Part One: Spatial Strategy and Policies (Regulation 19)

Comment

Representation ID: 1018

Received: 27/11/2024

Respondent: Glen Dimplex Group

Agent: Glen Dimplex Group

Policy DLP3 - Areas Outside the Growth Network Policy DLP3 refers to areas outside of the identified Growth Network setting out a vision for what these areas will include. It states that the main role of areas outside of the Growth Network are to provide employment opportunities to serve communities outside the Regeneration Corridors and Centres and to provide a supply of housing land at appropriate densities. The broad approach to development in areas outside the Growth Network will be to primarily focus on brownfield land, in locations with best access to local services and infrastructure. Glen Dimplex support the inclusion of such a policy which provides guidance for those sites outside of the identified Growth Network, which could play an important role in delivering the housing and employment requirements of the Borough, particularly in response to changing markets. However, this draft policy suggests that weight is attached to such sites outside of the Growth Network, yet only allocates 343no. dwellings in such locations (set out in policy DLP1).

We respond specifically on the housing allocation for the Glen Dimplex site later on in this response, and are indeed supportive of such an inclusion. However, with regard to the soundness of this particular general policy we query whether it would be more effective if proportionate housing growth was attributed to these areas, particularly where there is strong connections with facilities, services, and also neighbouring authorities.

Support

Representation ID: 1019

Received: 27/11/2024

Respondent: Glen Dimplex Group

Agent: Glen Dimplex Group

Policy DLP11 - Housing Density, Type and Accessibility Policy DLP11 details the need for housing developments to deliver a range of types and sizes to meet sub-regional and local needs, as well as ensuring that new development has access to sustainable transport and achieves high- quality design. It imposes minimum density levels on developments with more than 10 dwellings providing they meet the Dudley Borough Housing Accessibility Standards (Table 8.2).

In principle, Glen Dimplex Limited generally support Policy DLP11 (Housing Density, Type and Accessibility), however the draft policy as currently worded could be clearer and more effective for future residential development proposals.

The draft policy promotes flexibility over the plan period for housing types to be assessed on a site-by-site basis which is important in the dynamic housing market and specific locational requirements.

Part 2 of this draft policy however, states that the range of house types and sizes should be 'in line with the most current evidence base supporting this policy, and any relevant revisions" and refers then to Table 8.3. In our previous representations we noted that it was not clear whether the Local Planning Authority would be undertaking a HMA specific to the Dudley area. It is welcomed that this has now been completed and incorporated into the policy.

Table 8.3 sets out the mix identified in the Dudley Housing Market Assessment (September 2024) (HMA) and is generic for across the Borough as a whole rather than on more localised markets. However we consider that for this policy to be positively prepared in accordance with Paragraph 16 and 35 of the NPPF (2021) the following text should be inserted into part 3 (underline shows suggested insertion):

"Developments of ten homes or more should provide a range of house types and sizes that will meet the accommodation needs of both existing and future residents, in line with the most recently available information, such as:

The Dudley HMA 2024 (or any subsequent revision); or Detailed Local Housing Market Assessments (where applicable); or Current and future demographic profiles; or Locality and ability of the site to accommodate a mix of housing; or Market signals and local housing market trends."

Providing a broader source of market information will enable housing developments to be brought forward in accordance to the market dynamics at the time of submitting a planning application, should the HMA be considered out of date.

Furthermore, this will enable this policy to be considered 'effective' as such wording will allow the housing requirement to be deliverable in an ever changing market, providing Applicants with the flexibility to bring forward additional sites as required. Additionally, in terms of being positively prepared, this will enable the LPA to meet the Borough's OAN by encouraging development appropriate to the location.

Comment

Representation ID: 1022

Received: 27/11/2024

Respondent: Glen Dimplex Group

Agent: Glen Dimplex Group

Policy DLP21 - Other Employment Areas Policy DLP21 refers to sites outside of designated employment areas, identifying them as 'Other Employment Areas'. The policy states that these identified sites will be either:

CBRE 3(a) retained and enhanced for industrial employment uses within Use Class E(g)(ii), E(g)(iii), B2 or B8;

(b) be redeveloped for housing; or

(c) where appropriate, be developed for community, entertainment, food and drink, or leisure and recreation uses.

Under Part 2 of the policy a number of criterion for circumstances where proposals are put forward for an alternative development under points b and C.

As currently worded, Part 2 is ambiguous whether all of the criterion are required to be met to demonstrate that the loss of an employment use is acceptable, or whether one of them needs to be satisfied. In our previous response to the Regulation 18 consultation, we advised that this should be amended for the next version of the Plan to ensure that this is clear. We do not consider that all of the criterion should be required to be satisfied, but rather one or more. This is because to satisfy all of the criterion may potentially lead to conflicting positions, resulting in an overly restrictive policy. This would, in our opinion, result in the policy not being positively prepared, effective or justified. We therefore suggest the following additional wording is included to provide clarity (additional wording shown underlined):

"Development for uses under 1(b) or 1(c) will only be acceptable where there is robust evidence to demonstrate to the satisfaction of the council that one or more of the following criteria have been met: [...]"

In terms of the consideration of this policy against the legal tests of soundness, we advise the following:

Positively prepared - whilst this policy could generally support the OAN and reduce the requirement for unmet need to be addressed through the duty to co-operate, without clarity it could prevent or delay deliverable housing sites coming forward therefore making it more challenging to meet the OAN, particularly when relying on windfall developments.

Effective - this policy, without the proposed additional wording set out above, could prevent or delay the delivery of housing sites if all of the criteria is required to have been met.

Justified - it is not clear why all of the criteria would be required and therefore is not an appropriate strategy.