Dudley Council

Part Two: Centres and Site Allocations (Regulation 18)

Ended on the 22 December 2023
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Employment and Offices in Brierley Hill

1.81 Previous aspirations for growth in the centre set out a target (B1a Use – new Use Class E(g)) for an additional 220,000 m² (gross) of office development between 2006 and 2026.             

1.82 At that time the figure was considered ambitious and openly aspirational, and this has proved to be the case with no additional growth in office floorspace recorded since the adoption of the AAP in 2011.

Policy DLPBH9 Office and Employment Uses in Brierley Hill

  1. Proposed development within the following Office and Employment Areas, as designated on the Brierley Hill Inset Plan Policies Map, shall be in accordance with the uses set out within this policy as being appropriate to a particular area. Proposed development for a use which is not acceptable to a particular designated area will be rejected unless it can be successfully evidenced as being subsidiary to, and, in support of an acceptable use.
    1. Woodside Local Employment Area – appropriate uses: those uses set out within Policy DLP19 of this plan, as being appropriate to Local Employment Areas
    2. Waterfront West Office Park – acceptable uses E(g) (i) (Offices); F1(a) (Education)
    3. Waterfront West Business Park – appropriate uses: E(g) (Offices, Research and Development facilities and light industrial development); B8 (Storage and Distribution); F1(a) (Education)
    4. Waterfront East Office Park – acceptable uses at first floor and above E(g) (i) (Offices)

Justification

1.83 Enterprise Zone status was granted to Dudley MBC for the DY5 Business and Innovation Enterprise Zone (DY5 EZ) in April 2017 for a period of 25 years (until March 2042). The DY5 Enterprise Zone comprises six main areas. Those areas within the plan area comprise:

  1. The Waterfront (8.03 Ha) - Existing development of Grade B office space.
  2. Archill (17.17 Ha) - undeveloped land comprising current use of surface car parking with some areas currently vacant and not presently in use.
  3. Harts Hill (14.79 Ha) - an area dominated by mixed quality industrial buildings in multiple ownerships.
  4. Canal Walk (7.02 Ha) - Land beside the canal overlooking the Merry Hill Centre.

1.84 The benefits for a company locating within DY5 EZ include up to £55,000 per year business rate discount over a five-year period. Broad uses were allocated for each of the specified areas within the EZ. Within the AAP area, these were: The Waterfront – offices; Archill – offices; Harts Hill – technology including Research and Development; Canal Walk – mixed including residential.             

1.85 These uses were reviewed within the DY5 EZ Review particularly focusing on their market attractiveness. In summary, they evidenced that for:

  • Offices - nationally there is a trend of occupiers wanting to locate in regional Central Business Districts, moving away from out of town and sub-regional centres. Businesses are gravitating to the large skills markets, hence the current trend towards regional CBD's such as Birmingham and that Dudley as a sub region having delivered no new office space within the last 12 months, with an overall vacancy rate of 4.5%.
  • Industrial – there is demand for sites and premises for large logistics companies, dominated by the fast-growing e-commerce sector. These urban logistics centres need easily accessible by the local road network, close to the population they need to serve and in locations where their 24-hour operations do not cause a nuisance to neighbours.

1.86 However, with regard to offices, the Centres Study identified The Waterfront as remaining a viable office destination, particularly given the benefits associated with that area's inclusion within DY5 EZ.             

1.87 That general evidence on market attractiveness, coupled with a lack of recorded new development for offices and industrial uses within Brierley Hill, led to the conclusion that the majority of areas previously allocated for such uses within the AAP needed to be reviewed and reallocated for alternative uses, including residential. This will support the need to meet housing growth targets and locate new residential development in sustainable locations.

1.88 It is therefore intended to allocate Harts Hill, Land at Waterfront Way and Level Street, and Canal Walk South as areas for residential use. However, it is considered that the potential loss of these industrial and office designations within the plan area will be counterbalanced by the following proposed broad locations for primarily the consolidation of the existing office and industrial employment uses:

  1. Woodside Local Employment Area
  2. Waterfront West Office Park
  3. Waterfront West Business Park
  4. Waterfront East

Table 1.3: Locations for the consolidation of employment and office uses.

Opportunity Site: Woodside Local Employment Area

Assessment: This is regarded as a relatively robust existing industrial area (a Local Employment Area) into which it is likely to prove difficult to accommodate alternative uses successfully, especially residential. In addition, the employment allocation for this area would help counterbalance the residential redevelopment of Harts Hill and potentially allow for some of the existing industries to relocate here. There is also considered scope for additional office development alongside the Midland Metro Station at Canal Street

Opportunity Site: Waterfront West Office Park

Assessment: The canalside office blocks, and the car parks off Waterfront West fall within DY5 EZ and have benefited from that designation, particularly in terms of the take-up of vacant office floorspace, including Cable House now accommodating a music faculty (Resonance). It is therefore considered appropriate that this area could be consolidated as primarily an office location, but also including education facilities as an acceptable use.

Opportunity Site: Waterfront West Business Park

Assessment: It is considered appropriate that these B1 allocations be carried forward and allow for the consolidated of this area as primarily an office location and for industrial employment uses, but also including education and training facilities. However, this is with the exception of the car park opposite The Landmark building which is proposed be allocated as a housing site.

Opportunity Site: Waterfront East (first floor and above)

Assessment: This area falls wholly within the DY5 EZ and comprises an office complex, which has a variety of ground floor uses including retail and bar and entertainment uses. It is considered appropriate to retain this established pattern of uses, retaining the upper floors office use, but allowing for the growth in entertainment uses at ground floor, to enable this area to consolidate as a Community and Leisure Zone/ night-time destination

(5) Policy DLPBHPS1 (Priority Site) Land at Waterfront Way and Level Street

  1. This site will be allocated for residential redevelopment. The site could deliver a minimum of 600 dwellings.
  1. Delivery phasing of dwellings:
    1. Residential development, in accordance with Policy DLP28. Indicative capacity of a minimum of 600 dwellings, but this is not a cap and capacity could vary depending on type and mix of housing provided.
    2. Proposals to take account of and complement the Metro route, stations and associated public realm provision.
      • 2033/2034 – 2037-2038 – 300 dwellings
      • 2038/2039- 2040/2041 – 300 dwellings
         
  2. This policy sets out the spatial framework and specific policy requirements – other standard policy requirements will also apply set out in the DLP and other Local Plan documents.
     
  3. The site is in private ownership.
     
  4. Impact on infrastructure provision:
  • School place impacts
    Analysis suggests that education infrastructure needs arising from the 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.
     
  • Health
    Analysis suggests that additional GP consulting rooms may be required as a result of residential growth in Brierley Hill, therefore contributions may be required to support this service provision on a site by site basis.
     
  • Highways impacts
    The site is highly accessible and has direct access to numerous alternatives to private car use, any proposals must provide high quality access to active modes of travel. Vehicular access is available off Waterfront Way and Level St. The number of access points required, and their design should be subject to further detailed transport assessment (that has been scoped and developed in consultation with the Council) and is dependent upon the nature of any proposed development scheme. Regard should be had to the impact of the Metro Route and its associated Station at the Waterfront, including any remodelling of the road layout on or around the site to facilitate the delivery of the Metro and safeguard the route for future extension.

    A key part of the site layout should be connections to the cycling and walking network within and around the strategic centre.
     
  • Biodiversity Net Gain
    There are no designated nature conservation assets on this site. Policy DLP31 and DLP32 will apply.
     
  • Open space requirements
    It will be necessary for the site to provide areas of open space that connect the development to the surrounding areas and connect to good-quality walking and cycling routes that provide access to the nearby Canal network.
     
  • Drainage
    Sustainable drainage systems that are sufficient to achieve greenfield runoff rates should be provided for the site, in accordance with Policy DLP43 and be approved by the LLFA.
     
  • Other considerations
    Due to the site's elevated location views into and out of the site should be considered as well as how the site responds to its wider surroundings and key views, including Panoramic Views 1 (PV1) and 2 (PV2) towards Netherton's Historic Church, St Andrews, and Vista 3 (V3) and Local Views 1 (LV1) and 4 (LV4).
     
  • Historic Environment
    The site is currently a large surface carpark created for the Waterfront Development c.1997. It is located in Major Character Zone Pensnett Chase and within Brierley Hill Character Zone 9 'Merryhill Shopping Centre'. Located to the north and west of this opportunity site is the Dudley No.1 Canal which is an Area of High Historic Townscape Value (AHHTV) and Archaeological Priority Area (APA) consideration therefore needs to be given to any potential impacts on their setting and significance. The land in the north of this site is higher than that in the south. The two areas were exploited differently in the past. The lower lying land (in and around Engine Lane) was occupied by collieries (there are two recorded mine shafts in this area) whilst on the higher ground stood the Level New Furnaces (HER 7837). For further information refer to the Brierley Hill HLC.
     
  • Design principles
    New development at this location will represent higher density development (likely to be a minimum of 95dph but parts of the site would be appropriate for even higher density development). New development should be perimeter blocks that clearly define public and private spaces. Any parking provided should be in the courtyard within the perimeter blocks or upper floors of multi-storey car park. All development should create active ground floor frontages facing any public ream and proposed Metro infrastructure. All new development should create a network of streets and spaces in line with the planning policies on Public Thoroughfares and Primary Public Spaces. Existing trees, ecology and watercourses should be protected and enhanced and incorporated into the proposed site layout. Building height will be assessed during detail design or planning application stages.
    Developments should ensure that the layout and design is informed by a Landscape and Visual Impact Assessment (LVIA) / Landscape Visual Appraisal (LVA)
  1. To ensure permeability, the layout should connect to the surrounding roads, pedestrian routes, and metro station. Additionally, the layout must also incorporate areas reserved for Midlands Metro Alliance (MMA) and the metro station.

(4) Policy DLPBHPS2 (Priority Site) The Embankment / Daniels Land

Land at The Embankment / Daniels Land

  1. This site will be allocated for residential redevelopment. The site could deliver a minimum of 300 dwellings (indicative capacity which is not a cap).
  1. Delivery phasing of dwellings:
    1. Residential development, in accordance with Policy DLP22. Indicative capacity of a minimum of 300 dwellings, this is not a cap and capacity could vary depending on type and mix of housing provided.
    2. Proposals should take account of and complement the Metro route, stations and associated public realm provision.
      • 2028/2029 – 2032/2033 – 150 dwellings
      • 2033/2034 – 2037/2038 – 150 dwellings
         
  2. This policy sets out the spatial framework and specific policy requirements – other standard policy requirements will also apply set out in the DLP and other Local Plan documents.
     
  3. The site is in private ownership.
     
  4. Impact on infrastructure provision:
    1. School place impacts
      Analysis suggests that education infrastructure needs arising from the 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.
       
    2. Health
      Analysis suggests that additional GP consulting rooms may be required as a result of residential growth in Brierley Hill, therefore contributions may be required to support this service provision on a site by site basis.
       
    3. Highways impacts
      The site is highly accessible and has direct access to numerous alternatives to private car use, any proposals must provide high quality access to active modes of travel. Vehicular access is available off Level Street, Venture Way and The Boulevard. The number of access points required, and their design should be subject to further detailed transport assessment (that has been scoped and developed in consultation with the Council) and is dependent upon the nature of any proposed development scheme. Regard should be had to the impact of the Metro Route and its associated Station at The Embankment, including any remodelling of the road layout on or around the site to facilitate the delivery of the Metro and safeguard the route for future extension.

      A key part of the site layout should be connections to the cycling and walking network within and around the strategic centre.
       
    4. Nature Conservation/Biodiversity net gain
      The Dudley No1 Canal runs through this site and is allocated as a SLINC through this section. Regard should be had to nature conservation status of the network at this point and considered in any proposals. Policy DLP31 and DLP32- Biodiversity Net Gain will apply.
       
    5. Canal Network
      Proposals should positively respond to and enhance the setting of the canal, proposals that do not address the canal in a positive manner will not be supported. Policy DLP36 will apply.
       
    6. Open Space Requirements
      Due to the site's proximity to the Canal, open space should provide linkages to easily access the towpaths for recreation and active travel.
       
    7. Drainage
      Sustainable drainage systems that are sufficient to achieve greenfield runoff rates should be provided for the site, in accordance with Policy DLP46 and be approved by the LLFA. Drainage should not adversely impact the Dudley Canal, and its water quality.
       
    8. Historic Environment
      This site is located in Major Character Zone Pensnett Chase and falls within two Brierley Hill Character Zones, CZ 2 'Area of modern and late 20th century industrial and commercial development' and CZ 9 'Merryhill Shopping Centre'. Running through the centre of this opportunity site is the Dudley No.1 Canal which is an Area of High Historic Townscape Value (AHHTV) and Archaeological Priority Area (APA), consideration therefore needs to be given to any potential impacts on setting and significance and to the fact that the course of the canal has been altered slightly and that archaeological remains of it may survive within the site. For further information refer to the Brierley Hill HLC.
       
    9. Other considerations
      Due to the sites elevated location views into and out of the site should be considered as well as how the site responds to its wider surroundings and key views across the Strategic Centre enhanced where possible. Panoramic View 2 (PV2) towards Netherton's Historic Church, St Andrews, and Skyline View 1 (SK1), Strategic View 2 (SV2) and Local Views 6 (LV6), 8 (LV8), 9 (LV9) and 20 (LV20) are particularly relevant.
       
    10. Design principles
      New development at this location will represent higher density development (likely to be a minimum of 100dph but parts of the site may be appropriate for even higher density development).
      New development should be perimeter blocks that clearly define public and private spaces. Parking should be in the courtyard within the perimeter blocks or upper floors of multi-storey car park. All development should create active ground floor frontages facing any public ream and proposed Metro infrastructure. All new development should create a network of streets and spaces in line with the planning policies on Public Thoroughfares and Primary Public Spaces, where appropriate there is potential to create new pedestrian bridge(s) over the canal to improve connectivity and permeability. Existing trees, ecology and watercourses should be protected and enhanced and incorporated into the proposed site layout. Building height will be assessed during detail design or planning application stages.
      Developments should ensure that the layout and design is informed by a Landscape and Visual Impact Assessment (LVIA) / Landscape Visual Appraisal (LVA).
       
  5. To ensure permeability, the layout should connect to the surrounding roads, pedestrian routes, and metro station at The Embankment, the layout must also incorporate areas reserved for Midlands Metro Alliance (MMA) and the metro station.

Leisure and Community Zone

1.89 As part of the vision for the plan area, and in order to benefit the health and wellbeing of Brierley Hill residents and strengthen community ties to Brierley Hill, it is proposed to increase leisure and community facilities available.             

1.90 To achieve this, three main community zones have been identified within the Inset Plan as Opportunity. These leisure and community zones we have identified are at:

  1. Brierley Hill Civic Core Zone
  2. The Waterfront East Entertainment Zone, and
  3. The Venture Way Health and Education Zone

Brierley Hill Civic Core

1.91 There are a cluster of existing community uses in close proximity to each other around the northern end of High Street, Talbot Street, Bank Street and Albion Street. It is considered that the area should be consolidated and strengthened as a civic core, to incorporate The Brierley Hill Civic Centre, which additionally serves as a youth centre); the Storehouse Community Centre; and the Jamia Masjid Rizvia Mosque.             

1.92 This civic core would also complement the recent HAZ funded project within this zone, to enhance the area of public open space in front of the Civic Centre. It is currently fenced off and could be enhanced to become a community focal point with improved landscaping and seating areas.             

1.93 This area will be designated as a new Opportunity Site and be allocated for community and entertainment uses (F1, F2 (b)) and theatres, venues for live performance, cinemas, concert halls, bingo halls and dance halls (Sui-Generis uses).

(1) Policy DLPBHOS1 Brierley Hill Strategic Centre Opportunity Site: Brierley Hill Civic Core

Acceptable Land Uses

  1. Proposed development within this Opportunity Site, as designated on the Brierley Hill Inset Plan Policies Map, shall be in accordance with the uses set out within this policy as being acceptable. Proposed development for a use which is not acceptable to this Opportunity Site will be rejected unless it can be successfully evidenced as being subsidiary to, and, in support of an acceptable use.
  1. Mixed use development including:
    1. Class F1 uses – learning and non-residential institutions,
    2. Class F2 uses – local community,
    3. Sui Generis uses – theatres, venues for live performance, cinemas, concert halls, bingo halls and dance halls.

The Waterfront East Entertainment Zone

1.94 This area was previously an established and successful area of office development with bars and restaurants around the canal basin. The number of bars and restaurants in the area has since declined but have, however, more recently shown signs of a recovery, with a number of new retail uses being established particularly in ground floor units within Waterfront East. This is likely to have at least partly been occasioned by the recent conversion of the nearby former offices at Point North into 180 flats.             

1.95 The arrival of the Music Faculty at Cable Plaza and the potential for associated student accommodation to be provided nearby would further add to the vitality of this area, in providing in-situ customers for retail and entertainment uses at this location. The revitalisation of the night-time economy here would also accord with the vision for Brierley Hill.

1.96 This area is identified as a new Opportunity Site and allocated for appropriate acceptable uses to enable bars and restaurants and small local shops to re-establish within ground floor units at Waterfront East.

Policy DLPBHOS2 Brierley Hill Strategic Centre Opportunity Site: The Waterfront East Entertainment Zone

Acceptable Land Uses (at ground floor only)

  1. Proposed development within this Opportunity Site, as designated on the Brierley Hill Inset Plan Policies Map, shall be in accordance with the uses set out within this policy as being acceptable. Proposed development for a use which is not acceptable to this Opportunity Site will be rejected unless it can be successfully evidenced as being subsidiary to, and, in support of an acceptable use.
  1. Mixed use development including:
    1. Class E uses – commercial, business and service uses
    2. Class F2 uses – local community
    3. Sui Generis uses – amusement arcades, nightclubs, casinos, public houses, hot food takeaways (where the provisions of Policy DLP26 can be met), taxi businesses (limited to one within this Opportunity Site), venues for live performances and cinemas

The Venture Way Health and Education Zone

1.97 The establishment of the existing Brierley Hill Health and Social Care Centre and the Dudley College Art and Design Centre (Inspired) within close proximity to each other, on the eastern side of Venture Way, provides an opportunity to designate a Health and Education Zone within this part of the Strategic Centre.

1.98 The Buddhist Temple and The Poplars (Dudley Health Priority Trust) Centre are also within this area. It includes the currently vacant areas of land adjoining the College building through which the Metro line is proposed, with any residual land left over after the line is implemented used for an expansion of the college facilities or a similar, complementary use, and landscaping.

Policy DLPBHOS3 Brierley Hill Strategic Centre Opportunity Site: The Venture Way Health and Education Zone

Acceptable Land Uses

  1. Proposed development within this Opportunity Site, as designated on the Brierley Hill Inset Plan Policies Map, shall be in accordance with the uses set out within this policy as being acceptable. Proposed development for a use which is not acceptable to this Opportunity Site will be rejected unless it can be successfully evidenced as being subsidiary to, and, in support of an acceptable use.
  1. Mixed use development including:
    1. Class C2 uses – residential institutions,
    2. Class F1 uses – learning and non-residential institutions.

Evidence

  • Responses to the BCP Draft Plan consultation (2021)
  • Black Country Centre Study (2020) and Update (2021)
  • Responses to Brierley Hill Plan Issues and Options consultation (2022)
  • Black Country Historic Landscape Characterisation (2010)
  • Black Country Historic Landscape Characterisation Study (2019)
  • Borough-Wide Urban Historic Landscape Characterisation Study (2016/2023)
  • Historic Environment Supplementary Planning Document (2017)
  • Historic Landscape Characterisation for Brierley Hill
  • Brierley Hill High Street Character Appraisal (2009)
  • Delph Nine Locks Character Appraisal (2007)
  • Dudley People's Panel - feedback on Brierley Hill town centre (2019)
  • Historic Environment Record (HER)
  • National Design Guide
  • Historic England Good Practice Advice Notes (GPAs) and Historic England Advice Notes (HEANs)

Delivery

  • Historic Landscape Characterisation documents
  • Adopted Conservation Area Character Appraisals
  • Development Management process including Design and Access Statements and Statements of Heritage Significance
  • Supplementary Planning Documents
  • A regularly updated and maintained Historic Environment Record (HER).

Monitoring

Table 1.4: Brierley Hill Monitoring Indicators

Policy

Indicator

Target

BH1

Amount of new retail floorspace (Class E(a)) granted planning permission in the Town Centre boundary but outside the Town Centre Core Area.

Quantity and type of development granted planning permission for main town centre uses and residential development within the Town Centre boundary.

Target: 0

In accordance with the policy (diversification that contributes towards vitality and viability- Health Check monitoring).

No increase/reduction in year-on-year vacancy rates (Health Check monitoring).

BH2

Number of Planning Permissions contrary to the recommendations of the LPA Historic Environment or Urban Design officer.

Target: 0

BH3

Number of Planning Permissions contrary to the recommendations of the LPA Historic Environment or Urban Design officer.

Target: 0

BH4

Number of new trees planted in Brierley Hill

Target: 5000 trees up to 2041

BH5

Number of Planning Permissions contrary to the recommendations of the LPA Historic Environment or Urban Design officer

Target: 0

BH6

Number of Planning Permissions contrary to the recommendations of the LPA Historic Environment Officer

Target: 0

BH7

Delivery of identified sustainable transport projects.

In accordance with Policy

BH8

Quantity and type of development granted planning permission for residential development within the Town Centre boundary.

BH9

No Net Loss of office or Local Employment land

Target: 0

Priority Sites

BH PS1 and PS2

Quantity and type of development granted planning permission at each Priority Site.

In accordance with Priority Site policies

Opportunity Sites BH OS1, OS2 and OS3

Quantity and type of development granted planning permission at each Opportunity site.

In accordance with Opportunity Site policies


Figure 1.5: Brierley Hill Inset Plan

This plan shows the Brierley Hill Inset Area. This includes the town centre core areas of Brierley Hill and Merry Hill. It also shows the Town Centre Opportunity sites and proposed housing allocations which are listed in Table 1.1.

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