Part One: Spatial Strategy and Policies (Regulation 19)

Object

Representation ID: 1385

Received: 09/12/2024

Respondent: Clowes Development LTD

Agent: Savills

Legally compliant? No

Sound? No

Duty to co-operate? No

The emerging Dudley Local Plan (Regulation 19 version) states that 699 dwellings are required to be exported through the Duty to Cooperate. Point 3 of policy DLP1 states that:
“…Those development needs that cannot be accommodated within the Dudley administrative area will be exported to sustainable locations in neighbouring local authority areas.”
There is however, no confirmed agreement with other LPAs regarding the provision of this shortfall being exported to other LPA areas. Moreover, the Duty to Cooperate statement within the Regulation 19 version of the emerging Plan is dated October 2023, indicated it has not been updated since the version published with the Regulation 18 version of the Dudley Local Plan in Winter 2023. Thus ongoing engagement is not evidenced, as required by paragraph 26 of the NPPF.

Object

Representation ID: 1388

Received: 09/12/2024

Respondent: Clowes Development LTD

Agent: Savills

Legally compliant? No

Sound? No

Duty to co-operate? No

Paragraph 2.44 of the Duty to Cooperate Statement makes reference to the Black Country Authorities (BCAs) seeking to come to an agreement via a statement of common ground on how to apportion contributions to BCAs as a whole from neighbouring LPAs. As the BCAs are no longer progressing a joint Local Plan, Dudley should be approaching each LPA who has offered a housing contribution for them to provide a number for Dudley only. It is not just for BCAs to decide how to apportion this, but it should also reflect the specifics of the functional and administrative relationships between LPAs.
In respect of Dudley and South Staffordshire there is a particularly strong administrative relationship, due to the fact that Dudley shares around a third of its administrative boundary with South Staffordshire, and of that the majority of the Dudley built up area is up to the boundary with South Staffordshire, as is shown in the map overleaf: Functionally, Dudley and South Staffordshire are connected by proximity and key connections such as the A449 and A458, and the Shrewsbury to Birmingham railway line (via Coseley railway station).We note that another way Dudley intends to evidence constructive engagement is through the publication of evidence such as that seen at appendices one and two of the DtC Statement. A number of meetings are recorded as having taken place with Duty to Cooperate partners. This lists out a number of meetings with different partners. A key issue is that none of the recorded instances of these meetings takes place in 2024, which suggests a lack of ongoing engagement (as required by paragraph 26 of the NPPF).
To evidence that this engagement has been meaningful, the minutes, actions and outcome of these meetings referenced in appendix one and two of the DtC statement, should be made public (albeit redacted where necessary). This would then suitably evidence cooperation. Otherwise it is not clear whether meetings have been useful in satisfying the requirement for ongoing and meaningful engagement.
We ask the BCAs to publish detailed minutes, lists of attendees etc. for the meetings referenced in appendix one and two, and furthermore provide a clear indication of the level of engagement that has been taking place with HMA LPAs.
Summary and Key Points for Dudley to Consider
Having reviewed and considered the evidence base made available in relation to the Duty to Cooperate, we assert that the following key points should be taken forward to ensure that the Local Plan review’s position in respect of Duty to Cooperate is legally compliant, and also sound as per paragraph 35 of the NPPF:
Specific engagement should be made with South Staffordshire, due to its strong administrative and functional relationship with Dudley.
SoCGs should be drafted and regularly updated now, as recommended by the PPG.

Object

Representation ID: 1389

Received: 09/12/2024

Respondent: Clowes Development LTD

Agent: Savills

Legally compliant? No

Sound? No

Duty to co-operate? No

There is no evidence in support of the draft Plan on whether engagement to date has been constructive and active in an attempt to resolve the strategic matter of unmet housing need and maximise the effectiveness of plan preparation.
Therefore, the plan should not be submitted until further evidence is produced in this regard, and a further Regulation 18 consultation is undertaken to ensure that any shortfalls in the availability of duty to cooperate information can be suitably dealt with before a further Regulation 19 consultation then takes place.
This will ensure that the Council has been able to suitably take into account the comments and queries of stakeholders before the plan is submitted.

Object

Representation ID: 1391

Received: 09/12/2024

Respondent: Clowes Development LTD

Agent: Savills

Legally compliant? No

Sound? No

Duty to co-operate? No

We also consider a functional relationship to exist in the form of the Dudley Travel to Work Area (TTWA). Clowes Development’s site at Lawnswood Road, South Staffordshire is located within the Dudley Travel to Work area, along with areas of Dudley including Stourbridge, Kingswinford and Brierley Hill. TTWAs have been developed by ONS to provide an approximate self-contained labour market areas. These are areas where most people both live and work. They are based on statistical analysis rather than administrative boundaries. We consider that such measures should be used when determining the weight given to functional relationships with other Local Authorities.