SH35 (SA85) SH36 (SA86) Unsustainable and threat to biodiversity and Sheepwash Nature Reserve wildlife corridor with canal. Rattlechain lagoon contains tens of tonnes of white phosphorus and is not fully remediated with unstable ground and sediment. Unthinkable of building homes on this site. Equally the former Duport's tip requires significant and unsustainable remediation unsuited to development due to disgraceful dumping of foundry sand- unstable after 30 years of tipping. This site never came forward from the 2011 plan and should be removed. Rhodia/Solvay claimed a period of at least 25 years of monitoring in 2013 when undertaking limited remediation.

SH18 - Friar Park, Wednesbury.
Would object to allocation as it is a SLINC.
Also surrounded by PSIs, which would need assessment against the Local Wildlife Site assessment criteria before planning permission can be granted if they're going to be affected

SH35 - Rattlechain site - land to north of Temple Way, Tividale. S
This site is a PSI and would need assessment against the Local Wildlife Site assessment criteria before planning permission can be granted

SH43 - Land off Tanhouse Avenue, Great Barr.
Site is a SLINC, adjacent to SINC. We would object to this allocation

SH53 i object to the building of 7-14 storey accommodations as we already have 3 high rise blocks of 14 storeys already, putting in new ones will only compete with the existing blocks of flats and will block out any remaining sunlight not blocked by the new hospital.

SH61 i object to the building on the thandi coach site as it has already been identified that the ground underneath is contaminated and that the new housing estate next door is besieged with flood problems when it rains.

In relation to the Chance Glassworks Site allocated below, The Chance Heritage Trust wish to see the sensitive, heritage-led regeneration of the Chance
Glassworks Site remain a priority for Sandwell Council throughout the Local Plan process.

CHT considers that the emerging policy in this regard accords with Paragraph 122 and 190 of the National Planning Policy Framework (NPPF) by adapting the policy position to reallocate land and setting a positive strategy for the conservation and enjoyment of the heritage assets on the Chance Glassworks site, and putting them to viable uses consistent with their conservation.

Alongside this short summary we have submitted a representation to Sandwell's Local Plan email that provides further details.

In relation to the Soho Foundry and Mint, Smethwick, it is recommended that a site specific mixed-use allocation is provided for these important and significant heritage assets, to enable the best viable use of these assets to be developed, to help secure the significant heritage regeneration aims of the Chance Heritage Trust and the removal of the site as a Local Employment Area, enabling these to come forward for a range of business, tourism, leisure and/or heritage education uses that would foster the public enjoyment of these assets. See submitted stand-along representations from the Chance Heritage Trust for further information.

We note that the Council has a significant under-supply of housing, with paragraph 2.61 stating that the housing need is 29,773 dwellings by 2041. However, the identified supply of homes is only 11,167, resulting in an unmet need of 18,606 dwellings. This is a very significant under supply and we consider that there is suitable land at 192 – 200 Dudley Road, Oldbury that could make a contribution towards meeting this shortfall and therefore should be allocated in the Local Plan for development.

Below is a description of the site; its surroundings and why it is an appropriate site for allocation in the Local Plan for a residential-led mixed use scheme.

Site Description and Surroundings

The site consists of a number of commercial buildings, including a petrol station, car repair and services, a hand car wash, hardstanding area and two-storey dwellings. One of the dwellings is separated from the rest of the site by a track used to access the properties on Payton Close and Brades Road. The commercial buildings on the site fall within sui generis use class, with the residential dwellings falling within Use Class C3. The site measures approximately 0.58 hectares. The site is currently unattractive, containing a large number of parked cars as shown on the google maps aerial image below and therefore detracts from the character of the local area and its redevelopment would enable significant environmental enhancement.

The site is within a sustainable area with Oldbury Town Centre located 0.64 km (0.4 miles) southeast of the site which is a 7-minute walk away, where a wide range of services can be found. Albion Street bus stop is located approximately 60m southeast of the site, from which frequent services can be accessed to Dudley Centre, Birmingham City Centre, and the areas in between. Sandwell and Dudley Railway Station is located approximately 1.28 km (0.8 miles) east of the site, which is a 16-minute walk away, and this provides frequent services to surrounding towns and cities, as well as other stations within Birmingham. The site is adjoined on its north-west, south-west and south-east boundaries by residential uses, and there are commercial uses within the immediate area including a takeaway, a pub, a car wash and a tyre sales shop. The Brades Road employment site is only 200 metres from the site. The Oldbury Health Centre is 1 km away. The Luxmy Foodstore is located 200 metres from the site. The Brades Primary School is approximately 700 metres way, with the Ormiston Sandwell Community Academy a similar distance away. The Meadows School which caters for children with disabilities is only 400 metres away. The site therefore is located in a highly sustainable location and meets the criteria for high density development of 45+ dwellings per hectare as set out in emerging Policy SH03.

Statutory and Non-Statutory Designations

The site is not subject to any statutory designations and is not located within a conservation area and does not contain any Listed Buildings or other buildings that have any special architectural or historic merit, either nationally or locally. The site also has no designations relating to landscape or biodiversity value. The site is located in Flood Zone 1 where there is a low risk of flooding. The site is therefore unconstrained with respect to environmental designations.

Emerging Development

There are a number of sites allocated for development in the Draft Regulation 18 Sandwell Local Plan that are in close proximity to the site to the north-west (highlighted orange in Figure 2). These partly fall within the Dudley Port and Tipton Regeneration area and have been identified as suitable for residential development. Allocated less than 100m south-east of the site is a mix of Local and Strategic Employment Sites (highlighted blue and purple in Figure 2). The site is therefore situated on a key route which would benefit from a residential-led mixed use development.

New Emerging Local Plan (2041)

The Development Strategy is set out in the proposed Policy SDS1 which states that the Sandwell Local Plan seeks to ensure that growth is sustainable by:

a) ‘delivering as much new development as possible on previously developed land and sites in the urban area;
b) allocating housing in locations with the highest levels of sustainable transport access to residential services (retail provision, schools, healthcare facilities, fresh food, employment etc.);
c) regenerating existing housing and employment areas and help them deliver:

i. cleaner, more energy-efficient and more intensive areas of growth; and
ii. improving the environmental, climate change, accessibility and socio- economic capacity of existing residential and employment areas;
d) allocating new employment land where sustainable access and good public transport links are available;
e) taking advantage of existing and improved infrastructure capacity to maximise development on new sites;
f) supporting and enhancing the sustainability of existing communities through the focussing of growth and regeneration into West Bromwich and other town centres and regeneration areas (Policy SDS2);
g) protecting and enhancing the quality of existing towns and local areas and re- balancing the housing stock by delivering homes supported by jobs and local services.’

The land which we are arguing should be allocated at 192-200 Dudley Road, Oldbury, would contribute towards the achievement of these sustainable development objectives as it is previously developed land; has the highest levels of sustainable transport access to residential services; would regenerate an existing housing and employment area and help deliver a cleaner, more energy efficient development; would significantly improve the environment; is located on the Sedgley to Birmingham key route network where the Council is seeking to improve sustainable modes of transport; would deliver much needed new housing, whilst also protecting and enhancing the quality of this area of Dudley Road.

Delivering as much new development as possible on previously developed land will continue to be a key part of Sandwell’s spatial strategy. Those components of the Development Strategy identified in the draft Local Plan which could help to increase the supply of land for housing in Sandwell, include amongst other things, mixed land uses and increasing housing densities. In this respect, the site represents an opportunity to satisfy both of these aspirations within the emerging Local Plan.

Achieving Greater Densities in Sandwell

The latest SHLAA (April 2022) and the Urban Capacity Appraisal (November 2023) outlines that there is a potential uplift in housing capacity which could be achieved through adoption of higher densities. This has been explored through the Sandwell Local Plan, with Policy SHO3 of the Draft Regulation 18 Sandwell Local Plan setting out the minimum density standards as 100 dwellings per hectare where accessibility standards for very high-density housing are met and the site is located within West Bromwich; 45 dwellings per hectare where accessibility standards for high density housing are met, and 40 dwellings per hectare where accessibility standards for moderate density housing are met.

There will be variation across Sandwell but this acknowledges the density optimising approach that is set out in national policy which seeks to maximise the use of land.

Proposed Residential-led Regeneration

The landowner submits the 192-200 Dudley Road site for allocation in the forthcoming Local Plan for a residential-led mixed use scheme that aligns with the emerging local plan objectives. Based upon the analysis of housing densities undertaken by the Council, the redevelopment of the site could accommodate a minimum 50-80 flats above the commercial units on the ground floor, subject to architectural design and proposed number of bedrooms. These figures should be used as an approximate indication only.

From our own experience, it is conceivable that a sensitively designed, high-density scheme could come forward as part of a comprehensive redevelopment of the site, which could encourage and rejuvenate surrounding area. As such, it is envisaged that the site could make a significant contribution towards meeting Sandwell’s housing need as well as significantly enhance the character and appearance of the surrounding area. Invariably, as mentioned above, the variation in house types, sizes, internal layout and site conditions will determine the number of homes achievable. Ultimately, the quantum of development that can be delivered will be subject to detailed planning and design considerations.

The site represents a significant development opportunity to deliver a mixed-use development in a sustainable location that is suitable and available for delivery in the short-medium term. The redevelopment of the site would significantly enhance the character and appearance of the area.

Conclusions

The principle of the requested Local Plan allocation for a residential led mixed use development meets with the emerging ambitions presented as part of the Sandwell Draft Local Plan 2041.

The use of brownfield land is a priority for both local and national government and has been a key part of Sandwell’s development strategy for many years. The site represents available and developable previously developed site in a highly accessible and connected location, identified for sustainable growth over the plan period to 2041

The site is also wholly located within Flood Zone 1, where there is a low probability of flooding, and so accords with the Government’s policy on flood risk.

At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development. There are three dimensions to sustainable development: Economic, Social and Environment. The allocation of this site would deliver substantial social, economic and environmental benefits and therefore represents highly sustainable development. Given the site’s accessibility, excellent connectivity and the number of residential properties in the near vicinity, the site is suitable, available and appropriate for residential-led development.

Our clients control the land the subject of this representation, which is considered suitable, available, achievable and appropriate for housing development. The site would assist meeting an immediate need for providing local housing as well as meeting the district wide need. Given that the site has no statutory restrictive designations, allocating this land would make effective use of previously developed land. It provides for a sustainable approach to the planning of the settlement. The allocation of this site achieves all three sustainable dimensions as mentioned above. For these reasons we consider that the site should be allocated for a mixed use housing-led development in the emerging new Local Plan (2041).

There are no restrictive covenants or other obstructions to development and the development would be able to proceed within 0-5-year framework given the immediate availability of the subject site.

The subject site should be identified as an allocated site for residential led mixed use development in the next stage in the plan-making process.

Policy SH01 and residential allocation SH55 “Cape Arm / Cranford Street”

Policy SHO1 (Delivering Sustainable Housing Growth) sets out that sufficient land will be provided to deliver at least 11,167 net new homes over the period 2022 – 2041 and includes 6,951 homes from “Housing Allocations that the Plan considers can be delivered over the Plan period.
Appendix B of the draft Plan sets out details of Sandwell’s proposed allocation sites and first lists each of the Housing Allocations, including Allocation SH55 “Cape Arm / Cranford Street” which is shown as a 2.13 ha brownfield site with a potential yield of 170 homes at a net development density of 80 dwellings per hectare (dph) over an indicative net developable area of 2.13 ha. Appendix B sets out that the Anticipated Delivery Timescale (completion year) for this allocated site is 2030.

Our client, Oldbury (Smethwick) Ltd, a subsidiary of Pall Mall Investments, are the owners of approximately 1.78 ha of land within Allocation SH55. They intend to put forward a residential development proposal for this land and have sought the Council’s pre-application advice to inform their latest proposals for up to 90 homes (under reference PA/22/00618).

As such, our client remains generally supportive of the continued allocation of this site for residential development within the draft Sandwell Local Plan – following its allocation for residential use in the adopted Sandwell Site Allocations Document (2012) and subsequent draft allocation in the now defunct Black Country Plan.

However, the representations made here, and to other draft policies of the draft Sandwell Local Plan, make some initial observations and suggested amendments to the draft policies to ensure they optimize the market attractiveness, viability and deliverability of development for our client’s site in particular. Our comments seek to ensure that the emerging policies are flexible enough to ensure that the anticipated, and allocated, residential regeneration of our client’s land can be achieved.
Whilst our client welcomes the continued residential allocation of the site under SH55, as it will enable them to bring forward residential development of the site when the current temporary use (facilitating the construction of the Midland Metropolitan Hospital) ceases, they have several comments / observations on the draft site allocation as follows:
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The gross site area is shown to be 2.13 ha of brownfield land. Our client assumes that this includes both our client’s land, which at 1.78ha forms the significant majority of the allocation, and the small parcel of land that originally formed part of the site but that is now in the control of the NHS trust by virtue of Compulsory Purchase Order (CPO) to facilitate the construction of the neighbouring Midland Metropolitan Hospital. The draft Local Plan Proposals Map also suggests that a small parcel of land on the southern side of the Cape Arm is also included within this allocation.

The table provided at Appendix B suggests the indicative development capacity is 170 homes and indicates a development density of 80 dph across a net developable site area of 2.13 ha. By way of background, the former BCP draft allocation indicated a development density of 38dph at this site, equating to an indicative capacity of 70 dwellings (over the former site area of 1.85ha). Our client highlighted that this was at the lower end of the range of development densities that could be achieved at this site, and indicated that its own masterplan / site layout work had indicated an achievable site capacity (at that time) of 80 to 90 homes at a density of approximately 43 to 50 dph.

On this basis, our client submitted an indicative proposal for up to 90 dwellings (or around 50 dph) as part of a pre-application submission to the Council, demonstrating that this level and nature of development represented a viable proposal (at that time) and one that would have been most attractive to the market, and ultimately one that could have been deliverable here.

The latest draft allocation at a density of 80 dph is significantly higher (60% higher) than the density considered deliverable by our client. It is also significantly higher than the other residential allocations immediately surrounding SH55 and forming part of the wider Grove Lane masterplan area within the wider Smethwick Regeneration Area, at SH54 which has a development density of 40dph and SH58 which has a development density of 56dph – for example.

Moreover, draft allocation SH55 (within Appendix B of the draft Local Plan) suggests the developable area for SH55 is the same 2.13 ha as the total site area of 2.13 ha – suggesting either that the Council is anticipating development to cover the entire site (i.e. with no Green Infrastructure provision etc.) or that the net density calculation has been erroneously undertaken across the entire site and not reflective of a deliverable net developable area.

Ultimately, the approach taken is at odds with other policies within the draft Plan such as SMD1 (Design Quality) which requires major development proposals to contribute towards the greening of Sandwell (for example) and SH03 which takes an alternative approach to development density (for example). For the avoidance of doubt, we have submitted representations to each of these draft policies on behalf of our client also.
As such, the draft allocation must be clear that the density and capacity figures are indicative but they should nonetheless be be amended to reflect a deliverable proposal, and to avoid delivery at this allocated site being stifled by an onerous and undeliverable density and capacity requirement.

Leading on from the point above, the draft allocation’s reference to the Grove Lane Masterplan (and Smethwick Regeneration Area generally) must be recognised in context of the Black Country Joint Core Strategy (JCS) which formed the strategic Development Plan Document when the Masterplan (and Regeneration Area) were progressed, and which has ultimately failed to deliver the homes needed in Sandwell, and the wider Black Country, to date.

Sandwell’s latest published 5 year housing land supply position indicates that the Council can demonstrate just 1.57 years’ worth of housing land and in turn indicates a chronic failure to deliver sufficient homes needed to meet the Council’s identified housing need in the 5 year period. The draft Sandwell Local Plan’s housing trajectory projects that there will continue to be a chronic cumulative under supply of homes up to 2031/32, compounded by the Council’s continued reliance on windfall sites (being the 3rd largest contributor to the Council’s anticipated housing supply over the emerging Plan period (delivering 17% of homes needed in Sandwell). Relying so heavily on windfall sites reflects the Council’s continued failure to allocate a sufficient number of deliverable sites and its continued over-reliance on delivery at undeliverable densities from brownfield sites. It also highlights the conflict created from high density aspirations with onerous, unviable and ultimately undeliverable policy aspirations for design, sustainability and Green Infrastructure provision (for example).

The draft Plan sets out that 11,167 net new homes can be delivered over the Plan period (2022 to 2041) but recognises that this figure, when measured against the Council’s calculated Local Housing Need (currently calculated at 29,773 homes over the Plan period), represents a significant shortfall, and generates a substantial unmet need (of 18,606) homes within Sandwell over the Plan period.

In this context, significantly more sites must be allocated for residential development in Sandwell, including green field sites. This would reduce the burden of delivery from brownfield sites which, if the allocated brownfield sites are going to make the contribution they need to make in delivering much needed homes in Sandwell, a more realistic, and flexible, policy approach is needed to facilitate delivery from the allocated brownfield sites, like SH55, which are often subject to more stringent policy criteria than windfall sites (for example) – and demonstrates why the Council has to rely so heavily on windfall sites.

In essence, the brownfield allocation sites are being relied on too heavily to deliver the homes needed and this is leading to unrealistic and undeliverable development densities, which are at odds with other policy aspirations being inflexibly applied. A more flexible approach is needed to avoid continued stifling of these sites.

The draft Plan Proposals Map indicates that a cycle path is proposed to be routed along the Cape Arm but the Map itself is unclear if this route is proposed to the north of the Cape Arm or to the south, and suggests it is actually to be located within the canal. The Grove Lane Masterplan shows the cycle path on the southern (hospital) side of the Cape Arm and its route should be clarified within the Local Plan Proposals Map.

If this route is delivered on the northern side of The Cape Arm it will further reduce the net density / deliverability from SH55. That said, the area on the southern side, adjacent to the Midlands Metropolitan Hospital site, would readily connect over Cranford Street onto the cycle path which has been delivered through the residential development to the north, and thus connect onto the wider network running along the Birmingham Canal further to the north – suggesting the southern side of The Cape Arm is preferable for the cycle path.

Draft Policy SH03 (Housing Density, Type and Accessibility)

Requires all developments of 10 or more homes to achieve the minimum net densities set out (depending on locational sustainability) “except where this could prejudice historic character and local distinctiveness”.

However, it is not clear whether the minimum density requirements apply to the gross site area or the net developable area. As such, draft Policy SH03 should be amended to ensure that the densities required apply to the net land areas to ensure that the targets are achievable.

This required clarity is particularly important for the housing allocation sites where some of the allocation sites have a net density calculated on the net developable area but others, like SH55 for example, have a net density calculated across the whole site area and do not reflect or consider the net developable area. Consistency is needed.

However, the ability for any site to achieve the minimum density requirement will depend upon a range of site-specific factors, such as site constraints, delivery against other policy requirements (like draft Policy SMD1’s requirements to deliver sustainable design and technology and urban greening / green infrastructure for example) as well as each proposal’s ability to deliver a suitable mix needed to achieve the required density, factoring in market demand and need for example, as well as viability – which is fundamental if any homes are to be delivered at all.

Clearly the density requirement will need to balance other policy and density mix requirements, as well as both market demand and need, as well as site-specific constraints – and not just whether meeting the net density requirements would prejudice historic character and local distinctiveness.

As such, draft Policy SHO3 must be updated to ensure that there is flexibility and should express the required densities as ‘targets’ rather than ‘minimum’ requirements.

Draft Policy SH06 (Financial Viability Assessments for Housing)

Sets out at its part 4) that on sites where applying the affordable housing or accessibility and wheelchair user requirements set out in Policies SHO4 and SHO5 can be demonstrated to make the development unviable, the maximum proportion of such housing will be sought that will not undermine the viability of the development, subject to achieving optimum tenure mix and securing other planning obligations necessary for the development to gain planning permission.

Whilst the recognition that any such provision needs to be viable is welcome, financial viability is key for all policy requirements if much needed residential development is going to come forward. With this in mind, draft Policy SH06 must refer to other policy requirements, such as SMD1 (Design Quality) for example, and make it clear that if any policy requirements make the development unviable, the optimum provision will be sought that will not undermine the viability of the development, subject to achieving optimum tenure mix, development density and securing other planning obligations necessary for the development to gain planning permission.

Draft Policy SMD1 (Design Quality) part 2)

Requires (all) developments to demonstrate that its listed criteria have been addressed and at part 3) requires (all) major developments to contribute to the greening of Sandwell by delivering against its listed criteria.

However, the draft Policy’s prescriptive approach lacks flexibility and is likely to impact upon deliverability of development – particularly allocated brownfield sites which are subject to other policy requirements and masterplan aspirations which, if inflexibly applied, are stifling development from them. The Policy also needs to recognise that development must be viable in order to deliver its requirements.

As such, the Policy must be amended to provide sufficient flexibility to ensure that development is viable, and ultimately deliverable, whilst delivering its requirements where possible, or where viable.

This more flexible approach is provided in draft Policy SH04 and draft Policy SH05 for example, which make it clear, and are explicit, that affordable housing provision and wheelchair accessibility standards (respectively) are required but only ‘subject to financial viability’.