Part One: Spatial Strategy and Policies (Regulation 19)

3.1. The Draft DLP has been prepared in accordance with the National Planning Policy Framework (NPPF 2023) and its associated Planning Practice Guidance (PPGs) and best practice advice notes produced by Historic England. The NPPF sets out the national approach to planning in England and emphasises the role of sustainability in guiding plans and policies, setting out three dimensions to sustainable development, these being economic, social and environmental.

3.2. National policy requires that all plans set out a vision and a framework for future development and seek to address the strategic priorities for the area. The strategic policies for an area should include policies and site allocations to address key issues such as:

3.3. Plans should be clear in identifying strategic policies. They should form a starting point for local non-strategic policies which can include more detailed development management policies. Strategic policies should include a clear spatial strategy for bringing forward enough land to address housing needs over the plan period and be underpinned by relevant and up to date evidence. It is now a legal requirement to have completed a review of the Local Plan within 5 years of its adoption to take account of changing circumstances affecting the area.

3.4. The NPPF sets out that Local Plans should be prepared in line with procedural and legal requirements and will be assessed on whether they are considered 'sound'. Plans are considered sound if they are: positively prepared, justified, effective, and consistent with national policy.

3.5. Dudley is a constituent member of the West Midlands Combined Authority (WMCA) which was established in 2016. The WMCA overarching objective is to build 'a better connected, more prosperous, fairer, greener and healthier West Midlands'. To deliver this objective, the WMCA have developed a number of strategies and associated programmes relevant to the preparation of the DLP. These are summarised below.

3.6. The WMCA Strategic Economic Plan (SEP) was adopted in 2016 and sets out the vision, objectives, strategy and actions needed to improve the quality of life for everyone who lives and works in the West Midlands. While this strategy pre-dates Britain leaving the European Union, the Covid-19 recession, and ongoing shifting economic turbulence, it outlines a number of high-level challenges facing the West Midlands which remain relevant. These include:

3.7. WMCA produced the West Midlands Local Industrial Strategy (LIS) which was published in May 2019. The LIS demonstrates how the West Midlands is forging its future and building an inclusive and balanced economy. Together with the supporting documents published locally, it shows the West Midlands is taking action to continue growth in productivity and earning power for all.

3.8. In July 2022, the WMCA published their Plan for Growth which captures the key features of the West Midlands economy. The Plan for Growth pinpoints clusters where the West Midlands has comparative advantage and businesses are confident to invest. Working in conjunction with local authorities and universities as local anchor institutions, the WMCA will deliver conditions for growth through:

3.9. WMCA's strategies have formed the basis for a range of investment programmes supported by Government funding packages. One of the priorities for this funding is the delivery of projects which provide land for new homes and employment. WMCA has led the way nationally in the delivery of brownfield land, including sites in Dudley, and moving forward, over the lifetime of the DLP, this activity will continue, providing valuable support to unlock constrained sites and deliver critical infrastructure. The focus of this future work includes supporting projects in town centres to enable them to thrive again, innovative approaches to the delivery of sustainable homes, zero carbon homes and the delivery of land to support business needs.

3.10. Dudley Council will continue to work closely with the WMCA to drive forward investment in housing, regeneration, transport and employment to deliver a better connected, more prosperous, fairer, greener and healthier West Midlands.

3.11. The West Midlands Local Transport Plan (LTP) 2011-2026 Movement for Growth sets out clear objectives for dealing with transport issues, problems and challenges in the wider region and within the Black Country sub-region. It draws on a number of national, regional and local planning and transportation policy documents to ensure that the strategy guides the delivery of wider objectives. A new West Midlands LTP is being developed to replace Movement for Growth and will set out overall aims, vision and approaches to guide the development and delivery of transport policies until the end of 2041. The emerging strategy seeks to: sustain economic success; create a fairer society; support local communities and places; become more active; and tackle the climate emergency.

3.12. The Black Country – made up of the local authorities of Dudley, Sandwell, Walsall and Wolverhampton - forms a distinctive sub-region on the western side of the West Midlands conurbation. It shares an eastern boundary with the City of Birmingham and to the north, west and south it is bounded by districts in Staffordshire, Shropshire and Worcestershire, it is in relative proximity to the local authority areas of South Staffordshire, Wyre Forest, Shropshire and Bromsgrove. The Black Country sub region has a unique economic history, settlement form and topography and is very much shaped by its industrial past.

3.13. The four Black Country Authorities (BCAs) have a shared set of social, economic, and environmental issues and challenges, and have a long history of successful joint working most notably through the Black Country Local Enterprise Partnership (LEP). The LEP was established in 2011 with an overarching objective of creating jobs and building a strong economy by tackling barriers to sustainable growth, securing and delivering a total of £2.4bn of funding. The LEP has now been disbanded, along with others throughout England, with key functions transferred to other organisations including WMCA.

3.14. The Council's current adopted local plans (Black Country Core Strategy and Dudley Borough Development Strategy) and the DLP set out the Council's regeneration aspirations for the borough and provide a basis for the public and private sector investment decisions, including the devolved housing and land funds agreed with Government, the Towns Fund, levelling up funding and other regeneration led funds.

3.15. The DLP, once adopted, will help to deliver the Council's priorities across a range of policy areas through addressing climate change, supporting sustainable development and appropriate land use.

3.16. Under current legislation, local plans are required to identify a clear vision setting out what the authority wants to achieve through its approach to land use and development and setting out the strategic priorities to achieve this.

3.17. The Vision set out in the Draft DLP has been guided by the Council's adopted corporate strategies. "Forging a Future for All" is the borough's Vision to 2030 which was developed with extensive engagement with stakeholders. The Vision sets out seven aspirations of what it would like the borough of Dudley to be:

3.18. This Vision has been used to inform the Vision for the DLP.

3.19. The Council's previous Council Plan that was expected to run from 2002 to 2025 was suspended in March 2024 and replaced with a new one-year plan for 2024-25. This Plan has been produced as part of the Council's Fit for the Future programme and reflects the Council's focus on becoming a financially sustainable organisation.

3.20. The interim Council Plan focuses on priorities and projects that will support the overall sustainability of the Council and the services we deliver to our residents and support the delivery of the Council's improvement and sustainability programme.

3.21. The new plan has 5 key priority areas which are supported by additional narrative on the outcomes that the Council aims to achieve including the need to improve its governance, decision making, leadership and financial resilience whilst maintaining the delivery of core services to our residents and communities:

3.22. The Health and Wellbeing Board's vision for Dudley to 2028 is that the borough will be a place where everyone lives longer, safer and healthier lives. The Strategy will focus its resources and energy on 3 goals which will have the biggest impacts on people's health and wellbeing:

3.23. Across all of these 3 goals the Board will embed an approach to reduce health inequalities – to close the gap in health and wellbeing for the most disadvantaged families and communities and ensure a focus on the wider determinants of health such as income and employment, unleash the potential of our communities, and deliver services furthest and fastest to those who need them most.

3.24. The Dudley Climate Change Action Plan is the Council's commitment to action to address climate change following its declaration of a Climate Emergency in July 2020. The Council pledged to make all council activities net carbon zero by 2030 and has also pledged to work with partners to make Dudley a net carbon zero borough by 2041.

3.25. Achieving these targets will require the Council to embed low carbon practices within its planning policy, land allocations, development and regeneration, and to work closely with its partners to maximise the use of low carbon solutions.

3.26. The Council has produced an Economic Regeneration Strategy to shape a more prosperous, more equitable and more sustainable economy in which businesses and communities thrive.

3.27. The strategy outlines the Council's proposed approach to economic development and regeneration and how the Council will work alongside partners to support the local economy to grow. The strategy is based upon four key themes of: unlocking enterprise and innovation, investing in people and building skills for tomorrow, creating a vibrant creative and cultural environment, and supporting the visitor economy and reinventing town centres across the borough. These four themes are underpinned with a cross-cutting priority of maximising the impact of Midland Metro and driving investment in future connectivity.

3.28. The strategy will inform the main focus of the Council's regeneration and enterprise work and will seek to achieve the following outcomes for the Borough:

3.29. Delivering these aims will require a positive spatial planning framework

3.30. Under the Localism Act 2011, Local Planning Authorities have a legal duty to co-operate (DtC) with neighbouring authorities and other prescribed bodies on strategic matters that cross administrative boundaries. Strategic matters can include housing, employment, infrastructure, and the green belt. The Council has been working collaboratively with neighbouring authorities and prescribed bodies on cross boundary issues and infrastructure requirements for a number of years (including the period before the end of the Black Country Plan) and will continue to do so as the DLP progresses through to adoption stage.

3.31. The NPPF presumption in favour of sustainable development makes it explicit that authorities should plan for their own objectively assessed needs for housing and other development, as well as any needs that cannot be met in neighbouring areas. Agreement through Statements of Common Ground (SoCG) are now a necessity and will document the cross-boundary matters that need to be addressed and what progress has been made in dealing with them.

3.32. The Council's Duty to Co-operate Statement prepared to support the Publication stage of the DLP demonstrates how Dudley MBC has fulfilled its duty through the preparation of the DLP and how the relevant bodies and DtC engagement, as referred to in the Localism Act, have helped to shape the emerging Plan.

3.33. Draft Statements of Common Ground have been produced to support the Publication Plan stage of the DLP with relevant authorities and bodies on key Duty to Co-operate issues. These Statements of Common Ground will be formalised following the consultation on the Regulation 19 Publication Plan and prior to the submission of the Plan to the Secretary of State.

3.34. Duty to Co-operate discussions have been ongoing with neighbouring authorities and potential contributions to the Black Country and the Greater Birmingham and Black Country Housing Market Area (GBBC HMA) have been offered through several Local Plans, however these are still to adopted and the offers may change.

3.35. As of August 2024, the following contributions have been offered towards the unmet housing and employment land needs of the Black Country Authorities and Birmingham City Council. These contributions are subject to each local authority testing this through their local plan review and/or local plan examinations. These contributions will go some way in reducing the shortfalls identified for Dudley. However, it should be noted that contributions made to the Black Country Authorities, Greater Birmingham/Black Country HMA or Black Country FEMA will need to be apportioned to each authority via agreement and Statements of Common Ground. The tables below set out the potential contributions to date and will be updated as necessary and when contributions have been confirmed.

3.36. The preparation of a Local Plan must be based on a wide variety of up to date and robust evidence, providing technical information specific to Dudley or the sub-region.

3.37. A considerable body of evidence, background documents and data covering a range of planning issues supported the preparation of the BCP and the DLP. These are available on the Council's website: https://www.dudley.gov.uk/localplan. After each policy in this document there is a bullet point list of the key evidence that has helped shape that policy.

3.38. The evidence base to support the preparation of the DLP has been updated where necessary alongside each stage of the plan making process.

3.39. All local plans must contribute to achieving sustainable development, aiming to achieve a better quality of life for all, both now and for future generations. A Sustainability Appraisal (SA) is a statutory requirement, which ensures that the environmental, social and economic effects of a plan and reasonable alternatives to the plan are being considered. The SA assesses the sustainability of the strategic approach, proposed allocations and reasonable alternatives, and the content of the policies contained in a plan.

3.40. The Local Plan must contribute to achieving sustainable development, aiming to achieve a better quality of life for all, both now and for future generations. A Sustainability Appraisal (SA) is a statutory requirement which ensures that the environmental, social and economic effects of a plan and reasonable alternatives to a plan are being considered A separate SA was prepared to appraise proposals at each stage of Local Plan preparation and was subject to consultation. The SA assesses the sustainability of the strategic approach, proposed allocations and reasonable alternatives, and the content of the policies contained in the plan. The SA findings have been used to help refine policy choices and site options through to the final proposals set out in the Local Plan. Copies of the SA can be viewed on the Council's website: https://www.dudley.gov.uk/localplan.

3.41. The Habitats Directive establishes an ecological network of protected European Sites (Natura 2000 Network) and requires consideration of whether or not an Appropriate Assessment needs to be undertaken during the preparation of a Local Plan. The purpose is to assess what effects, if any, the plan might have on protected European sites.

3.42. A Habitats Regulations Assessment (HRA) has be undertaken as required by Regulation 61 of the Conservation of Habitats and Species Regulations 2010 (as amended) in order to see whether the plan could have the potential to result in likely significant effects upon protected European sites and sites of international importance for nature conservation.

3.43. Further information on the HRA process can be found in the HRA documentation and on our website: https://www.dudley.gov.uk/localplan.

3.44. The Council has a duty under the Equality Act 2010 to carry out an Equality Impact Assessment (EqIA) for all plans, strategies and proposals in order to eliminate unlawful discrimination, promote equality of opportunity and promote good relations between people of different equality groups. The protected characteristic groups include age, disability, gender reassignment, religion/belief, pregnancy and maternity, sexual orientation and sex; all of which are considered to be at particular risk of discrimination.

3.45. The Council has published an EqIA to accompany this Local Plan. The EqIA has been updated at each stage of the Plan process.

3.46. Dudley Council, alongside other Black Country Authorities, were involved in the preparation of a replacement Plan to the Black Country Core Strategy. Work on the Black Country Plan (BCP) commenced in 2017 with an Issues and Options consultation and progressed to a Draft Plan (Regulation 18) consultation in Summer 2021. Work on the production of the joint BCP officially ceased in October 2022.

3.47. The preparation of the DLP commenced in November 2022. Given the work that had already been undertaken on the BCP, both in terms of evidence gathering and policy writing, and acknowledging that it had been through two public consultations (including an Issues and Options consultation in 2017 and Draft Plan Regulation 18 consultation in 2021), the Council took the decision that there was merit in retaining and adapting some of the policies to be taken forward in the DLP. In addition, the Council consulted on an Issues and Options consultation for the review of the Brierley Hill AAP in 2022.

3.48. On this basis, the Council produced a 'hybrid local plan' which acknowledges the issues and the responses made during the draft BCP public consultations and the Brierley Hill AAP Issues and Options consultation as well as the issues informed by our evidence base.

3.49. The DLP includes policies previously seen and consulted on in the BCP and has adapted these policies to make them more specific to our borough. It is likely that other Black Country councils will be doing the same, including similar or shared policies on certain issues such as pollution, transport, nature conservation networks and other more strategic aspects of land use. This will make it much easier to ensure such matters are dealt with in a more effective way across boundaries.

3.50. The consultation of the Draft DLP (Regulation 18) responded to the issues raised by the public and others during the public consultation on the draft BCP (held during Summer 2021) and Brierley Hill AAP Issues and Options consultation from January – February 2022.

3.51. Stakeholder engagement throughout the BCP plan preparation and the Brierley Hill AAP Issues and Options consultation confirmed a number of issues and challenges in Dudley that should be addressed by the new DLP. Alongside this, the technical evidence based produced to inform the Plan has identified some of the key issues to be considered and addressed as part of the plan making process.

3.52. A summary of the key issues raised in both consultation is set out in the Draft Plan Consultation Statement October 2023.

3.53. The consultation on the Draft DLP (Regulation 18) held between November to December 2023 was the first stage of public consultation on the Draft DLP. This Draft Plan built upon previous consultations as discussed in para 2.49 and 2.50 taking on board all representations received. This consultation set out the proposed site allocations to meet the preferred strategy, strategic policies and Development Management policies and asked for views on these.

3.54. A summary of the key issues /representations received and our response to these is set out in the Draft Dudley Local Plan (Regulation 18) Consultation Statement 2024.

3.55. The representations received on the Plan consultations, alongside our existing and updated evidence base throughout plan preparation process, has confirmed a number of issues and challenges in Dudley that should be addressed by the new Local Plan and has helped to shape key plan policies and directions. These issues and challenges are summarised briefly below in Tables 3.2-3.4.

3.56. This stage of Local Plan consultation is known as a Regulation 19 consultation and representations at this stage must focus on whether the plan meets the tests of soundness set out in the NPPF. This is the plan that will be submitted for independent examination.