Part One: Spatial Strategy and Policies (Regulation 18)
3. Context of the Local Plan
National Context
National Requirements for Plan-making
3.1 The Draft DLP has been prepared in accordance with the National Planning Policy Framework (NPPF) and its associated Planning Practice Guidance (PPGs) and best practice advice notes produced by Historic England. The NPPF sets out the national approach to planning in England and emphasises the role of sustainability in guiding plans and policies, setting out three dimensions to sustainable development, these being economic, social and environmental.
3.2 National policy requires that all plans set out a vision and a framework for future development and seek to address the strategic priorities for the area. The strategic policies for an area should include policies and site allocations to address key issues such as:
- an overall strategy for growth
- housing (including affordable housing)
- commercial development
- retail and leisure
- infrastructure
- community facilities
- climate change
- conservation and enhancement of the natural and built environment.
3.3 Plans should be clear in identifying strategic policies. They should form a starting point for local non-strategic policies which can include more detailed development management policies. Strategic policies should include a clear spatial strategy for bringing forward enough land to address housing needs over the plan period and be underpinned by relevant and up to date evidence. It is now a legal requirement to have completed a review of the Local Plan within 5 years of its adoption to take account of changing circumstances affecting the area.
3.4 The NPPF sets out that Local Plans should be prepared in line with procedural and legal requirements and will be assessed on whether they are considered 'sound'. Plans are considered sound if they are: positively prepared, justified, effective, and consistent with national policy.
3.5 The Government published proposals for an update of the NPPF in December 2022 which was the subject of a consultation until March 2023. Whilst the outcome of the consultation is still to be published, it will be necessary for the Council to consider and reflect the changing legislation (including the introduction of National Development Management Policies) as the DLP moves through the plan making process.
Sub-regional and local policy context
Sub-regional Context
3.2 In preparing the DLP, it is essential to take account of the wider context of the West Midlands region. Dudley Council is a member of the West Midlands Combined Authority (WMCA). WMCA is responsible for preparing the West Midlands Plan for Growth (2022). This strategic economic plan provides the economic policy framework for the area, with a focus on skills, employment, investment and key economic clusters to generate substantial productivity growth. Alongside the Plan for Growth, the West Midlands Local Industrial Strategy (2019), sets the path for raising productivity via a number of key employment sectors.
3.3 The Council's current adopted local plans (Black Country Core Strategy and Dudley Borough Development Strategy) and the emerging DLP set out the Council's regeneration aspirations for the borough and provide a basis for the public and private sector investment decisions, including the devolved housing and land funds agreed with Government, the Towns Fund, levelling up funding and other regeneration led funds.
The Local Context
3.6 The DLP, once adopted, will help to deliver the Council's priorities across a range of policy areas through addressing climate change, supporting sustainable development and appropriate land use.
3.7 Under current legislation, local plans are required to identify a clear vision setting out what the authority wants to achieve through its approach to land use and development and setting out the strategic priorities to achieve this.
3.8 The Vision set out in the Draft DLP has been guided by the Council's adopted corporate strategies. "Forging a Future for All" is the borough's Vision to 2030 which was developed with extensive engagement with stakeholders. The Vision sets out seven aspirations of what it would like the borough of Dudley to be:
- An affordable and attractive place to live with a green network of high-quality parks, waterways and nature reserves that are valued by local people and visitors
- A place where everybody has the education and skills they need, and where outstanding local schools, colleges and universities secure excellent results for their learners
- A place of healthy, resilient, safe communities where people have high aspirations and the ability to shape their own future
- Better connected with high quality and affordable transport, combining road, tram, rail, and new cycling and walking infrastructure
- Renowned as home to a host of innovative and prosperous businesses, operating in high quality locations with space to grow, sustainable energy supplies and investing in their workforce
- A place to visit and enjoy that drives opportunity, contributing to its ambitious future while celebrating its pioneering past
- Full of vibrant towns and local centres, offering a new mix of leisure, faith, cultural, residential and shopping uses.
3.9 This Vision has been used to inform the Vision for the DLP.
3.10 The Council's Corporate Plan 2022-25 supports the delivery of the "Forging a Future for All" Vision. It sets out four priority areas underpinned by five objectives within each priority. These being:
Table 3.1 Corporate Plan 2022-25 Priorities and Objectives
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Priority |
Objectives |
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Dudley the borough of opportunity |
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Dudley the safe and healthy borough |
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Dudley the borough of ambition and enterprise |
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Dudley borough the destination of choice |
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3.11 The four Council plan priorities listed above have a clear focus on the Council's regeneration plans, its work to become a destination of choice for tourism, housing and educational needs and a place where communities can lead stronger, safer and healthier lives.
Cross boundary issues and Duty to Cooperate
3.12 Local Planning Authorities have a legal duty to co-operate (DtC) with neighbouring authorities and other prescribed bodies on strategic matters that cross administrative boundaries. Strategic matters can include housing, employment, infrastructure, and the green belt. The Council has been working collaboratively with neighbouring authorities on cross boundary issues for a number of years and will continue to do so as the Dudley Local Plan progresses through to the publication stage and adoption.
3.13 The NPPF presumption in favour of sustainable development makes it explicit that authorities should plan for their own objectively assessed needs for housing and other development, as well as any needs that cannot be met in neighbouring areas. Agreement through Statements of Common Ground (SoCG) are now a necessity and will document the cross-boundary matters that need to be addressed and what progress has been made in dealing with them.
Evidence base
3.14 The preparation of a Local Plan must be based on a wide variety of up to date and robust evidence, providing technical information specific to Dudley or the sub-region. There are a range of studies and topic papers that have been prepared and these are available on the Council's website https://www.dudley.gov.uk/localplan. After each policy in this document there is a bullet point list of the key evidence that has helped shape that policy.
3.15 As work on the Plan progresses the evidence studies will be updated alongside each stage of the Local Plan.
Sustainability Appraisal
3.16 All local plans must contribute to achieving sustainable development, aiming to achieve a better quality of life for all, both now and for future generations. A Sustainability Appraisal (SA) is a statutory requirement, which ensures that the environmental, social and economic effects of a plan and reasonable alternatives to the plan are being considered. The SA assesses the sustainability of the strategic approach, proposed allocations and reasonable alternatives, and the content of the policies contained in a plan.
3.17 A SA has been prepared to appraise proposals in the preparation of the Draft Dudley Local Plan and is the subject of the Draft Plan consultation. A copy of the SA for the Draft Dudley Plan can be viewed on the Council's website https://www.dudley.gov.uk/localplan
Habitats Regulation Assessment (HRA)
3.18 The Habitats Directive establishes an ecological network of protected European Sites (Natura 2000 Network) and requires consideration of whether or not an Appropriate Assessment needs to be undertaken during the preparation of a Local Plan. The purpose is to assess what effects, if any, the plan might have on protected European sites.
3.19 A Habitats Regulations Assessment (HRA) will be undertaken as required by Regulation 61 of the Conservation of Habitats and Species Regulations 2010 (as amended) in order to see whether the plan could have the potential to result in likely significant effects upon protected European sites and sites of international importance for nature conservation.
Further information on the HRA process can be found in the HRA documentation and on our website https://www.dudley.gov.uk/localplan
Equality Impact Assessment (EqIA)
3.20 The Council has a duty under the Equality Act 2010 to carry out an Equality Impact Assessment (EqIA) for all plans, strategies and proposals in order to eliminate unlawful discrimination, promote equality of opportunity and promote good relations between people of different equality groups. The protected characteristic groups include age, disability, gender reassignment, religion/belief, pregnancy and maternity, sexual orientation and sex; all of which are considered to be at particular risk of discrimination.
3.21 The Council has published an EqIA to accompany this Local Plan. The EqIA will be updated at each stage of the Plan process.
Issues and Challenges for Dudley Local Plan
3.22 Dudley Council, alongside other Black Country Authorities, were involved in the preparation of a replacement Plan to the Black Country Core Strategy. Work on the Black Country Plan (BCP) commenced in 2017 with an Issues and Options consultation and progressed to a Draft Plan (Regulation 18) consultation in Summer 2021. Work on the production of the joint BCP officially ceased in October 2022.
3.23 The preparation of the DLP commenced in November 2022. Given the work that had already been undertaken on the BCP, both in terms of evidence gathering and policy writing, and acknowledging that it had been through two public consultations (including an Issues and Options consultation in 2017 and Draft Plan Regulation 18 consultation in 2021), the Council has decided that there is merit in retaining and adapting some of the policies to be taken forward in the DLP. In addition, the Council consulted on an Issues and Options consultation for the review of the Brierley Hill AAP in 2022.
3.24 On this basis, the Council has decided to produce a 'hybrid local plan' which acknowledges the issues and the responses made during the draft BCP public consultations and the Brierley Hill AAP Issues and Options consultation as well as the issues informed by our evidence base.
3.25 The DLP will include policies previously seen and consulted on in the BCP and will adapt those policies to make them more specific to our borough. It is likely that other Black Country councils will be doing the same, including similar or shared policies on certain issues such as pollution, transport, nature networks and other more strategic aspects of land use. This will make it much easier to ensure those matters are dealt with in a more effective way across boundaries.
3.26 The consultation of the Draft DLP will respond to the issues raised by the public and others during the public consultation on the draft BCP (held during Summer 2021) and Brierley Hill AAP Issues and Options consultation from January – February 2022.
3.27 Stakeholder engagement throughout the BCP plan preparation and the Brierley Hill AAP Issues and Options consultation confirmed a number of issues and challenges in Dudley that should be addressed by the new DLP. Alongside this, the technical evidence based produced to inform the Plan has identified some of the key issues to be considered and addressed as part of the plan making process. The consultation feedback and our evidence base has helped shape key plan directions, which are summarised briefly below in Tables 3.2-3.4.
Table 3.2 Homes and Communities – Issues and Challenges
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Issues |
DLP proposed policy framework to address issues |
Evidence |
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Having a land supply to meet the housing needs for the borough including potential for assisting/or seeking assistance from neighbouring authorities via DtC. |
Improving the lives of residents and meeting the needs of future generations through the supply of land for new development to provide to new homes. Making efficient use of land to address the needs of the borough. Needing to work with neighbouring authorities to address unmet development needs. |
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Meeting the borough's gypsy and traveller and travelling show people's needs. |
Improving the lives of residents and meeting the needs of future generations through the supply of land for new development to provide accommodation for Gypsy and Traveller and Travelling Showpeople. Need to provide additional Gypsy and Traveller and Travelling Showpeople pitch and plot provision through working with neighbouring authorities to address unmet development needs. |
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Location of development and distribution of growth |
A number of options on the scale and location for growth has been taken into consideration in the DLP options and spatial strategy and the selected range of preferred allocations. |
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Location of development and distribution of growth |
Prioritising the allocation of brownfield land. Reusing suitable brownfield land for new development can provide an effective use of land and reduces the need for development on previously undeveloped greenfield sites. National policy places great emphasis on the efficient use of urban land – it is a key component of sustainable development and can help to tackle the climate emergency. Identifying the potential of existing urban areas to accommodate additional residential development is an important component of the growth strategy for Dudley borough and the DLP. |
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Delivering a variety of homes, to meet the needs of all groups of the community and delivering affordable housing |
Building the right homes in the right places for people at all levels of income. The DLP needs to allow for new homes that meet the diverse needs of all our residents, including affordable, old persons, specialist and self and custom build housing, along with the accommodation needs of gypsy and traveller and travelling showpeople communities. |
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Viability and delivery of identified sites for growth |
The development strategy for the DLP needs to be both deliverable and viable, which means that there is a sufficient level of confidence that the sites and locations identified for development are able to come forward and deliver all that is required of them in terms of necessary infrastructure provision. The Plan will make provision for a policy framework that takes account of market conditions and produce an Infrastructure Delivery Strategy as the Plan progresses to ensure that what is put forward as a preferred development strategy is both deliverable and viable. |
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Delivering homes of a high-quality and design that reflect the character and distinctiveness of the borough |
Design is an overarching concept which interacts directly or indirectly with all other aspects of the plan. Strategic design policies in the DLP aim to form the foundations on which to build future detail and ensure that development is located and designed to create places for all residents in future. |
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Ensuring access to local services and supporting infrastructure |
Growth is underpinned by sufficient infrastructure – open spaces, community and health facilities and digital networks. Both Physical and social infrastructure will be required to enable and support the growth required over the Plan period. New housing and economic development will put pressure on existing services and utilities but may also create opportunities to provide infrastructure solutions |
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Balancing growth across communities by ensuring that local services and facilities continue to thrive. |
Growth is underpinned by sufficient infrastructure – open spaces, community and health facilities and digital networks. The sufficient provision of infrastructure is an essential element of creating sustainable communities, centred around that which delivers social, environmental and economic objectives. Working with infrastructure providers to review of infrastructure needs will enable measures can be put in place to ensure that new development is supported by appropriate and timely infrastructure. |
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Health and wellbeing of residents |
The Plan recognises the important role that spatial planning has in the creation of healthy, safe, and inclusive communities and that the places that we live in have a fundamental impact on health. Many of the policies of the Plan will have an impact on these matters, so it is important that community needs are supported through the provision of appropriate physical and social infrastructure and the built and natural environment allows for and supports healthy choices for residents. |
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Infrastructure needed to support new growth |
The sufficient provision of infrastructure is an essential element of creating sustainable communities, centred around that which delivers social, environmental and economic objectives. Working with infrastructure providers to review of infrastructure needs will enable measures can be put in place to ensure that new development is supported by appropriate and timely infrastructure. |
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Supporting struggling centres and high street vacancies. |
Centres play an important part in supporting economic growth and encouraging investment. It is important to maintain the shopping function of town centres that enhance their respective roles within the local Retail Hierarchy whilst also revitalising our centres through diversification, repurposing and investment. The DLP will need to address the health and the vitality and viability of the borough's centres. The DLP should provide a flexible policy framework to allow centres to serve the future growth identified (particularly residential led housing), diversify and provide policies to defend against proposals that could undermine centres, such as out-of-centre developments. |
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Need for improved transport links to connect people and businesses. |
Better Connectivity: public transport, walking routes, cycle paths. Transport policies have been reviewed and updated to place a stronger focus upon active travel and sustainable transport plus potential new strategic investment opportunities. |
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Table 3.3 The Economy- Issues and Challenges
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Issues |
DLP proposed policy framework to address issues |
Evidence |
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Employment Land provision and having a land supply to meet the needs for the borough including potential for assisting/ or seeking assistance from neighbouring authorities via DtC. |
Job and employment forecasts considered too low and too high. Updated evidence work has an increase in employment land requirements due to an extended Plan period. The Plan should provide for a range of employment sites capable of meeting a wide variety of investment needs. |
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Boosting and supporting an economy which provides access to employment and investment |
Supporting and providing a thriving, stable economy to ensure future prosperity and job creation. The Plan should provide for a range of employment sites capable of meeting a wide variety of investment needs |
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Struggling centres and High Streets-vacancies. |
Centres play an important part in supporting economic growth and encouraging investment. It is important to maintain the shopping function of town centres that enhance their respective roles within the local Retail Hierarchy whilst also revitalising our centres through diversification, repurposing and investment. . |
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Supporting higher education attainment and skills to enable people to access better employment opportunities |
Supporting development of skills, access to education and local training opportunities are key issues for Local Plan to ensure residents can benefit from economic growth. Plan has made provision for support education facilities in the borough as well as policy to improve access to the labour market and training opportunities. |
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Need for improved transport links to connect people and businesses |
Better Connectivity: public transport, walking routes, cycle paths. Transport policies have been reviewed and updated to place a stronger focus upon active travel and sustainable transport plus potential new strategic investment opportunities. A balanced approach to transport investment is required that recognises the need to invest in all modes of transport but identifies a priority in increasing the proportion of people using public transport, walking and cycling |
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Table 3.4 The Natural and Built Environment - Issues
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Issues |
DLP proposed policy framework to address issues |
Evidence |
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Planning for the impact of climate change, protecting and enhancing our environment and protecting communities from flood risk |
The Council declared a climate emergency in 2020 and pledged to achieve net zero carbon by 2050 and a Carbon Neutral Borough by 2041 Support for the inclusion of Climate Change policies and strengthening the aims. The DLP will need to contain a suite of new policies designed to help Dudley borough mitigate and adapt to a changing climate at a strategic level in line with the Council's climate change priorities. These policies will need reflect local ambitions and opportunities for growth. Such policies will need to reflect local circumstances rather than repeat national policies and guidance. The Plan policies will respond to climate change and achieve the Council's aspirations and targets. |
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Protecting the green belt and sensitive areas of open space outside the green belt |
Substantial number of representations focused upon the need for a strengthened case and evidence for green belt release together with strong opposition to the use of green belt land for development. The case, evidence and approach to development is further detailed in the Plan and supporting evidence. |
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Protecting and conserving the borough's natural environment and ecological assets. |
Protecting our environmental resources and requiring new development to leave biodiversity in a measurably better state than beforehand via Bio-diversity Net Gain, contribute towards mitigating impacts in some of our most valuable landscape and habitat areas and minimise impact on heritage assets |
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Protecting and diversifying the borough's cultural and tourism assets. |
Dudley with its historic and cultural assets is a key destination for tourists, and therefore it is important that the Local Plan contains policies relating to this. Tourism makes up a significant chunk of the area's economy, and it is important to support this. By proxy to tourism is the provision of cultural facilities such as museums, theatres, and music venues, which are not only an attraction for tourists but also residents and supporting them can help improve the local economy. It is important that the DLP helps create the conditions to have a thriving heritage and culture sector that not only helps create a sense of place, but helps encourage visitors to the local plan area, and increases enjoyment for those already living in the borough. |
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Ensuring sufficient good quality open spaces and enhancing blue and green infrastructure for residents and visitors to the borough |
Green & blue infrastructure is an important aspect of planning for many reasons, and protecting and enhancing existing networks, as well as creating new ones are high on the agenda, especially following the release of the Governments 25 Year Environment Plan and the Environment Act, both of which aim to halt natures decline and to support its recovery. The DLP addresses the incorporation of green & blue Infrastructure assets in development inc through the planting of street trees, creating parks, sustainable urban drainage systems, wildlife areas, hedgerows, and waterways, to name a few. Used in conjunction these can all help improve the provision of green & blue infrastructure across the plan area and create a Nature Recovery Network resulting in benefits for people, nature and the climate. |
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Ensuring new development protects and enhances the environment. |
Protection of the environment, improving air quality, acknowledging the valuable heritage of the borough and requiring new development to leave biodiversity in a measurably better state than beforehand, all contribute towards mitigating impacts in some of our most valuable landscape and habitat areas and minimise impact on heritage assets. |
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Resource requirements to meet growth |
Meeting our resource needs to serve the development of new homes and employment provision. |
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