Part One: Spatial Strategy and Policies (Regulation 18)

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]

Support

Representation ID: 724

Received: 21/12/2023

Respondent: Police Crime Commissioner for West Midlands (PCCWM)

Agent: Tyler Parkes

Paragraphs 3.8 to 3.10. The PCCWM wishes to acknowledge and support the reference to
resilient and safe communities in the Forging a Future for All Vision and its reflection in the third
objective under the priority ‘Dudley the safe and healthy borough’ as part of the current
Corporate Plan, i.e. ‘Residents live in safe communities where safeguarding of vulnerable people
of all ages protects them from harm and support the prevention of crime and exploitation’.
[Support]

Comment

Representation ID: 725

Received: 21/12/2023

Respondent: Police Crime Commissioner for West Midlands (PCCWM)

Agent: Tyler Parkes

Table 3.2. While the PCCWM appreciates that it is difficult to encapsulate all of the issues in this
analysis, it is felt that the various entries in this table that relate to design quality and
infrastructure do tend to gloss over the importance of providing a secure and safe living
environment. There is no reference to policing, yet all other public services and infrastructure
providers do appear to be picked up. References might be appropriate under the following issues:
• P35 “Delivering homes of a high-quality, safe and secure design that reflect the
character and distinctiveness of the borough’ and the proposed policy, ‘Design is an
overarching concept which interacts directly or indirectly with all other aspects of the
plan. Strategic design policies in the DLP aim to form the foundations on which to build
future detail and ensure that development is located and designed to create safe and
secure places for all residents in future.’ (Suggested changes in bold and underlined).
[Objection]
• P36 “Ensuring access to local services and supporting infrastructure” and “Balancing
growth across communities by ensuring that local services and facilities continue to
thrive”, under column 3 in both entries, amend second bullet to: ‘• Liaison with health,
West Midlands Police and education providers’. (Suggested changes in bold and
underlined). [Objection]
• P37 “Health, safety, security and wellbeing of residents” under the proposed policy approach, ‘The Plan recognises the important role that spatial planning has in the
creation of healthy, safe, secure and inclusive communities and that the places that we
live in have a fundamental impact on health quality of life. Many of the policies of the
Plan will have an impact on these matters, so it is important that community needs are
supported through the provision of appropriate physical and social infrastructure and
the built and natural environment, including the public realm, allows for and supports
healthy living choices for residents everyone.’ The third column could refer to ‘Liaison
with West Midlands Police’. (Suggested changes in bold and underlined with
strikethrough). [Objection]
• P37 “Infrastructure needed to support new growth”, under column 3 in both entries,
amend second bullet to: ‘• Liaison with health, West Midlands Police and education
providers’. (Suggested changes in bold and underlined). [Objection]
The vision for Dudley Borough by 2041, P45/46:
• Amend 4th bullet to read, ‘• sustainable urban growth delivering distinctive, safe and
secure places - meeting the needs of its communities and businesses. [Objection]
• Amend 9th bullet to read, ‘• a high quality and beautiful natural, built and historic
environment and safe and secure public realm that respects and enhances local
character and distinctiveness, including valued historic buildings and areas, and
continues to be regarded as a tourist destination, and UNESCO Global Geopark with
enhanced tourism facilities’. (Suggested changes in bold and underlined). [Objection]
p48 Under Objective 3, amend 'Strategic Priority 5: Creating safe and secure well designed and
beautiful places, promoting the health and social wellbeing of communities by:’ and also, add
additional bullet on the following lines, ‘Ensure that the principles of Secured by Design are
integral to new development and improvements to the public realm’. (Suggested changes in
bold and underlined). [Objection]

Object

Representation ID: 726

Received: 21/12/2023

Respondent: Police Crime Commissioner for West Midlands (PCCWM)

Agent: Tyler Parkes

Policy DLP1 Development Strategy, P54, strengthen wording of: '2.a. Delivering high quality
development in the existing urban area supported by infrastructure to meet the needs of
communities and businesses supported by the integration of Secured by Design principles.
[Suggested changes in bold and underlined). [Objection]

Object

Representation ID: 727

Received: 21/12/2023

Respondent: Police Crime Commissioner for West Midlands (PCCWM)

Agent: Tyler Parkes

Policy DLP4 Achieving well designed places, P71, Strengthen '7. Dudley Borough will be a safe
and secure place to live and work in, through organising the urban environment including the
public realm in ways that encourage people to act in a responsible manner (see Policy DLP39). All
new Development proposals should include consideration of crime prevention measures and
will be required to integrate ‘Secured by Design’ and ‘Park Mark principles to provide active
frontages, well-located, safe and accessible pedestrian and cycle infrastructure and an appropriate intensity of use in centres and elsewhere. Designs should promote natural
surveillance and defensible spaces. Proposals should also include a maintenance plan to reduce
crime, the fear of crime and anti-social behaviour on an ongoing basis. Developers will be
encouraged to seek advice from Design Out Crime Officers where appropriate. [Objection].

Object

Representation ID: 728

Received: 21/12/2023

Respondent: Police Crime Commissioner for West Midlands (PCCWM)

Agent: Tyler Parkes

Policy DLP5 Cultural Facilities, Tourism, Heritage, and the Visitor Economy, P75. This policy
should include the following as a new sub-heading and paragraph, ‘Safety and Security 11. An
assessment should be undertaken (as part of the design of new developments likely to attract
large numbers of people) to demonstrate and document how potential security and crimerelated
vulnerabilities have been identified, assessed and where necessary, addressed in a
manner that is appropriate and proportionate.’
The reasoned justification could then refer to the following references, the following policy
background. Planning Practice Guidance (Paragraph: 011 Reference ID: 53-011-20190722)
recognises that for all locations which will generate crowds in public places, consideration should
be given to appropriate security measures in the design of buildings and spaces. Good counterterrorism
protective security can also support wider prevention. The PPG identifies a number of
sources of guidance in this respect including ‘Protecting Crowded Places: Design and Technical
Issues’, which refers to ‘Secured by Design and ‘Safer Parking’ standards.
The NPPF is clear in its requirement that local planning authorities should anticipate and address
possible malicious threats, especially in locations where large numbers of people are expected to
congregate. It states at paragraph 97 that, “Planning policies and decisions should promote public
safety and take into account wider security and defence requirements by: a) anticipating and
addressing possible malicious threats and natural hazards, especially in locations where large
numbers of people are expected to congregate.
Policies for relevant areas (such as town centre and regeneration frameworks), and the layout and
design of developments, should be informed by the most up-to-date information available from
the police and other agencies about the nature of potential threats and their implications. This
includes appropriate and proportionate steps that can be taken to reduce vulnerability, increase resilience and ensure public safety and security”.
The footnote to the above paragraph confirms this includes transport hubs, night-time economy
venues, cinemas and theatres, sports stadia and arenas, shopping centres, health and education
establishments, places of worship, hotels and restaurants, visitor attractions and commercial
centres.
The Delivery section to this policy could also refer to ‘Liaison with West Midlands Police’.
[Suggested changes in bold and underlined). [Objection]

Support

Representation ID: 729

Received: 21/12/2023

Respondent: Police Crime Commissioner for West Midlands (PCCWM)

Agent: Tyler Parkes

Under Infrastructure, Paragraph 6.10 should add ‘Policing facilities’ to the bullet point list of
infrastructure investment required to support development and a growing population.
The PCCWM supports Policy DLP6 Infrastructure Provision subject to recognition that provision
of policing infrastructure is eligible under S106 obligations and CIL. The PCCWM would welcome
confirmation in relation to this. It is also important that any studies into viability also take this into
consideration. [Support]

Object

Representation ID: 730

Received: 21/12/2023

Respondent: Police Crime Commissioner for West Midlands (PCCWM)

Agent: Tyler Parkes

Following on from the previous point, and in relation to paragraph 6.20, the WMPCC would wish
to see the addition of, ‘Policing facilities’ added to the list of eligible infrastructure. [Suggested
changes in bold and underlined). [Objection]
This is compatible with legislation and national planning policy, as follows – Section 17 of the
Crime and Disorder Act 1998 states, ‘Without prejudice to any other obligation imposed on it, it
shall be the duty of each authority to which this section applies to exercise its various functions
with due regard to the likely effect of the exercise of those functions on, and the 15 need to do all
that it reasonably can to prevent, crime and disorder in its area’.
The PCCWM therefore has a statutory duty to secure the maintenance of an efficient and
effective police force for the area. Dudley 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 NPPF, September 2023, Paragraph 2 states that the NPPF must be taken into account in
preparing the development plan and is a material consideration in planning decisions. Planning
policies and decisions must also reflect relevant international obligations and statutory
requirements.
Paragraph 7 of the NPPF explains that the purpose of the planning system is to contribute to the
achievement of sustainable development and Paragraph 8 confirms that achieving sustainable
development means that the planning system has three overarching objectives: an economic, a
social and an environmental objective. These objectives include supporting strong, vibrant and healthy communities by ensuring that a sufficient number and range of homes can be provided to
meet the needs of present and future generations; and by fostering a well-designed and safe built
environment.
Paragraph 20 of the National Planning Policy Framework (NPPF) includes, inter alia, a requirement
for policies to deliver sufficient provision for infrastructure, including those related to security,
with Paragraphs 16, 26 and 28 indicating that this could be delivered through joint working with
all partners concerned with new development proposals.
Section 8 of the NPPF “Promoting health and safe communities”, Paragraph 92, identifies that
planning policies and decisions should aim to achieve healthy, inclusive and safe places which are
safe and accessible, so that crime and disorder and the fear of crime, do not undermine the
quality of life or community cohesion.
Paragraph 130 (f) of the NPPF calls for the creation of safe places where crime and disorder, and
the fear of crime, do not undermine the quality of life or community cohesion and resilience.
Annex 2 (NPPF) identifies the police as “Essential local workers”, defined as “Public sector
employees who provide frontline services including health, education and community safety” It is
also especially noteworthy that Part 10A Infrastructure Levy: England of the Levelling Up and
Regeneration Act 2023 confirms at Section 204N (3) relating to Infrastructure Levy regulations
that “infrastructure” includes “(h) facilities and equipment for emergency and rescue services”.
It should also be noted that it is the case that increases in local population and the number of
households do not directly lead to an increase in funding for the Police Service (WMP) from
Central Government. It is therefore necessary to secure CIL and/or S.106 contributions for
infrastructure due to the direct link between the increased demand for policing services and
changes in the physical environment due to new housing and economic growth, which have
permanent impacts on future policing and demands upon WMP. Securing contributions towards
policing enables the same level of service to be provided to residents of new developments,
without compromising the existing level of service for existing communities and frontline services.
Put simply, the consequence of no additional funding is that existing infrastructure will become
severely stretched and thereby have a severe adverse impact on the quality of the service that
WMP are able to deliver.
The High Court judgement of Mr Justice Foskett in The Queen and Blaby DC and Others [2014]
EWHC 1719 (Admin) is a clear example of the case for S106/CIL contributions towards Police
infrastructure. In that case, a development of 4,250 dwellings, community and retail
development, schools and leisure facilities was proposed, the judgement reads: “It is obvious that
a development of the nature described would place additional and increased burdens on local
health, education and other services including the police force.” (Para 11).
The judgement goes on to comment that: “Those who, in due course, purchase properties on this
development, who bring up children there and who wish to go about their daily life in a safe environment, will want to know that the police service can operate efficiently and effectively in
the area. That would plainly be the “consumer view” of the issue.” (Para 61). “I am inclined to the
view that if a survey of local opinion was taken, concerns would be expressed if it were thought
that the developers were not going to provide the police with a sufficient contribution to its
funding requirements to meet the demands of policing the new area.” (Para 62).
To ensure that levels of service can be maintained for both existing residents in the wider Dudley
Borough area, developer contributions through the mechanism of CIL and/or S.106 Obligations for
Police infrastructure are considered essential.
It is the case that, Planning and S78 Appeal decisions have long recognised that the infrastructure
requirements of the Police are perfectly eligible for consideration and can be allocated financial
contributions through S106 Obligations which accompany qualifying planning permissions for
major development (residential and commercial alike), with the Planning Inspector in PINS appeal
reference APP/X2410/A12/2173673) stating that:
“Adequate policing is so fundamental to the concept of sustainable communities that I can see no
reason, in principle, why it should be excluded from purview of S106 financial contributions…”.