Part One: Spatial Strategy and Policies (Regulation 18)

Comment

Representation ID: 381

Received: 21/12/2023

Respondent: Worcester Lane Limited

Agent: Harris Lamb

Policy DLP 11 Housing Density, Type and Accessibility
The policy specifies the density and type of new housing that should be provided, with new housing development to be informed by the need for a different type and range of size of accommodation, levels of accessibility and the need to achieve high quality design. The policy then goes on to state that developments of 10 or more homes should provide a range of house types and sizes and that developments of 10 or more homes should achieve the density target set out within the policy. These range from 100 dwellings per hectare on sites that are within strategic centres or town centres, down to 45 dwellings per hectare where a site is accessible for a high density housing site or 40 dwellings per hectare for a moderate density housing development. In seeking to achieve the density targets set out above we note the evidence contained in the Black Country Housing Market Assessment (March 2021). This sets out the size of housing required within each tenure within Dudley for owner-occupied, rented, shared ownership or social rented / affordable rented properties. What is clear is that for nearly all 4 of these tenures nearly 50% of the properties are required to be 3 or 4 bedroom properties. It is, therefore, highly debatable whether sites of 10 or more dwellings would be able to deliver the full range of dwellings required and the density specified within the policy. Three or four bedroom dwellings tend to be houses as opposed to apartments and would therefore deliver a much lower density development than a wholly flatted scheme.
Similarly, if high density development is to be achieved then this is likely to be comprised of 1 and 2 bedroom apartments and would not therefore deliver the full range of housing that the policy seeks.
Whilst it is noted that a range of densities are proposed in different parts of the Borough the Black Country Housing Market Report is clear that there is a significant demand across all tenures for 3 and 4 bedroom properties. If this need is to be met then sites and town centres or in the strategic centres, where new development is proposed to be focused, these area and sites are unlikely to deliver the larger properties that are required. This reinforces WL’s view that the range of different sites are required in order to help meet the housing needs of the Borough going forward.
A further consideration in seeking to achieve the density assumption set out in the policy also relate to meeting other aspirations and policy objectives in the Plan. This could include provision of open space, achieving high quality design and incorporation of National Described Space Standards. A combination of these and other policy considerations can and will impact on the density of development that can potentially come forward on sites.

Comment

Representation ID: 382

Received: 21/12/2023

Respondent: Worcester Lane Limited

Agent: Harris Lamb

Policy DLP 12 Delivering Affordable, Wheelchair Accessible and Self Build / Custom Build Housing
The policy sets out the thresholds for providing affordable housing on different value zones throughout the Borough. It is not clear where the basis for the different thresholds has been derived from although it is assumed that this is down to the viability of specific sites in these areas being able to accommodate affordable housing.
The policy stipulates that on greenfield sites of medium value zones 20% affordable housing will be sought. It is noted that of the new allocations proposed in the Plan only 3.5% of the supply is on greenfield land. As such, there is very limited prospect that much affordable housing will come forward on these sites. Furthermore, the requirement to provide 10% affordable housing on previously developed sites on all sites in lower value zones and brownfield sites in medium value zones is likely to raise issues with the viability of such sites being able to deliver this. On unviable sites it will reduce the ability of developers to deliver affordable housing leading to affordable needs going unmet.
We note that the Worcester Lane, which is located in a higher value area, is relatively unconstrained and is a greenfield site. In light of the lack of constraints affecting the site it would be one such site that could potentially deliver a policy compliant level of affordable housing (30%) making a significant contribution to the overall needs of the Borough. The provision of affordable housing in an area that is well related to the countryside and the opportunities that this offers for residents is considered a significant benefit in contrast to providing affordable homes in town or strategic centres that are less accessible to the countryside.
The site would also be capable of delivering houses of different types and tenures rather than high density apartment schemes. Again, this would help meet identified needs as set out in the Black Country Housing Market Report.
In respect of National Wheelchair Accessibility Standards WL object to the differentiation in the requirement to provide wheelchair accessible houses according to the different value areas that the proposed houses are to be built in. A wheelchair user in a low value area would have the same requirement for a wheelchair accessible house as a wheelchair user in a high value area. Wheelchair users are not therefore going to be solely located in high value areas and their needs would need to be accommodated irrespective of the value area that the house was to be built in.
In light of the fact that the Plan seeks to differentiate the delivery of wheelchair accessible properties between lower and high value areas indicates that the Council acknowledge that delivery of wheelchair accessible properties will have an impact on the viability of these developments. The inference being that there is an additional cost involved and that this can only be sustained where a higher land value can be sustained from the development. If this is the case then additional sites in higher value areas should be allocated in order to deliver the policy requirements that the Council is seeking.
In respect of self-build properties paragraph 8.20 confirms that there are currently 83 individuals on the self-build and custom build register for Dudley. If each of these individuals were to construct a house it would equate to 0.76% of the total housing requirement for the Borough. The policy suggests that sites of more than 100 dwellings 5% of dwellings should be made available for self-build or custom build housing. WL consider that a 5% requirement is in excess of the actual numbers of people on the self build register which is set out above equates to less than 1% of the total housing needed. WL suggest that a 1% requirement on sites of 100 or more housing would be a more appropriate figure.

Support

Representation ID: 383

Received: 21/12/2023

Respondent: Worcester Lane Limited

Agent: Harris Lamb

Policy DLP 16 Education Facilities
WL agree that if new development places additional demands on existing schools over and above their existing capacity, then it is entirely appropriate that additional capacity should be created either through an extension to an existing facility, provision of a new facility or a financial contribution to create additional capacity. This is a well established principle underpinning new residential development. Furthermore, the potential need to make financial contributions toward education provision must also be seen in the context of the other policy requirements that the Plan seeking to achieve and therefore, collectively may well have an impact on scheme viability. Again, we welcome the inclusion of reference to a Viability Assessment if there is any question mark over the viability of development if such contributions are sought.

Comment

Representation ID: 384

Received: 21/12/2023

Respondent: Worcester Lane Limited

Agent: Harris Lamb

Policy DLP 32 Nature of Recovery Network and Biodiversity Net Gain
Following the enactment of the Environment Act there is now a statutory requirement to achieve 10% biodiversity net gain through new developments. This is now a statutory requirement so there is no need for it to be include in a policy. Notwithstanding the above, we note that policy DLP 32 sets out a requirement that all development shall deliver a minimum of 10% net gain.

Object

Representation ID: 385

Received: 21/12/2023

Respondent: Worcester Lane Limited

Agent: Harris Lamb

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

Comment

Representation ID: 386

Received: 21/12/2023

Respondent: Worcester Lane Limited

Agent: Harris Lamb

Policy DLP 47 Renewable and Low Carbon Energy and BREEAM Standards
We note the requirement in Part 3 of the policy that major developments creating 10 or more homes must incorporate the generation of energy from renewable or low carbon sources sufficient to offset at least 10% of the estimated residual energy demand of development on completion. It is not clear on what basis the requirement for a 20% energy reduction has been based on and it seems an arbitrary figure without any justification. Whilst WL are supportive in principle of new development achieving energy reductions and sustainability we consider that building regulations are the most appropriate way of securing energy reduction targets. Building regulations are constantly updated and will ensure that new development is able to achieve the requisite energy reduction standards in place at the time of construction. Building regulations are, therefore, more responsive to changes in Government and national policy whereas the Local Plan policy would be static until the Local Plan was reviewed. The policy is a duplication of control with other legislation and as such it is considered unnecessary.