Dudley Borough Local Plan Scoping Consultation Document

Paragraph 11: presumption in favour of sustainable development should be applied to plan-making. This means that:

1. plans should promote a sustainable pattern of development that seeks to: meet the development needs of their area; align growth and infrastructure; improve the environment; mitigate climate change (including by making effective use of land in urban areas) and adapt to its effects;
2. strategic policies should, as a minimum, provide for objectively assessed needs for housing and other uses, as well as any needs that cannot be met within neighbouring areas, unless:
   1. i. the application of policies in this Framework that protect areas or assets of particular importance provides a strong reason for restricting the overall scale, type or distribution of development in the plan area; or
   2. ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.

Policy S1 and Policy S2: plans should provide for objectively assessed needs for housing and other uses (including supporting infrastructure), as well as any needs that cannot be met within neighbouring areas, unless the application of the policies in this Framework that protect areas or assets of particular importance provides a strong reason for restricting the overall scale, type or distribution of development in the plan area; or any adverse impacts of doing so would substantially outweigh the benefits, when assessed against the policies in this Framework taken as a whole. Plans should provide for new development, and improvement of the environment, in a way which promotes a sustainable pattern of growth and seeks to mitigate climate change and adapt to its effects.

The spatial strategy should identify the location of development and where land should be protected or enhanced for specific purposes.

The overarching spatial strategy and individual development sites should ensure the delivery of overall sustainable development, reflecting a balance between meeting development needs and protection of the environment.

Paragraph 72: plans should identify a sufficient supply and mix of sites for housing, taking into account their availability, suitability and likely economic viability.

Policy HO3 and Policy PM9: plans should identify a sufficient supply and mix of sites for housing, taking into account their availability, suitability and likely economic viability and their timescales for development.

Both the quantum and type of housing land provided will need to be considered.

Paragraph 73: plans should identify land to accommodate at least 10% of their housing requirement on sites no larger than one hectare (unless good reasons not to).

Policy HO6: the plans should allocate land to accommodate at least 10% of the housing requirement on sites no larger than one hectare, and a further 10% on sites of between one and two and a half hectares, unless there are strong reasons why can’t achieve this.

Small and medium sites will need to form part of the housing supply.

Paragraph 77: large numbers of new homes can often be best achieved through larger scale development, such as new settlements or significant extensions to existing villages and towns, provided they are well located and designed, and supported by the necessary infrastructure and facilities.

Policy HO4: the plan should identify suitable locations for large scale development, such as new settlements, new urban quarters or significant extensions to existing settlements.

New settlements are not an option within the borough, but extensions to existing urban areas may need to be considered. In the local geographical context, however, these will not necessarily be considered ‘significant’ extensions.

Paragraph 86: plans should identify strategic employment sites for local and inward investment to match the area’s economic strategy and meet development needs. This should take account of the needs of specific industries such as data centres or freight and logistics.

Policy E1: the plan should allocate sites to implement the economic vision and strategy and meet existing and anticipated needs, paying particular regard to facilitating development to meet the needs of a modern economy (including sites and premises which are flexible and adaptable) and the specific locational requirements of different sectors.

Both the quantum and type of employment land provided will need to be considered. Consideration to be given to the wider sub-regional picture, including the Functional Economic Market Area of which Dudley borough is part.

Paragraph 90: allocate a range of suitable sites in town centres to meet the scale and type of development likely to be needed for main town centre uses. Recognise residential development often plays an important role in ensuring vitality of centres.

Policy TC1: allocate a range of suitable sites in town centres to meet the scale and type of development needed for main town centre uses and complementary uses. Recognise residential development can broaden mix of uses.

Both the quantum and type of sites provided will need to be considered. Town centres can be an important focus for a range of development needs, including retail, leisure and housing.

Paragraph 124: plans should promote an effective use of land in meeting development needs, while safeguarding and improving the environment and ensuring safe and healthy living conditions. Plans should accommodate needs in a way that makes as much use as possible of previously-developed or ‘brownfield’ land (subject to any other constraints such as environmental value).

Policy L1: plans should promote an effective use of land in meeting development needs Plans should accommodate needs in a way that makes as much use as possible of previously-developed or ‘brownfield’ land.

The use of appropriate brownfield land for meeting needs should be maximised. Appropriate densities which ensure the effective use of land should be considered. This can influence the choice of appropriate locations e.g., town centres can typically accommodate higher-density developments.

Paragraphs 145- 148: Green Belt boundaries should only be altered in exceptional circumstances. Exceptional circumstances in this context include, but are not limited to, instances where an authority cannot meet its identified need for homes, commercial or other development through other means. If that is the case, authorities should review Green Belt boundaries in accordance with the policies in this Framework, unless there is evidence that doing so would fundamentally undermine the purposes (taken together) of the remaining Green Belt, when considered across the area of the plan.

Before concluding that exceptional circumstances exist to justify changes to Green Belt boundaries, the Council should be able to demonstrate that it has examined fully all other reasonable options for meeting its identified need for development. These include making as much use as possible of suitable brownfield sites and underutilised land; optimising the density of development particularly in town centres and other sustainable locations; and being informed by discussions with neighbouring authorities about whether they could accommodate some of the identified need for development.

Where it is necessary to release Green Belt land for development, plans should give priority to previously developed land, then consider grey belt which is not previously developed, and then other Green Belt locations. However, the need to promote sustainable patterns of development should determine whether a site’s location is appropriate.

Policy GB3 and Policy GB4: Green Belt boundaries should be altered through plans where it would enable the development of land around stations, or exceptional circumstances exist. In this context exceptional circumstances include an authority being unable to meet its identified needs for development through other means. Before concluding that exceptional circumstances exist to justify changes to Green Belt boundaries, the Council should be able to demonstrate that it has examined fully all other reasonable options for meeting its identified need for development. These include making as much use as possible of suitable brownfield sites and underutilised land; optimising the density of development particularly in town centres and other sustainable locations; and assessing whether sites can be identified outside the Green Belt.

Where it is necessary to release Green Belt land for development, plans should give priority to previously developed land, then consider grey belt which is not previously developed, and then other Green Belt locations, so long as this promotes a sustainable pattern of development overall. Changes to the Green Belt should not fundamentally undermine the purposes of the remaining Green Belt across the plan area.

Under the 2024 NPPF consideration will need to be given to:

• Optimising brownfield land supply
• Optimising densities to increase supply
• Whether neighbouring authorities can accommodate needs (this will need to be authorities that have a housing or economic relationship with the borough)

If needs can still not be meet, then consideration will need to be given to Green Belt in the following order (subject to sustainability considerations and any harm to the Green Belt across the plan area):

• Previously developed land
• Grey Belt land
• Other Green Belt land

Under the 2025 NPPF plans should consider the potential to release land around stations.

Consideration will need to be given to:

• Optimising brownfield land supply
• Optimising densities to increase supply
• Considering sites that can be identified outside the Green Belt.

If needs can still not be meet, then consideration will need to be given to Green Belt in the following order (subject to sustainability considerations and any harm to the Green Belt across the plan area):

• Previously developed land
• Grey Belt land
• Other Green Belt land