Part Two: Centres and Site Allocations (Regulation 18)

Comment

Representation ID: 478

Received: 19/12/2023

Respondent: Marlie Civils

Agent: RCA Regeneration Ltd

Part Two: Centres and Site Allocations
Table 6.1: Dudley Housing Site Allocations
2.24.The Former New Hawne Colliery is a proposed allocation under DLP reference: H046 or CFS reference: 382, for approximately 15 dwellings. This proposed allocation centres on a small parcel of land (0.63ha) surrounding the three listed buildings at the site. We welcome the proposed allocation at the site and the recognition that the site would be a suitable location for new development.
2.25.However, as we have made clear in previous representations, we remain concerned that additional land has not been included. The site contains two Grade II listed buildings and a Grade II* building, which have been vacant for decades. The buildings are in poor condition, as is the site more generally, having not been maintained for several years. The site will need to be extensively cleared of self-set trees and some additional buildings, which are not heritage assets. The build process will be expensive and additional land needs to form part of the allocation to ensure a viable use can be found for the site.
2.26. A pre application enquiry was submitted including a residential development at the listed colliery buildings and an area to the north east. The feedback raised numerous concerns, citing the Sites of Importance for Nature Conservation (SINC), Linear Open Space, Archaological Priority Area, Area of High Historic Landscape Value, Tree Preservation Order and Coal Mining Legacy as reasons to resist development at the site. We address these points in turn:
• Sites of Importance for Nature Conservation (SINC): It is acknowledged that the development would result in some habitat loss, but it is important to note that most of the trees within the area proposed are low value groups, self-set following the closure of the colliery. There is also extensive Knotweed, which means large areas need to be cleared anyway. Moreover, there are opportunities for betterment within the wider site, including making area publicly accessible.
•Linear Open Space: It is unclear what this refers to since the site is private land with very limited public access. If this relates to a footpath through the site close to the northern boundary, this could be kept open and as a result of the development, more area could be made publicly accessible.
•Archaeological Priority Area: Given the extensive coal mining operations, it is unclear why the Council consider this to be a site specific constraint since it clearly relates to the wider area and is rarely a constraint to development in any case. A desk based archaeology assessment has been provided which confirms that the vast majority of the site has negligible potential for the presence of any buried archaeological remains of any period.
•Area of High Historic Landscape Value: The former colliery is clearly an important feature, but the immediate landscape has significantly changed in the last century since its closure. The once barren landscape once had few if any trees, with wide open views of the pits, spoil heaps, existing buildings and now missing winding heads. We therefore do not agree that development within the landscape is intrinsically harmful and argue that some tree removal to open up views of the listed buildings would be a heritage benefit.
•Tree Preservation Order: It is acknowledged that the development would inevitably result in the loss of protected species. However, as set out, most of the trees within the area proposed are low value groups, self-set following the closure of the colliery. There is also extensive Knotweed, which means large areas need to be cleared anyway.
•Coal Mining Legacy: Much of the Black Country has a coal mining legacy, this is not a reason to prevent development.
2.27. As set out above, we simply do not agree that many of the designations should result in an in principle objection to a redevelopment of part of the site.
2.28.Furthermore, within the pre application discussions, the proximity of the industrial estate to the east of the site gave officers concern in amenity terms for future residential occupiers. Moreover, internally, the Engine House has a large, open characteristic. Converting to residential use would require extensive subdivision, which would not be impossible but potentially undesirable in heritage terms. The site also has an industrial past, given its former uses. For these reasons – and the significant need for employment land in the Borough – the landowner has decided to progress a commercial development at the site instead.
2.29.Much like the residential proposals, the site would be split into two. Around the listed buildings, they are proposing smaller units, including light industrial, office and gym space. At the northern parcel, closer to the existing industrial estate, we are proposing an series of light industrial/industrial units. This would form a logical extension to the existing Strategic High Quality Employment Area at Shelah Road.
2.30.Given the significant unmet need identified for employment land, we respectfully urge the Council to allocate more land at the site. Rather than residential use, we ask the Council to consider an employment or perhaps even mixed use allocation.
2.31.The application documents are well progressed and it is likely that an application will be submitted early in the New Year. This shows that the site is available and deliverable now. An indicative layout has been included overleaf:

3.1.This representation has been made on behalf of Marlie Civils, in respect of their site at New Hawne Colliery, Halesowen. We commend the Council for conducting the Regulation 18 Consultation so quickly following the collapse of the Black Country Plan. We also welcome the proposed allocation on part of the site.
3.2.However, it is clear that the Plan does not go far enough in seeking to deliver sufficient employment land, for which there will be a significant shortfall. To address this, the Council are reliant on Statements of Common Ground with neighbouring authorities, which are not agreed presently and given the collapse of the Black Country Plan, there is some uncertainty around this.
3.3.However, the land at the Former New Hawne Colliery is available now and could go some way in meeting this need. Whilst the site has ecology and landscape designations, it is previously developed and there is a clear opportunity for a wider cohesive development to bring the listed buildings back into active use.
3.4.The landowners have spent considerable sums investigating all manner of technical matters at the site (ground conditions, ecology, highways, landscape, drainage and trees). Evidence will be available shortly to demonstrate how the site can be delivered in a sustainable way. A development of this site would in turn, reduce the pressure on (for instance) areas of Green Belt on the periphery of the Borough.
3.5. We have made comments on more generic planning policies where we consider it is justified, and we urge the Council to consider the points we have made.