Dudley Local Plan Part One

6. Infrastructure

Introduction

6.1A key role of the Dudley Local Plan (DLP) is to plan for the growth required for a sustainable and prosperous borough. Ensuring effective delivery of development will require strong collaborative working, both between the local authority and jointly with public, private and third sector partners, involving a robust process of infrastructure planning and delivery.

6.2The provision of appropriate infrastructure in a timely manner underpins the transformational and regeneration strategy of the DLP and these policies are intended to ensure the delivery of all spatial priorities.

6.3The National Planning Policy Framework (NPPF) highlights that advanced, high quality and reliable communications infrastructure is essential for economic growth and social wellbeing. It requires planning policies and decisions to support the expansion of electronic communications networks, including next generation mobile technology and full fibre broadband connections. The expansion of these networks in Dudley Borough will support the vision and spatial strategy of the Plan by supporting economic growth and sustainable development.

Delivery Constraints

6.4Physical and social infrastructure is necessary 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 robust and innovative infrastructure solutions.

6.5The DLP is supported by an Infrastructure Delivery Plan (IDP), which will draw upon a range of evidence including transport modelling, a Utilities Infrastructure Capacity Study, a Water Cycle Study, and a Viability Study. This evidence underpins the DLP by identifying infrastructure investment required to support development, potential constraints to delivery and the key delivery mechanisms and partners.

6.6The DLP adopts a brownfield-first approach to maximise delivery of development within the urban area; however, poor ground conditions that are a legacy of the Dudley’s mining and industrial past are a significant constraint, in both physical and financial terms. Therefore, tackling significant and structural delivery constraints are a priority for interventions, as they affect much of the development land supply in the urban area. The Council is working in partnership with the West Midlands Combined Authority, to ensure that brownfield land is prioritised for development and funding intervention.

6.7Where valuable mineral resources are present, and it is viable to extract them as part of a remediation scheme, this may also help offset the costs.

Transport and Access to Residential Services

6.8Parts of Dudley’s existing highway infrastructure suffers from congestion. The transport modelling evidence is available to view alongside the plan and this has informed the Plan development. Assuming that proposals for improved public transport, walking and cycling are delivered, it is not anticipated that the development of new housing and employment land will have a significant additional impact.

6.9Most new housing development in the urban area will enjoy good accessibility, including to sustainable modes of transport, centres of employment, schools, shops, health facilities and other residential services. This should help to reduce the requirement for additional travel and will also help mitigate the impact of development.

6.10Infrastructure investment will be required to support development, including:

• public open space
• affordable housing
• transport provision
• school places
• health facilities
• policing facilities
• sustainable drainage systems
• wastewater treatment
• waste management

6.11Changes may be required to the way that Dudley is powered over the Plan period, together with an increasing reliance on digital solutions. Where gaps in service provision exist, service providers are aware of them and will work to address them.

Economic activity

6.12As identified in the Economic Development Needs Assessment (EDNA), the Black Country comprises a clearly defined functional economic market area (FEMA) with strong employment and labour market links to a hinterland with Birmingham and South Staffordshire districts. It is a fast-growing functional economy and has the capacity to deliver significant growth, given the diversity, resilience and concentration of key national sectors located in the area. However, skills challenges are holding it back.

6.13Economic development strategies including the Strategic Economic Plan (SEP) and Local Industrial Strategy seek to address these challenges to accelerate the growth of the local economy and there are major investment plans in the Black Country – including for the transport infrastructure which is crucial to meeting the ambitions in the West Midlands Strategic Economic Plans.

6.14Considerable investment is taking place in the Black Country including the delivery of projects within Dudley Borough through working with the West Midlands Combined Authority. Some key projects that will take place over the life of the DLP include the regeneration of Dudley Town Centre, and many of these projects are, and will, benefit from funds such as:

• Devolved Housing Deal
• Levelling Up Funds
• Towns Fund
• Future High Streets
• Transport settlements including City Regions Sustainable Transport Settlement (CRSTS)

6.15Other infrastructure likely to be delivered before and during the plan period are:

• The rollout of a fast-charging network for electric vehicles, ensuring that drivers will never be further than 30 miles from a rapid charging station
• 5G (and further generations) rollout

Planning Obligations

6.16Planning obligations currently deliver local infrastructure improvements necessary to mitigate the impact of development on the local area. Examples include affordable housing provision, access improvements, open space and residential services.

6.17Financial viability has always impacted on the extent of planning obligations that can be secured in Dudley, particularly in areas suffering from poor ground conditions. The DLP will be introducing requirements for sustainable design and to adapt to and mitigate against climate change. As informed by the Viability Assessment, viability impacts will vary according to the size, type (i.e., greenfield or brownfield) and location (e.g., whether the site is within a low or high value area) of the sites involved, and it is likely that interventions may be necessary to bring forward development on some of the more constrained sites within lower value areas.

6.18The Community Infrastructure Levy (CIL) provides opportunities for local authorities to generate contributions for local and sub-regional infrastructure through a levy on a wide range of developments. This can present opportunities to provide a range of infrastructure currently beyond the scope of planning obligations: The Council has an adopted CIL charging regime, which has been endorsed by the Viability Assessment.

Infrastructure Provision

6.19The following policy sets out how the Council will secure infrastructure provision from future planned development. It also sets out the requirement for viability evidence where, in exceptional circumstances, proposals are unable to comply with the policies of the DLP. Where viability evidence is required, viability assessments should be prepared in accordance with the most up to date national planning policy guidance.

Justification

6.20The scale of growth proposed in the DLP will have impacts on the local environment and the capacity of a range of infrastructure and facilities. It is important that the appropriate investment takes place to ensure, future development is sustainable. The definition of infrastructure in this context, for which overall targets and standards are set in the DLP and national planning policy is wide, including:

1. affordable housing
2. renewable energy
3. publicly accessible open space
4. public services
5. sustainable drainage
6. sport and recreational facilities
7. flood risk
8. biodiversity net gain
9. transport, including active travel
10. air quality mitigation measures; and
11. residential services

6.21These requirements are set out in more detail within the appropriate sections of the DLP, with related policies and guidance contained in Supplementary Planning Documents/ Supplementary Plans, and the DLP evidence base including the Infrastructure Development Plan. Policy requirements set out in the DLP have been subject to a proportionate assessment of viability to ensure that those requirements are realistic, and the cost of meeting the needs of relevant policies will not undermine the deliverability of the Plan. Each development proposal must address its own impacts through on-site and offsite provision or enhancements, secured through planning obligations or other relevant means.

6.22Analysis suggests that education infrastructure needs arising from the proposed DLP growth are likely to be accommodated via expansions to the current school estate as opposed to the creation of new school(s). However, due to the DLP plan period extending beyond current education forecasts this analysis would be ongoing, and contributions may be required.

6.23Similar to education provision, analysis is suggesting that additional rooms for primary healthcare facilities may be required in certain areas of the borough depending on the scale and nature of those developments. Consultation with key infrastructure providers will be conducted throughout the planning process to determine if contributions are required on a site-by-site basis.

6.24Where the combined impact of several developments creates the need for infrastructure, it may be necessary for developer contributions to be pooled to allow the infrastructure to be secured in a fair and equitable way. Pooling may take place both between developments and also between Dudley and other local authorities where there is a cross-authority impact.

Broadband and Telecommunication Networks

6.25Planning policy can play an important role in helping to address key digital connectivity infrastructure needs, reflecting that modern telecommunications are important in the national and local economy and in people’s lives.

6.26The following policy sets out proposals for ensuring the provision of full fibre broadband connectivity is considered in all new major development proposals. It also sets out the approach for supporting and assessing 5G Network (and further generation) infrastructure proposals.

6.27Policy DLP7 also sets out how the Council will respond positively to telecommunications proposals whilst balancing decisions against the need to protect and enhance the character and the overall environmental quality of the borough, as supported by relevant stipulations within the National Planning Policy Framework. It also supports discussions with operators prior to any strategies and applications being finalised are encouraged to establish at an early stage a shared view of equipment needs and constraints. DLP7 builds upon standards set out in national Building Regulations.

Justification

6.28Full fibre broadband is the future of connectivity and increases speeds from the 30 MB available for superfast broadband to 1000 MB (1GB). Currently full fibre coverage is very low across Dudley (0.6%), compared to 11.5% across England. Full fibre is required to meet future demands for connectivity, as highlighted by a 50% increase in demand each year, and to recognise the wider economic, health and service delivery benefits.

6.29At the local level, the availability, reliability, and speed of broadband provision is a key consideration for house buyers and many view it to be as essential as more traditional utilities. Similarly, it is also a key concern in the public health and business sectors. However, despite the obvious benefits to developers and end-users, full fibre is not always provided in new residential and commercial properties.

6.30Planning policy can play a role in helping to achieve the necessary transformation in broadband connectivity. The NPPF clearly recognises this and supports the delivery of advanced, high-quality communications infrastructure and the expansion of high-speed broadband where possible. Building Regulations set out requirements for infrastructure for electronic communications.

6.31Currently most properties in Dudley Borough are connected to superfast broadband (fibre to the cabinet and copper to the premises with speeds up to 30 MB) but the future is cited as full fibre (fibre to the premises with speeds up to 1GB). Fibre to the premises (FTTP) is recognised by the Government as a Next Generation Access (NGA) technology, with NGA defined as wired access networks that consist wholly or in part of optical elements, and which are capable of delivering broadband access services with enhanced characteristics (such as higher throughput) as compared to those provided over already existing copper networks.

6.32The Government has committed to gigabit-capable broadband by 2025 and it is the aspiration of the Black Country Authorities (BCA), including Dudley, to support the rollout of full fibre across the Black Country as soon as possible. An options appraisal case is being progressed around full fibre. By seeking to deliver FTTP, Dudley is aiming to provide a future-proof solution for broadband delivery. Adopting this approach will prevent the need for fibre retrofitting programmes in the future, which have significant cost implications and cause considerable disruption through road works. This is in line with latest Building Regulations.

6.33By implementing this policy approach, Dudley Council is seeking to ensure that future developments remain at the forefront of advances in broadband technology, allowing the borough to remain an attractive location for businesses and residents.

6.34The intention of Policy DLP7 is not to require developers to deliver FTTP solutions themselves. Instead, it focuses on the need to conduct early dialogue with telecom providers in order to best understand what their infrastructure specifications are and how these can be accommodated as part of the new development. The involvement of multiple telecoms providers at build stage will minimise the impact later.

6.35The newest generation mobile phone network (5G) is as fast as fibre, with speeds up to 1GB – five to ten times faster than current home broadband connectivity. 5G benefits include huge capacity, with the ability to connect thousands of users and devices at the same time at consistently ultrafast speeds and ultra-reliable, secure, and low latency, which will be transformational for industry. The demand for mobile data in the UK is growing rapidly, and as households and businesses become increasingly reliant on mobile connectivity, the infrastructure must be in place to ensure supply does not become a constraint on future demand.

6.36The Government wants to be a world leader in 5G, the next generation of wireless connectivity, and for communities to benefit from investment in this new technology. The NPPF expects planning policies and decisions to support the expansion of next generation mobile technology such as 5G, and further generation networks. The West Midlands has been selected as the UK’s first multi-city 5G test bed, paving the way for the future rollout of 5G across the UK, making the region the first in the UK ready to trial new 5G applications and services at scale.

6.37To deploy 5G, and future generation technologies, and improve coverage in partial “not-spots” (a place where wireless internet, especially broadband, services are not available), mobile network operators will need to strengthen existing sites to accommodate additional equipment. To extend coverage into total not-spots or to add capacity in areas of high demand, mobile network operators will also need to identify and develop new sites.

6.38Masts will need to be higher than at present to accommodate 5G, which may impact on local amenity and character in some areas. Mobile Network Operators are therefore encouraged to have early discussions with Dudley Council and to communicate and consult with local communities, especially in the case of new sites.

6.39With regard to proposed new installations, especially in order to accord with national planning policy, it is important to require the siting and design of apparatus to be sympathetic and responsive to site location, with particular regard to it not having an unacceptable impact on natural or heritage assets, and/or unduly impacting on amenity and highway safety.

Evidence

• Black Country Utilities Infrastructure Capacity Study (2019)
• Black Country Digital Infrastructure Evidence Base (2021)
• Dudley Viability Assessment Report (2023 and 2024 Addendum)
• Infrastructure Delivery Plan (2025)

Delivery

• Planning Management
• Other Local Plan/Regeneration Frameworks
• Supplementary Planning Documents