Dudley Council

Part One: Spatial Strategy and Policies (Regulation 18)

Ended on the 22 December 2023
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Delivering Affordable, Wheelchair Accessible and Self-Build / Custom-Build Housing

8.16 To meet local needs, a sufficient proportion of new homes provided over the plan period should be affordable and wheelchair accessible, and enough plots should be provided to meet local demand for self-build and custom-build housing. Viability should be considered when setting targets.

(19) Policy DLP12 Delivering Affordable, Wheelchair Accessible and Self-Build / Custom-Build Housing 

Affordable Housing

  1. Developments of ten homes or more should, where financially viable, provide a range of tenure that will meet the accommodation needs of both existing and future residents, in line with the most recently available information.
  1. All developments of ten homes or more should provide a proportion of affordable housing, where this is financially viable. The minimum proportion of affordable housing that should be provided is:
    1. On all sites in lower value zones and brownfield sites* in medium value zones: 10% affordable housing,
    2. On greenfield sites* in medium value zones: 20% affordable housing,
    3. On all sites in higher value zones: 30% affordable housing
       
  2. The tenure and type of affordable homes sought will be determined on a site-by-site basis, based on national planning policy and best available information regarding local housing needs, site surroundings and viability considerations. Detailed guidance will be set out in a Supplementary Planning Document.
     
  3. The affordable housing secured through developer contributions should be broken down by tenure as follows:
    • 25% First Homes
    • 15% Shared Ownership
    • 60% Social Rent or Affordable Rent

National Wheelchair Accessibility Standards

  1. All developments of ten homes or more should provide a proportion of wheelchair accessible housing, where this is financially viable. The minimum proportion that should be provided is:
    1. On all brownfield sites*, and on greenfield sites* in lower value zones: 20% of homes to meet the optional Building Regulations Requirement M4(2): Accessible and Adaptable Dwellings,
    2. On greenfield sites* in medium or higher value zones: 15% of homes to meet the optional Building Regulations Requirement M4(3): Wheelchair User Dwellings and all remaining homes to meet the optional Building Regulations Requirement M4(2): Accessible and Adaptable Dwellings.
       
  2. Other than for reasons of financial viability, these requirements will only be reduced where it can be demonstrated that any of the following apply:
    1. It is not practically achievable given the physical characteristics of the site, or
    2. Site specific factors mean that step-free access to the dwelling cannot be achieved, or
    3. The homes are located on the first floor or above of a non-lift serviced multi-storey development.

Self-Build and Custom-Build Plots

  1. On developments of 100 homes or more, where there is currently a need identified in the self-build and custom-build register for the local authority, at least 5% of plots should be made available for self-build or custom-build, or sufficient to match the current number on the register if lower. Any plots that have not been sold after 12 months of appropriate marketing will revert to the developer to build.

Financial Viability Assessments

  1. On sites where applying the affordable housing or wheelchair accessibility requirements can be demonstrated to make the development unviable, the maximum proportion of such housing will be sought that will not undermine the viability of the development, subject to achieving optimum tenure mix and securing other planning obligations necessary for the development to gain planning permission.
     
  2. Financial viability assessments conforming to national guidance will be required to be submitted and, where necessary, independently appraised by an appropriate professional appointed by the local planning authority at the cost of the applicant. Flexible arrangements will be sought through planning agreements, wherever possible, to allow for changing market conditions in future years. Any viability assessment should be prepared on the basis that it will be made publicly available other than in exceptional circumstances, and in such circumstances an executive summary will be made publicly available.

* or parts of such sites

Justification

8.17 Rising house prices and low average incomes over a long period has made market housing increasingly unaffordable for many households in Dudley. The Black Country SHMA (2021) identifies requirements for new homes to be made available for affordable or social rent, shared ownership and First Homes. To meet this level of need over the Plan period, 32.7% of new housing would have to be affordable.              

8.18 The Viability and Delivery study demonstrates that viability varies greatly according to local housing values and whether the site is greenfield or brownfield. Therefore, a sliding scale of affordable housing requirements, ranging from 10% to 30%, has been set out in Policy DLP12 which reflects this variation. This approach should ensure that viability appraisals are not required at planning application stage for many sites. However, viability issues can vary significantly from site to site and are often caused by poor ground conditions, the extent of which cannot be accurately assessed until planning application stage. To maximise delivery of affordable housing over the Plan period, it is important that affordable housing is sought on all eligible sites, that viability is assessed on a site-by-site basis where required, and that a flexible approach is employed wherever possible to allow for changing market conditions.

Figure 8.1 Housing Value Zones

This plan shows the housing value zones across the borough. It shows pockets of higher value zones to the south of the borough south of Stourbridge and Halesowen and a pocket around Kingswinford. The rest of the borough is split between lower and medium value zones, with the lowest value areas being around Brierley Hill and stretching north to the areas below Sedgley.

8.19 The tenure of affordable housing required over the Plan period will vary according to local housing need and market conditions and will also be constrained by the requirements of national planning policy. In general, a mix of tenures will be sought on all sites of ten homes or more, to help create mixed communities across the borough. However, there may be circumstances where this goal is better achieved through the provision of a 100% affordable housing development to boost the affordable housing provision, or through a 100% market housing development with off-site provision of the affordable housing requirement.

8.20 There are currently 83 individuals on the self-build and custom-build register for Dudley. To meet the modest need for self-build and custom-build plots across Dudley, developers of larger sites will be expected to make available a small proportion of the development as serviced self-build and custom-build plots, as defined in national legislation and guidance. These plots will not form part of the affordable housing requirement for the development. Detailed guidance for the plots, for example on design, will be provided at a local level where appropriate.

8.21 Dudley will work with partners to meet identified needs to accommodate older people, people with disabilities, and those with other special needs. The Black Country SHMA (2021) concludes that 17,866 accessible and adaptable homes, including 1,674 wheelchair user homes, will be required by Black Country households in 2039 due to disability or old age. There is a need for these types of homes across all tenures. This implies that a significant uplift will be required to the number of homes that meet these standards currently. Although some improvements to existing homes funded through Disabled Facilities Grants may contribute towards this uplift, the provision of new homes meeting the standards would reduce the need for adaptations to be retrofitted and make the housing stock more responsive to the evolving needs of the local population.              

8.22 Accessible and adaptable homes that meet the M4(2) Building Regulations are designed and built to a standard that meets the needs of occupants with differing needs, including some older or disabled people, and are only slightly more expensive to build than standard housing. They must also allow adaptation to meet the changing needs of occupants over time. Homes built to this standard are more flexible and readily adaptable as people's needs change, for example if they have children and require easy access for pushchairs, if they have a temporary or permanent disability or health issue, or as they gradually age and their mobility decreases. Wheelchair user homes that meet the M4(3) Building Regulations are required by fewer households but involve a significantly increased cost.              

8.23 Therefore, all major housing developments will be expected to provide 20% of homes at the M4(2) standard, where this is financially viable. For major housing developments on greenfield sites in medium and higher value zones, where viability is less likely to be a constraint, there will be a requirement for 15% wheelchair user homes at the M4(3) standard, with the remainder of homes required to meet the M4(2) standard.              

8.24 The standards will be applied through planning conditions or section 106 agreements, which will require an agreed number of units to be constructed to the specified Building Regulations requirements.              

8.25 Policy DLP12 allows for an element of flexibility in recognition of the practicalities of delivering these standards, in particular given the challenges that may arise given the topography of some sites, where access within the gradients specified in the Building Regulations Approved Document may not be achievable. Where step free access to dwellings cannot feasibly be achieved due to site specific factors, the optional standards will not be required for the homes affected. Where multi storey flats or apartments are being developed without lift provision, homes on the first floor or above will not be required to meet the M4(2) or M4(3) standards. Ground floor flats in multi storey developments will still be required to meet the optional standards. Where lifts are provided the standards will be applied in accordance with the Policy.

Evidence

  • Black Country Strategic Housing Market Assessment (2021)
  • Dudley Viability and Delivery Study (2023)
  • Dudley Strategic Housing Land Availability Assessment (SHLAA) (2023)

Delivery

  • Local Plan documents and negotiations with developers through the Development Management process
  • Implementation of Housing Strategies
  • Securing funding to facilitate delivery
  • Working with key partners and delivery agencies

Supported Accommodation

8.26 The Council is committed to delivering homes for all. This means a diverse range of housing to suit the needs of our residents, including for those with specialist needs and the older population. This accommodation needs to be situated in locations that support a high quality of life and enable independence, where possible, through good access to transport, amenities and public open space.

(2) Policy DLP13 Supported Accommodation

  1. The Council will support the provision of accommodation for people with specific needs, where a need has been identified. Proposals providing accommodation for people with specific needs, including care homes and extra care facilities will be considered in relation to the following criteria:
    1. Accessibility to public transport links and key local services
    2. Compatibility with either adjacent use and resulting impact on the character and adequate level of overall amenity of the surrounding area
    3. Provision for sufficient parking for residents, staff and visitors, and manoeuvring of vehicles and impact on highway safety
    4. Provision of private amenity space or be in close proximity to an area of public open space.
       
  2. Development proposals should be consistent with other Local Plan policies.

Justification

8.27 The National Planning Policy Framework recognises that the provision of housing to meet the needs of present and future generations is a key role of the planning system, and widening the choice of high-quality housing types, densities, and affordability is a key driver towards the delivery of sustainable developments. Policies within the Dudley Plan aspire to create a network of cohesive, healthy and prosperous communities with equal access to a mix of affordable and range of housing options.

Evidence

  • Black Country Strategic Housing Market Assessment (2021)
  • Dudley Strategic Housing Land Availability Assessment (SHLAA) (2023)

Delivery

  • Local Plan documents and negotiations with developers through the Development Management process
  • Implementation of Housing Strategies
  • Securing funding to facilitate delivery
  • Working with key partners and delivery agencies

Housing Development, Extensions and Alterations to Existing Dwellings

8.28 It is important that all new development proposals are assessed in terms of their relationship to and their impact on the functioning, quality and character of the surrounding environment. This will protect and enhance the character of an area through high quality design and most importantly ensure that reasonable standards of privacy and residential amenity are maintained.

(3) Policy DLP14 Housing Development, Extensions and Alterations to Existing Dwellings 

  1. Housing development, residential conversions, extensions, and alterations to existing dwellings will be supported when:
    1. The design of the development is of an appropriate form, scale and mass and is sited appropriately,
    2. Materials which respect and are responsive to the context and character of the area are used – unless the proposal can be assessed as being significantly innovative, particularly in terms of sustainable measures or outstanding design. In the case of residential conversions, extensions and alterations, the development shall not have a detrimental impact on the character, form, and design of the host dwelling,
    3. The development is appropriate in its locality and would not cause unacceptable harm to the amenities of the occupiers of neighbouring dwellings, including harm arising from loss of privacy, outlook, and sunlight – considering factors such as levels, orientation, and the separation of development,
    4. An appropriate level of amenity shall be provided for future occupiers of the development, including the provision of adequate accessible space for the storage and collection of household waste and recycling,
    5. The development would provide adequate access, parking, and provision for the manoeuvring of vehicles, with no detrimental impact on highway safety and the free flow of traffic,
    6. Housing development is sited on previously developed land and on sites in sustainable locations, close to public transport facilities and links.

8.29 The built environment, particularly residential, is one of the most important factors in determining overall quality of life. Residential spaces must work in way in which the community can both co-exist and create synergy, which requires residential areas to be protected and, where necessary, enhanced to ensure they are fit for purpose and that residential amenity is maintained. This can be in terms of ensuring privacy, preventing nuisance noise, providing adequate space for parking and waste storage and ensuring housing will continue to be fit for future residents. In that regard, careful control over the range and intensity of non-residential activity allowed in housing areas is essential.

8.30 Additionally, design standards are important in maintaining the overall quality of the built environment and ensuring that residents live in communities which they can be proud of and respect. Residential development should be in keeping with the character of an area, to create an urban environment that is congruent and visually appealing.

8.31 The Council is committed to maintaining the quality and functioning of housing areas to ensure the wellbeing of residents. In that regard, policy DLP14 sets out measures to maintain and enhance the quality of residential development and living conditions.

Evidence

  • Residential Design Guide Supplementary Planning Document (2023)

Delivery

  • Local Plan documents and negotiations with developers through the Development Management process
  • Implementation of Housing Strategies
  • Securing funding to facilitate delivery
  • Working with key partners and delivery agencies
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