Support

Representation ID: 505

Received: 22/12/2023

Respondent: Sovereign Centros

Agent: Williams Gallagher

Support in principle for overarching vision for the Borough including the need for centres to benefit from additional local community and leisure orientated facilities and increased residential populations.

Comment

Representation ID: 522

Received: 21/12/2023

Respondent: Warwickshire Council

Thank you for consulting the County Council on the draft Local Plan.
Whilst we do not share a boundary with the Dudley district, there's a lot of common
usage of the M42 south of Solihull by both Stratford District and Dudley Borough
residents, and the Kidderminster/ Worcester rail line, and the Chiltern line run through
Dudley Borough at Stourbridge and then on to Birmingham and directly to either
Stratford or Warwick/ Leamington and then London.
The lack of employment land coming forward in the Black Country may be
encouraging more development in Warwickshire. the larger housing developments
proposed won't have much impact on Warwickshire as it's a different market. They're
not particularly near the Warwickshire rail links, but some people could live there and
commute by car, or via the station and drive.
The Council therefore has no objections to the draft plan

Comment

Representation ID: 528

Received: 14/11/2023

Respondent: Nuneaton and Bedworth Borough Council

Thank you for consulting Nuneaton and Bedworth Borough Council (NBBC) on the draft Dudley Local Plan.
Whilst NBBC lies outside of the Greater Birmingham and Black Country Housing Market Area (HMA), a number of our neighbouring authorities do fall within the Greater Birmingham and Black Country HMA as well as the Coventry and Warwickshire HMA, therefore whilst we do not have any formal comments to submit in response to the consultation we would appreciate if you could add our consultation database and if we could be kept up to date on progress with your plan

Object

Representation ID: 534

Received: 22/12/2023

Respondent: Goldfinch Town Planning Services (West Midlands)

Land located south of Racecourse Lane, Norton, Stourbridge should be removed from the Green Belt boundary within the Local Plan Review, and should be allocated as a major new sustainable urban extension to deliver housing for the various reasons highlighted below. This is a key issue and the main focus of Goldfinch Town Planning Services Local Plan Representation (December 2023).

Robust, defendable and up-to-date photographic evidence contained in this Local Plan Representation (December 2023) demonstrates that the Green Belt farmland located south of Racecourse Lane, Norton, Stourbridge is of a very low quality from a Green Belt landscape perspective, climate change mitigation perspective (e.g. given its intensively farmed character and severe shortage of existing tree cover) and biodiversity perspective, and has no significant or special historic environment landscape value. It forms an area of sterile intensively farmed countryside, where many features have since been removed from the farmland rural landscape over the last 50 years, due to intensive farming practices. Including miles of previous extensive hedgerow networks crossing pasture farmland, mature veteran and ancient trees from hedgerow networks, removal of woodland copses, wetlands, etc. This area has no special landscape merit. It should therefore be fully removed from the Green Belt boundary and developed for a new major housing-led sustainable urban extension south of Stourbridge. This site meets a range of sustainability criteria for major new housing development, given its immediate proximity to already long-established major residential communities within the Norton area (on its northern boundary), its excellent access to good quality public transport connections, and its close proximity to a main town centre location - Stourbridge Town Centre. Importantly, releasing this area from the Green Belt boundary within the Local Plan Review and developing this area for major new housing development would help to relieve significant urban cramming pressures and poor-quality environmental conditions currently affecting the environmental quality of the heavily constrained and congested Dudley Borough inner urban area. As well as help to significantly improve the resilience of the inner urban area to cope with future climate change pressures as discussed further below.

Given that the Green Belt farmland located south of Racecourse Lane, Norton, Stourbridge has no special rural landscape merit or historic environment landscape value, it does not therefore meet and robustly satisfy the Green Belt purpose as set out in paragraph 143 (indent d) of the Revised NPPF (2023). Continuing to defend this site on Green Belt landscape planning policy grounds is not a robust or defendable planning policy position to take within the emerging Local Plan Review going forwards.

Need: There is a NEED for this development proposal (to deliver a major new build housing-led urban extension on land located south of Racecourse Lane, Norton, Stourbridge) given the severe and chronic housing shortage currently affecting the Dudley Metropolitan Borough. For a number of years the borough has suffered from long-standing housing shortfalls and significant delivery problems associated with bringing forward major urban brownfield land within the inner urban area for major new housing development, due to significant site constraints, flood risk pressures, contaminated land, mine shafts, and vehicular access problems. The land located at Old Wharf Road on the northern edge of Stourbridge Town Centre and Daniels Land located opposite the Copthorne Hotel in Brierley Hill Strategic Centre are both good examples of the site constraints affecting existing major housing site allocations (identified in previous Local Plan Reviews) within the inner urban area, which have been allocated for housing for a number of years and already have planning consent for a number of years. But have both consistently failed to come forward.

Land located south of Racecourse Lane, Norton, Stourbridge should be fully removed from the Green Belt boundary within the Local Plan Review and should be allocated as a major new sustainable urban extension to deliver thousands of new homes to help relieve pressures and protect the environmental quality of the Dudley Borough’s inner urban area. Developing this site for major new housing development would help to boost the supply of new housing in a sustainable and deliverable site location consistent with guidance reinforced in paragraph 60 of the Revised NPPF (2023).

In total, 10,876 new homes are being proposed across the borough within the emerging Local Plan Review during its shelf-life up until the year 2041. Based on 3 cars per household, this will generate an additional 32,628 thousand additional cars on the borough’s inner urban area already heavily constrained, heavily congested and pressured road networks. We would therefore urge the LPA to re-consider releasing some Green Belt land via a major housing-led sustainable urban extension south of Racecourse Lane, Norton, Stourbridge to help relieve significant highway congestion pressures affecting the Dudley Metropolitan Borough inner urban area. This planning policy approach would help to improve the climate change resilience of the Dudley Borough inner urban area to future climate change pressures as discussed further below.

Goldfinch Town Planning Services considers that it is possible to provide compensatory measures to help provide new wildlife habitat features/ habitat enhancements to help deliver net gains for biodiversity, within high quality new build residential schemes- consistent with guidance in paragraphs 8 (indent c), 120 (indent a), 174 (indent d), 179 (indent b) and 180 (indent d) of the Revised NPPF (2023).

Goldfinch Town Planning Services maintains its view that this is particularly possible and relevant when progressing new build housing development schemes coming forward on low-quality green space sites. Such as underutilised, low-quality former horse grazing paddock land, and for site locations coming forward within areas of severely ecologically damaged open countryside. Which have suffered from considerable and constant ecological habitat damage, as a direct result of years of uncontrolled mechanized industrial-scale intensive farming practices. Which has resulted in the widescale removal of features from the rural landscape which would have previously provided important and highly beneficial wildlife habitats. For example, such as farmland wildlife ponds and other wetland habitat features, extensive hedgerow networks previously crossing large-expanses of farmland, removal of veteran and ancient trees within hedgerow networks due to widespread hedgerow destruction. Loss of wild flower hedgerow field margins, small woodland copses, wildflower meadows, etc.

Up-to-date photographic evidence in this Local Plan Representation provides robust and defendable evidence to demonstrate that extensive areas of Green Belt farmland located south of Racecourse Lane, Norton, Stourbridge has particularly suffered from significant environmental damage as a result of 50 years of successive intensive farming practices, which have all resulted in the removal of miles of hedgerow networks, removal of woodland copses and blanket tree removal across vast areas of southern Green Belt countryside, wetland habitat features, mature veteran and ancient trees, wildflower meadows, etc. This has all created a vast, open, sterile, prairie style “severely ecologically damaged and heavily eroded rural landscape,” which now has no significant biodiversity interest.

There is therefore an significant opportunity to replace some of the threatened wildlife habitat features that have already been lost from this area of countryside, within a future new-build residential site layout coming forward as part of a future major housing-led sustainable urban extension, to help deliver net gains for biodiversity, consistent with the planning policy approach strongly encouraged in paragraphs 8 (indent c), 120 (indent a), 174 (indent d), 179 (indent b), and paragraph 180 (indent d) of the Revised NPPF (2023).

Guidance in paragraph 180 (indent d) of the Revised NPPF (2023) is perfectly clear in its view that development proposals whose primary objective is to conserve or enhance biodiversity should be strongly supported by Local Planning Authorities.

This biodiversity enhancement approach discussed above is also strongly supported and encouraged by guidance from the Birmingham and Black Country Local Biodiversity Action Plan (BAP), which, alongside the Birmingham and Black Country Wildlife Trust, are both highly supportive of new build housing development proposals which include measures which actively seek to support the recovery of vulnerable and highly fragile populations of Priority Wildlife Species, and the recovery of priority wildlife habitat features across the wider Birmingham and Black Country sub-region.

There is therefore a sufficiently robust, clear and compelling planning policy case to release the area of Green Belt farmland located south of Racecourse Lane, Norton, Stourbridge for a major new housing-led sustainable urban extension, in order to help deliver substantial new nature conservation habitat creation/green infrastructure benefits and climate change mitigation features (via significant new tree planting and wetland habitat creation features), within an area of currently severely ecologically damaged intensive farmland.

Comment

Representation ID: 544

Received: 23/01/2024

Respondent: Birmingham City Council

Duty to Cooperate
Through evidence provided for its new Local Plan, Birmingham City Council has identified an initial estimated significant shortfall of 78,415 homes and a shortfall of 73.64 hectares of employment land across the city for the proposed Plan period of 2022-2042. As stated previously, the figures include land for approximately 5,500 dwellings at Langley and 71 hectares of employment land at Peddimore which were taken out of the Green Belt when the Birmingham Development Plan was adopted.
Birmingham Council still have further work to do to identify further potential sources of housing land supply and will ensure that opportunities within its administrative area will be truly maximised prior to any shortfall being exported to other areas. However, it is likely that there will still be a significant housing and employment land shortfalls in Birmingham to add to that being experienced in the rest of the conurbation.
Sandwell Council too has identified a shortfall of approximately 18,606 dwellings and a 189-hectare shortfall of employment land and, because Sandwell is highly constrained within the West Midlands Conurbation, this has further added to the considerable land pressures affecting the capacity of the Birmingham and Black Country Housing Market Area and the West Midlands Functional Economic Market Area to meet their land requirements.
It is therefore important that Dudley continues to strive to accommodate as much housing and employment as possible to meet its own needs by making effective use of land and maximising densities. However, this should also include opportunities to carry out development on the edge of the conurbation, including the release of land from the green belt as happened in Birmingham, to promote sustainable patterns of growth in line with paragraph 147 of the NPPF. This has made a significant contribution to the housing and employment land shortfalls within Birmingham through the Langley Sustainable Urban Extension and the Peddimore employment site. Other Councils within the Birmingham and Black Country HMA have also released Green Belt land in order to contribute to meeting their own housing and employment needs as well as contributing to the shortfall of the HMA. These include Solihull MBC, Redditch BC, North Warwickshire BC, Stratford-on-Avon DC and Tamworth BC.
The publication of the Draft Black Country Plan in 2021, as well as the evidence provided in support, put forward sustainable housing development sites on land currently in the Green Belt in Dudley and elsewhere in the Black Country. This would have provided much needed housing growth to alleviate the issues highlighted above as part of sustainable patterns of growth on the edge of the conurbation in the same way that green belt land has been released in other parts of the HMA including Birmingham.
It is therefore disappointing that these sites have now been removed as the DLP has evolved from the BCP Preferred Options, particularly if they have been assessed as being weak or having no contribution to the purposes of the green belt in the Green Belt Assessment (carried out by LUC as part of the evidence base). The exclusion of these sites has meant that opportunities to provide additional development to alleviate housing and employment land shortfalls in Dudley, as well as the wider West Midlands conurbation and its HMA through the Duty to Cooperate, have been lost. The consequence is that housing and employment opportunities will, either have to be exported to other parts of the HMA further away from where the housing need is derived or lost altogether. The resulting under-supply also places additional pressures on the housing supply in other authorities within the HMA, many of which have unmet housing and employment needs themselves. This also makes it difficult for Dudley to demonstrate and justify that it has maximised its supply before seeking to export any unmet need elsewhere. This is particularly true when dealing with local planning authorities which have previously released land from the green belt to fulfil their own needs and, in some cases, contributed towards unmet needs elsewhere as part of their Duty to Cooperate.
National Planning Policy Framework conformity and soundness
The revised NPPF (December 2023) states in paragraph 145 that, one established, there is no requirement for Green Belt boundaries to be reviewed or changed when plans are being prepared or updated. However, green belt boundaries can be reviewed or altered where exceptional circumstances exist as also set out within the same paragraph. The high levels of unmet need being experienced across the Conurbation and the wider Birmingham and Black Country HMA could be considered as exceptional enough to warrant a Green Belt boundary alteration as has previously been carried out in Birmingham and elsewhere. This is coupled with the ‘soundness’ requirements set out in paragraph 35 of the NPPF which requires plans to be positively prepared by “…providing a strategy which, as a minimum, seeks to meet the area’s objectively assessed needs…”. Together, this could therefore raise questions as to whether the approach being taken in the DLP meets NPPF soundness requirements given that, previously, the draft BCP demonstrated that it is practical for Dudley to meet its own needs as well as accommodate some unmet housing need from neighbouring authorities.
Summary
The City Council appreciates the development pressures that Dudley, along with all local authorities across the West Midlands, is experiencing in terms of mounting housing and employment land requirements. In the DLP, Dudley has taken steps to maximise its brownfield development potential which is supported. However, many authorities, including Birmingham, have made difficult decisions in order to maximise development opportunities further such as removing land from the Green Belt as a last resort when all other options have been exhausted. It is therefore disappointing that, having previously proposed to remove some sites from the green belt in the BCP Preferred Options consultation to contribute to the unmet needs within Dudley and the HMA, Dudley Council are now proposing not to replicate the approach taken elsewhere and have removed these sites from consideration. The consequence is that housing and employment opportunities will, either have to be exported to other parts of the HMA further away from where the housing need is derived or lost altogether.
The high levels of potential unmet housing and employment land needs being experienced across the conurbation, (currently estimated to be just under 100,000 dwellings and around 335 hectares of employment land just for Birmingham, Dudley and Sandwell combined), could be considered as an exceptional circumstance to justify taking sites out of the Green Belt, as done elsewhere, in line with paragraphs 145 and 146 of the revised NPPF. Reconsideration of the additional site allocations originally proposed in the BCP Preferred Options would be in line with the approach taken by other local authorities in the West Midlands in adopted or proposed local plan documents and would assist in removing any doubts surrounding the soundness of the DLP in being positively prepared and in accordance with the Duty to Cooperate. Failing that, further work may be necessary to justify the current proposed approach being taken in the DLP as a departure from the position taken when site allocations and the policy approach within Dudley were last out to consultation as part of the Draft BCP.

Object

Representation ID: 547

Received: 22/12/2023

Respondent: Goldfinch Town Planning Services (West Midlands)

The proposed new housing site allocations are not clearly presented within the Council’s emerging Local Plan Review ‘Draft Plan’ stage report (Regulation 18 (November 2023). They should be provided in an Appendix Section with each proposed housing site allocation accompanied by a O.S base plan, with the proposed housing allocation outlined in red ink. With street names clearly visible on the O.S. based plan. A recent photograph of each proposed housing allocation site would also be beneficial. The way that the information is currently displayed is vague and unclear, and does not assist local communities, landowners and other key stakeholders, in accordance with guidance set out in paragraph 16 (indent c) of the Revised NPPF (2023).

Object

Representation ID: 548

Received: 22/12/2023

Respondent: Goldfinch Town Planning Services (West Midlands)

The consultation website for the Local Plan Review (November 2023) consultation is confusing and unclear. It is not easy to locate the November 2023 public consultation document (the actual Local Plan Report subject to consultation) on the Council’s consultation website. The Council needs to ensure that the main Local Plan report is easily and quickly accessible to the public and key stakeholders in order to ensure an effective public consultation approach, consistent with guidance reinforced within paragraph 16 (indent c) of the Revised NPPF (2023) which confirms that: “…Plan should (indent c) be shaped by early, proportionate and effective engagement between plan-makers and communities, local organisations, businesses, infrastructure providers and operators and statutory consultees…”

We continue to have concerns and object in relation to the use of the Consultation Portal (Opus Consult) Local Plan consultation system which is being used by the Council’s Planning Policy Team to support Local Plan preparation. As a key local stakeholder, we maintain our view that the Local Plans Consultation Portal (Opus Consult) is unclear and highly confusing for members of the public, community pressure groups, elderly residents over 75 years of age, local businesses, landowners, and other key stakeholders. The Consultation Portal is not fit-for purpose. This creates a highly restrictive approach and forms a barrier to effective community engagement. These types of public consultation portals, which are both highly ineffective and unnecessarily complex, and have financially expensive ongoing maintenance costs, are not effective ways for Local Planning Authorities (LPA’s) to consult local communities for Local Plan Reviews, and are a considerable waste of local taxpayer’s money during a severe cost-of-living crisis. Given the very high financial service costs or running/ maintaining these consultation portals by the private sector companies who operate these systems. These consultation portals do not deliver effective consultation strategies and therefore fail to respond and directly conflict with guidance reinforced within paragraph 16 (indent c) of the Revised NPPF (2023) which confirms that: “…Plans should (indent b) be shaped by early, proportionate and effective engagement between plan-makers and communities, local organisations, businesses, infrastructure providers and operators and statutory consultees…” During a severe economic recession and at a time when a significant increasing number of Council’s across the UK are filling for effective bankruptcy, the LPA should be using much more cost effective public consultation approaches which deliver meaningful outcomes for local communities and key stakeholders.

Comment

Representation ID: 587

Received: 18/01/2024

Respondent: Environment Agency

EVIDENCE BASE

Steps are required to complete the evidence work for the plan to be found sound. Water quality and wastewater is a topic for Dudley that needs further attention both in terms of ensuring capacity exists to accommodate the growth proposals, and ensuring the policies protect and improve water quality.

Comment

Representation ID: 588

Received: 18/01/2024

Respondent: Environment Agency

GENERAL POLICIES

As a general observation, the policies tend to use ambiguous or unquantified qualifiers such as “where appropriate”, “where viability constraints allow”, “where possible/practical”, “support”, “if feasible”, “consider”, “usually”, “normally”, “suggest”, “encourage”, etc. Such terms, unless fully justified and defined can easily undermine the intention of the policy, opening opportunities for derogations, exceptions, or appeals. Please review the policies for relative strength of wording as this will help to ensure the policies drive the type of development that meet the objectives of the Local Plan.

Comment

Representation ID: 589

Received: 18/01/2024

Respondent: Environment Agency

SUSTAINABILITY APPRAISAL/SITE ASSESSMENT

We have briefly reviewed the Site Assessment Report and Sustainability Appraisal. Although flood risk is referenced in both these documents, there was no specific reference to the flood risk sequential test, and it wasn’t clear to what extent the aims of the sequential test have been applied or achieved.

Comment

Representation ID: 590

Received: 18/01/2024

Respondent: Environment Agency

SITE ASSESSMENT METHODOLOGY

On page 12, although reference has been made to the Black Country Strategic Flood Risk Assessment (2020 and 2021 update), it would be difficult to determine an amber or red rating without consulting a Level 2 Strategic Flood Risk Assessment. The Level 2 SFRA will determine the overall deliverability of a site, it’s ability to pass the Exceptions Test and whether the capacity of the site would be hindered by flood risk constraints or necessary mitigation measures.

Comment

Representation ID: 591

Received: 18/01/2024

Respondent: Environment Agency

SA/SFRA

The Sustainability Appraisal (SA) commentary (page 25) appraises the housing growth options are against SA Objective 5 ‘Climate Change Adaptation.’ The comments focus on whether Options 1, 2 and 3 would result in a loss of open space or Green Infrastructure which would in turn exacerbate surface water flood risk or have adverse implications for adaptation. However, the growth options are not appraised as to whether they would meet the aims of the Sequential Test based on information supplied in the Council’s SFRA. See NPPF p.158

Before the next consultation on the plan, the Council will need to provide evidence that the Sequential Test has been applied to the local plan. This can either be as part of the Sustainability Appraisal, or preferably a standalone document.

Comment

Representation ID: 592

Received: 18/01/2024

Respondent: Environment Agency

EVIDENCE BASE - SFRA Level 2

The Council will need to ensure SRFA Level 2 is considered and demonstrated prior to the next iteration of the Local Plan. The SFRA consultants will need to screen sites requiring a Level 2 Assessment. There are 11 site allocations which have significant fluvial flooding present on the site and 8 sites with smaller amounts of fluvial flooding on-site.

Comment

Representation ID: 593

Received: 18/01/2024

Respondent: Environment Agency

Black Country Councils Water Cycle Study Phase 1 Scoping (2020)

Severn Trent Water and South Staffordshire Water have been preparing and are in an advanced stage of developing their new and latest Water Resources Management Plan (WRMP24) and Drainage and Wastewater Management Plans. Study will need updating.

Comment

Representation ID: 595

Received: 18/01/2024

Respondent: Environment Agency

EVIDENCE BASE

Black Country Waste Study Update 2023
Our Waste Data Interrogators (WDIs) are updated annually, and the latest data is the 2022 dataset (for calendar year 2021) is now available. References in this study to 2021 WDI presumably refers to the 2020 data. We recommend checking the latest data and revising figures or clarifying accordingly.

Support

Representation ID: 628

Received: 23/01/2024

Respondent: City of Wolverhampton Council

It is welcome that good progress has been made with the DLP under the current Plan
system, that it is underpinned by work undertaken to prepare the Black Country Plan
(BCP), particularly the shared evidence base and associated policy development, and that
the DLP timetable is aligned with the emerging WLP and Plans for other neighbouring
authorities. This is important given the need to progress a regional solution to addressing
unmet housing and employment land needs, a proportion of which originate in Dudley.
It is recognised that Dudley Council have fully explored all opportunities within the Borough
to maximise development capacity, including increased densities and sites in centres,
whilst protecting viable employment land and premises as necessary, given the evidenced
shortfall of employment development land across the Black Country Functional Economic
Market Area (BC FEMA). In the context of the revised NPPF, it is accepted that it will not
be possible to meet all development needs within the Borough, and that it is necessary for
Dudley to ask other authorities if they are able to contribute towards meeting Dudley needs
through the allocation of land in their Local Plans.

Comment

Representation ID: 634

Received: 22/12/2023

Respondent: Canal and River Trust

PROFILE OF THE BOROUGH

The Trust requests that mention of the canal network be made within this section (either in paragraph’s 2.2, 2.3 or 2.4) given its role in Dudley’s cultural and industrial heritage (ACTION REQUEST)

More specifically Dudley has 13 canals, 1 aqueduct, 45 bridges, 25.31 km of canal length, 23 listed assets, 28 locks, 2 tunnels and 2 reservoirs and the Trust would welcome additional mention of these statistics within this paragraph (ACTION REQUEST)

Comment

Representation ID: 648

Received: 22/12/2023

Respondent: TfWM and WMCA

Overall, we very much welcome the sustainable transport ambitions set out in Dudley’s Local Plan for improved connectivity via public transport and active travel infrastructure and we can clearly see many measures in this local plan moving in a positive direction to achieve our WMLTP5 ambitions.
We hope our above policy suggestions and comments, may further help strengthen the plan, and we welcome these being included in the next stage of the local plan. Our work with you on the Area Strategy for the Black Country will further help to improve the relationship between the Dudley Local Plan and the development and delivery of transport strategy across Dudley - be it concerning those key regional transport schemes like rapid transit and our core bus networks or in ways to support more local behaviour change and those measures that can help people move around more sustainably in their local neighbourhoods.
In the meantime, please do not hesitate to contact me if you require further information or clarity on our points raised in the letter and we look forward to continuing working with Dudley MBC on their local plan and through the proposed transport policies.

Support

Representation ID: 662

Received: 22/12/2023

Respondent: Natural England

POLICY DLP 41 - Natural England welcomes the inclusion of this policy, particularly points that relate this to landscaping and the use of trees and other natural environment features.
c. use of trees and other planting in landscaping schemes will be required throughout Dudley, to provide for the shading of amenity areas, buildings and streets, mitigate against poor air quality and help connect fragmented habitats and protect and support biodiversity networks.

Comment

Representation ID: 669

Received: 22/12/2023

Respondent: Natural England

We are disappointed that no polices specially address soil protection or loss of best and most versatile agricultural land. We acknowledge that compared to other areas there is limited best and most versatile agricultural land in the plan area. We would still advise adding in a policy for soil protection that includes best and most versatile agricultural land, in line with the National Planning Policy Framework and the government’s 25 Year Environment Plan.
Page 7 of 9
The Local Plan should give appropriate weight to the roles performed by the area’s soils. These should be valued as a finite multi-functional resource which underpin our wellbeing and prosperity. Decisions about development should take full account of the impact on soils, their intrinsic character and the sustainability of the many ecosystem services they deliver, for example:
• Safeguard the long term capability of best and most versatile agricultural land (Grades 1, 2 and 3a in the Agricultural Land Classification) as a resource for the future.
• To avoid development that would disturb or damage other soils of high environmental value (e.g. wetland and other specific soils contributing to ecological connectivity, carbon stores such as peatlands etc) and, where development is proposed.
• Ensure soil resources are conserved and managed in a sustainable way.
We would advise that the plan refers to sources of Agricultural Land Classification and Best and Most Versatile mapping and data which will include but not limited to: the MAGIC (defra.gov.uk) website and Natural England. For example Agricultural Land Classification map West Midlands Region - ALC004 (naturalengland.org.uk) and Likelihood of Best and Most Versatile (BMV) Agricultural Land - Strategic scale map West Midlands Region - ALC016 (naturalengland.org.uk).
The plan should recognise that development (soil sealing) has a major and usually irreversible adverse impact on soils. Mitigation should aim to minimise soil disturbance and to retain as many ecosystem services as possible through careful soil management during the construction process. We advise that policy should support developments that enhance soils, avoid soil sealing and provide mitigation to avoid soil disturbance.
We advise that Plan policies refer to the Code of practice for the sustainable use of soils on construction sites - GOV.UK (www.gov.uk) and that major development should have a soils management plan.

Support

Representation ID: 684

Received: 15/12/2023

Respondent: National Highways

National Highways agree in principle to the vision and objectives of the Draft Local Plan.

Comment

Representation ID: 687

Received: 22/12/2023

Respondent: Canal and River Trust

The Trust endorses the Vision for Dudley Borough by 2041, particularly in relation to its focus of wellbeing, We specifically welcome mention of our network within ‘having a network of high-quality parks, green spaces, waterways, and nature reserves’.

Notably we support and acknowledge our allied role in delivering a number of the draft Plan’s Strategic
Objectives and Priorities (1, 2, 5, 6 and 7)

In relation to Delivery, Monitoring, and Implementation the Trust requests opportunity to engage with the Council on an on-going basis throughout the plan period to secure the benefits to the canal network envisaged by the Plan’s suite of policies (ACTION REQUEST).

Comment

Representation ID: 691

Received: 15/12/2023

Respondent: National Highways

We note that a Sustainability Appraisal process has been undertaken to streamline the different housing and employment growth options and acknowledge that the allocation of sites has taken into consideration the location, availability of greenfield/ brownfield sites and sustainability elements. We note that the new development allocations are focussed within the Regeneration Areas and Centres, which is likely to lead to a more efficient use of land and in improving the sustainable travel options.

Comment

Representation ID: 692

Received: 15/12/2023

Respondent: National Highways

Based on our high-level review of the draft local plan and the Polices Map, we have identified a few sites that may have the potential to impact the operation of SRN. Table 1 contains the list of potential new allocation sites that are likely to have an impact on the SRN in terms of traffic related matters.
Should the sites listed in Table 1 proceed to the final Local plan, during the Regulation 19 process we would expect to see further assessment work carried out to ascertain the impact on the SRN and to determine the need for any mitigation if required. Whilst we have identified the immediate SRN junctions in close proximity to the housing/ employment site allocations where there is a chance for likely impact, it should be noted that the assessments should not be limited to these junctions only and a wider extent needs to be considered based on the scale of the proposed development.

Table 1: List of potential new allocations in the Dudley Draft Local Plan (up to 2041) likely to have an impact on the SRN in the area. (see attachments)

Comment

Representation ID: 696

Received: 15/12/2023

Respondent: National Highways

Black Country Transport Modelling Report (2023)
We note that the Black Country Transport Modelling Report (2023) has been submitted as an evidence base to support the Local Plan and includes the draft scenario assessment, and we welcome this. We acknowledge that the modelling exercise will further be revised in the future as the Local Plan progresses and we look forward to hearing more on this in the Regulation 19 consultation. We have undertaken a high level review of this report and have the following comments:
1.
There isn’t enough information available to understand the list of development allocations considered for the modelling exercise. Tables 2-2 and 2-3 of the report indicate the level of population and employment growth on a high-level basis, however no supporting appendices are available that list the development allocations included. Table 2-1 provides a list of the transport schemes coded within the model, and note that M5 J1 has been included in this list as a highway scheme. However, no further detail on the scope/extent of improvement is available. National Highways request clarification.
2.
Table 2.1 details the transport schemes added to form the DS network. Several schemes were not included due to agreement between BCLA and the consultants, “…due to negligible impact on the network.” National Highways request some justification/documentation of these decisions.
3.
Based on the information set out in section 1 of the report, it is to be understood that the modelling exercise was undertaken to support the Black Country Plan allocations proposed at the time. Also, the modelling report is dated 10 Jan 2023 and therefore, it's highly unlikely that the current set of development allocations proposed in Sandwell and Dudley Draft LP has been included within the development uncertainty log of this PRISM model. National Highways request clarification.
4.
Assumptions are only discussed where they differ from the RC work detailed in the previous stage. Our technical partners, are therefore unable to review the unchanged parameters such as highway generalised cost, PT fare, values of time, vehicle operating cost and bus speed etc.. National Highways request this information is provided.
5.
Highway model convergence: delta and link cost stability is achieved, but link flow stability (>98% of link with link flow change <1% for 4 successive iterations) appears to be still improving (Tables 3-3 and 3-4). Stopping conditions appear to be too lenient.
6.
Observation on numbers of iterations: the DM scenario appears to reach convergence much quicker than the equivalent DS scenario. This is counter intuitive, as the DM and DS have the same levels of development, with the DS having additional transport schemes. Additional capacity usually a convergence.
National Highways request further information from the model appliers.
7. Highway network statistics: average speeds (calculated by veh-km/veh-hr) decline between the RC and DM and the DM and DS. National Highways request some justification/commentary from the model appliers.
8. Flow difference plots. We note the commentary on page 29 and agree. National Highways request results of investigations into the model noise be supplied.
9. Journey time results seem to show that DS has slightly worse network performance than DM, which would benefit from explanation from the model appliers and National Highways requests this. Some large differences also support the previous comments about model noise.
10. If possible, National Highways requests the models are made available for review.
Infrastructure Delivery Plan
We note that an Infrastructure Delivery Plan will be prepared and submitted in support of the Regulation 19 consultation for Dudley Local Plan (DLP). Any infrastructure proposals identified for the SRN must be consulted with National Highways to understand the impacts, cost and potential trigger points of when the infrastructure would be required within the plan period. We encourage you to engage early with us to identify any infrastructure required on the SRN.

Comment

Representation ID: 715

Received: 22/12/2023

Respondent: Canal and River Trust

DLP41

Cross-reference to Policy DLP36 given the roles our network can play in the delivery of this policy requirement.

Retrofitting is only briefly mentioned and it will play a large role in the borough. Accordingly, we request that this paragraph is augmented to reflect this reality and to require that development proposals ensure that the chosen approach considers any consequential visual impacts on the canals' setting, heritage significance, or amenity value. (ACTION REQUEST).

Comment

Representation ID: 720

Received: 20/12/2023

Respondent: NHS Black Country Integrated Care Board

We are generally supportive of the local plan to which i have attached our latest draft health care infrastructure SPD, (we understand the forthcoming change to the SPD Process) for your consideration

Comment

Representation ID: 721

Received: 21/12/2023

Respondent: Police Crime Commissioner for West Midlands (PCCWM)

Agent: Tyler Parkes

These representations should be read in conjunction with those earlier representations.
There are a number of matters where the PCCWM would wish to comment and he looks forward
to working pro-actively with the Council as the plan moves forward.
Introductory observations on Part One of the Draft Local Plan
Incidents of crime are a characteristic of urban living and it is an unfortunate fact that an increase
in the resident population of an area is likely to see a consequential increase in the relative levels
of crime taking place. Detailed, up-to-date statistics on the levels and distribution of crime across
the West Midlands Police (WMP) area are available online. These data could provide a usual
monitoring resource for the Council. They could also be used to provide a brief summary of the
incidence of crime in the Profile of the Borough if that was considered appropriate.
The proposals in the emerging local plan for the provision of 10,576 new dwellings and
consequential increase in population building on an unfortunate increase in crime levels in recent
years (89% in Dudley 2016 to 2022). It therefore follows that:
• The demands placed on the police service are likely to rise as the local population increases.
• The demands on the police are exacerbated by the major changes in the nature of crime and
methods needed to deal with it, particularly regarding cyber-related crime and terrorism.
• Significant additional resources will be required to meet the Policing requirements from the
rising population. This is likely to include not only additional staff, but also supporting equipment
and infrastructure.
• As Dudley’s population increases, there is an urgent need to ensure that new development and
growth is supported by adequate policing infrastructure, in the interest of creating sustainable
communities.
It is also widely appreciated that the careful design of new developments and works to the public
realm can help reduce the amount of additional crime generated as the population grows by
employing 'Secured by Design' principles. WMP wishes to work on a continuing basis with the
Council and other stakeholders involved in the development process to ensure that Secured by
Design principles are integral to new development and investment. To this end WMP employs
dedicated Design Out Crime Officers whose job is to provide such advice to emerging
developments on an ongoing basis.
The PCCWM clearly has a statutory duty to secure the maintenance of an efficient and effective
police force for its area and, of course, the Council is also statutorily required to consider crime
and disorder and community safety in the exercise of its duties, with the aim of achieving a
reduction in crime.

The PCCWM requests that in accordance with national planning policy, the theme of community
safety and crime prevention is given prominence in the Dudley Local Plan, with appropriate
references being included as set out in the following detailed comments.

Object

Representation ID: 722

Received: 21/12/2023

Respondent: Police Crime Commissioner for West Midlands (PCCWM)

Agent: Tyler Parkes

Paragraph 1.4 - mentions health and well-being but there is no mention of safe and secure living
environments. The PCCWM requests this is added as it would demonstrate commitment to the
importance of these matters to the built environment. [Objection]

Object

Representation ID: 723

Received: 21/12/2023

Respondent: Police Crime Commissioner for West Midlands (PCCWM)

Agent: Tyler Parkes

Paragraph 3.2. This could usefully have an additional bullet making reference to healthy, secure
and safe living environments. The PCCWM requests this is added as it would demonstrate
commitment to the importance of these matters to the built environment. [Objection]