Comment

Representation ID: 43

Received: 07/12/2023

Respondent: Birmingham and Black Country Wildlife Trust

- Suggest that point 5 of this policy should aim for the design of new development to integrate into green and blue infrastructure, in order to strengthen these links borough-wide and tie in to the Local Nature Recovery Network

Object

Representation ID: 319

Received: 21/12/2023

Respondent: Barberry Summerhill Limited

Agent: Harris Lamb

Policy DLP 39 Design Quality
Barberry have a number of concerns with the policy particularly where there are overlapping forms of control such as Part 1D which refers to Secured by Design, which is now covered by Part Q of the Building Regulations. As both are covered in other legislation we query why it is necessary to include it within a policy in the Plan.
Part 4 of the policy states that all new residential development will be required to meet the Nationally Described Space Standards (“NDSS”). The PPG is quite clear that Councils need to gather evidence first to determine whether there is a need for additional standards in their area and justify setting up appropriate policies in their Local Plan. Has sufficient evidence been gathered to demonstrate that all new properties are required to meet NDSS?
Notwithstanding whether there is evidence to require the provision of all new dwellings to accord with NDSS if the requirement were to be applied this would have a number of significant implications for the Council. Firstly, NDSS means larger houses have to be built in order to comply with the standards. This would mean the density of development would decrease and the number of houses that can be delivered on land identified on housing will decrease. The decrease will result in fewer homes being delivered within the Borough and thereby decreasing the supply of housing and potentially resulting in housing need going unmet. A further consequence is this could place additional pressure on adjoining authorities in order to have to make up an even larger shortfall of housing that is needed in Dudley but which cannot be accommodated within the area.
Delivering NDSS could also potentially have implications on scheme viability particularly when this is taken into account along with remediation costs, design quality, provision of open space, achieving biodiversity net gain and achieving energy efficiency targets. In seeking to achieve all of these policy objectives could have an adverse impact on scheme viability that would restrict the delivery of new homes in the Borough.

Object

Representation ID: 385

Received: 21/12/2023

Respondent: Worcester Lane Limited

Agent: Harris Lamb

Policy DLP 39 Design Quality
WL have a number of concerns with the policy particularly where there are overlapping forms of control such as Part 1D which refers to Secured by Design, which is now covered by Part Q of the Building Regulations. As both are covered in other legislation we query why it is necessary to include it within a policy in the Plan.
Part 4 of the policy states that all new residential development will be required to meet the Nationally Described Space Standards (“NDSS”). The PPG is quite clear that Councils need to gather evidence first to determine whether there is a need for additional standards in their area and justify setting up appropriate policies in their Local Plan. Has sufficient evidence been gathered to demonstrate that all new properties are required to meet NDSS?
Notwithstanding whether there is evidence to require the provision of all new dwellings to accord with NDSS if the requirement were to be applied this would have a number of significant implications for the Council. Firstly, NDSS means larger houses have to be built in order to comply with the standards. This would mean the density of development would decrease and the number of houses that can be delivered on land identified on housing will decrease. The decrease will result in fewer homes being delivered within the Borough and thereby decreasing the supply of housing and potentially resulting in housing need going unmet. A further consequence is this could place additional pressure on adjoining authorities in order to have to make up an even larger shortfall of housing that is needed in Dudley but which cannot be accommodated within the area.
Delivering NDSS could also potentially have implications on scheme viability particularly when this is taken into account along with remediation costs, design quality, provision of open space, achieving biodiversity net gain and achieving energy efficiency targets. In seeking to achieve all of these policy objectives could have an adverse impact on scheme viability that would restrict the delivery of new homes in the Borough.

Comment

Representation ID: 409

Received: 22/03/2024

Respondent: Home Builders Federation

Agent: Home Builders Federation

In light of the new NPPF revision HBF are keen to understand if and when the Council is intended to produce a Borough Wide Design Code. The HBF supports the Government’s intention to set standards for energy efficiency through the Building Regulations. The key to success is standardisation and avoidance of individual Council’s specifying their own policy approach to energy efficiency, which undermines economies of scale for product manufacturers, suppliers and developers. The Councils do not need to set local energy efficiency standards in a Local Plan policy because of the higher levels of energy efficiency standards for new homes set out in the 2021 Part L Interim Uplift and proposals for the 2025 Future Homes Standard, which are currently out for consultation. HBF does not support the introduction of the optional Nationally Described Space Standards though policies in individual Local Plans. If the Council wanted to do this, they will need robust justifiable evidence to introduce the NDSS, as any policy which seeks to apply the optional nationally described space standards (NDSS) to all dwellings should only be
done in accordance with the NPPF1, which states that “policies may also 1 para 130f & Footnote 49 make use of the NDSS where the need for an internal space standard can be
justified”.
The NPPF requires that all policies should be underpinned by relevant and up to date evidence, which should be adequate, proportionate and focussed tightly on supporting and justifying the policies concerned. The
PPG identifies the type of evidence required to introduce such a policy. It states that ‘where a need for internal space standards is identified, local planning authorities should provide justification for requiring internal space policies. Local planning authorities should take account of the following areas:

• Need – evidence should be provided on the size and type of dwellings currently being built in the area, to ensure the impacts of adopting space standards can be properly assessed, for example, to consider any potential impact on meeting demand for starter homes.
• Viability – the impact of adopting the space standard should be considered as part of a plan’s viability assessment with account taken of the impact of potentially larger dwellings on land supply. Local planning authorities will also need to consider impacts on affordability where a space standard is to be adopted.
• Timing – there may need to be a reasonable transitional period following adoption of a new policy on space standards to enable developers to factor the cost of space standards into future land acquisitions’.
HBF also remind the Council that there is a direct relationship between unit size, cost per square metre (sqm), selling price per sqm and affordability. The Council’s policy approach should recognise that customers have different budgets and aspirations. An inflexible policy approach to NDSS for all new dwellings will impact on affordability and effect customer choice. Well-designed dwellings below NDSS can provided a good, functional home. Smaller dwellings play a valuable role in meeting specific needs for both open market and affordable home ownership housing. An inflexible policy approach imposing NDSS on all housing removes the most affordable homes and denies lower income households from being able to afford homeownership. The introduction of the NDSS for all dwellings may mean customers purchasing larger homes in floorspace but with bedrooms less suited to their housing needs with the unintended consequences of potentially increasing overcrowding and reducing the quality of their living environment. The Council should focus on good design and usable space to ensure that dwellings are fit for purpose rather than focusing on NDSS. If the proposed requirement for NDSS is carried forward, then the Council should put forward proposals for transitional arrangements. The land deals underpinning residential sites may have been secured prior to any proposed introduction of the NDSS. These sites should be allowed to move through the planning system before any proposed policy requirements are enforced. The NDSS should not be applied to any reserved matters applications or any outline or detailed approval prior to a specified date.

Object

Representation ID: 453

Received: 13/12/2023

Respondent: Revelan Developments Ltd

Agent: Harris Lamb

Policy DLP 39 Design Quality
We have a number of concerns with the policy, particularly where there is dual regulatory control such as Part 1D, which refers to Secured by Design, which is now covered by Part Q of the Building Regulations. As both are covered in other legislation we query why it is necessary to include it within a policy in the Plan.
Part 4 of the policy states that all new residential development will be required to meet the Nationally Described Space Standards (“NDSS”). The Framework and PPG are quite clear that Councils need to gather evidence to determine whether there is a need for additional standards in their area and justify including such policies in their Local Plan. There is no reference to what evidence has been gathered to demonstrate that all new properties are required to meet NDSS in the draft Plan.

Notwithstanding whether there is evidence to require the provision of all new dwellings to accord with NDSS if the requirement were to be applied this would have a number of significant implications for the Council. Firstly, NDSS means larger houses have to be built in order to comply with the standards. This would mean the density of development would decrease and the number of houses that can be delivered on land identified on housing will decrease. The decrease will result in fewer homes being delivered within the Borough and thereby decreasing the supply of housing and potentially resulting in housing need going unmet.
Delivering NDSS could also potentially have implications on scheme viability particularly when this is taken into account along with remediation costs, design quality, provision of open space, achieving biodiversity net gain and achieving energy efficiency targets. In seeking to achieve all of these policy objectives there could be an adverse impact on scheme viability that would restrict the delivery of new homes in the Borough.

Object

Representation ID: 562

Received: 15/12/2023

Respondent: Dudley Group NHS Foundation Trust

Agent: Claremont Planning Consultancy

6.1.
This draft Policy establishes design standards which new development is required demonstrate has been addressed. The way it is drafted is considered to be unnecessarily long and detailed, and could be refined in order to make the policy easier to understand and ensure proposals address the Council’s expectations. As part of this, the Council should recognise the Framework’s requirement for policies to be clear and unambiguous so it is clear how a decision maker should react to proposals. There is also some overlap between this policy and DLP40 relating to landscape, for example within part 5 relating to urban greening. It is considered that by refining and focusing policies within the Plan, the Council will ensure that the aims of policies are more apparent, as well as how it is expected that these will be applied to development proposals. More detailed policy requirements could be better contained within supplementary planning documents that could be produced alongside the Plan.

6.2. Part 4 of the draft policy includes a requirement for all new residential development to meet NDSS, except where this would harm a heritage asset. It should be recognised that national policy set out in footnote 49 of the Framework establishes that NDSS may be used in policy, but only where the need for internal space standards can be justified. It is therefore considered that if the Council wish to impose these standards, appropriate justification for doing so should be contained within the evidence base for the emerging Plan. Furthermore, it should be acknowledged that there may be other circumstances where it may not be possible to achieve space standards, but a high quality of residential accommodation would still be provided and other sustainable development objectives would be achieved. This could, for example, include where development involves the reuse and conversion of existing buildings. It is therefore provided that the Council should include a caveat within the draft Policy to accept that in other circumstances this may not be achievable, and will not be objected to in principle if sufficient justification and mitigation can be evidenced. This will help to ensure that the policy is consistent with national policy aims and requirements for plan-making.

Object

Representation ID: 578

Received: 21/12/2023

Respondent: Charles Church Homes

Agent: Claremont Planning Consultancy

6.1.
This draft Policy establishes design standards which new development is required demonstrate has been addressed. The way it is drafted is considered to be unnecessarily long and detailed, and could be refined in order to make the policy easier to understand and ensure proposals address the Council’s expectations. As part of this, the Council should recognise the Framework’s requirement for policies to be clear and unambiguous so it is clear how a decision maker should react to proposals. There is also some overlap between this policy and DLP40 relating to landscape, for example within part 5 relating to urban greening. It is considered that by refining and focusing policies within the Plan, the Council will ensure that the aims of policies are more apparent, as well as how it is expected that these will be applied to development proposals. More detailed policy requirements could be better contained within supplementary planning documents
that could be produced alongside the Plan.
6.2.
Part 4 of the draft policy includes a requirement for all new residential development to meet NDSS, except where this would harm a heritage asset. It should be recognised that national policy set out in footnote 49 of the Framework establishes that NDSS may be used in policy, but only where the need for internal space standards can be justified. It is therefore considered that if the Council wish to impose these standards, appropriate justification for doing so should be contained within the evidence base for the emerging Plan. Furthermore, it should be acknowledged that there may be other circumstances where it may not be possible to achieve space standards, but a high quality of residential accommodation would still be provided and other sustainable development objectives would be achieved. This could, for example, include where development involves the reuse and conversion of existing buildings. It is therefore provided that the Council should include a caveat within the draft Policy to accept that in other circumstances this may not be achievable, and will not be objected to in principle if sufficient justification and mitigation can be evidenced. This will help to ensure that the policy is consistent with national policy aims and requirements for plan-making.

Support

Representation ID: 598

Received: 18/01/2024

Respondent: Environment Agency

We support the policies requirement for major development to contribute to the greening of Dudley by optimising the use of multi-functional green infrastructure for urban cooling and local flood risk management.

Support

Representation ID: 659

Received: 22/12/2023

Respondent: Natural England

Natural England welcomes this policy. We particularly welcome the reference to urban greening in 5a, 5b and 5c on green infrastructure.
5. Major development proposals should contribute to the greening of Dudley by:
a. including urban greening37 as a fundamental element of site and building design.
b. incorporating measures such as high-quality landscaping (including trees), other soft landscaping and planting, green roofs, green walls and sustainable drainage and conserving existing green spaces and natural resources.
c. optimising the use of multi-functional green infrastructure (including water features, green roofs and planting) for urban cooling, local flood risk management and to provide access to outdoor space and shading.
We recommend reference to NE’s GI Framework, particularly the Planning and Design Guide

Comment

Representation ID: 701

Received: 12/12/2023

Respondent: National Gas Transmission

Agent: National Gas Transmission

National Gas Transmission advocates the high standards of design and sustainable development forms promoted through national planning policy and understands that contemporary planning and urban design agenda require a creative approach to new development around underground gas transmission pipelines and other National Gas Transmission assets.

Therefore, to ensure that Design Policy DLP39 is consistent with national policy we would request the inclusion of a policy strand such as:

“x. taking a comprehensive and co-ordinated approach to development including respecting existing site constraints including utilities situated within sites.”

Comment

Representation ID: 707

Received: 12/12/2023

Respondent: National Grid Electricity Transmission

Agent: National Grid Electricity Transmission

A plan showing details and locations of NGET’s assets is provided.

NGET advocates the high standards of design and sustainable development forms promoted through national planning policy and understands that contemporary planning and urban design agenda require a creative approach to new development around high voltage overhead lines and other NGET assets.

Therefore, to ensure that Design Policy DLP39 is consistent with national policy we would request the inclusion of a policy strand such as:

“x. taking a comprehensive and co-ordinated approach to development including respecting existing site constraints including utilities situated within sites.”

Comment

Representation ID: 713

Received: 22/12/2023

Respondent: Canal and River Trust

The Trust requests incorporation of cross-referencing to Canal Policy DLP36 within the justification text, to reflect the role active incorporation of the canal network can have in delivering good design, well-being, and sustainable travel and the need to take the canal into account when designing new development near to it (ACTION REQUEST).

We believe protection and enhancement of the canal network through design, layout and integration into developments should always be an expectation for canal-side sites, The avoidance of fly-tipping and anti-social behaviour reduction can also be achieved through the use of good design techniques. Future Local Design Codes can also provide developers with detailed guidance, outlining various key design principles for successful canal-side developments including creating activation with the canal, natural surveillance and appropriate landscaping. The Trust requests consultation on any local design codes which are to be developed (ACTION REQUEST).

Site specific consultation with the Trust is recommended to receive guidance on the best approach to achieving good design, including through pre-application.

Support

Representation ID: 738

Received: 21/12/2023

Respondent: Police Crime Commissioner for West Midlands (PCCWM)

Agent: Tyler Parkes

Policy DLP39 Design Quality, the PCCWM welcomes and supports the references to consideration
of crime prevention measures and Secured by Design and Park Mark principles, in addition to the
requirements of Part Q of the Building Regulations 2010 or any successor legislation within this
policy. and the further guidance in paragraph 11.95. In relation to the latter, it is suggested that
this could be further strengthened by adding the following sentence, ‘Developers are encouraged
to undertake pre-application discussions with West Midlands Police's Design Out Crime
Officers.’ (Suggested changes in bold and underlined) [Support]

Comment

Representation ID: 739

Received: 21/12/2023

Respondent: Police Crime Commissioner for West Midlands (PCCWM)

Agent: Tyler Parkes

The PCCWM requests that definitions be provided of the following which are referred to in the
draft Dudley Local Plan.
Secured by Design (SBD) is the official police security initiative that is owned by the UK Police Service with the specific aim to reduce crime and help people live more safely. The Police seeks to improve the physical security of buildings using products, such as doors, windows, locks and
walling systems that meet SBD security requirements. In addition, the Police include proven crime
prevention techniques and measures into the layout and landscaping of new developments, such
as maximising natural surveillance and limiting excessive through movement.
Through SBD, the Police work closely with builders, developers, local authorities and registered
housing associations to incorporate police crime prevention standards from initial concept and
design through to construction and completion. West Midlands Police have specially trained
Designing Out Crime Officers (DOCOs) who offer police designing out crime and Secured by Design
advice free of charge. (NB. based on Secured by Design - About SBD)
Park Mark
The Safer Parking Scheme is a national standard for UK car parks that have low crime and
measures in place to ensure the safety of people and vehicles. Each car park undergoes a rigorous
assessment by specially trained police assessors and a Park Mark is awarded to each car park that
achieves the challenging standards. A Park Mark is awarded to parking facilities that have met the
requirements of a risk assessment conducted by the Police, meaning the operator has put in place
measures that deter criminal activity and anti-social behaviour (NB. based on ParkMark - About
The Scheme).

Support

Representation ID: 838

Received: 19/12/2023

Respondent: Sport England

Support parts 6 and 7.