Part One: Spatial Strategy and Policies (Regulation 18)

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Part One: Spatial Strategy and Policies (Regulation 18)

Policy DLP21 Other Employment Areas

Representation ID: 418

Received: 21/12/2023

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

Representation Summary:

1.1 Emery Planning is instructed by our client, Pegasus Grab Hire Ltd, to submit site specific representations
to the Dudley Local Plan Regulation 18 consultation. These submissions relate specifically to the land at
Bott Lane, Lye, Stourbridge (“the site”), part of which is currently used as an aggregate sorting and
recycling facility. A site location plan is provided at Appendix EP1.

1.2 This statement supports the allocation of our client’s site within the emerging Dudley Local Plan for
employment use, primarily reflecting the established and successful Pegasus Group operations.

1.3 The land at Bott Lane can continue to contribute to meeting the identified employment land needs of the
borough, within an already established industrial location. Part of the submitted site benefits from temporary planning permission for the use as an aggregate sorting and recycling facility until 2026 (ref. P20/1801) and other parts of the land within our client’s control have existing use rights for waste recycling. The remainder is currently vacant but available for expansion and diversification of the existing
facilities and businesses.

1.4 The facility has and continues to provide employment benefits and it is considered that there are no
constraints in terms of the connections to local services and infrastructure which would prevent the
continued use of the site for employment purposes. It is considered that the continued and permanent
operation of our client’s business from this site will contribute to and be complimentary to the regeneration objectives of the plan and assist with delivering wider sustainability and development objectives.

National Planning Policy Framework
2.1 The Framework sets out the Government’s planning policies for England and how these are expected to
be applied. The purpose of the planning system is to contribute to the achievement of sustainable development. The Framework, taken as a whole, constitutes the Government’s view of what sustainable
development in England means in practice for the planning system.
2.2 Paragraph 11 requires plans and decisions to apply a presumption in favour of sustainable development.
For plan-making this means that:
a) all plans should promote a sustainable pattern of development that seeks to meet the development needs of their area, align growth and infrastructure, improve the environment, mitigate climate change (including by making effective use of land in urban areas) and adapt to its effects;
b) strategic policies should, as a minimum, provide for objectively assessed needs for housing and other uses, as well as any needs that cannot be met within neighbouring areas, unless:
i. the application of policies in this Framework that protect areas or assets of particular importance provides a strong reason for restricting the overall scale, type or distribution of development in the plan area; or
ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.

2.3 Paragraph 35 provides the following in relation to soundness: 35. Local plans and spatial development strategies are examined to assess whether
they have been prepared in accordance with legal and procedural requirements, and whether they are sound. Plans are ‘sound’ if they are:
a) Positively prepared – providing a strategy which, as a minimum, seeks to meet the area’s objectively assessed needs ; and is 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;
b) Justified – an appropriate strategy, taking into account the reasonable alternatives, and based on proportionate evidence;
c) Effective – deliverable over the plan period, and based on effective joint working on cross-boundary strategic matters that have been dealt with rather than deferred, as evidenced by the statement of common ground; and
d) Consistent with national policy – enabling the delivery of sustainable development in accordance with the policies in this Framework. National Planning Practice Guidance

2.4 The PPG was launched in March 2014. It replaced a number of practice guidance documents that were
deleted when the PPG was published. Local Plan making is addressed under Section 12 of the most recent
version of the PPG. The relevant sections are referred to in our representations. Dudley Local Plan – Part One

Comment

Part One: Spatial Strategy and Policies (Regulation 18)

Policy DLP1 Development Strategy

Representation ID: 419

Received: 21/12/2023

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

Representation Summary:

Policy DLP1 Development Strategy

3.1 Policy DLP1 states that to deliver sustainable growth the plan will need to deliver the development of at
least 25ha employment land. The policy states the strategy seeks to deliver sustainable patterns of
development with growth focused on the borough’s centres and regeneration corridors.

3.2 The focus of further growth and development within the borough’s centres and regeneration corridors is
supported. However, the proposed level of delivery of employment land within the borough is considered
insufficient. This is considered further below, within the context of policy DLP18.

Object

Part One: Spatial Strategy and Policies (Regulation 18)

Policy DLP2 Growth Network: Regeneration Corridors and Centres

Representation ID: 420

Received: 21/12/2023

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

Representation Summary:

Policy DLP2 Growth Network: Regeneration Corridors and Centres

3.3 The regeneration corridors identified under Policy DLP2 will accommodate strategic and local employment
areas and the principal location for new industrial and logistics development as well as the new homes
required within the borough over the plan period.

3.4 Table 5.3 provides a summary of the opportunities and vision for each of the proposed regeneration
corridors. Our client’s land interests are located within RC3 Stourbridge to Lye. The vision for RC3 refers
to the design code and masterplan which is currently being prepared by the council and which we have
engaged with on behalf of our client as it has evolved.

3.5 As currently prepared it is considered that the regeneration corridors are not protecting existing
employment land. Our client’s land interests at Bott Lane have been excluded from the identified local
employment areas. This is inconsistent with the current draft of the Lye and Stour Valley masterplan. The
masterplan acknowledges that the Engine Lane / Bott Lane area currently operates well as an area of
employment and recommends that the existing employment use is retained for the foreseeable future.

Object

Part One: Spatial Strategy and Policies (Regulation 18)

Policy DLP18 Economic growth and job creation

Representation ID: 421

Received: 21/12/2023

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

Representation Summary:

Policy DLP18 Economic Growth and Job Creation

3.6 The most recent Black Country Economic Development Needs Assessment (EDNA) – 2023 update confirms there is a shortfall in employment land within the borough of 73ha. This situation is echoed across the
remaining Black Country authority areas.

3.7 Whilst Policy DLP18 seeks to address the shortfall through the delivery of at least 72ha of employment
land over the plan period. The plan seeks to achieve this goal through the delivery of 24ha of new employment land on allocated Employment Opportunity Sites, enhancement redevelopment and intensification of existing employment areas and the duty to co-operate. However, there remains a significant imbalance between the areas identified through the draft plan and evidence base suggesting
there is a need for a 3 fold increase on what is currently being promoted.

3.8 Failing to meet the identified need for employment land will cause significant harm to the local economy.
Businesses will not be able to invest and grow in the borough, and jobs growth will be curtailed to the
detriment of residents. This is precisely the situation our client is facing with the uncertainty surrounding
the current temporary use and it is frustrating the growth and development of a successful and highly
valued local business. There will also likely be an impact on commuting patterns or alternately the uptake
of residential allocations as either residents of the area travelling further distances outside of Dudley to
pursue work opportunities and take the related economic activity with them, or alternatively residential development looks to establish itself closer to more available employment opportunities where commuting distances are less and available economic spend is greater.
3.9 The council should be allocating additional employment sites and protecting existing employment sites, such as our client’s site, allocating them as Local Employment Areas providing landowners with the
certainty they need to invest in sites to deliver the intensification and enhancement to existing employment sites which is required to meet the borough’s employment land needs over the plan period.

Comment

Part One: Spatial Strategy and Policies (Regulation 18)

Policy DLP75 Waste Infrastructure - Future Requirements

Representation ID: 422

Received: 21/12/2023

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

Representation Summary:

Policy DLP75 Waste Infrastructure – Future Requirements

3.10 Policy DLP75 identifies a need for additional waste management capacity to be delivered within the
borough over the plan period. The Dudley Waste Study (2023) was prepared following abandonment of
the Black Country Core Strategy, and an updated waste needs assessment has been prepared to support
the preparation of the emerging local plans of each of the back Country Authority areas.

3.11 The Waste Study identifies a shortfall in capacity taking account of known closures of existing waste sites
within the borough over the plan period. In addition, this shortfall is expected to increase as a result of the
level of housing and other growth proposed over the plan period.

3.12 Whilst the policy sets out considerations for new waste management facilities, the policy fails to protect
existing sites which make a significant contribution to the existing and future capacity within the borough.

Comment

Part One: Spatial Strategy and Policies (Regulation 18)

Policy DLP76 Waste Sites

Representation ID: 423

Received: 21/12/2023

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

Representation Summary:

Policy DLP76 Waste Sites
3.13 Policy DLP76 seeks to protect and safeguard existing strategic waste management facilities from inappropriate development to maintain existing levels of waste management capacity.
3.14 Paragraph 17.20 of the supporting text which accompanies the policy defines a strategic waste
management site as:
a) all facilities that form a vital part of the borough’s municipal waste management infrastructure, e.g. energy from waste plants, waste transfer facilities and HWRCs, depots.
b) all commercial waste management facilities that fulfil more than one local role, e.g. they are part of a nationwide or regional operation linked to other facilities elsewhere and take in waste from all over the borough and / or beyond.
c) all commercial facilities specialising in a particular waste stream or waste management technology, of which there are no others, or very few other of the same type operating elsewhere in the borough.
d) all facilities likely to make a significant contribution towards existing waste management capacity.
e) a site with sufficient capacity to recover, treat or dispose of at least 20,000 tonnes of waste per annum.
f) a facility forming part of the UK’s network of installations for waste disposal, such as landfill sites.
g) a hazardous waste recovery facility of sufficient size to qualify as a Nationally Significant Infrastructure Project (NSIP).

3.15 As drafted, the plan contradicts this policy and fails to protect existing waste facilities through the
allocation of sites within the plan. Our clients site as considered under section 5 below, operates as an
aggregate recycling and recovery facility, the recent installation of new state of the art washing and sorting
facility and the increased capacity of the site means it would now meet the definition of a strategic waste
management site as provided at paragraph 17.20 of the plan, falling at least within categories b), c), d) and e).

3.16 However, the site has not been allocated within the draft plan for employment purposes, nor by extension
and application of the site hierarchy at 17.20, despite the contribution the site can make in assisting in
meeting the borough’s identified shortfall in capacity as identified within the Dudley Waste Study (2023).
This is a significant omission given Pegasus’ contribution to waste management both within and for Dudley
MBC and the wider West Midlands authorities’ areas where they play a significant role in also maintaining
critical infrastructure.

Object

Part One: Spatial Strategy and Policies (Regulation 18)

Policy DLP77 Preferred Areas for New Waste Facilities

Representation ID: 424

Received: 21/12/2023

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

Representation Summary:

DLP77 Preferred Areas for New Waste Facilities
3.17 Policy DLP77 identifies the preferred location for new waste management sites as being the Local Employment Area as shown on the proposals map and
Waste Key Diagram.

3.18 Paragraph 17.31 of the plan states:
It is not proposed to allocate specific sites for waste in the Plan because no new sites likely to be deliverable within the Plan period have been identified, apart from sites that already have planning permission. To have sufficient confidence to allocate a site, it would need to be actively promoted for waste management use by a waste planning authority, a landowner, or a commercial waste operator.

3.19 However, this overlooks our client’s site. Our client’s site has been actively promoted for waste
management through the 2020 Call for Sites consultation and in response to the now abandoned Black
Country Core Strategy and more recently through the design code and master planning process for Lye
Valley. Pegasus Grab Hire Ltd.’s representations are attached at appendix EP2. However, it is yet to be
allocated for waste use despite also operating as such since 2018, continuous engagement with Officers
where it has been made clear our client wishes to maintain a long term commitment to the site and
through our client’s investment and commitment to the continued improvement of the site and its
operation.

Object

Part One: Spatial Strategy and Policies (Regulation 18)

Policy DLP78 Locational Considerations for New Waste Facilities

Representation ID: 425

Received: 21/12/2023

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

Representation Summary:

DLP78 Locational Considerations for New Waste Facilities

3.20 The requirements set out under policy DLP78 are highly prescriptive and are overly onerous for applicants
as set out below but where the conclusion suggests that waste facilities are almost anticipated to be in
isolated locations.

3.21 Whilst the policy sets out numerous considerations in terms of the potential impacts of waste operations,
no consideration is given to the locational requirements of new waste facilities in relation to the operators,
customer base, locations where the source arises and in the case of our client, where the recycled products
are then re-used and the wider sustainability impacts of this.

3.22 Our client’s current operations at Bott Lane are located centrally to the majority of their customer and
employee base, with the benefit of minimising vehicle movements and journey times to access their
facility.

Comment

Part One: Spatial Strategy and Policies (Regulation 18)

Policy DLP80 Mineral Production - Requirements 

Representation ID: 426

Received: 21/12/2023

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

Representation Summary:

DLP80 Mineral Production – Requirements

3.23 In respect of construction aggregates and secondary and recycled aggregates, Policy DLP80 states as a
minimum the council will aim to maintain permitted production levels throughout the plan period.

3.24 The Dudley Minerals Study 2023 identifies Dudley as a likely net importer of secondary and recycled
aggregates and highlights the importance of safeguarding and retaining existing secondary and recycled
aggregate capacity within the borough to maintain this position.

3.25 What is more, table 2.1 of the Dudley Minerals Study (2023) identifies sites within the borough managing
recycled and secondary aggregates. Table 2.1 is reproduced below for ease of reference.

3.26 Our client’s current operations at Bott Lane clearly make a significant contribution to the borough’s capacity for managing recycled and secondary aggregates. The specialist and progressive nature of the
plant and systems that they have invested in also make a significant contribution to carbon reduction in
the Borough.

3.27 Policy DLP80 seeks to maintain the current level of production of secondary and recycled aggregates over
the plan, however this would not be possible without the continued operation of the existing facility at
Bott Lane, beyond the timeframe of the existing temporary planning permission, especially as our client’s
facility alone has almost double the capacity of the other facilities set out above combined.

Comment

Part One: Spatial Strategy and Policies (Regulation 18)

The vision for Dudley Borough by 2041

Representation ID: 427

Received: 21/12/2023

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

Representation Summary:

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

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