Part One: Spatial Strategy and Policies (Regulation 19)
Balancing Employment Land and Housing
9.50. New housing and employment developments on previously developed land not allocated for these uses can make an important and positive contribution towards meeting future development needs. The following policy sets out the approach for assessing windfall employment and housing developments, ensuring they are located in suitable and sustainable locations, as well as the protection of existing business uses from non-industrial development. Such development proposals will also need to consider the Plan's other relevant development management policies, such as DLP8 Health and Wellbeing and DLP39 Design Quality.
Policy DLP22 Balancing Employment land and Housing
1. Development of housing or employment (E(g) (ii) (iii), B2 or B8 class uses) on previously developed land that is not allocated for these uses ("windfall sites") will be permitted where the proposal accords with other Local Plan policies and subject to meeting all the following criteria:
- They are in sustainable locations that are suitable for the proposed use.
- They demonstrate a comprehensive approach, by making the best use of available land and infrastructure.
- Incremental development will only be allowed where it would not prejudice the master-planning of the wider area.
- Proposals for new development must take account of existing adjacent activities where the proposed development could have an adverse effect on or be affected by neighbouring uses. Mitigation of the impact of noise and other potential nuisances will need to be demonstrated.
Justification
9.51. Locating the right development in the right place ensures that proposals are sustainable, have a positive relationship with the surrounding area and uses, and integrate well, complementing the character of their location.
9.52. Policies DLP10 and DLP18 allocates sites for residential, and employment uses based on the anticipated availability of land for development at the time of the preparation of the Plan. However, there will always be windfall sites put forward for development in areas where it is not currently anticipated, and it is important that such development is brought forward in a comprehensive way.
9.53. Existing businesses wanting to grow should not have unreasonable restrictions put on them because of a change in nearby land uses since they were established. Therefore, new developments will need to reflect the 'agent of change' principle by proving that the person or business responsible for the proposed new development / change is responsible for managing the impact of that change in relation to noise and other potential nuisances generated by existing land uses in the vicinity. Similarly, where an existing business or community facility could have a significant adverse effect on new development (including changes of use) in its vicinity, the applicant will need to provide mitigation before the development has been completed.
Evidence
- Economic Development Needs Assessment (EDNA) (2023)
- Black Country Area Review Report (BEAR) (2021)
- Strategic Employment Land Review
Delivery
- Development Management process
- Economic Development partners in promoting development opportunities and improvements programmes.