Part One: Spatial Strategy and Policies (Regulation 18)

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:

Comment

Representation ID: 469

Received: 19/12/2023

Respondent: Marlie Civils

Agent: RCA Regeneration Ltd

Policy DLP10 Delivering Sustainable Housing Growth
2.4.Given that 96.4% of the proposed allocations are on brownfield land and just 3.6% of the supply on greenfield, we would question whether these developments will be able to deliver the infrastructure requirements stipulated elsewhere given the likely viability constraints impacting these sites. Whilst we support the ‘brownfield first’ approach, we consider that where possible, those allocations should be made larger to improve their viability.

2.5. We also note that there has been a lapse rate allowance of 10% discounted to allow for some sites which may not come forward over the course of the plan. We would like to know whether this truly represents the historic lapse rate pattern, as we are aware of a substantial number of sites within Dudley Borough that have not come forward because of persistent viability problems associated with heritage, site contamination and other issues which include tensions between commercial/industrial land values being similar to those of residential (post-remediation). We are not clear whether this has been considered carefully enough.

Comment

Representation ID: 470

Received: 19/12/2023

Respondent: Marlie Civils

Agent: RCA Regeneration Ltd

Policy DLP18 Economic growth and job creation
2.6.The supporting paragraph 9.16 states that 47ha of employment land need within Dudley cannot be met solely within the Borough. As such, whilst we support efforts to deliver employment growth, it is evident that the policy does not go far enough and does not allocate enough sites to meet the need of the Borough. The policy relies on a Statement of Common Ground with neighbouring authorities to deliver Dudley’s unmet need, but given the collapse of the Black Country Plan, we are concerned at the likelihood of this coming forward.
2.7.Additional sites are available, such as Land at New Hawne Colliery, which could be allocated as an Employment Opportunity Site.
2.8.We also consider that the policy should include more explicit reference to support for windfall sites, given the current under delivery baked in to the draft policy.

Comment

Representation ID: 471

Received: 19/12/2023

Respondent: Marlie Civils

Agent: RCA Regeneration Ltd

Policy DLP23 Social value
2.9.We support the aims of this policy. However, greater detail should be provided to give details specifying what measures should be taken to give greater certainty for applicants, should details be requested at application stage. We also suggest amended wording to paragraph (1) of the policy to avoid the need for this to be provided at application stage. These measures would be better implemented at conditions stage when it is more likely an occupier will be in a position to deliver these benefits/employment strategy.

Support

Representation ID: 473

Received: 19/12/2023

Respondent: Marlie Civils

Agent: RCA Regeneration Ltd

Policy DLP27 Edge-of-Centre and Out-of-Centre Development
2.10. We welcome an exemption for smaller ‘main town centre uses’ in edge or out of centre locations. However, we would question what justification is behind the threshold of 280sqm, above which a Sequential Test and Retail Impact Assessment will be required. As this is such a specific figure, it is likely that some evidence has been provided to justify this but we cannot locate it.

Comment

Representation ID: 474

Received: 19/12/2023

Respondent: Marlie Civils

Agent: RCA Regeneration Ltd

Policy DLP31 Nature Conservation
2.11. We are supportive of measures to safeguard nature, but paragraph (1) is worded in such a way that would prohibit any development where there is any harm to designated sites at paragraph 1a and 1b. Whilst paragraph 3 does allow harms to be weighed against the benefits of a development, the first part of the policy does not reflect this. We would suggest paragraphs 1a and 1b be amended to reflect the exception at paragraph 3.
2.12. We consider that a more flexible approach should be adopted, particularly on sites such as New Hawne Colliery. The site is not a Site of Special Scientific Interest and is regularly subject to anti-social behaviour leading to damage to the site, including fly-tipping, fires, trespass and graffiti. This is despite the landowners efforts to secure the site.
2.13. Surely, in this case, the better approach would be to pragmatically look at how the site would benefit from management and longer-term protection, as well as improved public access and improved and more diverse landscaping and planting, and the introduction of specific artificial habitats such as bat and bird boxes.

Comment

Representation ID: 475

Received: 19/12/2023

Respondent: Marlie Civils

Agent: RCA Regeneration Ltd

Policy DLP69 Transport Impacts of New Development
2.23. This policy requires applicants to scope Transport Assessments. Whilst not an unusual requirement, it will be difficult for applicants to adhere to since it is currently not possible to contact a highways officer at the Council. This is because the Council do not have an highway team, but outsource to Amey’s, who applicants cannot contact.