Part One: Spatial Strategy and Policies (Regulation 18)

Ended on the 22 December 2023

Strategic Employment Areas

9.22 This policy provides for a sufficient stock of high-quality Strategic Employment Land suitable for a growing and diversified economy.

(2) Policy DLP19 Strategic Employment Areas

Strategic Employment Areas are identified on the Policies Map, and are characterised by excellent accessibility, high-quality environments, and clusters of high technology growth sector businesses.  
These areas will be safeguarded for manufacturing and logistics uses within Use Classes E(g)(ii), E(g)(iii)), B2 and B8.
Within Strategic Employment Areas, high-quality development or redevelopment of sites and premises will be required, and proposed development that prejudices or dilutes the delivery of appropriate employment activity, or deters investment in such uses, will be refused. 
Some ancillary employment-generating non-Class E(g)(ii), E(g)(iii)), and Class B2 and B8 uses, such as childcare facilities and small-scale food and drink outlets of less than 280 m², may also be permitted in Strategic Employment Areas, where they can be shown to strongly support, maintain or enhance the business and employment function of the area and meet sequential and other national or local policy tests as necessary.

Justification

9.23 Strategic Employment Areas (SEAs) are high-quality employment areas that are considered essential to the long-term success of the Dudley's economy. They correspond to areas of the strongest occupier and market demand and are of high environmental quality with good links to the Strategic Highway Network and should be protected from non-employment uses that could impact upon their viability as employment locations. These areas contain, or have the potential to attract, those knowledge-based growth sector businesses whose success will be critical to the delivery of Dudley's economic ambitions.

9.24 Policy DLP19 is based on the approach set out in the 2011 Black Country Core Strategy, which distinguished between Strategic High-Quality Employment Areas and Local Employment Areas. The Strategic Employment Areas in the DLP are the equivalent of the (existing and potential) Strategic High-Quality Employment Areas in the Core Strategy. The EDNA recommended that the approach set out in the Core Strategy has served the Black Country well and subject to some refinement, should be carried forward into the BCA's development plans, such as the DLP.

9.25 The characteristics and extent of the Strategic Employment Areas reflect the findings of the Black Country Employment Area Review (BEAR). The BEAR re-examined the totality of the Black Country's employment areas against a set of criteria based on those set out in the Core Strategy and the recommendations of the EDNA.

9.26 The key characteristics of Strategic Employment Areas are as follows:

To be highly accessible to the Strategic Highway Network, preferably well located in relation to the motorway network, to provide good accessibility to international, national, and regional markets and supply chains.
To have good public transport accessibility.
To maintain a critical mass of active industrial and logistics sites and premises that are well suited to the needs of modern industry.
To maintain an existing (or develop a potential) high-quality environment, including suitable landscaping and greenspace and an attractive and functional built environment.
To be attractive to national and / or international investment.

9.27 The majority of the Strategic Employment Areas, as designated on the Policies Map, satisfy all these characteristics or are considered capable of acquiring them. The BEAR has found that it is not always necessary for an area to display all these characteristics to attract high-quality development. For example, the Pensnett Trading Estate, where the market has delivered high-quality investment, despite the area being some distance from the motorway network.

9.28 The Plan seeks to safeguard land and premises within Strategic Employment Areas for industrial and logistics activity and supports proposals that involve the improvement and renewal of land and premises within them. However, some small-scale ancillary uses will be supported in Strategic Employment Areas where this meets the day-to-day needs of employees of businesses within the Strategic Employment Areas. While Policy DLP19 considers development for uses that are not within an industrial employment use class, these will only be supported in exceptional circumstances as it is the Council's intention to safeguard Strategic Employment Areas from non-manufacturing / logistics uses.

Local Employment Areas

9.29 In order to achieve the appropriate balance and underpin the local economy, it is essential to make provision for those types of industrial, logistics and commercial activities that do not need to be situated in Strategic Employment Areas and are not appropriate for town centres or residential locations.

Policy DLP20 Local Employment Areas

Local Employment Areas are identified on the Policies Map, and are characterised by a critical mass of industrial, warehousing and service activity with good access to local markets and employees. 
These areas will have a particular focus on providing for the needs of locally based investment and will be safeguarded for the following uses: 
1. industry and warehousing - Classes E(g)(ii), E(g)(iii)), B2 and B8. 
2. motor trade activities including car showrooms and vehicle repair and testing premises. 
3. haulage and transfer depots. 
4. wholesale trade and builders' merchants. 
5. scrap metal, timber and construction premises. 
6. waste collection, transfer and recycling uses. 
Some ancillary employment-generating non-Class E(g)(ii), E(g)(iii)), and Class B2 and B8 uses, such as childcare facilities and small-scale food and drink outlets of less than 280 m², may also be permitted in Local Employment Areas, where they can be shown to strongly support, maintain or enhance the business and employment function of the area, and meet sequential and other national or local policy tests as necessary.

 Justification

9.30 Local Employment Areas (LEAs) are particularly prevalent in Dudley, and the wider Black Country and play an important role in the local economy. They offer a valuable source of mainly low-cost industrial units that are vital in providing local jobs and a balanced portfolio of sites of different sizes and quality.

9.31 Policy DLP20 is based on the approach set out in the 2011 Black Country Core Strategy, which distinguished between Strategic High-Quality Employment Areas and Local Quality Employment Areas. The LEAs in the Dudley Local Plan are the equivalent of the Local Quality Employment Areas in the Core Strategy. The EDNA recommended that the approach set out in the Core Strategy has served Dudley Borough, and the Black Country overall well and, subject to some refinement, should be continued. This has informed the policy approach of the DLP.

9.32 The characteristics and extent of the LEAs reflects the findings of the BEAR. The BEAR re-examined all of Dudley's (and the wider Black Country's) employment areas against a set of criteria based on those in the Core Strategy and with regard to the recommendations of the EDNA.

9.33 The key characteristics of LEAs are:

a critical mass of active industrial and service uses and premises that are fit for purpose.
good access to local markets, suppliers, and employees.
the existing or potential use and / or the traffic generated by the use does not have an unacceptable impact on the amenity of surrounding land uses or on the highway network.
good public transport accessibility.

9.34 LEAs are designated on the Policies Map. The Plan seeks to safeguard these areas as locations for industrial and logistics activity and uses that share the characteristics of Class E(g)(ii), E(g)(iii)) and B2 and B8 uses, which are typically located within industrial areas.

9.35 The Plan also supports proposals that involve the improvement and renewal of land and premises within them, particularly where this involves older outdated industrial premises that are no longer fit for purpose. This process of redevelopment, intensification and enhancement of existing LEAs provides an opportunity to meet future growth needs.

9.36 LEAs are often vulnerable to pressure for redevelopment to other uses such as housing. However, the loss of too much local employment land will compromise the successful delivery of the Plan's employment strategy. It would inhibit economic development, endanger the viability of businesses, and affect the balance of jobs and workers. This would mean that workers located at companies in LEAs who are displaced by new, alternative forms of development, would have to travel increased distances to work and the viability and sustainability of firms would be put at risk. These areas will therefore be primarily safeguarded from non-employment uses.

9.37 Sites within LEAs may also be appropriate for uses that serve the needs of businesses and employees working in the area. Such uses include food and drink or childcare facilities. Such uses should be of a scale, nature, and location to serve the needs of the employment area, where existing facilities are inadequate and where such needs cannot be met in adjacent centres of the Borough.

Other Employment Areas

9.38 It is recognised that there are a number of established employment areas across Dudley Borough that are not of the quality of Strategic or Local Employment Areas. Sites and premises within these areas may be suitable for redevelopment for a continued employment use, or to alternative uses such as housing. This policy provides a flexible policy framework to guide development proposals in these areas.

(6) Policy DLP21 Other Employment Areas

For employment areas that are not designated as either Strategic Employment Areas or Local Employment Areas on the Policies Map, but which comprise existing occupied employment land within Dudley Borough, will be classed as Other Employment Areas, and will either be: 
1. retained and enhanced for industrial employment uses within Class E(g)(ii), E(g)(iii)), and Class B2 and B8, and allowed to be developed for such uses, or 
2. be redeveloped for housing, or 
3. where the Other Employment Area can be evidenced as being easily and safely accessible via a direct footpath link to the boundary of a designated centre, for community, entertainment, food and drink, or leisure and recreation uses. 
Development for uses under 1(b) or 1(c) will only be acceptable where there is robust evidence to demonstrate to the satisfaction of the council, that: 
1. the site is no longer required for industrial employment purposes, including the possible relocation of displaced employment uses from other parts of Dudley Borough. 
2. the site is no longer viable for industrial employment uses. 
3. there are satisfactory arrangements in place for the relocation of existing occupiers of the employment uses on the site, particularly within the local area. 
4. the site can be brought forward for housing in a comprehensive manner and would not lead to piecemeal development.
5. residential development or development under 1 (c), would not adversely affect the ongoing operation of existing or proposed employment uses on the site or nearby to the site. 
6. the site is suitable for housing or other non-ancillary non-employment uses in accordance with local or national planning policies relating to those uses.

Justification

9.39 There are a number of existing employment sites and areas that are not designated as Strategic or LEA's as, when assessed through the BEAR, they do not meet the thresholds for being allocated as LEA. These tend to be older, less marketable employment sites close to or within residential areas, where proposals for their redevelopment to deliver new homes could give rise to significant regeneration and community benefits.

9.40 It is also recognised that there are also a few such areas within the borough which, given their location within close proximity, via safe and direct pedestrian access, to an existing centre, could provide space for complementary non-employment uses to help sustain and enhance the vitality and viability of the centre.

9.41 Whilst Dudley will continue to support the existing businesses within these areas, it is therefore also necessary for the Plan to allow flexibility for them to be reused for alternative forms of appropriate development. The circumstances where such redevelopment will be permitted are set out in sections 2a - f of the policy.

9.42 In addressing criteria a and b, applicants will be required to submit an Economic and Market Assessment (EMA) that demonstrates that the site is unsuitable for continued employment use. The sustainability of the site's location, including its accessibility by a choice of modes of transport, will be one matter that should be considered in this context. The EMA should also include evidence that the site is vacant (unless it can be demonstrated that occupiers are to be relocated) and has been marketed over a reasonable period of time and at realistic rental and capital values.

Balancing Employment Land and Housing and Protecting the Viability and Integrity of Existing Industrial and Business Uses

9.43 New housing and employment developments on previously developed land not allocated for these uses can make an important and positive contribution towards meeting future development needs. The following policy sets out the approach for assessing windfall employment and housing developments, ensuring they are located in suitable and sustainable locations, as well as the protection of existing business uses from non-industrial development. Such development proposals will also need to consider the Plan's other relevant development management policies, such as DLP8 Health and Wellbeing and DLP39 Design Quality.

Policy DLP22 Balancing Employment land and Housing, and Protecting the Viability and Integrity of Existing Industrial and Business Uses

Before releasing any employment land in Dudley, we will first ensure the retention of an adequate supply of occupied and available employment land to meet defined needs as set out in Policies DLP19, DLP20 and DLP21. We will consider the availability of employment land within the area, the quality of the site and its geographical market. In areas identified for new housing we will positively plan to facilitate housing growth by:
1. Encouraging any existing operation which by virtue of the scale and nature of operations, traffic generation and other amenity considerations may restrict the regeneration of the area to relocate. This relocation will be facilitated with the full support of the local authority concerned, provided that suitable alternative sites and premises are available.
2. Resist new development where this may restrict the regeneration of the area by virtue of the scale and nature of operations, traffic generation and other amenity considerations. Existing businesses who may wish to redevelop or extend their premises will be encouraged to relocate with the full support of the local authority, provided that suitable alternative sites and premises are available.
Where new non-industrial development is proposed near to an existing business (E(g) (ii) (iii), B2 and B8) site, particularly where those non-industrial uses may threaten the viability of the neighbouring industrial use or the integrity of the wider industrial area, such a proposal will only be permitted;
1. if the site is no longer viable and required either for employment use, including relocation of businesses displaced from sites released to other uses, or for other employment-generating uses.
2. if it can be demonstrated that the new non-industrial development would not adversely affect the continued viability and operation of the existing business use, and suitable mitigation measures can be built into the new proposal to address such concerns as necessary. Where this is to be achieved by way of a buffer, the new development will be required to provide and maintain the buffer.
Any proposals resulting in the loss of employment land should demonstrate a comprehensive approach, making best use of available land and infrastructure and not prejudicing existing and neighbouring uses. Incremental development will only be allowed where it would not prejudice master planning of the wider area.

Justification

9.44 Locating the right development in the right place ensures that proposals are sustainable, have a positive relationship with the surrounding area and uses, and integrate well, complementing the character of their location.

9.45 Policies DLP10 and DLP18 allocates sites for residential, and employment uses based on the anticipated availability of land for development at the time of the preparation of the Plan. However, there will always be windfall sites put forward for development in areas where it is not currently anticipated, and it is important that such development is brought forward in a comprehensive way.

9.46 Existing businesses wanting to grow should not have unreasonable restrictions put on them because of a change in nearby land uses since they were established. Therefore, new developments will need to reflect the 'agent of change' principle by proving that the person or business responsible for the proposed new development / change is responsible for managing the impact of that change in relation to noise and other potential nuisances generated by existing land uses in the vicinity. Similarly, where an existing business or community facility could have a significant adverse effect on new development (including changes of use) in its vicinity, the applicant will need to provide mitigation before the development has been completed.

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