Object

Representation ID: 1221

Received: 25/11/2024

Respondent: Goldfinch Town Planning Services (West Midlands)

Legally compliant? No

Sound? No

Duty to co-operate? No

In the Dudley Metropolitan Borough, the main contributor to poor urban air quality is from the emissions produced by transport. The two most harmful are Nitrogen Dioxide (NO2) and Fine Particulate Matter (PM2.5). There is a particular problem of very poor air quality within the Dudley Borough inner urban area, given that existing road networks within this area are already heavily congested. The traffic highway congestion implications of focusing proposed
10,470 new homes within the urban area will be considerable. Given that existing road infrastructure networks within urban areas within the Dudley Metropolitan Borough are already heavily constrained and heavily congested with vehicular traffic. They have no capacity to accommodate this significant scale of new traffic growth.

74. We question the robustness of the air quality assessments submitted to support the council’s emerging Local Plan Review. We are concerned that the air quality assessments do not consider all the likely air quality effects of the development in combination, and against a reliable baseline of existing air quality.
75. There are already air pollution exceedances, particularly NOx, in heavily
urbanised parts of the Dudley Metropolitan Borough. The proposed spatial planning policy approach towards the distribution of new housing development within the urban area and removal of urban woodlands would only worsen air quality issues, resulting in damaging impacts on local residents and their health. The Council is being both irresponsible and negligent in its duty of care and function as the Local Planning Authority, in its failure to protect public health from proposals within the emerging Local Plan Review which will cause severe air quality safety concerns. We have concerns about the ongoing failure of the LPA to protect public health within policies being brought forward through the emerging Local Plan Review. Dudley Council has a Legal duty under Article 2 of the Human Rights Act (1998) to ensure that the health of its local residents is protected when the Council is making decisions on formal planning applications, and when the Council’s Planning Policy Team is preparing emerging Local Plan Reviews (Development Plan Reviews).

Comment

Representation ID: 1373

Received: 27/11/2024

Respondent: CPRE West Midlands Group

Agent: CPRE Worcestershire

DLP44.1b seems to be prejudiced against the use even of electric vehicles. With a large proportion of journeys made by car, this is an irrational policy, however desirable less car usage may be.
Similarly, DLP44.1d is hopelessly idealistic for planning in an existing built-up area. Accordingly, it is unsound.

Comment

Representation ID: 1493

Received: 29/11/2024

Respondent: Canal and River Trust

Note the removal of ‘Emissions from Construction Sites’ within the justification text for Policy DLP44 and requests its reinstatement given its alignment with our regular requests for Construction and Environmental Management Plans within our statutory consultation responses to planning applications.

Support

Representation ID: 1534

Received: 29/11/2024

Respondent: Natural England

Please note that our previous advice at Reg 18 (Reference 456385 - 22nd December 2023) made recommendations into how the Plan could be strengthened. These recommendations remain valid and so is not repeated here. Please note that Natural England has not provided advice on all aspects of the plan, instead focusing on aspects within Natural England's remit; the absence of comments on a policy should not be taken as Natural England giving support

We recognise that this consultation focuses itself upon a need to preliminarily test the potential for soundness. With this in mind, Natural England welcomes this positive, well prepare and justified plan for the future of Dudley that is sound and legally compliant. We particularly welcome the numerous references to the natural environment throughout the plan.

: Are judgement of soundness is based on Dudley’s ongoing ‘Duty to Cooperate’ commitment in engaging Natural England and other local partners in developing an appropriate policy that will support Air Quality challenges upon the protected sites in the extra-local area as outlined in section 8 of the
Habitats Regulation Assessment (HRA).

We agree with the conclusion of your HRA, though the reasoning linked to Air Quality still requires attention and that this is being dealt with through a Statement of Common Ground between us both. We feel you have these Air Quality challenges in-hand and that they are thus resolvable as we continue ongoing advisory guidance with you and other local authority partners (via the Cannock Chase SAC Air Quality study) who are also in need of support on this. As such, our ongoing advice and guidance during this interim period will help amend and agree the HRA and AA.