic allocation along the western edge of WOH271 which does not appear to be covered by any individual allocation. It is not understood whether these are drawing errors or whether clarity is required regarding the actual extent of the four individual allocations.
13.5 Paragraph D47 confirms that the individual allocations are collectively anticipated to deliver approximately 303 homes at an average density of 40dph (excluding WOH271). This includes 1 hectare of central public open space to be delivered on allocation WOH262. This is supported by Taylor Wimpey, although the Plan should be clear that the density referred to is a net, rather than gross, figure.
13.6 However, paragraph D51 goes on to confirm that "...a masterplan will be prepared to guide the comprehensive development of the Fallings Park Strategic Allocation". Paragraph D55 also states that details of major highways improvements along Cannock Road and Wood Hayes Road are likely to be required and will be detailed within the masterplan.
13.7 The principle of an allocation-wide masterplan is not disputed by Taylor Wimpey. However, the Plan is not clear as to the format or timescales of such a masterplan. The current wording implies that this will be in the form of a supplementary planning document to be produced following the adoption of the Plan. This would not be supported by Taylor Wimpey. Any masterplan should be produced now and should be integral to the Plan. Furthermore, any masterplan should consider how allocations in neighbouring South Staffordshire (specifically Policy SA3 – Strategic development allocation: Land North of Linthouse Lane) influence and interact with the allocation within the Black Country Plan. It is suggested that a significant amount of this masterplanning work has already been undertaken by Taylor Wimpey (see Promotional Document at Appendix 2 to this Representation).
13.8 Paragraph D56 stipulates that mitigation for the loss of Green Belt at the Strategic Allocation will be provided through improvements to the significant areas of recreational open space located in the nearby Bushbury Hill area, which are owned and managed by City of Wolverhampton Council. Paragraph 61 also confirms that these areas could also be utilised as part of securing 10% biodiversity net gain for the allocations. An off-site approach is supported by Taylor Wimpey and the suggested location is broadly considered to represent a logical approach to both Green Belt and biodiversity mitigation.
13.9 However, Paragraph D57 goes on to require all Green Belt loss mitigation works and any necessary transfer of land ownership to be completed before 'substantial completion' of development at the Strategic Allocation. This is not supported by Taylor Wimpey, as it may unnecessarily delay the delivery of much needed housing through the allocation, should unforeseen delays arise that are beyond the control of either the applicants or the Council.
13.10 Notwithstanding this, there is also no clarity as to what constitutes 'substantial completion' of the development. It is submitted that it is not necessary for the mitigation to be in place prior to the completion of the development, as long as any necessary contributions towards that mitigation have been secured.
13.11 Lastly, it is submitted that, given the interrelationship between the Black Country allocation and the neighbouring strategic allocation in South Staffordshire District (Land North of Linthouse Lane), the land within South Staffordshire also represents a significant opportunity for providing biodiversity net gains. As illustrated within the Promotional Document at Appendix 2 to this Representation, a significant portion of Land North of Linthouse Lane is to be delivered as a country park and therefore provides a significant opportunity for biodiversity net gain. As such, a collaborative approach is considered to be most appropriate regarding biodiversity in this location.

14.0 DELIVERY, MONITORING AND IMPLEMENTATION
14.1 This section of the Plan merely sets out the Black Country Authority's commitment to monitoring the implementation of the plan and to ensure it is delivered successfully, efficiently and working in partnership with stakeholders. It sets out that the purpose of the monitoring indicators identified in the PLAN is to assess the performance of the plan in delivering the spatial vision, identify the need to amend the policies and to demonstrate that the plan is deliverable. It also indicates that the Plan is prepared to be flexible over the plan period and adjust where changes arising. The one obvious omission in considering these factors is how the plan will relate to the shortfall in housing supply over the plan period which amounts to some 28,000 dwellings. Other plans including the currently adopted Birmingham Development Plan, had provisions within it to deal with occurrences where the shortfall was not being addressed. The Plan does not include this and therefore requires further consideration by the relevant authorities.

15.0 LAND NORTH OF GRASSY LANE, FALLINGS PARK (WOH263)
15.1 Taylor Wimpey is in control of land collectively known as Land North of Linthouse Lane, Wolverhampton, as shown on the Site Location Plan included at Appendix 1 to this Representation. This includes land located within both the City of Wolverhampton and South Staffordshire District.
15.2 The land which falls within the City of Wolverhampton is identified within the Plan as Land North of Grassy Lane, Fallings Park (site ref: WOH263). This site is identified as comprising 2.7 hectares of land and as being capable of accommodating 80 dwellings (at 40 dwellings per hectare, net), following its removal from the Green Belt. Taylor Wimpey supports this allocation.
15.3 Pegasus Group has prepared an Illustrative Development Framework Plan on behalf of Taylor Wimpey which shows how site WOH263 might come forward for development (see page 45 of the submitted Promotional Document). The Illustrative Plan also shows how site WOH263 might interact with neighbouring allocations WOH262, WOH264 and WOH271, although it should be made clear that Taylor Wimpey does not control these other allocation parcels.
15.4 The Framework Plan illustrates how the Fallings Park allocation will be accessed from Cannock Road (A460) to the west, with a network of secondary and tertiary streets connecting the four development parcels. The allocation includes a centralised area of open space within parcel WOH262, as required by the Black Country Plan.
15.5 The Framework Plan also illustrates how the Fallings Park Allocation has the potential to link into further land within South Staffordshire District to the north, controlled by Taylor Wimpey.
15.6 Pegasus Group and Taylor Wimpey will continue to refine proposals for the site going forward, in conjunction with the neighbouring landowners and promotors. less

Object

Representation ID: 43851

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

3.0 VISION AND SPATIAL STRATEGY
3.1 The Plan identifies key strategic challenges in paragraph 1.43. These include the following:
· Providing good quality housing that meets the need of a growing population – the plan needs to identify sufficient land for housing to meet the needs of people who likely to live in the area for the period of the plan;
· Supporting a resurgent economy, which provides access to employment and opportunities for investment – the plan should provide for a range of employment sites capable of meeting a wide variety of investment needs; and
· Reviewing the role and extent of the Green Belt – evidence suggests there will be significant housing and employment needs and a deficit in the brownfield land supply within the Black Country, which has resulted in the need for an assessment of the Green Belt to help identify potential areas for growth.
3.2 Taylor Wimpey supports the recognition of the need to provide good quality housing and the need to provide sufficient housing land. Taylor Wimpey also supports the apparent recognition that the Plan should meet the needs of not only those who currently live in the Black Country Area, but also of those who wish to reside within the area during the course of the Plan period.
3.3 There is recognition elsewhere within the Plan that there is insufficient brownfield land to accommodate housing needs and therefore Green Belt land will be required to be released to meet this need, both within the Black Country area and also within South Staffordshire District. However, this is not referenced within the Spatial Strategy. This would ensure that the overall approach to Green Belt release is enshrined within the Plan and ensure a consistent theme is established throughout.
3.4 Providing a range of sites in former Green Belt locations will deliver a greater variety in housing, compared to relying solely upon the redevelopment of brownfield land, which is unlikely to satisfy the wider needs of Black Country communities, particularly for aspirational housing.
3.5 The above also is consistent with the overarching vision for the Black Country to deliver a prosperous, stronger and sustainable Black County. It also reflects Strategic Priority 3 which seeks to provide a range and choice of accommodation, house types and tenures for new housing and Strategic Priority 4 which aims to improve and diversify the Black Country housing offer.
3.6 The release of Green Belt land also fundamentally underpins key sustainability objectives of minimising travel and providing new homes in locations which have access to a range of facilities and employment opportunities. By providing a broad range of new housing sites, which is not just focused on the redevelopment of previously developed industrial land, will assist in ensuring that all current residents can find accommodation to meet their needs within the Black Country, rather than residents looking to relocate further afield, leading to increased commuting.

Object

Representation ID: 43852

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

4.1 Policy CSP1 identifies that the Plan will deliver at least 47,837 new homes creating sustainable mixed communities that are supported by adequate infrastructure. The policy sets out this will be delivered through the following method:
· Delivery of the majority of development in the existing urban area;
· Supporting and enhancing the sustainability of existing communities through focusing of growth and regeneration into the Growth Network made up of Strategic Centres and Core Regeneration Areas;
· Protecting and enhancing the quality of existing towns and neighbourhood areas and rebalancing the housing stock by delivering homes supported by jobs and local services;
· Delivering a limited number of Neighbourhood Growth Areas in highly sustainable locations on the edge of the urban area;
· Protecting the openness, integrity and function of the Black Country's designated and retained Green Belt by resisting inappropriate development;
· Protecting the Black Country's character and environmental assets including heritage assets, natural habitats and open spaces; and
· Minimising and mitigating the likely effects of climate change.
4.2 However, despite the above, the Plan identifies that there remains a substantial shortfall in both housing provision and employment land provision (a shortfall
of 28,239 homes and 210 ha. of employment land) which cannot be met through the Plan and is to be exported to neighbouring LPAs through the Duty to Co-operate. The supporting text within the Plan indicates that the current position regarding the Duty to Co-operate is set out in the draft Statement of Consultation and "will be elaborated on in more detail in Statements of Common Ground at Publication stage".
4.3 This is not supported by Taylor Wimpey, as it is considered that this information should be known now and therefore made publicly available. It remains there is no indication within the Plan how this shortfall will be addressed or what measures would be introduced should the Duty to Cooperate not deliver the housing and employment requirements (or indeed should the Duty be removed as suggested within the Planning for the Future white paper).
4.4 Whilst Policy CSP1 also makes reference to delivering growth in the Strategic Centres and Core Regeneration Area, it does not make reference to the Strategic Development Allocations. As implied by their title, these Allocations are fundamental to delivering the overall Development Strategy and should duly be referenced within Policy CSP1, including clearly defining their role.
4.5 It is also considered appropriate that when considering the provision of new homes, the need to provide a broad range in the type and location of housing sites, is a fundamental to element in creating a balanced housing market that will assist in meeting the Black Country's local housing needs.
4.6 The above issues are linked back to the Plan's own evidence base. The Housing Market Assessment evidence (March 2021) is clear that commuting to Shropshire, Cannock Chase and Telford and Wrekin have become increasingly common destinations for those residents leaving the Black Country. This evidence demonstrates that out-migration to more distant rural authorities is increasing, and this is likely to increase journey to work distances. It is notable that these locations are generally more rural in character than the Black Country. It is likely that if this trend is to be reduced it would necessitate new housing sites being brought forward which can prove attractive to those residents desiring a more rural aspect. This underpins the need to provide for a range of housing locations including those on the edge of the conurbation, involving Green Belt release, which could potentially encourage those residents otherwise considering relocating to Telford and Wrekin and Shropshire to remain.
4.7 Taylor Wimpey nevertheless supports the general approach set out in Policy CSP1. In particular, the approach to providing Neighbourhood Growth Areas ('NGAs') is supported in that this will assist in delivering the broader range of housing sites necessary to provide choice. However, it is suggested that this key element of this spatial strategy should be given greater emphasis and explanation within CSP1, especially its key role in increasing choice/ flexibility and delivering sustainable mixed communities.

Object

Representation ID: 43853

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

4.8 Policy CSP2 sets out the growth network and identifies this as comprising the Strategic Centres and Core Regeneration Areas. This approach is not considered consistent with the Vision and Spatial Strategy set out previously nor with the strategy in CSP1. In particular, the Neighbourhood Growth Areas, which are a fundamental part of the overall Spatial Strategy, are not mentioned in Policy CSP2 or referred to as forming part of the overall growth network. This is an inconsistency, and the Neighbourhood Growth Areas should be given equal importance to the Strategic Centres and Core Regeneration Areas currently mentioned in CSP2. Failure to do so means the Strategy falls back on a polarised approach towards meeting development needs targeted predominantly on existing brownfield sites within the urban area. A more balanced approach is needed, in accordance with the vision identified for the Black County and overarching spatial strategy defined in CSP1. This is particularly significant bearing in mind that the Plan identifies a shortfall in the provision of both housing and employment land.
4.9 Furthermore, the justification for the approach set out in CSP2, focusing growth solely in the Strategic Centres and Core Regeneration Areas, refers to supporting balanced growth taking account of environmental, climate change, accessibility and social requirements. In fact, the approach merely focuses development options on areas of the Black Country which require regeneration rather than taking a more balanced and holistic approach to delivering the most sustainable and deliverable solutions, which would also involve Green Belt release to broaden choice in housing and employment development options. The narrow focus set out in CSP2 also conflicts to an extent with paragraph 3.15 which acknowledges that Green Belt status should not be the sole criteria in assessing the suitability of a site’s ability to deliver sustainable development
4.10 The justification of CSP2 refers to the Core Regeneration Areas particularly reflecting the large parcels of employment land found in the Black Country and the opportunity it has to release poor quality and underused land for housing. The justification to CSP2 actually highlights the failings of such a narrow approach, in that it would only deliver housing on 'poor quality and underused land' which will not deliver a range of housing opportunity sites nor reflect the need to provide choice in both types of accommodation but also location.

Object

Representation ID: 43854

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

4.11 Policy CSP3 subsequently deals with the Towns and Neighbourhood Growth Areas and the Green Belt. As set out above, the Neighbourhood Growth Areas in particular, along with the appropriateness of Green Belt release to deliver them, should be given equal status with the development priorities set out in CSP2. This would both support the Spatial Strategy of the Plan but also make clear that it is a fundamental element of the sustainable approach to meeting housing and employment needs.
4.12 Amongst other things, Policy CSP3 refers to providing 'strong and seamless' links to regenerated areas in the Core Regeneration Areas and Strategic Centres. Whilst it is appreciated this is a high level strategic policy, it is difficult to envisage how these linkages could be delivered in practical terms, given the geographical distances separating these areas.
4.13 In addition, Policy CSP3 ought to refer to the sustainable advantages resulting from the new Neighbourhood Growth Areas providing choice in the housing market. This is particularly important given the continued reliance on brownfield land as is set out in the current Development Plan. Reference to the need to widen the identification of sites, to not just rely solely on previously developed employment land, is an important facet of the Local Plan strategy and should be reflected in any policy relating to Neighbourhood Growth Areas and the release of Green Belt land.
4.14 Policy CSP3 and its supporting text should also provide greater justification for the benefits of bringing forward Green Belt release, which is based not only on evidence supporting specific release of the sites identified, but also by widening the availability of housing land in differing locations to that traditionally being promoted in the Black Country. Similarly, the supporting justification for Policy CSP3 refers to the benefits of delivering a constant supply of new housing development. This again points to the need to have a range of sites in differing locations, some of which are not reliant on remediating poor quality and degraded brownfield land.

Object

Representation ID: 43855

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

4.15 Policy CSP4 relates to delivering well designed places. Taylor Wimpey supports the intent of this policy to deliver well designed places, and in particular
enhance the attributes of the Black Country's character and heritage.
4.16 In terms of specific points in the policy, reference is made in criterion 2 to the use of carbon-based products being minimised. Whilst the intention of this statement is understood, it should be re-worded as it would otherwise restrict the use of products such as renewably sourced timber and other similar materials. In addition, reference is made in criterion 5 to the urban environment being designed in a way to encourage people to act in a ‘civil and responsible manner’. Again, it is difficult to perceive how a development proposal will deliver these specific requirements 'on the ground'.

Object

Representation ID: 43856

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

4.17 Policy GB1 refers to the Black Country Green Belt. Criterion 2 refers to sites that are removed from the Black Country Green Belt and allocated towards meeting employment, residential and other needs. It states that the design of developments on such sites will include physical features that define the new Green Belt boundary in a readily recognisable and permanent way.
4.18 Whilst the principle of this is understood, the Policy should also refer to the reinforcement of existing boundaries as some sites are likely to already have existing clearly defined boundaries where the provision of new boundaries would be inappropriate.
4.19 This current wording also does not consider sites which are to be released from the Green Belt in neighbouring authority areas, such as South Staffordshire. In such scenarios, there would be no need to provide a Green Belt buffer within the Black Country as there would be developed land beyond this buffer in the neighbouring authority area.

Object

Representation ID: 43857

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

5.0 INFRASTRUCTURE AND DELIVERY
Delivery Constraints
5.1 The supporting text to the chapter on Infrastructure and Delivery highlights that the Plan adopts a 'brownfield first' approach to development. It also identifies that this approach is significantly constrained as a consequence of the Black Country's mining and industrial past and that intervention is likely to be necessary if these constraints are to be overcome. This clearly highlights the difficulty with developing brownfield land in the Black Country and in particular the inappropriateness of highlighting this as the top priority, rather than promoting a broader approach to delivering development. It also undermines a key part of the Plan which is to maintain a steady supply of housing land, as to do this will require a broader approach to the allocation of land than prioritising previously land, which the Plan already recognises is highly constrained.
5.2 Paragraph 4.7 refers to mineral resources and the benefit this may accrue if it is viable to extract them as part of a remediation scheme. The promotion of mineral extraction raises a number of issues which go beyond merely assisting in the remediation of despoiled/degraded industrial land. In itself mineral extraction can have significant adverse impacts on the amenity of neighbouring properties. As set out elsewhere in this Representation, it is important that the Plan has regard to this.
Transport and Access to Residential Services
5.3 Paragraph 4.10 recognises that most new housing development in the urban area will enjoy good accessibility, including access to sustainable modes of transport, centres of employment, schools, shops and other residential services. It goes on to suggest that new development on sites removed from the Green Belt will require careful consideration in terms of sustainability and that transport improvements may be required on and off site. This phrasing is questionable bearing in mind that the Strategic Allocations identified as NGAs are located immediately adjacent to the urban edge of the conurbation and therefore benefit from proximity to many of the services and facilities that the existing residential areas already have access to. In addition, whilst the land identified as NGAs may necessitate transport improvements to offset the impact of the development proposals, it does not follow that they are necessarily unsustainable from a transport perspective as is suggested in paragraph 4.10.
Planning Obligations
5.4 Paragraph 4.21 refers to the financial viability that has impacted on the extent of planning obligations that can be secured in the Black Country. It states that greenfield sites and most brownfield sites will be able to sustain the full range of planning obligations required, as evidenced by the Viability and Delivery Study. However, this is clearly dependent on the sites' specific obligations that can come forward relative to each particular proposal. Should an individual allocation be identified as having a particular impact requiring mitigation, such as a significant upgrade to a major road junction, this will inhibit the ability to sustain the full range of planning obligations.

Object

Representation ID: 43858

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

5.5 Policy DEL1 (Infrastructure Provision) sets out that new developments should be supported by the necessary on and off site infrastructure to serve its needs and mitigate its impact. The policy goes to state that development will only be permitted if all necessary infrastructure is provided. Paragraph 57 of the NPPF makes clear the tests which must be met to deliver lawful planning obligations. Policy DEL1 should be revised to identify these key tests set out in national policy to ensure all obligations required by DEL1 are properly justified.
5.6 Similarly, Criterions 4 and 5 refer to viability assessments. These should also reflect paragraph 58 of NPPF which sets out national policy in regard to these matters and that particular circumstances can justify the need for a viability assessment at the application stage.

Object

Representation ID: 43859

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

5.7 Policy DEL3 refers to Fibre to the Premises (FTTP) and requires that that all
major developments should deliver FTTP. All eligible proposals should be also supported by a FTTP Statement and confirms that FTTP will be available at first occupation. As the delivery of such facilities lies outside of the immediate control of the developer, this is not a suitable requirement for a development plan policy. It is reliant on the provider delivering the infrastructure and whilst the planning system can facilitate its delivery it cannot ultimately ensure it is provided. The policy needs amendment to reflect this.