Part One: Spatial Strategy and Policies (Regulation 19)

Object

Representation ID: 1183

Received: 28/11/2024

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

Policy DLP1 states that to deliver sustainable growth the plan will need to deliver the development of at
least 22.6ha employment land, this represents a reduction in the minimum level of employment land to
be delivered from the Regulation 18 consultation version of the Plan. 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, particularly in light of the reduction in the proposed delivery of employment land from the
previous consultation version of the document. This is considered further below, within the context of
policy DLP18.

Comment

Representation ID: 1184

Received: 28/11/2024

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

As currently prepared it is considered that the regeneration corridors are not protecting existing
employment land and properly identifying the positive role that existing employers play in the economy
of the Borough. Our client’s land interests at Bott Lane have been excluded from the identified local quality
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.
The regeneration corridors should be consistent with the more local level studies and plans that have been
prepared.

Object

Representation ID: 1185

Received: 28/11/2024

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

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, forward
thinking and highly valued local business.

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.

Object

Representation ID: 1187

Received: 28/11/2024

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

the policy fails to protect
and allow for the development of existing sites which make a significant contribution to the existing and
future capacity within the borough such as our client’s interests at Bott Lane. This is especially frustrating
in the context of Pegasus Group who are at the forefront of recycling initiatives through the use of modern
and emerging waste technologies. Their operations provide a critical service to local infrastructure and
utilities operators and do so at a level of sustainability and recycling, which is at the very top of the industry,
thereby improving Dudley’s sustainability. Supporting this operation and planning for its future should be
a primary objective of the plan, in respect of this site and local area.

Object

Representation ID: 1188

Received: 28/11/2024

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

As drafted, the plan contradicts this policy and fails to protect existing waste facilities through the
allocation of sites within the plan, as our client’s site has not been allocated within the plan as an existing
or potential / future waste site, despite meeting a number of the criteria set out under paragraph 17.21
of the plan.

As per our previous representations, it remains the intention of our client to secure a permanent
consent to enable the continued operation of the site, they are currently in the process for preparing a
masterplan for the site and this will be shared with the LPA at the earliest opportunity, with the intention
of progressing pre-application discussions (which have already been initiated), early in 2025, the objective
of which is to secure a permanent consent for our client’s operations on an expanded site ahead of the
end date of the current temporary consent in 2026.

Object

Representation ID: 1189

Received: 28/11/2024

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

Our client has previously made representations, responded to call for site’s exercises and actively engaged
in the Lye Valley master planning process in an effort to secure an allocation as a waste site. We have also
commenced pre application discussions on the preparation of an application for permanent and expended
consent, as referred to above. Through engagement with officers, through the master planning process,
application process (in securing their current temporary consent) and pre-application process, our client
have made clear their intentions and commitment to maintain a long-term presence at the site. Should be updated to identify our client’s land interests as both an existing and proposed commitment for
waste management facilities, reflecting the existing use and the longer-term proposals for the site.

Object

Representation ID: 1190

Received: 28/11/2024

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

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

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.

Site at Bott Lane is a suitable location as set out in detail in rep.

Object

Representation ID: 1191

Received: 28/11/2024

Respondent: Pegasus Grab Hire Ltd

Agent: Emery Planning

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

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 with aggregates for instance now achieving 99% recyclability through the investment in
modern technology that our clients have made.

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 approaching 3 times the capacity of the other facilities set out above combined.

It is therefore considered that the site should be safeguarded and identified through the plan as forming part the boroughs minerals infrastructure given the fundamental role that it plays.