Object

Representation ID: 301

Received: 21/12/2023

Respondent: Barberry Summerhill Limited

Agent: Harris Lamb

Harris Lamb Planning Consultancy is instructed by Barberry Summerhill Limited (“Barberry”) to submit representations to the Draft Dudley Local Plan (Regulation 18 consultation document) and welcome the opportunity to comment at this time.
Barberry are promoting land for residential development at Swindon Road, Wall Heath, Kingswinford (referred locally as the Triangle site) and have previously submitted details of the site to the preparation of the Black Country Plan and previously representations to the Black Country Plan Preferred Options consultation that concluded in October 2021.
The land at Swindon Road, Wall Heath, Kingswinford (“the Site”) had been proposed as a strategic housing allocation in the Preferred Options Black Country Plan under Policy DSA2. The Site was proposed to be removed from the Green Belt and allocated to accommodate approximately 533 homes. Barberry clearly supported the Black Country authorities’ intention to allocate the Site for housing and submitted representations in support of the Site’s suitability to accommodate residential development. However, following the abandonment of the Black Country Plan the Site is no longer identified as a draft allocation and has been omitted from the Plan in its entirety.
The omission of the Site from the Plan is a result of a wider change in strategy that the Council is now advancing, which seeks to focus new development on previously developed land within the urban area. As part of the preparation of the new Local Plan the Council is no longer proposing to release land from the Green Belt to meet its development needs and, further to this, the Council are no longer considering the release of their Green Belt land as an option to meet its housing need, favouring exporting the problem to other yet undefined locations in the Housing Market Area (“HMA”). The recent publication of the updated National Planning Policy Framework (‘The Framework’) states there is no requirement to review of change Green Belt boundaries when plans are being prepared, but it continues to allow authorities to choose to subject to demonstrating exceptional circumstances. In some ways, this is not a significant change from the previous version of the Framework, as there was no requirement to change Green Belt boundaries and exceptional circumstances needed to be demonstrated if Council were proposing to do so. However, it does place more of an onus on Council’s to instigate this process and the weight of responsibility that comes with this should not be underestimated. Where it is identified that Green Belt needs to be released to meet the development needs identified, on the one hand it requires an understanding of the potential environmental impacts that could come from changing Green Belt boundaries, on the other the social and economic disadvantages of meeting the housing and / or economic needs identified. These being real impacts on local people and local business, who will suffer if the needs are not met. In this instance, we consider not delivering the housing need identified will have substantial social and economic impacts for thousands of people and we ask the Council to very carefully consider the impact on these people when deciding whether or not to amend their Green Belt boundary, especially when there are sites that make a limited contribution to the Green Belt could be released to meet this need.
Barberry, therefore, object to the proposed strategy on the basis that the Council has not explored all the options available to meet the housing need and that it has land available in its administrative boundary to meet its housing need identified, including sites that it has previously supported as draft residential allocations in the Black Country Core Strategy review. We consider there are exceptional circumstances that warrant the Green Belt being reviewed and land released from it to help meet housing needs, which include the substantial social and economic impacts for thousands of local people and businesses.
The updated Framework still sets out at paragraph 60 the objective of significantly boosting the supply of housing with the overall aim to meet as much of an area’s identified housing need as possible, including with an appropriate mix of housing types for the local community. Paragraph 61 of the Framework states that to determine the minimum number of houses needed, strategic policies should be informed by a local housing needs assessment conducted using the standard method. Whilst it is clarified that the standard method is a starting point the Framework also states that there may be exceptional circumstances from diverging away from the standard method. The Council has not presented any exceptional circumstances as to why it should diverge from the standard method for calculating housing need, nor do we consider that there are exceptional circumstances as to why Dudley should not use the standard method to determine its housing need. Indeed, it is debatable whether the strategy advanced by the Council will meet the identified need arising in Dudley in terms of delivering sites that are capable of being developed to mee the need that exists, noting that the majority of new homes required are 3 and 4 bedroom properties and not 1 or 2 bedroom apartments.
Paragraph 60 goes on to conclude that in addition to any local housing need figure, any needs that cannot be met within neighbouring authorities should also be taken into account in establishing the amount of housing to be planned for. There is significant pressure across the HMA from constrained authorities who cannot meet their development needs within their administrative boundaries, with tens of thousands of homes and hundreds of hectares of employment land needing to be found. The number of authorities able to assist with this overspill in the HMA are limited and the evidence suggests they cannot be relied upon when the numbers they have proposed in their emerging plans to assist with addressing the overspill do not even scratch the surface. Consequently, where authorities have the land available, we consider they should be using this unless there is an overwhelming persuasive reason as to why that land should not be developed, with the argument that ‘it is Green Belt land’ notstanding up to scrutiny, when it is inevitable that most of the overspill would need to be on land currently designated as Green Belt if the development needs identified are going to be met.
Further to the above, we consider that not only should Dudley be meeting its own housing need, but that it should also be assisting with meeting the overspill from other authorities, such as Birmingham, Sandwell and Wolverhampton, with whom it has a strong functional relationship and that it can provide the land in the locations to help meet the overspill from these authorities close to where the need is arising. We acknowledge that these residents might not fall in your administrative boundary, but when so many people stand to suffer from the lack of land to meet the development needs identified we would implore the Council to not allow administrative lines to stand in the way of helping these people. Accordingly, Barberry have strong reservations about whether the Council’s intended strategy. The tests of soundness remain in the updated Framework as set out in paragraph 35. As it stands, Barberry consider that the Plan is not positively prepared in that does not meet the area’s objectively assessed needs and is not informed by agreements with other authorities, so that unmet need from neighbouring areas is accommodated where it is practical to do so and is consistent with achieving sustainable development
Below, we start by explaining why we consider Barberry’s Site should still be identified as a residential allocation in the plan, address the concerns raised in the representations to the Black Country Core Strategy Review. We then provide our comments on the draft policies.
Proposed Housing Allocations – Land at Swindon Road, Wall Heath (The Triangle Site)
Barberry are objecting to the draft Plan on the basis that the land at Swindon Road, Wall Heath (the Triangle site) has been omitted as a draft housing allocation, when it has previously been supported by the Council as a draft housing allocation in the Black Country Core Strategy Review and in the context of the significant pressure for authorities within the HMA to meet their own development needs and assist those who cannot wherever possible.
The inclusion of the Site as a draft allocation confirmed that in principle the Site was capable of being allocated for development and delivering new housing development to meet the needs of Dudley. Whilst the Black Country Plan has now been withdrawn the previous assessment work of the site and the conclusions drawn that led it to be included as a draft allocation cannot be discounted and indicate that the site is suitable for development.
We have reviewed the consultation responses to the Preferred Options Black Country Plan and note the level of objections received to this and the other sites proposed to be released from the Green Belt. A list of the general points made in response to the draft allocation are set out in the Summary of Consultation Responses report published by the Council alongside the draft Local Plan consultation. These can be summarised as:
•Lack of existing infrastructure and amenities to cope with additional dwellings.
•Concerns over the existing road network and increased traffic.
•Loss of Green Belt.
•No exceptional circumstances to release Green Belt land.
•Detrimental impact on ecology and biodiversity.
•Loss of Grade 2 and Grade 3 agricultural land.

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Development would result in increased pollution in terms of air, noise and light particularly during construction.
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No economic benefit to the area and impact on house prices.
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Cumulative impact of other developments in the area.
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Brownfield first approach should be taken.
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General concerns regarding flood risk, global warming, heritage and landscape impacts.
Whilst the summary comments are not all specifically directed at the Triangle site a number of the comments that were made were attributable to the draft allocation.
We note the volume of representations, but we also note that both Barberry’s expert project team (see the Vision Document and Delivery Document (attached) prepared to set out our initial assessment and to respond to the draft criteria in the allocation policy during the preferred option consultation respectively) and the Council’s expert consultees have reviewed the technical and environmental matters relevant to this Site, and concluded that the site was deliverable in this context, with measures proposed through the site allocation and the wide policies in the plan that would ensure this was the case when a planning application was submitted.
The loss of Green Belt is the other factor raised in the objections. As highlighted above, the release of Green Belt is not unique to this Site. The land outside the urban area in Dudley is all Green Belt and the same is true for the authorities surrounding Dudley with potential capacity to meet its development needs. Discussions with these authorities will not lead to the concerns around the loss of Green Belt land being resolved. It will just change the location of where Green Belt is being released. The reality is that the only way to address the objection that Green Belt land should not be released is to not meet the development needs identified for Dudley or the wide HMA, and not provide the homes and jobs needed for local people.
Turning to the comments received and general areas of objection raised Barberry respond as follows:
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Existing infrastructure - an assessment of existing capacity in local GPs, schools, use services and sewage and water facilities would have been undertaken as part of the development. If this highlighted that there was a lack of capacity or that the proposed development would place additional demands on existing provision then the developer would be required to mitigate the impact of the development through physical provision of new infrastructure or payment of developer contributions. The impact of the development could be mitigated through such an approach and thus the concerns regarding adverse impact on infrastructure are unfounded. Existing shortfalls in service provision in the local area are not as a result of the proposed development and it would only be the addition demand that any development would need to mitigate.
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Impact on highway and increase in traffic - the proposed development would have resulted in an increase in traffic on the local highway network although the additional impact that this would likely to cause was not considered to be severe. Whilst there may have been localised impacts at specific junctions surrounding the site it is considered that through a scheme of off-site highway improvement works that the impact of this could have been mitigated to an acceptable level. Assessment of accidents in the local area did not indicate that there was a specific highway safety issue that would be exacerbated by the proposed development. Similarly, additional development could have resulted in the provision of
enhanced or additional public transport services brought about by an increase in demand from the new population. This would benefit existing residents as well as new residents of the development.
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The site is located in the Green Belt albeit that it is bound by development to the north and south by built development and is bounded to the west by the A449 creating a strong defensible boundary. The role that the site plays in Green Belt terms is limited and it is contended that its removal from the Green Belt would have limited impact on the overall function of the Green Belt. In seeking to redevelop the site it would be opened up to greater accessibility and creation of site public open space and the provision of new footways and cycleways through the site. The site would therefore have greater accessibility than it currently offers.
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In light of the case presented above about the need to release Green Belt land to meet the Council’s housing need, particularly in light of the wider issues in the HMA and the inability of other authorities to meet their housing needs in full Barberry consider that there are exceptional circumstances to consider the release of land from the Green Belt. As it stands, the Plan is effectively stating that adjoining authorities will have to release land from the Green Belt to meet Dudley’s needs or that if Green Belt is not released needs will have to go unmet.
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An initial ecological survey had been undertaken which did not identify any significant constraints that would prevent the development of the site. The site is of such a size that it is considered feasible that biodiversity net gain could be delivered on site without impacting on any protected species.
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In respect of agricultural land, this has not been assessed at present so it is not clear if the objections of the loss of Grade 2 and 3 quality agricultural land are founded or not. Either way, Barberry’s view is that the need to accommodate the Borough’s housing needs outweighs the loss of agricultural land.
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Issues relating to noise, air quality and light pollution are matters that can be controlled during the construction process and through the detailed design of the end scheme. As such we do not agree that they are in principle reasons that would prevent the development going ahead.
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The development of up to 533 houses would have significant economic local benefits in terms of construction jobs during the construction phase as well as the use of goods and services in the local vicinity and the wider area involved in the construction of the dwellings. Furthermore, during the construction process local shops and services would benefit from the construction workforce in the area. Following the completion of the development local shops and services would benefit through additional footfall and resident population in the vicinity of the facilities. It is a generally well regarded principle that a residential development would have significant economic benefits to the area. Furthermore, instead of impacting adversely on house prices the development can have a positive impact on a local area albeit that this is not a legitimate planning consideration.
•In respect of the impact on Kingswinford the proposed allocations in and around Kingswinford are as a result of available land rather than necessarily needing or wanting to direct too much development to this part of the Borough. Clearly, the area is attractive to local residents and would provide the opportunity to deliver much needed family housing particularly larger 3 and 4 bedroom properties where the demand in the Borough lies.
•The emerging Local Plan has a brownfield first strategy albeit that in promoting such a strategy it is unable to identify sufficient land to meet its housing need in full. As such, if the full housing needs of the Borough are to be met then some greenfield land is required in order to meet this. The brownfield first approach will not result in the housing needs of the Borough being met hence why we are promoting a greenfield site as a proposed housing allocation.
•In respect of the other matters including flood risk, global warming, heritage, landscape and general design considerations these are matters that we consider could be dealt with through the planning application process and would not present an in principle reason as to why the site should not be allocated.
In light of the above, the objections raised to the inclusion of the site in the Preferred Options Black Country Plan are matters that do not present an in principle objection to the development of the site. Whilst clearly there was a significant level of objection to the draft allocation and the matters raised are in Barberry’s view capable of being addressed through the allocation and planning application process.
Notwithstanding the above, the site had been identified as having an indicative capacity of 533 dwellings, with a policy compliant level of affordable housing which would make a significant contribution to addressing the identified shortfall in housing in the Borough. The delivery of affordable housing being a significant benefit of releasing Green Belt sites, due to the abnormal costs associated with delivering the previously developed sites that make up nearly the entire supply identified by the Council.
Barberry is the sole promoter of the Site and have an agreement with the landowner to bring the Site forward for development. As an experienced developer and promoter. once allocated, planning permission would be sought, and once obtained the Site would be brought to the market and disposed of. The Site has already attracted interest from housebuilders indicating that it is an attractive proposition and would be capable of delivering houses early in the plan period. We wish to reiterate that, the Site remains deliverable, achievable, and suitable, and we recommend it to you as a draft allocation in the draft Plan.
We now turn to the draft plan and the vision, objectives and policies within it.
The Vision for Dudley Borough by 2041
The Vision for Dudley sets out a number of areas that the Council wish to see achieved through the delivery of the Local Plan. These include making Dudley an attractive and desirable place to live, work and visit, having strong, inclusive resilient and thriving communities which enhance health and social wellbeing and providing a wide range of housing that will meet people's needs through their various life stages and is affordable to live in. We are generally supportive of the Vision in that it is aspirational and seeks to deliver the development needs of its residents over the Plan Period. We particularly welcome the intention to deliver a wide range of housing that will meet people's needs.

Comment

Representation ID: 302

Received: 19/12/2023

Respondent: William Davis Homes

Agent: Define Planning and Design Ltd

Table 6.1 Housing Allocations - Site Assessment

Should also assess the overall suitability of promoted Green Belt sites, rather than simply refusing to assess them because they are located within the Green Belt.

Comment

Representation ID: 303

Received: 21/12/2023

Respondent: Barberry Summerhill Limited

Agent: Harris Lamb

The Vision for Dudley Borough by 2041
The Vision for Dudley sets out a number of areas that the Council wish to see achieved through the delivery of the Local Plan. These include making Dudley an attractive and desirable place to live, work and visit, having strong, inclusive resilient and thriving communities which enhance health and social wellbeing and providing a wide range of housing that will meet people's needs through their various life stages and is affordable to live in. We are generally supportive of the Vision in that it is aspirational and seeks to deliver the development needs of its residents over the Plan Period. We particularly welcome the intention to deliver a wide range of housing that will meet people's needs.

Comment

Representation ID: 304

Received: 21/12/2023

Respondent: Barberry Summerhill Limited

Agent: Harris Lamb

Objectives and Strategic Priorities
Table 4.1 sets out the Council's strategic objectives and priorities. We note Objective 1 is the conservation and enhancement of a natural and built environment including the strategic priority of addressing the climate and ecological emergency. We also welcome Strategic Priority 4 of fostering economic growth and investment and Strategic Priority 6 of creating thriving neighbourhoods by providing new and affordable homes in range of sizes, types and tenures to meet the Borough’s housing needs. Similarly, we welcome Strategic Priority 7 that seeks to deliver the resources, infrastructure and services to support growth.

Object

Representation ID: 307

Received: 19/12/2023

Respondent: William Davis Homes

Agent: Define Planning and Design Ltd

Sustainability Appraisal

Moreover, the insufficient and delayed delivery of housing that is currently proposed will only perpetuate the existing housing crisis and further heighten the effect of the associated socio-economic consequences on Dudley’s residents. This should be reflected in Sustainability Appraisal (SA) testing of various levels of growth, which (as set out below) the DLP currently overlooks entirely. In assessing the environmental impacts of failing to meet the Council’s housing need, the SA must also reflect that failing to meet Dudley’s housing needs in full will also result in less sustainable patterns of growth.
The SHMA must identify a range of higher level growth options, at which point an updated SA must also be prepared to test the potential effects relating to each of the growth options. The SA should recognise the socio-economic and environmental impacts of failing to meet the Borough’s housing needs as set out above. However, the current SA falls a long way short of meeting that requirement. In relation to the quantum of residential development, the SA assesses an extremely narrow range of options that each are built on the assumption that DMBC will be unable to meet their own housing needs and that an urban-focused strategy is the only potential option. That approach suggests that the spatial strategy pursued through the DLP was pre-determined (likely based on political considerations), and that the evidence base has simply evolved to seek to justify the agreed approach. he SA should, therefore, test the impacts of meeting the LHN in its entirety and providing for higher level(s) of growth above the LHN, through a ‘policy off’ approach (i.e. setting aside policy constraints such The outcome of that will assist in identifying an appropriate housing requirement that provides for an aspirational strategy for Dudley.
The SA has not tested the release of any Green Belt land in any scenario (with an implicit acceptance that DMBC will not be able to meet its housing need), nor has the SHLAA assessed any Green Belt sites. That must be addressed in light of the significant unmet needs arising in the Dudley.

Comment

Representation ID: 322

Received: 22/12/2023

Respondent: Sarah Lucas

I am writing in strong support of a Local Green Space Designation for the “Three Fields”, Dunsley Road, Wollaston, also known as “Dunsley Fields”.

I believe that the site fulfils the criteria for a LGS designation. It is a surprisingly beautiful area offering the tranquility of natural surroundings in close proximity to a large residential area. This much-loved community space is used by a great number of local residents coming from all corners of the Borough of Dudley (and other areas) for walking, dogwalking and many other recreational pursuits such as cycling, kite and model aircraft flying, metal detecting and photography.

This area also constitutes the only hill top having public access in our local area, which affords a panorama over the four counties of the West Midlands, Shropshire, Staffordshire and Worcestershire. From this important summit you can experience sunrise over the horizon of the Clent Hills and sunset over the Clee Hills.

The fields contain a large number of species of wild flowers and grasses, which have been encouraged to flourish recently through the reduced mowing schedule.
The hedgerows also contain a great variety of shrubs and trees, which offer great interest to local walkers through
the changing seasons.

A group of volunteers (of which I am a member) has worked in recent years on clearing the hedges of debris and also on planting new hedging at one end of the site. This gives an indication of how important this space is to local residents.

The fields are bordered to the West by a row of ancient Lime trees which carry their own interesting history.

I could write further about the importance of The Three Fields area but I am constrained by time as the deadline for submission is today. I only became aware of this consultation 24 hours ago and I suspect many other local residents are unaware of this option to contribute.

Thank you for taking the time to read my email and if any further opportunities to contribute to consultation arise,
please let me know.

Object

Representation ID: 338

Received: 21/12/2023

Respondent: Seven Homes

Agent: RCA Regeneration Ltd

Table 6.1 Dudley Housing Allocations

Land North of Sandyfield Road, Sedgley

The promotion site has not been assessed in the SHLAA but forms part of a wider parcel (BL10) in the Black Country Green Belt review. We consider this needs to be rectified.

Not clear why green belt sites have been excluded in this review considering Dudley cannot meet its housing target and limited capacity of surrounding authorities. Plan is unsound as is.

Comment

Representation ID: 339

Received: 21/12/2023

Respondent: Seven Homes

Agent: RCA Regeneration Ltd

The promotion site has been considered in the SHLAA as shown in the SHLAA map extract (2021/22)3 where the part of the site that falls into Dudley. We see this as an error and the site must be assessed.

Comment

Representation ID: 340

Received: 21/12/2023

Respondent: Seven Homes

Agent: RCA Regeneration Ltd

EVIDENCE BASE

There appears to be little in the way of up to date or new evidence supporting the Reg 18 Plan at the moment. We can only assume that much of it is therefore based on the evidence used to prepare the previous Black Country Plan.

Comment

Representation ID: 341

Received: 21/12/2023

Respondent: Seven Homes

Agent: RCA Regeneration Ltd

SUSTAINABILITY APPRAISAL

Green belt sites should be included in the SA.

SA sets out that Option 3 has been chosen because it would address housing need through a ‘balanced spatial approach’. We do not agree with this. Firstly, it is not addressing housing need – the council will still be left with over a thousand houses to find. Secondly, we consider the balance is simply not there, particularly as the focus on brownfield will not deliver the required affordable homes needed in the Borough, for reasons we have already given.

Para 8.4 in the reasoned justification for Policy DLP10 (Delivering Sustainable Growth) sets out that 90.98% of current local housing need up to 2041 (homes) with 96.4% of the supply on brownfield land and 3.6% of the supply on greenfield land. This is not balanced at all. How many of the brownfield sites that form part of the 90.98% have been previously allocated for housing? How many have had previous planning permission which have lapsed or stalled? Have the council objectively gone through all of these sites and removed those which do not have a realistic chance of delivery?

Finally, we note that the SA identifies that the true impacts of the unmet need, which is being exported, cannot be fully assessed. Access to employment opportunities, as well as environmental/social impacts cannot be assessed because it is not known where these homes will be located. The SA is clearly incomplete because the strategy is flawed.

Object

Representation ID: 344

Received: 12/12/2023

Respondent: Wood Abbey

Agent: NCL Development

We also consider that the Sustainability Assessment fails to comply with national policy by not assessing reasonable alternatives in the form of amendments to the Green Belt boundary to accommodate residential development in sustainable locations.

Comment

Representation ID: 347

Received: 18/12/2023

Respondent: Save Stourbridge Greenbelt

THREE FIELDS LGS DESIGNATION

Save Stourbridge Greenbelt comments that there has not been an promoted means for the public to put forward local sites as 'Local Green Spaces'. We believe that there should be a Local Green Space Designation for the “Three Fields”, Dunsley Road, Wollaston, also known as “Dunsley Fields”.

Please also see attached document in support of a Local Green Space designation for this site.

Criteria Part A. The Three Fields meets all of Part A criteria for a Local Green Space, including being ‘local in character’ and is in ‘close proximity to the community it serves’ (NPPF). The site is “demonstrably special to the local community”, as evidenced by the supporting evidence submitted alongside the original LGS application. The site is extensively used by the local community, is important to residents of all ages and from all groups, regarded as a tremendous community amenity seen as adding value to the local area, important for maintaining community spirit, and an asset that should be passed on to future generations.

Criteria Part B. The site meets two of the Part B criteria (Beauty, and Recreation) and therefore meets national criteria for a Local Green Space. Beauty: The site is visually attractive, offers magnificent panoramic views, and contributes to local identity, character of the area and a sense of place. Recreational value: The site has been used for informal recreation for over 50 years, is popular with walkers, cyclists, and those using the site as a ‘green gym’. It forms part of a wider green corridor and offers walkers access to the wider countryside. It is used by dog walkers, and encourages a ‘sense of community’ amongst the socially isolated. It is very popular with children, for informal recreation, games, and nature study. The site has been used in the past for organised social activities and could be used again for similar activities as well as by local schools and community groups in activities related to the local natural environment.

Importance of a LGS designation even for sites within the Green Belt: The NPPF states that: “if land is already protected by Greenbelt Policy then consideration should be given to whether any additional local benefits would be gained by designations as local green space”. Government guidance on LGS designation states that even within green belts a LGS designation can “help to identify areas that are of particular importance to the local community” (“Open space, sports and recreation facilities, public rights of way and local green space”, HMG 2014, Para: 010). Green Belt designation itself does not recognise any additional value to the local community which a site may have above the five stated purposes of the green belt. Specifically, “green belts do not recognise… the community value of land” (Neighbourhood Planning, 2019, para.134). Given the ever-growing pressure exerted on local authorities to release Green Belt sites for development, a LGS designation would demonstrate the importance of this site to the local community and its local significance beyond that of being simply ‘green belt’. This site should therefore be granted a Local Green Space designation.

Tranquility: The NPPF states that planning policies should “identify and protect tranquil areas which have remained relatively undisturbed by noise and are prized for their recreational and amenity value for this reason” (NPPF 2019, para 180(b)). The government guidelines on what constitutes a tranquil place is that it is “relatively undisturbed by noise from human sources that undermine the intrinsic character of the area” with a positive soundscape for e.g. of birdsong. (“Guidance: Noise”, HMG 2019, para. 8). The site is experienced as a natural space, and is described by visitors as a ‘piece of the countryside’. It is often possible to observe and listen to the sounds of farm animals in adjacent fields. It is possible to enjoy sunrise and sunsets, and because of Dark Skies, the stars at night. There are extensive views over local countryside, fields, woodland and distant hills. The dominant soundscape is that of birdsong.

Object

Representation ID: 348

Received: 17/01/2024

Respondent: Bloor Homes

Agent: Harris Lamb

Development Strategy – There is a shortfall of 1,076 dwellings, and the plan does not current propose the release of land from the Green Belt. The updated NPPF removes the requirement to review the Green Belt, therefore the shortfall will have to be accommodated elsewhere within the HMA in adjoining authorities. Bloor’s considers the Council’s approach to be unsound, as the Council has available Green Belt land within its own administrative area that could be put forward for housing. Dudley should have exhausted all sources of potential land within the administrative area, including Green Belt land before looking cross boundary. Bloor contend that exceptional circumstances exist that warrant a review of Green Belt boundaries. A shortfall of land for housing is a long-established concern within the HMA.

Object

Representation ID: 356

Received: 12/12/2023

Respondent: Harworth Group

Agent: Claremont Planning Consultancy

Policy DLP22 – Balancing Employment Land and Housing
4.4.
The concerns identified above are also relevant to draft Policy DLP22 of the Local Plan which relates to balancing the need for employment land and housing. Draft Policy DLP22 establishes further requirements which development proposals must satisfy in order to justify the redevelopment of employment land for residential use. As such, it is considered that draft Policy DLP22 provides an unnecessary duplication of the Council’s employment policy such that the draft Local Plan fails to provide a clear and concise policy against which development proposals can be assessed. Policies DLP21 and DLP22 as currently drafted are contrary to Paragraph 16 of the Framework, which requires Local Plan policies to serve a clear purpose and avoid unnecessary duplication of policies.

Comment

Representation ID: 359

Received: 12/12/2023

Respondent: Harworth Group

Agent: Claremont Planning Consultancy

Policy DLP41 – Increasing Efficiency & Resilience
6.5.
Policy DLP41 identifies various measures proposed by the Council to increase efficiency and resilience against climate change. Whilst the broad principles outlined by this Policy are supported in principle, the draft Policy text is not considered to be clearly written and contains unnecessary duplication of the Council’s tree policy (DLP33). Policy DLP41 as currently drafted is not consistent with Paragraph 16 of the Framework and requires further refinement to ensure clarity and consistency in the application of these policies.

Object

Representation ID: 371

Received: 21/12/2023

Respondent: Worcester Lane Limited

Agent: Harris Lamb

WL are objecting to the draft Plan on the basis that the land at Worcester Lane has been omitted as a draft housing allocation, when it has previously been supported by the Council as a draft housing allocation in the Black Country Core Strategy Review and in the context of the significant pressure for authorities within the HMA to meet their own development needs and assist those who cannot wherever possible.
The inclusion of the Site as a draft allocation confirmed that in principle the Site was capable of being allocated for development and delivering new housing development to meet the needs of Dudley. Whilst the Black Country Plan has now been withdrawn the previous assessment work of the site and the conclusions drawn that led it to be included as a draft allocation cannot be discounted and indicate that the site is suitable for development.
The Worcester Lane site has been grouped together with the other draft allocations in the Black Country Plan that were proposed for removal from the Green Belt. We have reviewed the consultation responses to the Preferred Options Black Country Plan and note the level of objections received to this and the other sites proposed to be released from the Green Belt. A list of the general points made in response to the draft allocations are set out in the Summary of Consultation Responses report published by the Council alongside the draft Local Plan consultation. Whilst these are not all specific to the Worcester Lane they can be summarised as:
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Lack of existing infrastructure and amenities to cope with additional dwellings.
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Concerns over the existing road network and increased traffic.
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Loss of Green Belt.
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No exceptional circumstances to release Green Belt land.
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Detrimental impact on ecology and biodiversity.
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Loss of Grade 2 and Grade 3 agricultural land.
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Development would result in increased pollution in terms of air, noise and light particularly during construction.
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No economic benefit to the area and impact on house prices.
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Cumulative impact of other developments in the area.
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Brownfield first approach should be taken.
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General concerns regarding flood risk, global warming, heritage and landscape impacts.
We note the volume of representations attributed to the Worcester Lane site. However, the Vision Document (copy attached) prepared by WL set out our initial assessment of the site and sought to address the various technical and environmental matters which have subsequently been raised in the consultation responses. The Vision Document concluded that the site was deliverable in this context.
The loss of Green Belt is the key factor raised in the objections. As highlighted above, the release of Green Belt is not unique to this Site. The land outside the urban area in Dudley is all Green Belt and the same is true for the authorities surrounding Dudley with potential capacity to meet its development needs. Discussions with these authorities will not lead to the concerns around the loss of Green Belt land being resolved. It will just change the location of any Green Belt that is to be released. The reality is that the only way to address the objection that Green Belt land should not be released is to not meet the development needs identified for Dudley or the wide HMA, and not provide the homes and jobs needed for local people.
Turning to the comments received and general areas of objection raised WL respond as follows:

•
Existing infrastructure - an assessment of existing capacity in local GPs, schools, use services and sewage and water facilities would have been undertaken as part of the development. If this highlighted that there was a lack of capacity or that the proposed development would place additional demands on existing provision then the developer would be required to mitigate the impact of the development through physical provision of new infrastructure or payment of developer contributions. The impact of the development could be mitigated through such an approach and thus the concerns regarding adverse impact on infrastructure are unfounded. Existing shortfalls in service provision in the local area are not as a result of the proposed development and it would only be the addition demand that any development would need to mitigate.
•
Impact on the Highway - the proposed development will result in a limited increase in traffic on the local highway network which is not considered to be severe.
•
The site is located in the Green Belt albeit that its removal from the Green Belt would have limited impact on the overall function of the Green Belt.
•
In light of the case presented above about the need to release Green Belt land to meet the Council’s housing need, particularly in light of the wider issues in the HMA and the inability of other authorities to meet their housing needs in full WL consider that there are exceptional circumstances to consider the release of land from the Green Belt. As it stands, the Plan is effectively stating that adjoining authorities will have to release land from the Green Belt to meet Dudley’s needs or that if Green Belt is not released needs will have to go unmet.
•An initial ecological survey had been undertaken which did not identify any significant constraints that would prevent the development of the site whilst options exist to deliver BNG on site.
•In respect of agricultural land, this has not been assessed at present so it is not clear if the objections of the loss of Grade 2 and 3 quality agricultural land are founded or not. Due to the size of the site the loss would be minimal.
•Issues relating to air quality and light pollution are matters that can be controlled during the construction process and through the detailed design of the end scheme. Noise has been assessed and the findings and recommendations are set out in the Vision Document. As such we do not agree that they are in principle reasons that would prevent the development going ahead.
•The development of new houses would have significant economic local benefits in terms of construction jobs during the construction phase as well as the use of goods and services in the local vicinity and the wider area involved in the construction of the dwellings. Furthermore, during the construction process local shops and services would benefit from the construction workforce in the area. Following the completion of the development local shops and services would benefit through additional footfall and resident population in the vicinity of the facilities. It is a generally well regarded principle that a residential development would have significant economic benefits to the area. Furthermore, instead of impacting adversely on house prices the development can have a positive impact on a local area albeit that this is not a legitimate planning consideration.
•The site is located in Pedmore so would not impact directly on Kingswinford.
•The emerging Local Plan has a brownfield first strategy albeit that in promoting such a strategy it is unable to identify sufficient land to meet its housing need in full. As such, if the full housing needs of the Borough are to be met then some greenfield land is required in order to meet this. The brownfield first approach will not result in the housing needs of
the Borough being met hence why we are promoting a greenfield site as a proposed housing allocation.
•
In respect of the other matters including flood risk, global warming, heritage, landscape and general design considerations these are matters that we consider could be dealt with through the planning application process and would not present an in principle reason as to why the site should not be allocated.
In light of the above, the objections raised to the inclusion of the site in the Preferred Options Black Country Plan are matters that do not present an in principle objection to the development of the site. Whilst clearly there was a significant level of objection to the draft allocation and the matters raised are in WL’s view capable of being addressed through the allocation and planning application process.
Notwithstanding the above, the WL land has been identified as part of a larger site having an indicative capacity of 115 dwellings. When developed this would deliver a policy compliant level of affordable housing which would contribute to addressing the housing needs of the Borough and adding to the supply of affordable housing across the District. The delivery of affordable housing being a significant benefit of releasing Green Belt sites, due to the abnormal costs associated with delivering the previously developed sites that make up nearly the entire supply identified by the Council.

Support

Representation ID: 372

Received: 21/12/2023

Respondent: Worcester Lane Limited

Agent: Harris Lamb

The Vision for Dudley sets out a number of areas that the Council wish to see achieved through the delivery of the Local Plan. These include making Dudley an attractive and desirable place to live, work and visit, having strong, inclusive resilient and thriving communities which enhance health and social wellbeing and providing a wide range of housing that will meet people's needs through their various life stages and is affordable to live in. We are generally supportive of the Vision in that it is aspirational and seeks to deliver the development needs of its residents over the Plan Period. We particularly welcome the intention to deliver a wide range of housing that will meet people's needs.

Comment

Representation ID: 373

Received: 21/12/2023

Respondent: Worcester Lane Limited

Agent: Harris Lamb

Objectives and Strategic Priorities
Table 4.1 sets out the Council's strategic objectives and priorities. We note Objective 1 is the conservation and enhancement of a natural and built environment including the strategic priority of addressing the climate and ecological emergency. We also welcome Strategic Priority 4 of fostering economic growth and investment and Strategic Priority 6 of creating thriving neighbourhoods by providing new and affordable homes in range of sizes, types and tenures to meet the Borough’s housing needs. Similarly, we welcome Strategic Priority 7 that seeks to deliver the resources, infrastructure and services to support growth.

Support

Representation ID: 388

Received: 21/12/2023

Respondent: Mrs Jill Jones

The plan looks great, I am so proud to live in an area where the council puts the greenbelt first and chooses to build on brown field sites.

My only other comment would be please remember (in the case of Halesowen) the history and heritage of the area and build sympathetically not like the Halesowen bus station and Asda eyesores.

Comment

Representation ID: 427

Received: 21/12/2023

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

Site location and description

4.1 The site comprises the existing premises of Pegasus Grab Hire Ltd, with the existing use for the recycling
of aggregate material. The site was initially granted temporary planning permission for a three-year period
under application P18/0218. A further application for the continued use of the site and the installation of
a new aggregate washing and sorting facility was granted for a further temporary period of 5 years under
planning permission reference P20/1801. The further temporary consent requires cessation of the use on
or before the 1 September 2026.

4.2 Since the grant of planning permission P18/0218, the site has been occupied by our client and been fully
operational as an aggregate sorting and recycling facility. Since commencement of operations on site, the
site has operated without causing significant harm to the amenity of nearby existing residential properties.
When any concern has been raised, our client has been open to dialogue to seek a resolution of any
concerns raised.

4.3 The primary reason for temporary consents being granted on this site was because the LPA did not want
to prejudice the delivery of the site for housing which had been identified through previous local plan
processes. Our client made submissions to previous local plan consultations and through the applications
that housing would not be deliverable on this site for numerous reasons relating to suitability, viability,
deliverability and the view of landowners who wished to continue with well-established and ongoing
employment uses. It is noted that this emerging plan no longer has the specific housing allocation and it
has been acknowledged that housing would not be deliverable on this site within the current and next plan
periods.

4.4 The site has an area of 2.13ha.

4.5 In compliance with the conditions of planning permission P18/0218 and P20/1801, the applicant has been
required to make improvements to the site and site management procedures. Such improvements to the
site include the provision of:
• Acoustic fencing to the site’s eastern boundary;
• Provision of a 3m noise attenuation earth bund;
• Provision of an electric vehicle charging point; and
• The implementation of a dust suppression and management plan including the provision of
wheel wash systems, closed mesh netting to the site boundary, water sprinkler suppression systems and highway cleaning.

4.6 Following the grants of planning permission our client has made significant investments in the site in
providing the mitigation measures required in accordance with the planning permissions and in the
delivery of the state-of-the-art aggregate washing and sorting facility which has resulted in the creation of
local employment opportunities and the diversion of waste from landfill, assisting the council in meeting
their wider economic and environmental objectives.

4.7 Our client would apply the same modern principles to the expansion within the wider site which also
provides opportunities for further enhanced mitigation in terms of landscaping and management of any
amenity impacts both for existing and future operations and expansion.

4.8 The site is sustainably located, being within easy access of a range of methods of public transport. The site
is located approximately 200m to the west of Lye train station, with bus stops located on Engine Lane to
the east of the site providing a regular service (every 20 minutes) between Dudley, Lye, Stourbridge and
Wollaston.

4.9 The site is also well located to serve its primary customer base both within this area of the West Midlands
and beyond, especially given the proximity of a number of commercial premises and industrial estates.

4.10 Additionally, the company provides services to a number of public bodies in the locality which also rely on
the ease of access which this location provides for the company to address their requirements. The
location of the business in respect of its customer base is another element of locational sustainability that
is equally as important as the accessibility of the site for employees.

4.11 The site surrounds are primarily characterised by
commercial activity, with various commercial and
industrial uses taking place in the area immediately surrounding the application site. To the north of Bott
Lane is the Vanguard Foundry and vehicle salvage yard. To the west of the site is an existing substation,
and the Stambermill industrial estate.

4.12 The site is bound to the south by the railway line, beyond which are numerous commercial buildings,
including Environcom Recycling Ltd who recycle household electricals on site.

4.13 To the east is Engine Lane where there are a mix of small commercial units located along its route together
with a small number of dwellings located approximately 150m from the application site.

Proposed allocation

4.14 It is our client’s intention to seek planning permission for the permanent use of the site at Bott Lane as
employment land in connection with aggregate sorting and recycling facilities and to seek consent for an
amalgamation and extension onto other adjacent sites that are within their control.

4.15 The site is in a sustainable location with easy access of a range of methods of public transport. It is located
approximately 200m to the West of Lye train station, with bus stops located on Dudley Road to the east
and providing a regular service every 20 minutes.

4.16 The site is also well located to serve its primary customer base both within this area of the West Midlands
and beyond, especially given the proximity of a number of commercial premises and industrial estates.
Additionally, the company provides services to a number of public bodies in the locality which also rely on
the ease of access which this location provides for the company to address their requirements. The location of the business in respect of its customer base is another element of locational sustainability that is equally as important as the accessibility of the site for employees. The business has and continues to help address the need for economic growth in regeneration areas.

4.17 The site is located in an area which is primarily characterised by commercial activity, with various
commercial and industrial uses taking place in the area immediately surrounding the application site. To the north of Bott Lane is the Vanguard Foundry and vehicle salvage yard. To the west of the site is an existing substation, and the Stambermill industrial estate. If the site were to be reallocated as Local Employment Land, it would continue the Local Employment Land to the west which it adjoins.

4.18 The site had previously formed part of a wider draft residential allocation within the now abandoned Draft
Black Country Plan. Representations were made to the Draft Black Country Plan raising serious concerns
in respect of the site’s suitability for residential development, particularly as the draft allocation indicated
the Vanguard Foundry located immediately to the north of Bott Lane and our client’s site would be retained. The residential development of the site would be fundamentally incompatible with the continued use of the foundry and other heavy industrial operations taking place within the locality which
have also shown no indication of a desire to relocate.

4.19 The Dudley Borough Development Strategy (DBDS) (2017) identified the site as being located within
regeneration Corridor 13, and specifically within allocation H13.26 identifying a range of potential development options including industrial, residential and mixed use. Clearly prior to the progression of the
Black Country Plan, Dudley Council had considered the site and wider area as an appropriate location for
employment uses.

4.20 The council are currently in the process of preparing the Lye and Stour Valley Masterplan Design Code.
Our client has engaged in the master planning process, and the plan as currently drafted identifies our
client’s land interests as proposed for industrial / employment use as part of the Masterplan.

4.21 The assessment of our client’s site at Bott Lane (ref: SA059) indicates that the site is suitable for
employment use and should be retained for employment.

The assessment concludes:
Part of the site (Pegasus Grab Hire) has been granted planning consent to continue operations on site until 01/09/2026 and for a new aggregate washing facility. As such, it is considered that employment uses at this location are considered suitable in the short term and the existing housing allocation is removed. However, as part of the BEAR, this site was scored below the threshold to be considered a Local Employment Area. As such, it is considered suitable that this site be an Other Employment Site within the Local Plan. Not suitable for Employment Development Opportunity site given existing waste uses.

4.22 The Black Country Employment Area Review (BEAR) dated July 2021 assesses the site as being suitable and
available for release from employment use. Since the assessment of the site through the BEAR our client
has made significant investments in the site infrastructure to deliver a state-of-the-art aggregate sorting
and recycling facility and the BEAR assessment is considered to be outdated.

4.23 The most recent assessment of the site as part of the council’s site assessment, dated 2023, considers the
site a suitable location for employment, however the overall conclusion is skewed by the findings of the
aged BEAR (2021) report which does not reflect the nature of the operations now on site nor the
opportunity to enhance this provision through our client’s adjacent land interests.

Planning Considerations

Policy DLP2 Growth Network: Regeneration Corridors and Centres

4.24 Policy DLP2 aims to deliver new housing and employment uses within regeneration corridors. The
employment use of the site would not be detrimental to the policy as it would still generate sustainable
development within the borough.

4.25 The site at Bott Lane is currently in an employment generating use and comprises an existing aggregate
sorting and recycling facility. As outlined above, the site benefits from a temporary planning permission
(ref: P20/1801) for the current operations on site, with our client looking to obtain a permanent planning
permission to secure their continued use of the site.

4.26 The site is in a sustainable location and has continually provided jobs since the granting of planning
permission for its current use. The existing use merges well with the surrounding facilities, such as
Environcom Recycling Ltd who recycle household electricals on site, Vanguard Foundry and vehicle salvage
yard and the Stambermill industrial estate. It is easily accessible to its customer base and employees, including public bodies in the locality which rely on the ease of access. The waste facility is in a highly
sustainable location and helps to meet the economic growth objectives in line with Policy DLP2.

4.27 The site currently forms employment land which is fully operational and is not underused or of poor
quality. Additionally, there is a shortfall of employment land which the wider site can help to address.

4.28 The continued use of the site for recycling would not conflict with Policy DLP2.

Policy DLP75 Waste Sites
4.29 The Waste Study 2023 found that the Black Country is currently short of recycling sites. Housing and
employment growth is predicted to increase over the plan period which will further increase the shortfall.

4.30 The site has temporary permission for the current use; however, this permission has not expired and the
site can continue to operate as existing until September 2026. This use is not expected to cease before the
expiry of the permission and as previously mentioned, our client would seek to make this use of the site
permanent as the efforts to date to find alternate premises within their geographical area of operation
has come to naught and with little prospect of alternate suitable sites becoming available, especially given
the allocation of employment sites for housing land.

4.31 Although the site is allocated for housing within one of the identified regeneration corridors, the economic
benefits of the continued use of the site for recycling and assisting with meeting sustainability objectives
is considered to be a significant consideration.

4.32 The existing recycling facilities located at Bott Lane are unique within the borough and wider Black Country
area and are highly efficient enabling the potential for up to 100% diversion of inert waste from landfill
and the recycling of materials to provide high quality aggregates. Our client’s operations make a significant
positive contribution in meeting targets for the recycling of materials and moving waste up the waste
management hierarchy, but also significantly reducing the need for the quarrying of virgin materials.

Deliverability

4.33 The site is currently in employment generating use and comprises an existing aggregate sorting and
recycling facility. The site benefits from a temporary planning permission (reference P20/1801) with our
client having ambitions to obtain a permanent planning permission to secure their future occupation of
the site. The wider site is either vacant or also contains existing waste management operations and are
under the control of our client.

4.34 On this basis it is considered there are no physical barriers to the continued operation of the site for
employment purposes.

4.35 The site is located within the existing built-up area of Lye, in an area which is predominantly in employment
use and has been historically. It is considered there are no constraints to the continued use of the site for
employment purposes with regard to connections to local services and infrastructure which would prevent
the continued use of the site for employment purposes.

4.36 Following the changes to the structure of the plan system in the area it is not considered that this site
would be critical to meeting Dudley’s housing needs in the same way as previously and that the delivery
of employment at this location would play a stronger role in meeting Dudley’s needs

Comment

Representation ID: 439

Received: 19/01/2024

Respondent: Dudley Labour Group

EVIDENCE BASE

Labour considers that one of the key strands of work that needs to be done from the emerging Regeneration Strategy is to undertake a detailed audit of the existing
employment land use in the borough. This should;
Clearly map out occupancy rates
Identify where is there low occupancy.
Identify the barriers to full occupancy and how can they be addressed to ensure occupancy is maximised. For example, is it stock condition, or other factors like the
environment, safety concerns, access to the business locations, public transport issues etc?

The audit should then translate into specific actions to collaborate with owners and business estates to help maximise usage of existing employment to help close the gap.

It could identify funding opportunities to help lever in owners who may not be interested in funding improvements to their land / properties.

Comment

Representation ID: 440

Received: 19/01/2024

Respondent: Dudley Labour Group

EVIDENCE BASE

This DMBC Programme should be focused to identify land sites that can be acquired and then made into employment land, if their locations are in employment areas, to help increase land for employment.

DMBC could prioritise action on derelict sites in high demand areas to help deliver much needed land for employment use. This could include collaboration with owners or use CPO powers to acquire land and use grant funding to prep sites for employment use

Support

Representation ID: 442

Received: 13/12/2023

Respondent: Revelan Developments Ltd

Agent: Harris Lamb

The Vision for Dudley Borough by 2041
The Vision for Dudley sets out a series of aspirations that the Council wish to see achieved through the delivery of the Local Plan. These include making Dudley an attractive and desirable place to live, work and visit, having strong, inclusive, resilient and thriving communities which enhance health and social wellbeing and providing a wide range of housing that will meet people's needs through their various life stages and is affordable to live in. We are generally supportive of the Vision in that it is aspirational and seeks to deliver the
development needs of its residents over the Plan period. We particularly welcome the intention to deliver a wide range of housing that will meet people's needs.

The development of my clients land interests to the north of Stourbridge town centre will directly contribute towards this objective. It will deliver high quality new homes and office space on redundant brownfield land.

Support

Representation ID: 443

Received: 13/12/2023

Respondent: Revelan Developments Ltd

Agent: Harris Lamb

Objectives and Strategic Priorities
Table 4.1 sets out the Council's Strategic Objectives and Priorities. Objective 1 is the conservation and enhancement of the natural and built environment including the strategic priority of addressing the climate and ecological emergency. We agree with this approach. This can best be achieved by directing development to brownfield sites in sustainable locations. We also welcome Strategic Priority 6, creating thriving neighbourhoods by providing new and affordable homes in range of sizes, types and tenures to meet the Borough’s housing needs. My client’s proposal for the redevelopment of their land interests to the north of Stourbridge town centre will directly deliver this objective.

Object

Representation ID: 462

Received: 18/12/2023

Respondent: Taylor Wimpey

Agent: Lichfields

3.0 Land at Clent View Road, Stourbridge
3.1 As set out in Section 1.0 of these representations, Taylor Wimpey is promoting land at Clent
View Road, Stourbridge for residential development. Taylor Wimpey UK Limited is a
dedicated homebuilding company with over 126 years' experience; Taylor Wimpey has an
unparalleled record in the housebuilding industry. Taylor Wimpey draws on experience as a
provider of the best quality homes to meet the expectations of today's residents. Taylor
Wimpey strives to locate development within sustainable locations and carefully considers
both the present and future benefits of development, therefore, creating positive impacts on
the surrounding environments and communities.
3.2 The Vision Document attached to appendix 2 of these representations demonstrates Taylor
Wimpey’s commitment to helping Dudley to achieve its aspirations and vision over the next
Plan Period, by creating an attractive and healthy environment for future residents which
focuses on sustainability, green infrastructure and biodiversity, community needs,
accessibility and active travel.
3.3 The site, encompassing an area of 3.8ha, is currently comprised of greenfield land used as
equestrian paddocks (Appendix 1 for a Site Location Plan). The site is located within the
Green Belt and adjoins the built-up area. It is bounded to the north by a public bridleway
beyond which is dense woodland and agricultural land. To the east there is a permissive
footpath named 'Roman Road', Clent View Road and the urban area of Stourbridge. This
footpath is separated from the Site and Clent View Road by hedgerows. To the south there
is a side road and a collection of mature trees along with some dense shrubbery, beyond
which lies High Lodge house and agricultural land. To the west, additional agricultural land
borders the site; further afield, there is a patch of dense woodland extending from High
Lodge Care Services northwards.
3.4 Taylor Wimpey considers that Land at Clent View Road forms a logical and sustainable
location for an urban extension, and its release from the Green Belt would make a significant
contribution to the housing needs of Dudley and the GBBCHMA. There are no physical or
technical constraints upon the development of the Site, and currently, no viability issues
affecting the deliverability of the Site. As such, if the Site is released from the Green Belt, it is
considered to be suitable, available and deliverable within the first 5 years of the Plan Period.
3.5 Dudley is ambitious with its pro-growth agenda and aims to expand in order to meet the
needs of the community. This is demonstrated within the vision for the new Local Plan
emphasising growth in homes and jobs and building a strong and resilient local economy.
However, as discussed above, future growth of the existing urban area and the deliverability
of brownfield land is restricted by a number of physical and economic constraints. The
actual supply of housing within the Local Plan period is likely to be lower than what has
been stated within the DLP. It is therefore a suitable and justified strategy for the Council to
consider the release of Green Belt land in order to meet the development needs of Dudley.
3.6 Taylor Wimpey considers that the land at Clent View Road offers an ideal opportunity to
deliver a high quality, attractive and well-integrated new neighbourhood, which forms a
natural and logical extension to Stourbridge with suitable connections to existing facilities
and community services.

3.7 The overall site area is 3.8ha, equating to approximately 80 new homes. The site provides
the opportunity to provide a development which is specific to its context and responding to
the needs of the local community. The proposals will retain and enhance the existing tree
belts and hedgerows which run along the boundaries of the Site to improve levels of Site
containment and mitigate visual impact. The Site is located to the west of the residential
area of Stourbridge in close proximity to a number of services and facilities in Stourbridge.
Schools, shops, residential communities, and leisure facilities are all accessible by a choice
of means of transport, including walking and cycling. The site is situated is situated 0.4km
from Shenstone Avenue bus stop, which provides regular services to the centre of
Stourbridge and Dudley.
3.8 The proposed development at Clent View Road aims to create a welcoming environment
that caters to the diverse requirements of prospective residents, addressing Dudley's
housing needs in the upcoming Local Plan period. These plans adhere to the '20-minute
neighbourhood concept, fostering improved access to sustainable transportation methods,
bolstering pedestrian and cycling links, and promoting active travel. The location offers
prospects for integration with current infrastructure, facilitating connections to nearby
primary and secondary schools, healthcare facilities, and other essential amenities crucial
for a high standard of living.
3.9 In summary, the site is ‘suitable, available and achievable’ and the Vision Document
(Appendix 2), submitted in support of these representations, demonstrates that the site is
capable of delivering an urban extension to the south-west of Stourbridge, on an
unconstrained site, which aligns with the Vision and objectives of the new Local Plan.

Comment

Representation ID: 467

Received: 19/12/2023

Respondent: Marlie Civils

Agent: RCA Regeneration Ltd

is a representation to the Regulation 18 Draft Dudley Local Plan which is subject to consultation until 22 December 2023. It is made on behalf of Marlie Civils, in respect of their land at New Hawne Colliery, Halesowen. The site falls entirely within Dudley Borough.
1.2.Considerable background work has been undertaken by Marlie, who are committed to the regeneration of the existing Colliery buildings, which are Grade II and II* listed. The remainder of the site is currently affected by a Site of Interest for Nature Conservation (SINC) designation, and the site has had a blanket TPO designation, although there is no evidence that this continues to be the case.
1.3.Marlie have commissioned ecology and tree surveys, and following early conversations with the council, some work has been undertaken to secure the listed buildings.
1.4.Marlie have also commissioned an architect to work up plans for a commercial scheme to regenerate the colliery buildings site and bring them back into active use. In connection with this, the applicant has engaged heritage consultants to advise on an appropriate strategy for their development. Further, Marlie have commissioned an intrusive ground conditions survey and a summary of findings have already been provided.
1.5.The landowners had previously put forward a residential development at the site, however, following pre application comments, the applicants have decided to change approach and are now progressing with a commercial scheme.
1.6.The following document covers a number of policies and paragraphs in the plan which are considered to be relevant to Marlie Civils and/or the site they are promoting. Marlie reserve the right make further representations in due course. It should be noted that not commenting on an aspect of the emerging plan does not mean they agree with that content.
1.7.The remainder of this representation document is as follows:
•Representation
•Conclusion

2.1. We consider that as a previously developed site, New Hawne Colliery presents a unique opportunity for new employment land to be delivered as part of the regeneration of the listed buildings, and the landowners are seeking a further allocation on the adjacent former colliery land, where it would have the lowest impact in ecology and arboricultural terms.
2.2.In addition to policy specific remarks, we would also comment that within the policies map, it is difficult to identify and differentiate between designations, particularly where there are multiple impacting a specific site or area due to overlapping lines. We would encourage the Council to investigate an interactive version, in keeping with other local planning authorities.
2.3.The following table summarises the policies that we have commented on in this representation:

Object

Representation ID: 490

Received: 22/12/2023

Respondent: Feoffess of Oldswinford Hospital (Foundation)

Agent: Turley

1.1 Turley is instructed by the Feoffees of Old Swinford Hospital (‘the Foundation’) in response to the Dudley Local Plan (‘DLP’) Regulation 18 consultation. The Foundation welcomes the opportunity to make representation on the draft version of the Local Plan.

1.2 The Feoffees of Old Swinford Hospital are the trustees of a charitable foundation which supports Old Swinford Hospital, a maintained voluntary aided school, situated in the centre of Stourbridge. The school was founded by Thomas Foley in 1667 as a place where boys could develop the skills and attributes required to go out into the wider world and make a difference. Upon Thomas Foley's death, the school was left to a group of trustees, his sons among them, known as Feoffees. This family tradition has survived the centuries and the Feoffees, including several direct descendants of the Founder, retain an active involvement in the School of the Foundation today as Feoffees and Governors. The School is now fully co-educational and welcomes both boys and girls, both as boarders and as day pupils.

The Sites
1.3 The Foundation is actively promoting two sites within Dudley Borough:
• Land at Racecourse Lane, Stourbridge (‘Racecourse Lane’)
• Land to the West of Worcester Lane, Stourbridge (‘Worcester Lane’)

1.4 Both sites were submitted via the Call for Sites exercise in March 20231. The Foundation owns the land at Racecourse Lane and Worcester Lane and plans to develop each site separately for new homes whilst retaining and enhancing recreational and green spaces. The income generated from the development will be reinvested entirely to support the Foundation’s charitable object, Old Swinford Hospital.

Racecourse Lane
1.5 Racecourse Lane comprises the Stourbridge Golf Course to the north of Racecourse Lane, and an area of arable farmland to the south. Racecourse Lane is surrounded by existing residential development to the west, north, east and south-east.
1.6 Racecourse Lane in an area of High Historic Landscape Value. The existing golf course is covered by two non-statutory designated sites for nature conservation. The western half of the golf course is designated as a Site of Importance for Nature Conservation (‘SINC’), referred to as Pedmore Common. The eastern half is designated as a Site of Local Importance for Nature Conservation (‘SLINC’), referred to as ‘Stourbridge Golf Course’. Additionally, two further SINCS, which do not form part of any proposed development site, are located near to Racecourse Lane, with Ounty John Wood adjacent to the eastern boundary of the arable farmland, and Norton Covert to the west of the arable farmland.

1.7 There is a Public Right of Way (‘PRoW’) which extends north from Racecourse Lane, passing through Stourbridge Golf Course, connecting to Melrose Avenue.

The Proposal
1.8 The vision for Racecourse Lane is to create a new neighbourhood of up to 650-700 new homes on the edge of Stourbridge to be of the highest standard, featuring bespoke, high-quality homes within an attractive landscape. The new neighbourhood will also feature the provision of on-site community infrastructure, including a primary school and nursery, and health centre/community hub.
1.9 The new neighbourhood will provide a natural urban extension to Stourbridge which reinforces the existing settlement pattern. The proposals for Racecourse Lane are landscape and biodiversity creation led, therefore key features of these proposals are new areas of woodland and creating opportunities for recreation and biodiversity.

1.10 As demonstrated by the enclosed concept masterplan in Appendix 1, the proposals for Racecourse Lane include:
•The delivery of approximately 650-700 new homes of a mixture of sizes, densities and tenures;
•Provision of education and childcare facilities, including a potential primary school and nursery to the west of the site;
•Provision of a new health centre;
•Re-provision of a golf course circa 43ha, which will remain in the Green Belt and provide a new defensible boundary;
•Preservation and enhancement of existing woodland, as well as the creation of additional woodland to protect and provide opportunities for recreation and biodiversity whilst providing a natural buffer to the north, whilst also delivering a newly accessible woodland, complementing the wider areas of public open space to be provided elsewhere within the development;
•Provision of significant public open space which will incorporate opportunities for locally equipped areas of play for new residents and surrounding neighbourhoods to enjoy;
•Provision of green infrastructure running through the development, incorporating tree planting, drainage features and pedestrian and cycle links;
•Re-providing the value of the existing Site of Important Nature Conservation (SINC) and, overall, delivering a measurable biodiversity net gain (as demonstrated by the Biodiversity Technical Note);
• Potential to deliver highways improvements that would make a positive contribution to the surrounding neighbourhood on the grounds of safety, reduction of carbon emissions and the environment; and
• In total circa 30% of the existing golf course site will become green infrastructure and open space as part of the proposals.

Achievability
1.11 Overall, Racecourse Lane has strong potential to be brought forward for housing over the medium term. The Foundation are the sole owners of the land therefore a planning application could be submitted immediately following adoption of the Dudley Local Plan. The proposals for Racecourse Lane are supported by Ecology and Transport technical notes enclosed in Appendices 2-3.

1.12 There are no technical constraints to development. The Historic England online register indicates that there are no listed buildings or scheduled ancient monuments within the site. The on-site constraints which have been identified such as the ProW, Pedmore Common SINC, Stourbridge Golf Course SLINC, and Ounty Johns Wood SINC are all set to be significantly enhanced by the proposals.

Worcester Lane
1.13 Worcester Lane compromises relatively flat agricultural land with a Public Right of Way (PRoW) (ref: STR0140) running through the site from northeast to southwest. Worcester Lane is bound by existing homes to the east, a railway line to the west, and further development to the north, beyond the adjacent land which forms part of the same proposed allocation. Whilst there are no formal vehicle access points into the site at present, the site would have its own vehicular access off Worcester Lane, as well as an access point to the PRoW. There are existing tree and hedgerows within and around the site. The retention and enhancement of these features has been investigated as part of the preparation for the illustrative layout for Worcester Lane.

1.14 Worcester Lane is located within the Green Belt however it is not constrained by any environmental designations such as Sites of Special Scientific Interest, Special Areas of Conservation, Special Protection Areas or Ramsar sites. The Aqueduct Railway Cutting SLINC lies 10m south-west of the development which can be accessed from the public footpath running through the site. There are no heritage assets located within or close by Worcester Lane.

The Proposal
1.15 The proposed development at Worcester Lane could deliver circa 120 new homes of a mixture of sizes, densities and tenures, including affordable housing in a sustainable location that will round off the existing settlement edge as shown in the enclosed Illustrative Layout in Appendix 4. The proposals for Worcester Lane are supported by a number of technical notes in Appendices 5-10.

1.16 The proposals include a robust landscape buffer (circa 20m deep) at the southern extent, creating a new defensible Green Belt boundary as well as supporting wildlife and biodiversity enhancements. The proposals reflect the appearance and character of the surrounding area and maximise connectivity, including re-providing the PRoW which currently crosses the site. There is also the opportunity to potentially provide additional car parking on site, relieving the pressure on nearby streets as they can be used for parking by people wishing to walk in the wider area.

1.17 In addition to above, two areas of play and extensive public open space are proposed, including a new recreational route for new and existing residents to enjoy. The existing vegetation along Worcester Lane will be maintained along with additional planning of a mixture of trees.

1.18 A buffer is also to be provided between homes and the railway corridor to the west to ensure any noise from the railway line is mitigated.

1.19 Worcester Lane previously formed part of a wider proposed allocation in the now abandoned Draft Black Country Plan 2039 (site ref: DUH209). We will continue to engage with the landowners to the north to ensure a coordinated and comprehensive development is delivered across both sites, including exploring links between the two.

Achievability
1.20 Worcester Lane is unconstrained. There are no listed buildings or scheduled ancient monuments within or nearby, and there is no ecological designation, as demonstrated by the site assessment prepared by the Council as part of the now abandoned Black Country Plan (site ref: DUH209). Worcester Lane benefits from being in an accessible and sustainable location. No significant infrastructure is required to support the proposed new homes. Worcester Lane can be delivered early on in any plan period and so can assist the Council in maintaining a strong housing land supply following adoption of the Dudley Local Plan.

Object

Representation ID: 497

Received: 22/01/2024

Respondent: St Phillips Land Limited

Agent: Lichfields

Land at Foxcote Farm, Stourbridge

1.3 A Vision Document (Appendix 2) has been submitted alongside these representations to support the proposals for residential development at Land at Foxcote Farm, Stourbridge. The Site lies within the Green Belt and is located immediately adjacent to the urban area. The site currently comprises agricultural land.
A Site Location Plan is included as Appendix 1.

1.4 A separate Delivery Statement has also been prepared by CBRE to assess the viability of the proposed development against the policy requirements of the Dudley Local Plan Regulation 18 consultation. This clearly demonstrates that the land at Foxcote Farm can be brought forward on the basis of full compliance with the Local Plan and is fully viable and deliverable. A copy of the Deliverability Statement is appended to these representations as Appendix 3.

1.5 The site is accessible to existing community and social facilities with public transport links available within walking distance of the proposed development. Existing footways connect the site to bus stops on Oldnall Road, which provide connections to Merry Hill and Halesowen. The nearest station is Lye Railway station which is located 2.0km away, accessible within 20 minutes via public transport. The station provides services to Birmingham, Worcester and Stratford-upon-Avon.

Plan-Making to Date

1.6 The existing development plan for Dudley comprises the following documents:

• The Black Country Core Strategy (adopted February 2011);

• Dudley Borough Development Strategy (adopted February 2017);

• Brierley Hill Area Action Plan (adopted August 2011);

• Dudley Area Action Plan (adopted February 2017);

• Halesowen Area Action Plan (adopted October 2013);

• Stourbridge Area Action Plan (adopted October 2013)

1.7 Previously, the four Black Country Planning Authorities (Walsall, Dudley, Sandwell and Wolverhampton) were in the process of undertaking a review of the Black Country Core Strategy. As per NPPF paragraph 33, “Reviews should be completed no later than five years from the adoption date of a plan and should take into account changing circumstances affecting the area, or any relevant changes in national policy”.

1.8 The Black Country Authorities (BCAs) carried out an Issues and Options consultation (“IOC”) between 3rd July and 8th September 2017. Following on from this, the BCAs consulted upon the Draft Black Country Plan Consultation between 16th August to 11th October 2021. The draft plan considered a range of issues, including the amount of housing and employment land needed within the Black Country up to 2039. Other topics included, inter alia, infrastructure provision, health and wellbeing and the natural and historic environment.

1.9 However, it was announced in October 2022 that the Councils had failed to reach a consensus on the approach and therefore each Council is now preparing their own Local Plan. Subsequently, Dudley is in the early stages of preparing a new local plan, known as the Dudley Local Plan 2041. The Local Plan Review is required to review, inter alia, the housing and employment needs of Dudley.

1.10 The Council is now undertaking a consultation on the Draft Dudley Local Plan (Regulation
18) which will run up until 22nd December 2023. The draft plan considers proposed development allocations, the distribution throughout Dudley and a range of draft policies on topics such as infrastructure, housing provision, the environment, climate change, and transport.

Structure

1.11 The Draft Dudley Local Plan sets out several policies relating to the different matters and issues. As such, these representations respond to the following draft DLP Policies and Evidence Base documents within Section 2.0 of this report:

1 Spatial Strategy Policies

a Draft Policy DLP1 (Development Strategy)

2 Non-Strategic Policies

a Draft Policy DLP12 (Delivering Affordable, Wheelchair Accessible and Self-Build / Custom-Build Housing)

3 Draft Dudley Local Plan Viability Assessment

1.12 In support of these representations, CBRE has produced a site-specific Deliverability Statement (Appendix 3) which will be discussed within section 3.0. Additionally, a Viability Report has been completed by CBRE (Appendix 4) which reviews the findings and assumptions put forward by Aspinall Verdi within the Dudley Local Plan Viability Assessment. The conclusions of this review will be summarised and discussed within section 2.0 of these representations.

Comment

Representation ID: 500

Received: 22/01/2024

Respondent: St Phillips Land Limited

Agent: Lichfields

3.0 Land at Foxcote Farm, Stourbridge

3.1 As set out in Section 1.0 of these representations, St Philips is promoting land at Foxcote Farm, Stourbridge for landscape-led residential development. St Philips strives to locate development within sustainable locations and carefully considers both the present and future benefits of development, therefore, creating positive impacts on the surrounding environments and communities. They work exceptionally closely with their consultancy team, delivering well-thought-out strategies and layouts which are rigorously scrutinised in order to achieve high-quality results.

3.2 The objectives and Vision set out within the DLP align with St Philips’ own ambitions to invest in and deliver a new development of the highest quality in this location. The Vision Document attached to Appendix 2 of these representations demonstrates St Philips’ commitment to helping Dudley to achieve its aspirations and vision over the next Plan Period, by creating an attractive and healthy environment for future residents which focuses on sustainability, green infrastructure and biodiversity, accessibility and active travel.

3.3 The site, encompassing an area of 43.28ha, is currently used as agricultural land and is accessed via Oldnall Road (Appendix 1 for a Site Location Plan). The site is located within the Green Belt and adjoins the built-up area. The site is bound to the west by a public footpath and residential development along Grove Road, with Wynall Lane further afield. To the east, the site is bound by Cradley Town Football and Social Club and greenfield land. To the south, the site is bordered by Wynall Lane and Foxcote Lane, with greenfield land beyond. The northern boundary of the site is bound Oldnall Road, as well as a mixture of woodland and residential land.

3.4 St Philips considers that Land at Foxcote Farm forms a logical and sustainable location for an urban extension, and its release from the Green Belt would make a significant contribution to the housing needs of Dudley and the GBBCHMA. There are no physical or technical constraints upon the development of the Site, and currently, no viability issues affecting the deliverability of the Site. As such, if the Site is released from the Green Belt, it is considered to be suitable, available and deliverable within the first 5-10 years of the Plan Period.

3.5 Whilst the vision for the new Local Plan emphasises growth in homes and jobs and building a strong and resilient local economy, as discussed above, future growth of the existing urban area and the deliverability of brownfield land is restricted by a number of physical and economic constraints. The actual supply of housing within the plan period is likely to be lower than stated within the DLP. It is therefore a suitable and justified strategy for the Council to consider the release of Green Belt land in order to meet the development needs of Dudley.

3.6 St Philips considers that the land at Foxcote Farm offers an ideal opportunity to deliver a high-quality, attractive and well-integrated new neighbourhood, which forms a natural and logical extension to Stourbridge with suitable connections to existing facilities and community services.

3.7 The overall site area is 43.28ha, of which 23.86 hectares are currently being proposed for residential development, equating to approximately 800 new homes, alongside the provision of land to accommodate a new primary school and a new local centre to serve future residents daily needs. The site also provides the opportunity to improve accessibility in this part of Stourbridge in terms of public transport and pedestrian and cycle paths, areas of green open space with the potential for sports pitches and extensive blue and green
infrastructure networks and improvements to the environment, and ecological enhancements in order to achieve a minimum 10% net-gain in biodiversity. Suitable planting will be provided creating an environmental buffer along the eastern boundary of the site.

3.8 The proposed development at Foxcote Farm will be an inclusive place that meets the needs of a broad range of future residents, contributing towards meeting the housing needs of Dudley over the next plan period. The proposals align with the ‘20-minute neighbourhood’ principle and enhance the accessibility of sustainable modes of transport, improving pedestrian and cycle connectivity and encouraging active travel. The site presents opportunities to connect to existing infrastructure providing connections to local primary and secondary schools, healthcare and the essential facilities required for a high quality of life.

3.9 In summary, the site is ‘suitable, available and achievable’ and the Vision Document (Appendix 2), submitted in support of these representations, demonstrates that the site is capable of delivering an urban extension to the south-west of Stourbridge, on a relatively unconstrained site, which aligns with the Vision and objectives of the new Local Plan.

Site Deliverability

3.10 A site Deliverability Statement (“DS”) (Appendix 3) has been prepared by CBRE in support of these representations with the aim of promoting the site for allocation within the Dudley Local Plan Review.

3.11 The DS assesses, and reports upon, the financial viability of the proposed strategic residential-led development site at land at Foxcote Farm. The DS tests the financial viability of the proposed development at the site, taking into account the emerging policy requirements set by the Council within the Draft Dudley Local Plan, as well as national planning policy guidance.

3.12 The policy-compliant viability appraisal incorporates the full 20% provision of affordable housing on-site, along with accessible housing, at the tenure mix sought by the Council, plus a compliant package of S106 contributions and substantive CIL liability that would meet the policy requirements of the draft Local Plan.

3.13 The site would also deliver new sustainable housing growth and would align with the policy aspirations under draft Policy DLP10 (Delivering Sustainable Housing Growth) and would provide development-related infrastructure in accordance with draft Policy DLP6 (Infrastructure Provision), which would include a new primary school in accordance with Policy DLP16 (Education Facilities).

3.14 The Vision Document demonstrates how the site can deliver new on-site open space, that accommodates a minimum of 10% Bio-diversity Net Gain in accordance with draft Policy DLP32, which secures the protection of important nature conservation features in accordance with draft Policy DLP33 and DLP34.

3.15 Overall, the delivery of development at Foxcote Farm would assist in achieving the Council’s aspiration in respect of creating development that can deliver an environment that will support healthy communities with access to local facilities and open space.

3.16 The delivery of the proposed development of Foxcote Farm on a basis in full compliance with the draft Local Plan, has been assessed as fully viable and deliverable for the purpose of the allocation within the Council’s draft Local Plan

Support

Representation ID: 504

Received: 22/12/2023

Respondent: Sovereign Centros

Agent: Williams Gallagher

Support in principle for the vision for Brierly Hill Strategic Centre 2041, including the aspiration for the Centre to be more than a shopping destination, including benefiting from a revitalised night-time economy and family orientated leisure facilities and having a greater residential population.