The proposed wording of Policy SHW4 as contained in the Regulation 19 Local Plan should be amended to include the clarification provided by the Council in response to Regulation 18 comments. This could be critical to securing sufficient delivery of homes to meet the requirements set out in the emerging Local Plan.

In assessing the wording of the Regulation 18 version wording of Policy SHW4 (‘Open Space and Recreation’), Vulcan noted the policy failed to acknowledge that the expectation of contribution to unrestricted open space should be based upon whether there is a demonstrable shortfall and/or resultant need in the locality of a development site.

In its response to the above feedback, the Council advised the following:

“The figure of 3.63ha per 1,000 population was identified in the last Green Spaces Strategy and represents the current level of provision available to residents in this highly urbanised borough. The SLP will go through a viability assessment and issues like this will be taken into account when the work is being undertaken.

The aim is to maintain this level of provision across the borough ‐ it is the case that certain areas of Sandwell are much better provided for than others, but other areas, particularly in the main urban core, suffer from a significant lack of opportunities.

The policy can be clarified to spell out the geographical requirements as necessary.”

The proposed wording of Policy SHW4 as contained in the Regulation 19 Local Plan should be amended to include the clarification provided by the Council in response to Regulation 18 comments. This could be critical to securing sufficient delivery of homes to meet the requirements set out in the emerging Local Plan.

I support this. It would be great if more green trails could be created around Sandwell and the wider West Midlands.
As mentioned there are green spaces in Sandwell but they are not joined up, access is hard without a car. It would be great if we had green, clean, safe, urban walking routes linking parks, heritage sites and canal routes around Sandwell. It would encourage more people to get out walking, to discover Sandwell, to discover the benefits of walking and not rely on your car to find green spaces to explore.

SHW4 We welcome the reference to unrestricted open space. However further provisions are desirable:
• Wherever possible open space should be land that can be used for some kind of recreation. Thus, land at road junctions that cannot be used because it is too close to roads is probably not suitable.
• We have come across cases where a developer of a large estate provides open space restricted to the residents of that estate, who are charged for its maintenance through a service charge. This should be unacceptable, because the residents will be paying twice of open space provision, both through their Council Tax and a service charge.

Our site at Harborne Road should not be allocated as open space i.e. this policy should not apply to this site.

I am writing to raise concerns over policy SHW4 and how it impacts our reservoir site at Harborne Road, which has been allocated as open space in the draft plan. This is a secure, operational site with no public access and should not be designated as open space within the plan. We have plans to invest in this site to ensure provision of water for our customers, and of course the restrictions of this intended policy do appear to conflict with the site and those plans for investment and our ongoing operations.

Removal of the Portway Road Substation Open Space

National Grid Electricity Transmission has appointed Avison Young to review and respond to local planning authority Development Plan Document consultations on its behalf. We are instructed by our client to submit the following representation with regard to the current consultation on the above document.

About National Grid Electricity Transmission

National Grid Electricity Transmission plc (NGET) owns and maintains the electricity transmission system in England and Wales. The energy is then distributed to the electricity distribution network operators, so it can reach homes and businesses. National Grid no longer owns or operates the high-pressure gas transmission system across the UK. This is the responsibility of National Gas Transmission, which is a separate entity and must
be consulted independently. National Grid Ventures (NGV) develop, operate and invest in energy projects, technologies, and partnerships to help accelerate the development of a clean energy future for consumers across the UK, Europe and the United States. NGV is separate from National Grid’s core regulated businesses. Please also consult with NGV separately from NGET.

Proposed development sites crossed or in close proximity to NGET assets:

Following a review of the above Development Plan Document, we have identified that one or more proposed development sites are crossed or in close proximity to NGET assets. Details of the sites affecting NGET assets are provided below.

Site of Bilport Lane, Wednesbury - VT ROUTE TWR (001A - 016): 400Kv Overhead Transmission Line route: BERKSWELL - OCKER HILL

Lion Farm - YJ ROUTE: 275Kv Overhead Transmission Line route: KITWELL - OCKER HILL

Roway Lane, Oldbury VT ROUTE TWR (019 - 036): 400Kv Overhead Transmission Line route: KITWELL - OCKER HILL

Portway Road Substation Open Space - Oldbury Substation and surrounding NGET land ownership

A plan showing details of the site locations and details of NGET assets is attached to this letter. Please note that this plan is illustrative only. Without appropriate acknowledgement of the NGET assets present within the site, these policies should not be considered effective as they cannot be delivered as proposed; unencumbered by the constraints posed by the presence of NGET infrastructure.

We propose modifications to the above site allocations and/or policies to include wording to the following effect: “x. The site will be developed with the following site-specific criteria:

x. a strategy for responding to the NGET overhead transmission lines present within the site which demonstrates how the NGET Design Guide and Principles have been applied at the masterplanning stage and how the impact of the assets has been reduced through good design.”

Please see attached information outlining further guidance on development close to NGET assets. NGET also provides information in relation to its assets at the website below.

• https://www.nationalgrid.com/electricity-transmission/network-andinfrastructure/network-route-maps

Further to the abovementioned conflicting site allocations, it has been identified that the Local Plan makes designations for new areas of open space. Policy SHW4 Open Space and Recreation includes a designation for Portway Road Substation Open Space (see Figure 1). NGET is currently investing in the network of the future to connect more lower carbon electricity to the network, which is crucial for the nation to achieve national net zero ambitions. NGET has a statutory duty to offer generation and demand customers connections to the network in an economic and efficient way.

There has been at substation at Oldbury for many years and it is an important node on the network to enable electricity to be transmitted securely and reliably. Since the acquisition of the land at Oldbury substation, the land outside of the electrical fence line has been retained in the long-term interests of our undertaking and is regarded a “operational land”. This land should therefore not be classified as open space and should be safeguarded for NGET’s operational use.

This designation is categorised as amenity open space and measures 6.95ha. The designation does not appear in the adopted Local Plan, with the area comprising white land. NGET is not able to release land immediately adjacent to operational substations as the land needs to be safeguarded to allow for any potential development in the future. Whilst there are no immediate plans to extend the substation, NGET needs to address the future particularly with the move to net zero and decarbonisation of the energy network.

Demand for electricity is expected to rise as the way we power our homes, businesses and transport changes. As the nation moves towards net zero, the fossil fuels that once powered our economy will be replaced with sources of low-carbon electricity, such as offshore wind farms.

The UK Government has committed to reach net zero emissions by 2050. This means achieving a balance between the greenhouse gases put into the atmosphere and those taken out. Decarbonising the energy system is vital to this aim.

NGETs infrastructure projects in England and Wales will support the country’s energy transition and make sure the grid is ready to connect to more and more sources of low carbon electricity generated in Britain.

The way we generate electricity in the UK is changing rapidly. This means we need to build new infrastructure and make upgrades to the grid to bring this clean, green energy from where it’s generated to where it’s needed by homes and businesses.

Further Advice

In summary, NGET must object to the proposed site allocations without appropriate acknowledgement and protection of the NGET assets present within these sites in line with NGET Design Guide and Principles. In addition, NGET object to the proposed designation of open space for the land surrounding Oldbury substation. This land is privately owned and may be required for low carbon energy purposes and National Grid’s operational use to meet the country’s net zero targets and meet the increasing demand for electricity to power our homes, businesses and transport.

NGET is happy to provide advice and guidance to the Council concerning their networks. If we can be of any assistance to you in providing informal comments in confidence during your policy development, please do not hesitate to contact us.

To help ensure the continued safe operation of existing sites and equipment and to facilitate future infrastructure investment, NGET wishes to be involved in the preparation, alteration and review of plans and strategies which may affect their assets. Please remember to consult NGET on any Development Plan Document (DPD) or site-specific proposals that could affect NGET’s assets. We would be grateful if you could check that our details as shown below are included on your consultation database:

NGET is able to provide advice and guidance to the Council concerning their networks and encourages high quality and well-planned development in the vicinity of its assets.

Developers of sites crossed or in close proximity to NGET assets should be aware that it is NGET policy to retain existing overhead lines in-situ, though it recognises that there may be exceptional circumstances that would justify the request where, for example, the proposal is of regional or national importance.

NGET’s ‘Guidelines for Development near pylons and high voltage overhead power lines’ promote the successful development of sites crossed by existing overhead lines and the creation of welldesigned places. The guidelines demonstrate that a creative design approach can minimise the impact of overhead lines whilst promoting a quality environment. The guidelines can be downloaded here: https://www.nationalgridet.com/document/130626/download

The statutory safety clearances between overhead lines, the ground, and built structures must not be infringed. Where changes are proposed to ground levels beneath an existing line then it is important that changes in ground levels do not result in safety clearances being infringed. National Grid can, on request, provide to developers detailed line profile drawings that detail the height of conductors, above ordnance datum, at a specific site.

NGET’s statutory safety clearances are detailed in their ‘Guidelines when working near National Grid Electricity Transmission assets’, which can be downloaded here: www.nationalgridet.com/network-and-assets/working-near-our-assets

Sport England supports the amendments made to both the wording of the policy and the supporting text in para 6.42-6.43 that explains that policy SHW4 sets out the Council's strategic approach to open space, whereas SHW5 relates specifically to playing fields and sports facilities. We also support the amendment made to part 7 of the policy, including footnote 153 that makes it clear that policy SHW4 relates to informal open space and recreation only and not to playing fields and other formal sports facilities that are covered by policy SHW5. The amendments have addressed Sport England's concerns raised at Reg 18 stage that as previously drafted there was some uncertainty as to whether policy SHW4 and the supporting appendix were relevant to playing fields, and as a result some conflict between the criteria tests to maintain consistency with national policy in the framework and Sport England's playing fields policy. As such, Sport England has no objection to the amended wording of policy SHW4.

Sandwell Spatial Portrait – paragraphs 47-50, Challenges and Issues – paragraph 89, and Chapter 1 – Sandwell 2041: Spatial Vision, Priorities and Objectives

The PCCWM supports the inclusion of detailed crime statistics and the predicted increase in crime with the additional growth proposed but has updated statistics available and therefore request that those paragraphs be amended as set out below to reflect up to date figures. Paragraphs 47 and 48 appear to quote crime statistic figures from a source other than West Midlands Police, and it is respectfully suggested that a consistency of figures, and their
source, should be used to ensure that future comparisons are consistent and accurate.

Since the submission of previous representations on behalf of the PCCWM, and in particular our response to the Infrastructure Delivery Plan dated 26 September 2023 (see Appendix 3) we have been provided with updated figures which reflect the full 2023 calendar year. These are provided at Appendix 4, but for the purposes of the table at Paragraph 49 and the subsequent Paragraph 50, the following amendments should be made in order to update the figures to reflect the most up to date full year statistics:

“49. West Midlands Police (WMP) have also identified an indicative level of crime in Sandwell, taken from the ONS and their own crime figures (offences / incidents /calls) for 2023:

See the attachment for table

50. According to WMP, the proposed numbers of new homes (10,434) would represent an 8% increase in the number of households within Sandwell. If the same percentage increase is applied to the actual incident and crime statistics for the area, the predicted proportional additional and total incidents / crimes likely to occur within a calendar year is likely to be in the order of 7,000 additional calls for service and 3,000 additional offences.”

Notwithstanding the above, PCCWM objects to the lack of reference to preventing crime and disorder in the draft Local Plan’s Challenges and Issues. These are clearly set out in the Arup ‘Infrastructure Delivery Plan Part 1: Infrastructure Needs Assessment Reference: v2.0 dated 2nd November 2023’ (section 4.4.3: Infrastructure Implications of Future Growth - Policing’): -
• Sandwell has seen a 25% increase in recorded crime since 2020;
• The demands placed on the police service can increase as the local population increases;
• The demands on the police are exacerbated by the major changes in the nature of crime and methods needed to deal with it, particularly regarding cybercrime, child sex exploitation and terrorism;
• Based on analysis of West Midlands Police’s (WMP) crime statistics (2022), it is predicted that the rising population would require the recruitment of c120 extra staff members;
• As Sandwell’s population increases, there is a greater need to ensure new development is supported by adequate policing infrastructure in the interest of
creating sustainable communities;
• This highlights the importance of new developments employing Secured by Design principles to reduce the amount of additional crime generated as the population grows in certain areas;
• As only 20% of their funding is received from Council Tax precept, WMP have stressed that increases in local population does not directly lead to an increase in funding for the Police Service from Government; and • WMP consider the consequence of no additional funding will lead to existing infrastructure becoming severely stretched and thereby have a severe adverse impact on the quality of the service that could be delivered.

As Sandwell’s population increases, there is a greater need to ensure new development is supported by adequate policing infrastructure in the interest of creating sustainable communities. With the predicted increase in crime in the Borough as a result of the proposed growth and the implications thereof as set out in the Spatial Portrait and the Part 1: Infrastructure Needs Assessment, it is inconsistent for this not to be referenced in the Challenges and Issues.

The PCCWM objects to bullet 89f) ‘Providing infrastructure to support growth’, which should be more explicit to include emergency services infrastructure particularly as Ambition 5 of Chapter 1 – ‘Sandwell 2041: Spatial Vision, Priorities and Objectives’ states: –

“Ambition 5
Our communities are built on mutual respect and taking care of each other, supported by all the agencies that ensure we feel safe and protected in our homes and local SLP relevance:
• promoting the development and improvement of attractive, safe and accessible public realm, support services and community infrastructure as part of new development and project delivery.”

This ambition should be linked to a ‘Challenge and Issue’ as other ‘Ambitions’ are.

In accordance with national planning policy, the theme of community safety and crime prevention should be given greater prominence in the ‘Spatial Portrait’, ‘Challenges and Issues’ and Chapter 1 – Sandwell 2041: Spatial Vision, Priorities and Objectives of the draft Reg 19 Sandwell Local Plan consultation, to promote improvements in community safety, reducing crime, fear of crime and anti-social behaviour, which are vital objectives in the
context of creating sustainable communities.

Chapter 3 – Framework Policies

Policy SDS1 ‘Spatial Strategy for Sandwell’

The PCCWM objects to Spatial Strategy (Policy SDS1), which provides the overarching strategy for Sandwell and sets out the broad scale and distribution of new development for the Plan period to 2041, because it fails to clearly specify what is meant by sufficient infrastructure to be delivered to meet identified requirements to ensure that the required levels of development are sustainable and it makes no reference to the requirement for planning proposals to address crime and safety.

The PCCWM works in the community and is a key Council partner and a key stakeholder in the Borough. As the overarching policy, it is of vital importance that Policy SDS1 specifies that development should provide the necessary emergency services infrastructure, and maximise safety, crime prevention and reducing fear of crime.

The PCCWM requests that the policy be amended at 1c) by adding ‘…including police and emergency infrastructure’ and in Part 2 by a new point ‘…ensuring all new development maximises safety, reduces crime and the fear of crime’.

Policy SDS5 ‘Achieving Well-designed Places’

The PCCWM supports Policy SDS5 which states at 9 that “To support the development of safe neighbourhoods, ensure quality of life and community cohesion are not undermined and minimise the fear of crime, the design of new development should create secure and accessible environments where opportunities for crime and disorder are reduced or designed out.” This policy recognises the importance of safety in terms of environmental,
economic and social benefits - at 3.70 “The importance of high-quality design in creating places where people want to live, work and invest with renewed confidence is a fundamental aspect of both national and local policy. Designing high quality places will result in environmental, economic and social benefits, including inter alia a) community safety…” – but this recognition is missing from the overarching policies and vision, as set out above.

Policy SDS6 ‘Cultural Facilities and the Visitor Economy’

The PCCWM supports the wording of the policy and justification to Policy SDS6 - Cultural Facilities and the Visitor Economy, which reflects the representations made to the Sandwell Issues and Options consultation and the Regulation 18 consultation.

Chapter 4 – Sandwell’s Nature and Historic Environment

Policy SNE6 – Canals

The PCCWM supports the inclusion of subclauses 3e. and 3f, further to earlier representations where the PCCWM requested reference to the need to consider crime, antisocial behaviour, and the fear of crime when considering development proposals on the canal network. The success of the policy will to some extent be dependent upon people being and feeling safe and therefore the additional clauses are supported.

Chapter 6 – Health and Wellbeing in Sandwell

Policy SHW1 – Health Impact Assessments and Policy SHW2 Healthcare Infrastructure

The PCCWM supports Policy SHW1 and its objectives, noting the Council’s acknowledgement (in the preamble to polices on health and wellbeing, e.g. paragraph 6.6) of “Providing an environment that contributes to people’s health and wellbeing is a key objective of the Council and its partners in the health, voluntary and related sectors.” and that the proposed Health Impact Assessments (HIA) should address, where relevant, how the proposed development: a) is inclusive, safe, and attractive, with a strong sense of place, encourages social interaction and provides for all age groups and abilities’ (paragraph 6.14).

However, whilst it is also noted that Policy SHW2 – Healthcare Infrastructure requires an assessment of proposals for major residential developments of ten units or more to be assessed against the capacity of existing healthcare facilities and / or services to support that development, the PCCWM objects to the omission of a similar policy requirement for developer contributions to police and emergency infrastructure which is acknowledged in the draft Local Plan has additional demands placed upon it from residential and other development.

Policy SHW2 (and its justification) could be expanded to include the need for other social infrastructure in such instances, for example

‘Policy SHW2 – Healthcare, wellbeing and safety infrastructure…

3. Proposals for major residential developments of ten units or more must be assessed against the capacity of existing healthcare facilities and other services that contribute to community wellbeing and safety such as police and emergency services infrastructure as set out in local development documents. Where the demand generated by the residents of the new development would have unacceptable impacts upon the capacity of these
facilities, developers will be required to contribute to the provision or improvement of such services, in line with the requirements and calculation methods set out in local development documents…

5. In the first instance, infrastructure contributions will be sought to deal with relevant issues on the site or in its immediate vicinity. Where this is not possible, however, any contribution will be used to support offsite provision of healthcare infrastructure and other services that contribute to community wellbeing and safety.’

Policy SHW4 – Open Space and Recreation

The PCCWM supports this policy which requires development proposals to focus on supporting / delivering the following functions of open space in Sandwell, which includes at 8e. increasing surveillance and enhancing public perceptions of safety.

Chapter 7 – Sandwell’s Housing

Policy SH01 – Delivering Sustainable Housing Growth

The PCCWM objects to this policy. In terms of the Housing Allocations referred to in point 2 (and as set out in Appendix B Sandwell Site Allocations – table of ‘Housing Allocations’), while the PCCWM supports the following housing allocations –

See attachment for table

However, whilst both of these sites are marked for housing development on the Reg 19 Sandwell Local Plan Policies Map, neither are indicated for housing development on the Council’s ‘Interactive Map’. The PCCWM objects to these apparent omissions. Furthermore, the anticipated delivery timescales set out in Appendix B ‘Housing Allocations’ table are considered to be too long. Both sites are currently on the market, and it is envisaged that would be able to be completed within 5 years.

The PCCWM objects to the omission of 2no. sites that were submitted through the Council’s Call for Sites at the same time as those that have been allocated and requests their inclusion in the Housing Allocations, particularly considering the Council’s shortfall in housing land.
These are as follows: -
1) Smethwick Police Station, Piddock Road, Smethwick

This site is identified as Site SH65 in Appendices E and H of the Reg 19 Sustainability Appraisal of the draft Sandwell Local Plan. In Appendix H (as shown below), the site is marked as ‘Selected for Housing’ –

In addition, the site is marked for housing development on the Reg 19 Sandwell Local Plan Policies Map (although not on the Council’s ‘Interactive Map’).
Although this omission would appear to be a minor error, and the PCCWM objects to it. Therefore, the PCCWM requests that this site be shown to be allocated for housing development under Policy SHO1and Appendix B to the Reg 19 draft Sandwell Local Plan.

2) Oldbury Police Station, Oldbury Ringway, Oldbury

This 1,000sqm site was submitted to the Council through the Call for Sites process but is not included in the Reg 19 draft Sandwell Local Plan or the Reg 19 Sustainability Appraisal of the draft Sandwell Local Plan. The PCCWM objects to the omission of consideration of this sustainably located, brownfield site is an error that should be corrected.

The details of the site are set out again below: -

See attachment

In terms of the wording of Policy SHO1, whilst point 4 to the policy states that ‘The development of sites for housing should demonstrate a comprehensive approach, making best use of available land and infrastructure and not prejudicing neighbouring uses’ ; and at point 5 that ‘Ancillary uses appropriate for residential areas, such as health facilities, community facilities and local shops, may be acceptable where there is a gap in service provision and where they can be integrated successfully into the residential environment. Other uses will not be acceptable on these sites.’

However, the Policy SHO1 makes no reference of the requirement that in order to sustain the level of growth proposed in the draft Sandwell Local Plan consultation and to meet the national and local policy objectives relating to safety and security, contributions will be required through CIL/ S.106 agreements to help fund the provision and maintenance of Police services to create environments where crime and disorder and the fear of crime do
not undermine the quality of life or social cohesion.

Accordingly, the PCCWM objects to Policy SHO1 as it should include reference for the need for contributions for all social, environmental and physical infrastructure to support sustainable housing growth in accordance with the aspirations of the policy and the plan. Therefore, new development, including all housing sites/ housing allocations, should be subject to CIL/ S.106 agreements as appropriate to help fund the provision and maintenance of Police services, and the requirement for this infrastructure should be enshrined in the wording of Policy SHO1.

Policy SH02 – Windfall Developments

The PCCWM objects to Policy SHO2, as it should include reference for the need for contributions for social, environmental and physical infrastructure to support windfall development. Windfall development, as well as development on larger sites/ allocations, should be subject to CIL/ S.106 agreements to help fund the provision and maintenance of Police services, and the requirement for this infrastructure should be enshrined in the wording of Policy SHO2.

Policy SH07 - Houses in Multiple Occupation

The PCCWM supports the wording of the policy and justification to Policy SHO7, which reflects the representations made to the Sandwell Issues and Options consultation and the Regulation 18 consultation.

The PCCWM supports the specific reference within the policy itself, point 3(e) as follows: - ‘3. Once the current level of HMO provision has been established in a relevant area, the following criteria will be applied to a new proposal: …

e) the development would not give rise to unacceptable adverse cumulative impacts on amenity, character, appearance, security, crime, anti-social behaviour or the fear of crime.’

The PCCWM also fully supports the footnote to this policy (174) which recommends that pre-application and planning application advice is sought for HMO proposals from the West Midlands Police Design Out Crime Officers.

In addition, the PCCWM supports the reference in point 6 of the Policy that states that the policy criteria will also apply to the intensification or expansion of an existing HMO.

The justification to Policy SHO7, paragraph 7.54(g) is also supported by the PCCWM. It explains that harmful impacts associated with high numbers of HMOs can include: ‘…g) increased anti-social behaviour and fear of crime resulting from the lifestyles of some HMO occupants, the transient nature of the accommodation and inadequately designed / maintained properties;’

However, in addition to the support for Policy SHO7, it is noted that the Council acknowledge (para 7.57) that: ‘Whilst this type of accommodation [HMO] can address certain housing needs, HMOs tend to be grouped together in parts of the urban area, becoming the dominant type of housing, which can lead to social and environmental problems for local communities. Alongside this, an over-concentration of HMO properties can lead to a loss of family-sized units. This in turn can lead to a consequential increase in the overall number of units unsuited to family occupation. This can pose a serious issue for
maintaining a mixed sustainable housing offer across the Black Country.’ In light of these concerns, the PCCWM recommends a Borough wide Article 4 Direction be introduced to seek to remove the permitted development right to convert a residential dwelling to a small HMO (providing living accommodation for 3 to 6 unrelated persons), such that planning permission would be required for any proposals, alongside the proposed policy against which all HMO applications, as well as planning applications for large HMO (for which there are no permitted development rights and thereby planning permission is required) will be assessed. This is an approach taken elsewhere, including in neighbouring Birmingham.

An Article 4 Direction regarding permitted development for HMOs, alongside the proposed policies of the Reg 19 draft Sandwell Local Plan would manage the distribution and delivery of HMOs, to reduce the potential harm that arises from the over-concentration and poor quality of HMOs, and the consequential impact this has on crime and disorder and to community safety, and the increased pressure this places on Police resources.

Policy SH09 - Accommodation for Gypsies and Travellers and Travelling Show people

The PCCWM supports the wording of the policy and justification to Policy SHO9, which reflects the representations made to the Sandwell Issues and Options consultation and the Reg 18 consultation

Chapter 9 – Sandwell’s Centres

Policy SCE1 - Sandwell Centres

The PCCWM supports the wording in Policy SCE1 ‘Sandwell’s Centres’ at 6(d), as this reflects the representations made to the Sandwell Issues and Options consultation and the Reg 18 consultation. ‘6. A land use approach will be adopted to encourage regeneration and to meet the challenges facing Sandwell's centres, particularly as little retail capacity has been identified to support additional floorspace, through supporting:

“…d. a variety of facilities, appealing to a wide range of age and social groups, provided in such a way to ensure a safe, accessible and inclusive environment and any anti-social behaviour is discouraged, for example through management, improved lighting and CCTV coverage where appropriate.’

Policy SCE2 - Non-E Class Uses in Town Centres

The PCCWM supports the wording in Policy SCE2 as this reflects the representations made to the Sandwell Issues and Options consultation and the Reg 18 consultation, specifically the addition to the policy of clause 5: ‘5. In all areas of Town Centres, it is important that a variety of facilities, appealing to a wide range of age and social groups, are offered and that these are provided in such a way to ensure a safe, accessible and inclusive environment and any anti-social behaviour is discouraged, for example through management, improved lighting and CCTV coverage where appropriate.’

Policies SCE3, SCE4 and SCE5

The PCCWM supports the inclusion of the following wording in each of these policies – namely ‘In determining planning applications for new development or changes of use in local centres, the Council will consider any issues concerning community safety, crime, and disorder and will, where necessary, seek advice from the police and other safety organisations.’

Comments on Chapter 10 – West Bromwich

Policy SWB2 - Development in West Bromwich

The PCCWM supports the proposed changes to this policy as it does now cross references other relevant policies of note, including those relating to town centres, e.g. Policy SCE1 ‘Sandwell Centres’, and point 4 references the amended Policy SDS5 ‘Achieving Welldesigned Places’

Comments on Chapter 15 – Development Management

Policy SDM1 – Design Quality

The PCCWM supports the wording in Policy SDM1 as it reflects the representations made to the Sandwell Issues and Options consultation and the Reg 18 consultation and now includes the requirement that the need for new development must not cause an adverse impact on the living environment of occupiers of existing residential properties, or unacceptable living conditions for future occupiers of new residential properties, in terms of crime and safety., and at 2d. that “Development proposals must demonstrate that the following guidance has been considered and where appropriate used to inform design and access statements that reflect their Sandwell-specific context:… d. compliance with crime prevention measures, such as Secured by Design and / or Park Mark principles;”

Policy SDM6 – Hot Food Takeaways and SDM7 - Management of Hot Food Takeaways

The PCCWM acknowledges the wording in Policy SDM6 – Hot Food Takeaways. However, whilst associated Policy SDM7 ‘Management of Hot Food Takeaways’ has been amended as requested in the PCCWM’s Regulation 18 consultation response (new clause 9) However, the PCCWM remains of the view that Policies SDM6 and SDM7 should be amalgamated into one policy as the inference is that if a proposal complies with the prescriptive and numerical thresholds under Policy SDM6 it will be acceptable, even though it at may not meet the criteria set out in Policy SDM7 – Management of Hot Food Takeaways – and vice versa. Accordingly, the PCCWM objects on the basis that Policies SDM6 and SDM7 should be amalgamated since it is considered that the criteria in Policy SDM7 to be equally important in the consideration of a planning application for a hot food takeaway, particularly as hot food takeaways are often a flashpoint for violence after pubs and clubs close.

Policy SDM8 - Gambling Activities and Alternative Financial Services

The PCCWM supports Policy SDM8 Gambling Activities and Alternative Financial Services and particularly Point 6 referring to community safety, crime and disorder etc.

Policy SDM9 – Community Facilities

The PCCWM supports the wording in Policy SDM9 ‘Community Facilities’ as new point 7 of the policy reflects the representations made to the Sandwell Issues and Options consultation and the Reg 18 consultation and footnote 281 correctly refers to the definition of community facilities in the NPPF (December 2023) paragraph 97a.

Comments on Chapter 12 - Infrastructure and Delivery

The PCCWM objects to Chapter 12 of the draft Reg 19 Sandwell Local Plan, and specifically Policy SID1 – Infrastructure Provision and Viability Assessments.

This chapter sets out the infrastructure the Council consider is needed to ensure the effective delivery of the proposed scale of the development envisaged. Paragraph 12.1 acknowledges that ‘Ensuring effective delivery of this amount of development [10,434 new houses and 1,221ha of employment land up to 2041] will require strong collaborative working with public, private and third sector partners, involving a robust process of
infrastructure planning and delivery’. However, as with the Reg 18 draft Local Plan, the policies in the Reg 19 draft Local Plan do not reflect police and emergency services provision as infrastructure investment required to support that development.

On behalf of the PCCWM, repeated submissions have been made, setting out in full, the evidenced case for new development to contribute to police infrastructure, in our written submissions to:
• Issues and Options Consultation – letter dated 17 March 2023.
• Infrastructure Delivery Plan (IDP) – letter dated 26 September 2023.
• Preferred Options Consultation – letter dated 15 December 2023.

It is especially disappointing that having been invited to engage fully with ARUP, who assisted the Council in preparing Part 1 of the IDP, which included a meeting with ARUP on 1 September 2023, we were not invited to engage further and not afforded the opportunity to represent the PCCWM in the preparation of Part 2 of the IDP (i.e. the Infrastructure Schedule), within which the only commentary made regarding West Midlands Police reads:
“The response from West Midlands Police to the Regulation 18 Local Plan Consultation reiterated many of the sentiments expressed during engagement from Part 1 of the IDP – highlighting an apparent need for more policing resources and suggesting a formula for calculating developer contributions. However, no specific physical infrastructure has been specified.”

This approach is wholly unsatisfactory and simply ignores the fully evidenced justification provided. Put simply, new development will place a greater strain on the Police and therefore the suggested mitigation is entirely justified.

It is accepted and clear that growth during the plan period will inevitably have implications for the maintenance of safety and security in the Borough and there will clearly be a need for additional and/or enhanced Police infrastructure.

Policy SDS1 ‘Development Strategy’ which provides the overarching spatial strategy for Sandwell, sets out the scale and distribution of new development for the Plan period to 2041 and confirms at point (1) ‘To support the attainment of the Sandwell SLP Vision, drive sustainable and strategic economic and housing growth and meet local aspirations, Sandwell, working with local communities, partners and key stakeholders, will make sure that decisions on planning proposals:…c. ensure that sufficient physical, social, and environmental infrastructure is delivered to meet identified requirements’.

The inclusion of the police and emergency services provision as infrastructure required to support development is compatible with legislation and national planning policy, as follows:

Section 17 of the Crime and Disorder Act 1998 states, ‘Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area’. The PCCWM therefore has a statutory duty to secure the maintenance of an efficient and effective police force for the area. Sandwell Council is also statutorily required to consider crime and disorder and community safety in the exercise of its duties with the aim of achieving a reduction in crime.

The NPPF, December 2023, Paragraph 2 states that the NPPF must be taken into account in preparing the development plan and is a material consideration in planning decisions. Planning policies and decisions must also reflect relevant international obligations and statutory requirements.

Paragraph 7 of the NPPF explains that the purpose of the planning system is to contribute to the achievement of sustainable development and Paragraph 8 confirms that achieving sustainable development means that the planning system has three overarching objectives: an economic, a social and an environmental objective. These objectives include supporting strong, vibrant and healthy communities by ensuring that a sufficient number and range of
homes can be provided to meet the needs of present and future generations; and by fostering a well-designed and safe built environment.

Paragraph 20 of the NPPF includes, inter alia, a requirement for policies to deliver sufficient provision for infrastructure, including those related to security, with paragraphs 16 and 26 indicating that this could be delivered through joint working with all partners concerned with new development proposals.
Section 8 of the NPPF ‘Promoting health and safe communities’, Paragraph 96, identifies that planning policies and decisions should aim to achieve healthy, inclusive and safe places which are safe and accessible, so that crime and disorder and the fear of crime, do not undermine the quality of life or community cohesion.

Paragraph 135 (f) of the NPPF calls for the creation of safe places where, inter alia, crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion and resilience.

Annex 2 (NPPF) identifies the police as ‘Essential local workers’, defined as ‘Public sector employees who provide frontline services in areas including health, education and community safety – such as NHS staff, teachers, police, firefighters and military personnel, social care and childcare workers.

It is also especially noteworthy that Part 10A Infrastructure Levy: England of the Levelling Up and Regeneration Act 2023 (LURA) confirms at Section 204N (3) relating to Infrastructure Levy regulations that ‘infrastructure’ includes ‘(h) facilities and equipment for emergency and rescue services. Whilst the LURA appears unlikely to advance in the same manner as was envisaged by the previous Government, there is a clear recognition that infrastructure
for the emergency services, which would obviously include Police, should be recognised. It is also particularly noteworthy that given the comments made by ARUP at Part 2 of the Infrastructure Delivery Plan (as referred to above), such infrastructure would include both facilities AND equipment.

It should also be noted that it is the case that increases in local population and the number of households do not directly lead to an increase in funding for WMP from Central Government. It is therefore necessary to secure CIL and/or S.106 contributions for infrastructure due to the direct link between the increased demand for police services and changes in the physical environment due to new housing and economic growth, which have permanent impacts on future policing and demands upon WMP. Securing contributions towards policing enables the same level of service to be provided to residents of new developments, without compromising the existing level of service for existing communities and frontline services. Put simply, the consequence of no additional funding is that existing infrastructure will become severely stretched and thereby have a severe adverse impact on
the quality of the service that WMP are able to deliver.

The High Court judgement of Mr Justice Foskett in The Queen and Blaby DC and Others [2014] EWHC 1719 (Admin) at Appendix 1 is a clear example of the case for S106/CIL contributions towards Police infrastructure. In that case, a development of 4,250 dwellings, community and retail development, schools and leisure facilities was proposed, the judgement reads:

‘It is obvious that a development of the nature described would place additional and increased burdens on local health, education and other services including the police force.’ (Para 11).

The judgement goes on to comment that:

‘Those who, in due course, purchase properties on this development, who bring up children there and who wish to go about their daily life in a safe environment, will want to know that the police service can operate efficiently and effectively in the area. That would plainly be the “consumer view” of the issue.’ (Para 61).

‘I am inclined to the view that if a survey of local opinion was taken, concerns would be expressed if it were thought that the developers were not going to provide the police with a sufficient contribution to its funding requirements to meet the demands of policing the new area.’ (Para 62).

To ensure that levels of service can be maintained for both existing and future residents in the wider Sandwell Borough area, developer contributions through the mechanism of CIL and/or S.106 Obligations for Police infrastructure are considered essential.

It is the case that, Planning and S78 Appeal decisions (Appendix 2) have long recognised that the infrastructure requirements of the Police are perfectly eligible for consideration and can be allocated financial contributions through S106 Obligations which accompany qualifying planning permissions for major development (residential and commercial alike), with the Planning Inspector in PINS appeal reference APP/X2410/A12/2173673) stating that:

‘Adequate policing is so fundamental to the concept of sustainable communities that I can see no reason, in principle, why it should be excluded from purview of S106 financial contributions…’

To achieve sustainable development, as required by the NPPF and PPG, the necessary supporting infrastructure must be identified through proactive engagement between the Council and the infrastructure providers, including the WMP. Infrastructure needs and costs arising as a result of the proposed growth in the draft Sandwell Local Plan should be included in the Infrastructure Delivery Plan (IDP) – and representations have already been
made by the PCCWM in this regard - and Viability and Delivery Study and specific 20/22 requirements should be clearly set out in the individual site allocation policies and/or accompanying masterplans, Area Action Plans (AAPs) or Supplementary Planning Documents (SPDs), to ensure that developers are aware of their obligations at the outset. In addition, as the primary document for planning decisions, the draft Sandwell Local Plan must also address the need for sustainable safe developments supported by essential infrastructure including Police infrastructure.

There also needs to be wording in relevant policies to require this, to ensure that developers are aware of the importance attached to issues of crime and
safety by Sandwell MBC, as well as the need to maintain an appropriate level of community infrastructure and Emergency Services infrastructure.
The definition and support for infrastructure should be explicitly set out in the draft Local Plan, to meet national and local policy objectives relating to safety and security, and it should be clearly set out that contributions will be required through CIL/ S.106 agreements to help fund the provision and maintenance of facilities and equipment for Police services, in order to sustain the level of growth proposed in the draft Local Plan.

There are numerous examples of adopted planning policies in Local Plans which have been found sound after examination, which specifically refer to police infrastructure provision and contributions.

At the time of the Police’s representations to the Draft Black Country Plan Consultation (Regulation 18), it was noted that there was inclusion in the Viability and Delivery Study of an indicative contribution of £43.00 per dwelling towards the funding gap in Police infrastructure from the need for additional services arising directly from the proposed scale of growth. This was welcomed and the need for financial contributions in the form of
CIL/S106 needs to be taken forward into policy, as well as the contribution figure needing to be increased/ linked to inflation.

Harm will result if West Midlands Police do not have the necessary funding to maintain an appropriate level of service for existing and for future residents, work and visitors within Sandwell (and surrounding areas) and therefore it is imperative that the draft Sandwell Local Plan addresses the need for sustainable safe developments supported by essential infrastructure.

The accompanying Infrastructure Delivery Plan (IDP) should be regarded as integral to the local plan process with a commitment given to ensuring that it is maintained as a ‘live document’ throughout the plan period.

As with many publicly funded services, Police forces within England have seen significant reductions in resources since 2010 due to reduced budgets. During this period, WMP has seen real terms funding reductions of in excess around 22% before taking into account the police officer uplift programme. As a result, the PCCWM has adopted a continuing programme of budgetary reductions, which in turn has had implications for operational pressures, against a backdrop of continued development (and in particular housing) growth within the WMP Force area.

Changes in general population do not increase the overall funding made available to WMP through Central Government grant. Even if there were to be an increase in funding because of development growth, such funding would be fully utilised in contributing to additional salary, revenue and maintenance costs (i.e. not capital costs). That being the case, such funding would not be available to fund the infrastructure costs that are essential to support
significant new development growth during the Plan Period.

Full details of Police funding requirements are set out in the previous PCCWM representations (Appendix 3), as reported in the Sandwell Infrastructure Delivery Plan Part

1: Infrastructure Needs Assessment, November 2023. These funding requirements have since been updated to reflect the latest full year (2023) statistics (Appendix 4). It should be noted that these latest figures supersede all previous versions, including the aforementioned indicative contribution provided during the Black Country Plan Consultation.

In order to meet the national policy objectives of ensuring safety, reducing crime and the fear of crime, it is vital that the Police are not under-resourced or deprived of legitimate sources of funding. The aim is to deploy additional staffing and additional infrastructure to cover the demand from new development at the same level as the policing delivered to existing households. Hence, additional development would generate a requirement for additional staff and additional personal equipment (such as workstations, radios, protective clothing, uniforms and bespoke training), police vehicles of varying types and functions.

If additional policing infrastructure is not provided, future growth in Sandwell will seriously impact on the ability of the Police to provide a safe and appropriate level of service and to respond to the needs of the local community. That outcome would be contrary to national policy.

Without this, the PCCWM objects to the Regulation 19 draft Sandwell Local Plan. As the statutory Development Plan, it is the purpose of the draft Sandwell Local Plan to confirm the types of infrastructure which will be required to provide sustainable development in the Borough during the plan period and a new policy should be drafted accordingly.

Comments on the Glossary

The PCCWM supports the inclusion of a definition of Secured by Design and Park Mark in the Glossary.

The PCCWM would be grateful if you could reflect on the objections set out in these representations prior to submission of the local plan. Without their inclusion the PCCWM considers the plan would not be sound nor fully reflect national planning policy.

It is noted that SHW4 includes wording that states that where the required provision of open space on-site would make the development unviable or where there is no physical capacity to include it, the Council will accept a commuted sum for nearby off-site provision in lieu, or for the improvement of existing facilities within walking distance. Whilst acknowledgement is welcomed that some sites may not be able to physically provide a policy compliant level of onsite open space, the requirement for a financial contribution towards off-site site provision should also be subject to a viability test

Additionally, the ratio of 3.63 hectares of space per 1,000 population, set out in the policy needs to be supported by clear evidence. The Draft Green Spaces Strategy Implementation and Business Plan 22/23 – 25/26 notes that ‘Sandwell Borough has significant amounts of green space, which make up nearly 24% of the total land area’ (paragraph 3.3). As such there should be scope for flexibility to ensure that residential schemes can come forward with a flexible approach to open space provision when required.

Policy SHW4 is not considered to be sound, in accordance with paragraph 35 of the NPPF, as its requirements are not justified by appropriate evidence and the current wording is not effective in relation to enabling the deliverability of future sustainable development.

Part 2 of Policy SHW4 states that on new housing sites of 2ha or over, new unrestricted open space at a minimum ratio of 3.63 hectares of space per 1,000 population will be required, and that the open space will be provided on site.

It is agreed that new developments should have access to sufficient open space to serve the needs of its future residents. Such open space could be provided on site or in the surrounding area. The amount and type of additional open space required should also be related on to the provision and quality of existing open space near to the site. However, it is highlighted that, due to the constrained urban nature of Sandwell, flexibility will be required in relation to the provision of open space within new developments. The pressing need for new homes will have to be balanced against the amount of open space required for such development. The quality of open space, as opposed to simply the quantity, should be a key factor when considering proposals for new housing development. As such, whilst FCC Environment acknowledges the importance of providing open space for the residents of Sandwell, numerical standards should not be set in policy without the policy wording containing sufficient flexibility to take into account the specific characteristics of individual sites and schemes.

It is noted that SHW4 includes wording that states that where the required provision of open space on-site would make the development unviable or where there is no physical capacity to include it, the Council will accept a commuted sum for nearby off-site provision in lieu, or for the improvement of existing facilities within walking distance. Whilst acknowledgement is welcomed that some sites may not be able to physically provide a policy compliant level of onsite open space, the requirement for a financial contribution towards off-site site provision should also be subject to a viability test

Additionally, the ratio of 3.63 hectares of space per 1,000 population, set out in the policy needs to be supported by clear evidence. The Draft Green Spaces Strategy Implementation and Business Plan 22/23 – 25/26 notes that ‘Sandwell Borough has significant amounts of green space, which make up nearly 24% of the total land area’ (paragraph 3.3). As such there should be scope for flexibility to ensure that residential schemes can come forward with a flexible approach to open space provision when required.

We are pleased that the Plan includes the natural environment in its long-term vision and objectives for the plan area. These are based on local characteristics and circumstances and include locally specific goals for nature recovery and enhancement, supported by policies and proposals in the plan.

We consider that as an overall strategy to guide development and allocate land the Plan should:
• Conserve and enhance the natural environment, including landscapes and green infrastructure (GI)
• make as much use as possible of previously developed or ‘brownfield’ land
• allocate land with the least environmental or amenity value.

Natural England strongly supports a number of your plans’ priorities, strategic objectives and policies including:

Objective 1: Ensure new development takes a proactive approach to climate change mitigation, adaptation and carbon reduction, and that development is resilient to climate change.

Objective 2: Deliver sustainable development in locations where people can access jobs and services, delivering wider positive social and economic outcomes and protecting and enhancing local built and natural environments.
Objective 3: To protect and enhance Sandwell’s natural environment, natural resources, biodiversity, wildlife corridors, geological resources, countryside and landscapes, whilst ensuring that residents have equitable access to interlinked green infrastructure.

Objective 10: To provide a built and natural environment that supports the making of healthier choices through provision for physical activity and recreation, active travel, encouraging social interaction and discouraging harmful behaviours.
Objective 11: To ensure new development and open spaces support health and wellbeing for all, reduce health inequalities and encourage active and healthy lifestyles.

Objective 12: To provide a built and natural environment that protects health and wellbeing through minimising pollution (air, noise and other forms), providing healthy homes, reducing the negative health effects of climate change and providing streets safe for active, low emission travel for all.
Objective 14: To encourage the effective and prudent use of previously developed land, including the efficient use of land and buildings and the use of sustainable and climate-aware construction techniques within new developments, as well as providing for waste management and disposal.

Objective 16: To prioritise sustainable and active travel and seek to improve transport infrastructure, to ensure efficient and sustainable accessibility within an integrated network.
Objective 18: To ensure development is supported by essential infrastructure and services and promotes safe movement and more sustainable modes of travel, through promoting greener travel networks for walking, cycling and public transport.

Spatial Strategy
We note that your authority has identified a need for 26,350 homes by 2041 and has a suitable supply of land for 10,434 with 15,916 homes unmet. We note your Duty to Co-Operate discussions have yielded an additional contribution to the Greater Birmingham and Black Country Housing Market of 4,240 of which none are currently apportioned to Sandwell. This leaves a significant remaining shortfall. There is the potential for this development to come forward in other authorities which may have knock effects on important environmental assets in those areas. As we previously

mentioned in relation to your HRA this could have impacts on sites such as Cannock Chase. A similar issue exists in relation to employment use.
Natural England is pleased to note that the Plan aims to address:
• nature conservation
• nature recovery network and biodiversity net gain
• provision, retention and protection of trees, woodlands and hedgerows
• historic character and local distinctiveness of the Black Country
• geodiversity and the Black Country UNESCO Global Geopark
• canals
• green belt
Natural England supports the desire to prevent the loss of open and green spaces across the
district. We understand that will mean development elsewhere contributing to Sandwell’s needs but believe in the importance of access to green infrastructure and open space.
Natural England largely supports the Balanced Green Growth approach (2.29 and 2.30) Policy SDS1 – Spatial Strategy for Sandwell
Natural England supports the parts of this policy which requires new development to address access to green space including,

• increased access to green spaces;
• active and passive recreation;
• active travel; opportunities for people to make healthier choices.
• minimise and mitigate the likely effects of climate change, recognising the multifunctional benefits that open spaces, landscaping, trees, nature conservation habitats and both green and blue infrastructure can deliver in doing so;
• create new public open spaces to serve new housing developments
• protect and improve parks, woodland and tree planting, open spaces, landscapes and habitats across the borough;
• protect the openness, integrity and function of Sandwell's designated green belt by resisting inappropriate development in it;
• protect habitats and areas of ecological value;, and
• protect areas with geological and landscape value; Policy SDS2 – Increasing efficiency and resilience
Natural England supports this policy which should contribute to climate change mitigation and adaptation

Policy SDS3 – Regeneration in Sandwell

Natural England supports the desire to provide new green links squares and parks as part of the West Bromwich regeneration and the use of Garden City principles for the regeneration of Dudley Port.

Policy SDS4 – Towns and Local Areas
Natural England strongly supports the desire for an integrated and where possible, an integrated continuous network of green infrastructure and walking and cycling routes.
Policy SDS5 - Achieving Well-designed Places – Natural England supports this policy, especially with regard to the integrated and well-connected multifunctional open space network will be pursued throughout Sandwell (linking to opportunities in the wider Black Country where possible), including through the design and layout of new developments. You may wish to consider the linkages beyond the wider Black Country and consider Birmingham, Staffordshire and the wider countryside

additionally.

Policy SDS8 - Green and Blue Infrastructure in Sandwell

Natural England strongly supports the desire to incorporate multi-functional green and blue and blue infrastructure. We are pleased to see that your authority has incorporated Natural England’s guidance on the delivery of green infrastructure.

Policy SNE1 Nature Conservation

4.1 The protection and improvement of Sandwell's biodiversity and geodiversity will safeguard and improve the environmental attractiveness and value of the borough for residents and visitors. At the same time, this approach will also enhance the physical and natural sustainability of communities within the conurbation in the face of climate change. Doing so will directly contribute to delivering Strategic Objective 11, which is also associated with supporting the physical and mental wellbeing of residents.

Policy SNE1 – Nature Conservation

Natural England supports all aspects of this policy. We are pleased to see the recognition of Sandwell as an important place within Britain and the Birmingham and Black Country conurbation for species movements.

We are pleased to see reference to Local Nature Recovery Strategies (LNRS). Natural England is already working with your authority on an LNRS for the West Midlands and look forward to continuing to do so. We are also pleased to see the amount of work you have undertaken with regard to Biodiversity Net Gain including potential sites for habitat creation.

Policy SNE3 – Provision, Retention and Protection of Trees, Woodlands and Hedgerows

Natural England is pleased to see this policy incorporated into your plan. We welcome the element of habitat creation and the recognition that trees can have to climate change mitigation and air quality issues.

Policy SNE4 – Geodiversity and the Black Country UNESCO Global Geopark

Natural England is pleased to that your authority has recognised the importance of geodiversity and the Black Country’s important role in it

Policy SHW3 Air Quality

Natural England supports elements of this policy, especially with regard to the integration of walking, cycling and public transport provision and the provision and protection of green and open space and additional tree cover.

Policy SHW4 – Open Space and Recreation

Natural England strongly supports this policy.