Draft Black Country Plan

Support

Representation ID: 23412

Received: 15/02/2022

Respondent: L&Q Estates

Agent: Barton Willmore

4.3 Draft Policy CSP1 (Development Strategy) provides the overarching spatial strategy for the Black Country, setting out the scale and distribution of new development for the Plan period to 2039. Part 1 of Draft Policy CSP1 seeks to deliver at least 47,837 net new homes and create sustainable mixed communities that are supported by adequate infrastructure. Part 2 of Draft Policy CSP1 identifies that the spatial strategy seeks to deliver this growth and sustainable patterns of development by delivering a limited number of Neighbourhood Growth Areas in highly sustainable locations on the edge of the Urban Area. We are generally supportive of this policy, which seeks to direct growth to the most sustainable locations and to sites which have been assessed as the most suitable by the Black Country Authorities’ housing site selection process and as part of the Sustainability Appraisal.

4.4 The Development Strategy, set out under Draft Policy CSP1, has been developed through a comprehensive assessment of a range of alternative options, as set out in the Spatial Options Paper. The Sustainability Appraisal (SA) also includes an assessment of eleven spatial options identified by the Councils. Each option has been assessed for its likely sustainable impacts.

4.5 The Preferred Spatial Option selected is Option J (Balanced Growth), which focuses growth within both existing residential and employment areas in the sub-region, taking advantage of their existing infrastructure capacity, in addition to a limited number of new growth areas near to the edge of settlements that take account of environmental, climate change, accessibility and socio-economic requirements. Spatial Option J ensures that development within the Green Belt is only located in the most sustainable locations areas with good access to help reduce reliance on private car usage. In addition, this Spatial Option seeks to ensure housing is of a high-quality design, which could potentially include ensuring energy efficient homes are provided. Therefore, this option could potentially have a minor positive impact in regard to climate change mitigation. L&Q Estates support this approach and Spatial Option J being pursued.

Support

Representation ID: 23413

Received: 15/02/2022

Respondent: L&Q Estates

Agent: Barton Willmore

4.8 The strategic approach for the Towns and Neighbourhoods Areas and the Green Belt is set out within Draft Policy CSP3. We are supportive of this policy, in particular Part B (i) which states that the areas outside the Strategic Centres and Core Regeneration Areas will provide 27,068 new homes through a network of new Neighbourhood Growth Areas providing 6,792 homes, in highly sustainable locations on the edge of the Urban Area. As noted above, the part of the Site within Walsall extends to 38.9 hectares and has the potential to deliver 978 new homes in Walsall alongside the provision of a primary school, local services and facilities and open space in a sustainable location.

4.9 Part G of Draft Policy CSP3 advises that a defensible Green Belt will be provided to help promote urban renaissance within the urban area and that provides easy access to the countryside for local residents; with the landscape safeguarded and enhanced where possible for its heritage, recreation, agricultural and nature conservation value. We are supportive of this policy, which aligns with NPPF Paragraph 137 on preventing urban sprawl.

4.12 As part of the justification to Draft Policy CSP3 provided within the Draft Black Country Plan, Paragraph 3.48 emphasises that it is important that the individual sites (as defined in Draft Policy CSP3) in each of the Neighbourhood Growth Areas are masterplanned together, regardless of ownership, owing to the fact that new development will generate the need for new infrastructure. Where appropriate, masterplans may be prepared through a collaborative process involving the landowner/developer(s) and the relevant Black Country Authority. We are supportive of the Neighbourhood Growth Areas being masterplanned together (per allocation)

Support

Representation ID: 23414

Received: 15/02/2022

Respondent: L&Q Estates

Agent: Barton Willmore

4.13 With regard to achieving well-designed places, Draft Policy CSP4 states that the Black Country’s ongoing transformation will be supported by the development of places and buildings providing a range of functions, tenures, facilities, and services, intended to support the needs of diverse local communities. L&Q Estates are supportive of Draft Policy CPS4

Support

Representation ID: 23415

Received: 15/02/2022

Respondent: L&Q Estates

Agent: Barton Willmore

Green Belt

4.16 Paragraph 140 of the NPPF confirms that, once established, Green Belt boundaries should only be altered where exceptional circumstances are fully evidenced and justified, through the preparation or updating of plans.

4.17 The Black Country Authorities consider that, through the preparation of the Black Country Plan, exceptional circumstances have been demonstrated to remove certain areas of land from the Black Country Green Belt to meet housing and employment land needs. The Black Country Urban Capacity Review Update (May 2021) summarises the various sources of housing supply and compares current supply with identified need. The report calculates that the amount of housing need that cannot be accommodated in the Black Country urban areas remains significant, at around 36,819 homes. This is despite reviewing all potential sources of housing capacity, making a series of structured assumptions around density and windfalls, and comprehensively exploring the capacity on occupied employment land in the context of up-to-date employment land evidence. In addition, the Urban Capacity Review also notes the strategic Duty to Cooperate issues, particularly the current and emerging housing shortfall position across the Greater Birmingham and Black Country Housing Market Area. It is also important to note that Paragraph 4.7 of the Urban Capacity Review concludes that “the exceptional circumstances necessary to trigger a Green Belt review in the Black Country, in order to meet housing and employment land needs, have been met”.

4.18 Before concluding that exceptional circumstances exist to justify changes to Green Belt boundaries, the strategic policy making authority should be able to demonstrate that it has examined fully all other reasonable options for meeting its identified need for development, as noted in NPPF Paragraph 141. This will be assessed in terms of whether the strategy:

a. Makes as much use as possible of suitable brownfield sites and underutilised land;
b. Optimises the density of development, including whether policies promote a significant uplift in minimum density standards in town and city centres and other locations well served by public transport; and
c. Has been informed by discussions with neighbouring authorities about whether they could accommodate some of the identified need for development, as demonstrated through the statement of common ground.

4.19 With regard to making as much use as possible of suitable brownfield sites and underutilised land, the Urban Capacity Review identifies (at paragraphs 2.1.7-2.1.9) that the inclusion and assessment of sites within the current SHLAAs has followed Government guidance, best practice, sustainability principles and the spatial strategy of the current Black Country Core Strategy (BCCS). A ‘brownfield first’ principle is applied. The sites identified as deliverable or developable are mainly those with planning permission, allocations on surplus employment land and other sites in the BCCS growth network (including greenfield sites, where appropriate i.e. those with planning permission or considered to be policy compliant). The SHLAAs have been informed via a Black Country ‘call for sites’ carried out in 2017-20 to inform the BCP.

4.20 Therefore, in terms of the sites included within the Black Country SHLAAs, it is considered that the assessments have been comprehensive in their scope and identifying potential sources of supply, including making as much use as possible of suitable brownfield sites and underutilised land. In particular, the Urban Capacity Report (at paragraph 3.1.2) identifies that it has undertaken a review of existing housing allocations, which has resulted in a reduction of housing supply from allocations on currently occupied employment land, as reflected in each of the individual SHLAAs.

4.21 In terms of optimising density, the Urban Capacity Report (at paragraph 3.1.9) refers to the Strategic Growth Study (2018) findings and conclusions, which suggests that the Birmingham and Black Country urban area should seek to apply a minimum 40dph density threshold (net area). This could yield an additional 4,000 dwellings (1,000 dwellings from sites of 200+ dwellings and 3,000 dwellings from small sites below 200 dwellings) in the Black Country (subject to further local testing). The Strategic Growth Study based the findings on a sample of 750 sites across the 14 HMA Local Planning Authorities.

4.22 In 2019, a review was undertaken by the Black Country Authorities to test this conclusion more locally. It identified that from 2009-2019 approximately 86% of sites of 15 dwellings or more have been developed at a density of 35dph and higher. Around 54% have been developed at a density of 35-60dph. The Urban Capacity Report notes that it is not possible to increase densities on sites with planning permission and any increases arising from changes in policy would not take effect until 2024 (anticipated BCP adoption date). An analysis is, however, undertaken of the potential uplift arising from the draft BCP Policy on housing density and accessibility.

4.23 The analysis considers the potential uplift resulting from applying the draft Policy standards to sites of 10 dwellings or more that are unlikely to be the subject of planning permission before 2024. This results in a maximum additional supply of 476 dwellings which is significantly less than the Strategic Growth Study assumption of around 4,000 dwellings. The Urban Capacity Report explains this is due to a more detailed analysis of more up to date site information. The analysis assumes all sites within the 35-45dph density range have a density of 35dph and can uplift to 40dph. The Urban Capacity Report considers that it could be the case that many of these sites are already due to deliver at near 40dph (or above). For example, the Walsall SHLAA 2020-2021 states that it has already applied the emerging minimum 40dph assumption to all sites (bar those considered ‘deliverable’ within the five-year supply). Indeed, some sites within the supply are already significantly exceeding some minimum densities from the BCCS and Strategic Growth Study.

4.24 In terms of the potential to exceed the suggested minimum 40dph, the BCP however needs to take into account the housing mix needs of the area. The Strategic Growth Study (paragraph 6.14) identified that generally it is possible to create developments within densities of 40dph or 50dph which continue to provide for a mix of housing types and sizes, including family housing. The BCCS Policy HOU2 (Table 8) identifies that generally schemes of 35-45dph will constitute 0-25% flatted developments. The Black Country and South Staffordshire Strategic Housing Market Assessment (SHMA, 2017) concluded that given the nature of existing housing stock, the optimum housing mix overall would be 12% 1 bed; 22% 2 bed; 40% 3 bed; and 26% 4 bed properties (to vary by area and tenure). Therefore, given that 66% of the preferred tenure is for 3 bed+ homes, there is limited scope to drive minimum densities further without compromising the housing needs of the community.

4.25 With regard to discussions with neighbouring authorities, the Black Country Plan confirms that it intends to draft and agree Statements of Common Ground with relevant authorities (including South Staffordshire, Lichfield, Cannock and Shropshire) and bodies on key duty to co-operate issues at the BCP’s publication stage. However, the issue of the significant shortfall in planned provision to meet housing requirements within the Black Country and wider HMA has been well-considered, as evidenced by the Greater Birmingham HMA Strategic Growth Study (2018) which was commissioned by the 14 local authorities that comprise the Greater Birmingham and Black Country Housing Market Area.

4.26 Based on the above, it is considered that the Council have fully examined all other reasonable options for meeting the identified need for development outside of the Green Belt in line with Paragraph 141 of the NPPF.

Compensatory Improvements

4.27 Paragraph 142 of the NPPF advises that, where it has been concluded that it is necessary to release Green Belt land for development, plans should give first consideration to land which has been previously developed and/or is well served by public transport. They should also set out ways in which the impact of removing land from the Green Belt can be offset through compensatory improvements to the environmental quality and accessibility of remaining Green Belt land. Similarly, Draft Policy GB1 (The Black Country Green Belt) states that for sites that are removed from the Black Country Green Belt and allocated to meet housing, or other needs through the Plan (as listed in Chapter 13):
a. ‘The design of development will include physical features that define the new green belt boundary in a readily recognisable and permanent way; and
b. Compensatory improvements to the environmental quality, biodiversity and accessibility of remaining green belt land will be secured to offset the impact of removing the land from the green belt, in accordance with national policy.’

4.28 As such, the Draft Black Country Plan provides for compensatory improvements for the loss of Green Belt through those strategic allocations that are being released from the Green Belt. For example, Yieldfields will deliver significant improvements to the quality and accessibility of the existing Green Belt. These improvements will include the creation of a landscape buffer and soft edge/transition along the development edge and the countryside, in addition to retaining and enhancing existing mature tree belts and hedges, responding to the local countryside character to the north. In terms of connectivity, Yieldfields will include a series new pedestrian and cycle routes from the development to existing Public Rights of Way located in the Green Belt, as shown in the Vision Document and Masterplan. Therefore, L&Q Estates are supportive of Draft Policy GB1, and consider that the site is capable of meeting the requirements set out within Part 2 a) and b) of the policy.

Support

Representation ID: 23416

Received: 15/02/2022

Respondent: L&Q Estates

Agent: Barton Willmore

5.2 Draft Policy DEL1 (Infrastructure Provision) of the Draft Black Country Plan emphasises that all new developments should be supported by the necessary on and off-site infrastructure to serve its needs, mitigate its impacts on the environment and the local community and ensure that it is sustainable and contributes to the proper planning of the wider area. Therefore, we are supportive of this policy in principle, owing to its conformity with national planning policy.

5.3 We support the draft Plan’s assertion that allocated sites on the fringe of the urban area, which have been removed from the Green Belt, will be easier and quicker to deliver than sites within the urban area

5.4 In addition, we agree that some allocated sites will need to be supported by a range of new infrastructure, such as schools, shops and improved local transport infrastructure, due to their significant size.

5.5 Part 3 of Draft Policy DEL1 advises that the Black Country Authorities will set out in Development Plan Documents, Infrastructure Delivery Plans, Supplementary Planning Documents, and where appropriate, masterplans:

a. The infrastructure that is to be provided or supported;
b. The prioritisation of and resources for infrastructure provision;
c. The scale and form of obligation or levy to be applied to each type of infrastructure;
d. Guidance for integration with adjoining local authority areas;
e. The procedure for maintenance payments and charges for preparing agreements;
f. The defined circumstances and procedure for negotiation regarding infrastructure provision.

5.6 We strongly support this approach to address infrastructure requirements for proposed urban extensions, such as Yieldfields, and to review the needs of each area based on its size and location.

Support

Representation ID: 23417

Received: 15/02/2022

Respondent: L&Q Estates

Agent: Barton Willmore

5.8 Draft Policy DEL3 (Promotion of Fibre to the Premises and 5G Network) requires all major developments to deliver Fibre to the Premises (FTTP) capacity/infrastructure to all individual properties or alternatively, non-Next Generation Access technologies that can provide speeds in excess of 30MB per second, where FTTP cannot be delivered. Further, any proposals for infrastructure to support the delivery of 5G networks will be supported in principle, subject to meeting the requirements of other local policies and national guidance.

5.9 We are supportive of Draft Policy DEL3, particularly as this aligns with Paragraph 114 of the NPPF, which requires planning policies and decisions to support the expansion of electronic communications networks, including next generation mobile technology (such as 5G) and full fibre broadband connections. However, it is important to note that the promotion of Fibre may not always be practicable or viable in new developments. Criterion (1) is therefore supported insofar it allows for this requirement to be reduced where it can be clearly demonstrated that it is not practical or viable

Support

Representation ID: 23418

Received: 15/02/2022

Respondent: L&Q Estates

Agent: Barton Willmore

6.1 Draft Policy HW1 (Health and Wellbeing) provides a strategic context for how health and wellbeing is influenced by planning. We are supportive of this draft policy, particularly as it aligns with the requirements of NPPF Paragraph 92 as it aims to achieve healthy, inclusive and safe places which promote social interaction, are safe and accessible and enable and support healthy lifestyles to address identified local health and wellbeing needs.

6.2 Part C of Draft Policy HW1 advises that new developments that provide a range of housing types and tenures that meet the needs of all sectors of the population, including for older people and those with disabilities requiring varying degrees of care; extended families; low-income households; and those seeking to self-build, will create an environment that protects and improves the physical, social and mental health and wellbeing of its residents, and reduces health inequalities

Support

Representation ID: 23419

Received: 15/02/2022

Respondent: L&Q Estates

Agent: Barton Willmore

6.7 Draft Policy HW2 sets out the requirements for the provision of health infrastructure to serve the residents of new developments. Part 3 of Draft Policy HW2 emphasises that proposals for major residential developments must be assessed against the capacity of existing healthcare facilities and/or services as set out in local development documents.

6.8 We are supportive of this draft policy as it seeks to deliver appropriate local facilities to support residents and to enhance the sustainability of existing areas

Support

Representation ID: 23420

Received: 15/02/2022

Respondent: L&Q Estates

Agent: Barton Willmore

7.0 SECTION 6 - HOUSING

7.1 Paragraph 66 of the NPPF requires strategic policy-making authorities to establish a housing requirement figure for their whole area, which shows the extent to which their identified housing need can be met over the plan period. Draft Policy HOU1 (Delivering Sustainable Housing Growth) of the draft Black Country Plan states that sufficient land will be provided to deliver at least 47,837 net new homes over the period 2020-2039. The majority of the requirement will be met through sites with existing planning permission and sites allocated for housing by this Plan and other local plan documents. We are supportive of this draft policy which aligns with the aims of NPPF Paragraph 66.

7.2 It should be noted that Barton Willmore LLP has prepared a critical review of the Black Country Urban Capacity Review Update (May 2021) on behalf of a Consortium of housebuilders, land promoters and developers (including L&Q Estates). This review, which is being submitted separately in response to the draft Black Country Plan Regulation 18 Consultation, includes a detailed response on the Housing Requirement for the Black Country.

7.3 The Urban Capacity Review Update (May 2021) identifies a combined housing need for the Black Country Authorities of 4,004 homes per annum which equates to 76,076 homes over the period 2020-39. This is based upon the current standard methodology for calculating housing need (using the 2020-2030 household projections, new 2020 affordability ratios published in 2021, and reflects the 35% uplift to Wolverhampton’s local housing need figure introduced by changes to the standard method in December 2020). The Urban Capacity Review Update notes that this figure is subject to change, for instance when the Draft Black Country Plan reaches its Regulation 19 Publication (Pre-submission) stage in mid-2022 the figure will reflect any changes to the inputs (such as household projections and affordability ratios) and it will cover the period 2021-2039, as the standard methodology only applies to future years.

7.4 It is important to emphasise that the Planning Practice Guidance is clear in its approach that the “standard method for assessing local housing need provides a minimum starting point in determining the number of homes needed in an area” (Paragraph 010; Reference ID: 2a-010-20190220). The Draft Black Country Plan should therefore reflect that the proposed ‘Housing Need’ figure is only a starting point and additional housing may be required to facilitate economic growth or the delivery of affordable housing.

7.5 For example, an appeal decision for up to 800 dwellings at the Former North Worcestershire Golf Club highlighted the chronic shortfall in affordable housing which has come forward within Birmingham City since 2011 (Appeal Ref: APP/P4605/W/18/3192918) – a decision which was ‘called-in’ by the Secretary of State. Paragraph 14.108 of the Inspector’s Report states that only 2,757 new affordable homes were provided in the City over the first 6 years of the Plan period. This represents less than half of the target provision and a net increase of only 151 affordable homes if Right to Buy sales are taken into account. The Inspector goes on to state that given the heavy reliance in the five-year housing land supply on City Centre apartment schemes, it is difficult to see how that trend can be reversed in the short to medium term (paragraph 14.109).

7.6 Whilst it is noted that Birmingham City Council does not form one of the Black Country Authorities, it highlights the recent difficulties with delivering homes on brownfield sites. The high proportion of flatted developments, coupled with the increased likelihood of viability issues, has led to a chronic shortfall in the provision of affordable homes. Should the Black County Authorities follow a similar approach, it may therefore be necessary to increase the Housing Requirement, in accordance with national guidance, to improve affordability.

7.7 The latest Black Country Housing Market Assessment (dated March 2021) advises that the total annual affordable housing need in the Black Country represents 21.6% (867 per year) of the annual dwelling growth in the housing market area. The Housing Market Assessment considers it would be reasonable to expect this proportion of new housing as affordable to be delivered on a large housing site in the Black Country, where a figure of 25% would be plausible (subject to viability). The Assessment concludes by suggesting that Councils can be confident that the affordable housing need identified in the model will be addressed by the dwelling growth identified by the Standard Method and no adjustment is required to this figure. However, as noted above, flatted developments and an increased likelihood of viability issues on brownfield sites could mean that meeting the total annual affordable housing need in the Black Country would be much more challenging than predicted within the Black Country Housing Market Assessment.

7.8 In light of the above, it is considered that any shortfall in housing supply should be regarded as a minimum given that it is currently calculated against an untested housing target that may require an upward adjustment to take account of affordability. Therefore, we support Draft Policy HOU1 in principle, particularly the reference to delivering ‘at least’ 47,837 net new homes, given this could facilitate that increased housing number is feasible through good design.

Support

Representation ID: 23421

Received: 15/02/2022

Respondent: L&Q Estates

Agent: Barton Willmore

7.9 Draft Policy HOU2 (Housing Density, Type and Accessibility) seeks to assess the accessibility of all housing developments to a range of residential services by walking, cycling or public transport to determine housing densities. Whilst we are supportive of this approach, the policy states that all major developments should achieve a minimum net density of 40 dwellings per hectare (dph) where accessibility standards for moderate density housing are met. However, Part 5 of Draft Policy HOU2 states:

‘Chapter 13 provides details of the appropriate density and, where appropriate, house type mix, to be sought on each housing allocation site, in accordance with the requirements set out in this policy. Further details of design requirements for housing developments may be set out in Supplementary Planning Documents.’

7.10 Draft Policy WSA4 (Yieldfields Farm) within Chapter 13 identifies that the Site should deliver a density of at least 35 dph, which is lower that the density requirements set out within Draft Policy HOU2, which requires higher densities of at least 40 dph. We consider that only Part 5 of the Draft Policy HOU2, and thus the requirements set out within Chapter 13 of the Plan, applies to Yieldfields. However, we do consider that an average density of 40 dph is achievable on the Site and Masterplan 1 contained in the Vision Document is based on this density. This ensures that Masterplan 1 can deliver 978 homes, in accordance with Draft Policy WSA4. Due to site constraints, it is considered that the net developable area of Masterplan 1 is 24.7 hectares and if this was delivered at a net density of 35 dph, it would result in 864 homes being delivered