Sport England supports Ambitions 2, 4, 8 where they relate to protecting, enhancing and providing places and spaces for the local communities across Sandwell to play sport and be physically active, as this is proven to enrich peoples lives and benefit their physical and mental health and well-being.

Sport England supports the Vision set out in para 1.4, particularly the references in para 7 to enjoying longer and healthier lives through a range of interventions including promoting active recreation.

Sport England supports Objectives 10-12 under the priority of improving the health and well-being of residents and promoting social inclusion. We also support the objectives relating to good design (13), active travel (16) which relate well to our Active Environments Big Issue as set out in our strategy (Uniting the Movement) and to our Active Design guidance. We support objective 18 which relates to meeting infrastructure needs for active travel.

1.0 Introduction
1.1 Maddox Planning has prepared these representations for Vulcan Property II Limited (Vulcan), in respect of the Sandwell Local Plan 2022-2041 upon which consultation is running until 18 December 2023.

1.2 These representations address the policies and supporting text of the draft Sandwell Local Plan (Regulation 18 stage). The representations are submitted in context with Vulcan land interests at Brades Road, Oldbury. The Vulcan site is included within the Sandwell Local Plan as a proposed residential development allocation (site ref: SH38) following it being put forward as part of an earlier call for sites.

1.3 The call for sites submission of March 2023 is attached at Appendix 1.

1.4 Paragraph 15 of The Framework (2023), states that the planning system should be genuine plan-led. Succinct and up-to-date plans should provide a positive vision for the future of each area; a framework for addressing housing needs and other economic, social and environmental priorities; and a platform for local people to shape their surroundings

1.5 It is a statutory requirement that a body preparing a development plan publishes its draft development plan document for consultation ahead of submitting that document for independent examination; an examination to assess whether it is sound and legally compliant, alongside whether other statutory requirements are satisfied1. In preparing a development plan document, the body preparing that document must have regard to a number of matters including national policies and advice contained in guidance issued by the Secretary of State2.

1.6 Paragraph 16 of the Framework (2023), sets out that a plan should:

a) be prepared with the objective of contributing to the achievement of sustainable development3;
b) be prepared positively, in a way that is aspirational but deliverable;
c) be shaped by early, proportionate and effective engagement between planmakers and communities, local organisations, businesses, infrastructure providers and operators and statutory consultees;
d) contain policies that are clearly written and unambiguous, so it is evident how a decision maker should react to development proposals;
e) be accessible through the use of digital tools to assist public involvement and policy presentation; and
f) serve a clear purpose, avoiding unnecessary duplication of policies that apply to a particular area (including policies in this Framework, where relevant).

1.7 Paragraph 11 of the Framework (2023) sets out the Government presumption in favour of sustainable development. It states that for plan making this means that:

a) all plans should promote a sustainable pattern of development that seeks to: meet the development needs of their area; align growth and infrastructure; improve the environment; mitigate climate change (including by making effective use of land in urban areas) and adapt to its effects;
b) strategic policies should, as a minimum, provide for objectively assessed needs for housing and other uses, as well as any needs that cannot be met within neighbouring areas4, unless:
i. the application of policies in this Framework that protect areas or assets of particular importance provides a strong reason for restricting the overall scale, type or distribution of development in
the plan area5; or

1 Section 20(5) of the Planning and Compulsory Purchase Act 2004
2 Section 19(2) of the Planning and Compulsory Purchase Act 2004
3 This is a legal requirement of local planning authorities exercising their plan-making functions (section 39(2) of the Planning and Compulsory Purchase Act 2004)
4 As established through statements of common ground (National Planning Policy Framework September 2023, paragraph 27)
5 The policies referred to are those in this Framework (rather than those in development plans) relating to: habitats sites (and those sites listed in paragraph 181) and/or designated as Sites of Special Scientific Interest; land designated as Green Belt, Local Green Space, an Area of Outstanding Natural Beauty, a National Park (or within the Broads Authority) or defined as Heritage Coast; irreplaceable habitats; designated heritage assets (and other heritage assets of archaeological interest referred to in footnote 68); and areas at risk of flooding or coastal change

ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.


2.0 Plan: Sandwell 2041: Spatial Vision, Priorities and Objectives
2.1 Table 3 of the Sandwell Local Plan sets out priorities, strategic objectives and policies across 16 objectives. Strategic priorities should acknowledge that a function of a development plan is to identify the most appropriate land uses for particular locations and allocate sites accordingly, on the basis of assessed need for new homes and commercial floorspace. The identification of sites proposed for development should have regard to the vision and objectives of a plan, in this instance the strategic priorities and objectives of the draft Sandwell Local Plan, taking account of national policy and guidance and other material considerations and the need to minimise the impact of climate change whilst adapting to its effects and mitigating its current and potential future impacts.

2.2 Objective 6 as part of the Housing that meets all our needs priority, seeks to address Sandwell’s identified and wide-ranging housing need by supporting the provision of high-quality new homes with a wide mix of housing types and tenure that: meet the needs of current and future residents; provide sufficient internal and external space; and support climate change adaption through good design. Objective 6 needs to be explicit that for the achievement of this objective clear housing requirements needs to be articulated, to set a baseline for the housing need that it is planned to be met over the plan period.

2.3 The local authority should have a clear understanding of the land available within their area through the preparation of a strategic housing land availability assessment. Planning policies should then identify a sufficient supple and mix of sites, considering their availability, suitability, and likely economic viability. Objective 6 should explicitly commit to meeting this obligation of identifying sufficient land for homes.

2.4 Objective 7 of the Housing that meets all our needs priority, is to ensure that communities in Sandwell are safe and resilient. This objective is supported.


3.0 Plan: Spatial Strategy
Policy SDS1: Development Strategy

3.1 Policy SDS1 of the Draft Sandwell Local Plan states that at least 11,167 net new homes are to be delivered over the plan period, creating sustainable mixed communities that are supported by adequate infrastructure over the plan period from 2022-2041. The stated annual requirement for Sandwell is 1,567 based on the standard methodology (2022 workplace-based ratio), as detailed in the Sandwell Strategic Housing Land Availability Assessment (SHLAA) published in October 2023. Over the 19-year plan period this projects a total housing requirement of 29,773. The Sandwell Local Plan therefore reflects a deficit level of provision of 18,606 homes over the plan period. Policy SDS1 should be clear on how the projected provision for net additional homes is arrived at, and what provisions will be taken to ensure that delivery matches projected requirements.

Policy SDS2: Regeneration in Sandwell

3.2 Regeneration Areas as set out within policy SDS2 are the stated focus for new development, regeneration and public and the encouragement of private investment. Subsection 3(e) states that at least 2,581 new homes of mixed type and tenure are to be delivered in the regeneration areas; in sustainable locations well- supported by community services. Sandwell currently has a significant shortfall in housing delivery against Government requirements. It is highly likely that a component of any solution addressing the current housing shortfall will be higher density residential development on brownfield land included within in the identified Regeneration Areas.

Policy SDS4: Achieving Well-Designed Places

3.3 The Sandwell Local Plan discusses that well-designed places should accord with the latest National Planning Guidance and other material considerations. Point 9 of the policy states that a design code will be produced for Sandwell which shall reflect local character and design preferences, providing a framework for creating high-quality places. This approach is supported and in accordance with National Design Guide and National Model Design Code, provided that it incorporates the requisite flexibility necessary to address local market conditions and the impact that these have on development values.


4.0 Plan: Sandwell’s Natural and Historic Environment
Policy SNE2: Protection of Enhancement of Wildlife Habitats

4.1 Paragraph 8 (c) of the Framework refers to improving biodiversity and paragraph 174 (d) to providing net gains for biodiversity. Draft policy SNE2(1) states that

‘All development proposals in Sandwell shall deliver a minimum 10% net gain in biodiversity value when measured against baseline site information. Where achievable, a higher net gain may be agreed. Losses and gains will be calculated using the extant national Biodiversity Metric…’

4.2 Vulcan agrees with policy SNE2 and reflecting the forthcoming mandatory requirement for a minimum 10% biodiversity net gain across all major development.

Policy SNE1: Provision, Retention and Protection of Trees

4.3 Policy SNE1 (11) includes a blanket statement that

‘Development should be designed around the need to incorporate trees already present on site, using sensitive and well-designed site layouts to maximise their retention’.

There should be acknowledgement that there will not be the justification for the retention of some trees, particularly in the context of poor specimens and wider development benefit. The policy text should be consistent with the Framework (2023), which says planning policies should ensure ‘…that existing trees are retained wherever possible’ (paragraph 131).

4.4 The policy also sets out at SNE1 (9) that

‘…tree planting on new development sites should make a minimum contribution of 20% canopy cover and a recommended contribution of 30% canopy cover across the site, especially in areas where evidence demonstrates that current levels of canopy cover are lower than the local average.’

It is noted that this is based upon the Emergency Tree Plan for the UK – The Woodland Trust 2020 but there is no basis in the Framework (2023) or Planning Practice Guidance for the introduction of blanket thresholds for canopy cover.

The same observation is made in respect of SNE1 (18) and its requirement that

‘…removal of trees, suitable replacement trees must be provided onsite. Where sufficient suitable onsite replacements cannot be provided, off-site planting or woodland enhancement, including support for natural regeneration, in the near vicinity of the removed tree(s) must be provided, in line with the mitigation hierarchy set out in Policy SNE2.’

The requirement for replacement trees and the number to be provided should be the subject of site-by-site assessments, alongside a measured consideration of biodiversity net gain.

Policy SNE6: Canals

4.5 Policy SNE7 is positively written, and Vulcan supports the reference to the canal network being a focus for future development through its ability to deliver a high-quality environment and enhanced accessibility for pedestrians, cyclists, and other non-car-based modes of transport.

4.6 Policy SNE6(d) refers to development proposals
‘…promoting high quality design, including active frontages onto the canal and improving the public realm...’.
The policy should acknowledge that such aspirations should be pursued where possible. Canalside development also offers the potential for waterfront views particularly from residential properties, and this should be stated in the context of seeking to achieve high-quality urban design and cross- referencing urban design policies.


5.0 Plan: Climate Change
Policy SCC1: Increasing efficiency and resilience

5.1 The Framework sets outs clear guidance on planning for climate change:

‘Plans should take a proactive approach to mitigating and adapting to climate change, taking into account the long-term implications for flood risk, coastal change, water supply, biodiversity and landscapes, and the risk of overheating from rising temperature’6.

5.2 It continues that development plan policies should support appropriate measures to ensure the future resilience of communities and infrastructure to climate change impacts, such as providing space for physical protection measures, or making provision for the possible future relocation of vulnerable development and infrastructure. New development should be planned for in a way that avoids increased vulnerability, manages risks and makes best user of location, orientation and design. There is support for the use and supply of low carbon energy, including community-led initiatives.

5.3 Paragraph 157 of the Framework sets out that local planning authorities should expect new development to comply with any development plan policy on decentralised energy supplies, and take account of landform, layout, building orientation, massing and landscaping to minimise energy consumption

5.4 Paragraph 16 of the Framework is clear that development plans should contain policies that are clearly written and unambiguous, so it is evident how a decision maker should react to development proposals.

5.5 To provide clarity for applicants, draft policy CC1 should include assessment criteria against which the local planning authority can determine whether a development compliant with its climate change and energy policies in the context of local requirements and site-specific circumstances.

5.6 Whilst the sentiment of maximising opportunity and minimising impact where possible is in the spirit of the guidance provided by the Framework, it does not make for a development plan policy that is easily applied to individual development proposals. The policy is arguably not sound in the absence of prescriptive, unambiguous assessment criteria.

Policy SCC2: Energy Infrastructure

5.6 Draft policy SCC2 sets out that:

‘Any development including ten homes or more, or non-residential floorspace of 1,000m2 or more must include opportunities for decentralised energy provision within the site, unless it can be demonstrated that the development is not suitable, feasible or viable for district heat or decentralised energy networks.’

5.7 Paragraph 16 of the Framework (2023) is clear that development plans should contain policies that are clearly written and unambiguous. Draft policy SCC2 is not clear in respect of on what grounds applicants will be able to demonstrate that development is not suitable, feasible or viable for district heat or decentralised power networks. Draft policy SCC2 needs to provide clear direction in this regard. It is also without justification why the threshold for compliance is ten units/1,000 sq. m and why there are no further thresholds at greater unit numbers/floorspace, which would allow for proportionate consideration of proposals relative to scale. The draft policy should be revised to remove ambiguity and introduce additional trigger thresholds to ensure that it is sound in the context of being clear and positively prepared.

6 National Planning Policy Framework, September 2023 – paragraph 153

Policy SSC3: Managing Heat Risk

5.8 Draft policy SCC2 (Energy Infrastructure) sets minimum thresholds for development proposals to which the policy applies. Policy SSC3 is drafted such that it applies to all development proposals without distinction. Whilst all development proposals can be subject to design materials choices in the context of managing heat risk, it is potentially only on larger development sites where there is the potential for layout and orientation choices to have a nearing on heat risk. Similarly, the cooling hierarchy set out in the draft policy is not necessarily appropriate or applicable to all development proposals.

5.9 Paragraph 16 of the Framework (2023) is clear that development plans should contain policies that are clearly written and unambiguous. Draft policy SCC3 should be revised such that it is clear for which size/scale of development the draft policy can be reasonably applied and include a clear indication of on what grounds applicants will be able to demonstrate that expectations cannot be viably or reasonably met, including in context with the cooling hierarchy. Added clarification is necessary to ensure that the draft policy is sound in the context of it being clear, positively prepared and fit for purpose in seeking to managing in the most effective way heat risk from new development.

Policy SCC4: Flood Risk

5.10 Draft policy SCC4 (13) should be clear on what basis the proposed distance limitations on development that is proximate to an ordinary watercourse are derived. It should also include detailed justification for the proposed limitations, and how the policy text as drafted relates to any local byelaws set under the Land Drainage Act 1991.

Policy SCC5: Sustainable drainage and surface water management (SuDs)

5.11 Paragraph 169 of the Framework states that:

‘Major developments should incorporate sustainable drainage systems unless there is clear evidence that this would be inappropriate’. The draft text to Policy SCC5 states that ‘All new developments should incorporate SuDS and all development proposals should provide details of adoption, ongoing maintenance, and management of SuDS’.

The proposed policy SCC5 requirement that all new development incorporate SuDS is inconsistent with the Framework and should be amended to meet the test of soundness.

Paragraph 167(c) of the Framework (2023) states the requirement for development proposed in an area at risk of flooding incorporate sustainable drainage systems is also subject to a caveat ‘…unless there is clear evidence that this would be inappropriate’. This should be reflected in the draft development plan policy.

Policy SCC6: Renewable and Low Carbon Energy and BREEAM Standards

The supporting text to draft policy SSC6 (paragraph 5.59) discusses the requirement that major
5.12 developments achieve a 31% carbon reduction improvement upon the Part L requirement of The Building Regulations 2010 (as amended).

5.13 The supporting text (paragraph 5.62) also includes the caveat, in respect of all new development contributing towards renewable and low carbon energy generation, that it is not practical to provide more than 20% renewable energy generation within a new development.

6.0 Plan: Health and Wellbeing in Sandwell
Policy SHW3: Air Quality

6.1 Paragraph 186 of the Framework (2023) sets out that planning policies should sustain and contribute towards compliance with relevant limit values or national objectives for pollutants, taking in account the presence of Air Quality Management Areas and Clear Air Zones, and the cumulative impacts form individual sites in local areas. Planning policies and decisions should ensure that new development can be integrated effectively with existing businesses and community facilities. Paragraph 188 of the Framework (2023) is clear that the focus of planning policies and decisions should be on whether proposed development is an acceptable use of land, rather than control of processes or emissions (where these are subject to separate pollution control regimes).

6.2 Policy SHW3 includes a blanket statement that new development must be at least air quality neutral. This element of the draft policy does not reflect the Framework or the Planning Practice Guidance, in its blanket approach. The PPG sets out that plans may need to consider:

- what are the observed trends shown by recent air quality monitoring data and what would happen to these trends in light of proposed development and / or allocations;
- the impact of point sources of air pollution (pollution that originates from one place);
- the potential cumulative impact of a number of smaller developments on air quality as well as the effect of more substantial developments, including their implications for vehicle emissions;
- ways in which new development could be made appropriate in locations where air quality is or is likely to be a concern, and not give rise to unacceptable risks from pollution. This could, for example, entail identifying measures for offsetting the impact on air quality arising from new development including supporting measures in an air quality action plan or low emissions strategy where applicable; and
- opportunities to improve air quality or mitigate impacts, such as through traffic and travel management and green infrastructure provision and enhancement7.

6.3 The PPG continues to explain that the test is the impact of proposed development and potential impact on future occupants:

- whether the proposed development could significantly change air quality during the construction and operational phases (and the consequences of this for public health and biodiversity); and whether occupiers or users of the development could experience poor living conditions or health due to poor air quality8.
6.4 A requirement for development being air quality neutral is justified where there are sensitive receptors such that anything other than air quality neutral would be unacceptable or a proposed development would otherwise lead to a deterioration in existing poor air quality. For the policy to pass the test of soundness it should add criteria into its air quality neutral requirement, to set out on what basis such an expectation is justified and how an applicant might demonstrate the acceptability of a development ion circumstances where such a requirement is justified.
Policy SHW4: Open Space and Recreation

6.5 Policy SHW4 states that:

7 Paragraph: 002 Reference ID: 32-002-20191101- Revision date: 01 11 2019
8 Paragraph: 005 Reference ID: 32-005-20191101 - Revision date: 01 11 2019

‘All new housing sites providing over ten units will be expected to contribute towards the provision of unrestricted open space, in line with the standards set out in Appendix K. Where such provision on- site would make a site unviable or where there is no physical capacity to include it, the Council will in exceptional circumstances accept a commuted sum for nearby off-site provision in lieu or for the improvement of existing facilities within walking distance.’

6.6 The policy is rightly targeted at major development proposals but fails to acknowledge that the expectation of contribution to unrestricted open space should be based upon whether there is a demonstrable shortfall locally of unrestricted open space.


7.0 Plan: Sandwell’s Housing
Policy SHO1: Delivering Sustainable Housing Growth

7.1 Policy SHO1 discussed that the Sandwell Local Plan will deliver at least 11,167 net new homes over the period 2022-2041.

7.2 Table 5 discusses the Housing Land Supply for the brough setting out the minimum housing target of the plan period and the key sources of housing land supply. The total from identified sites is 9,080, with the remainder a windfall allowance.

7.3 Policy SHO1 should be clear on how the quoted requirement of net additional homes is arrived at.

Policy SHO3: Housing Density, Type and Accessibility

7.3 Point 4 of policy SHO3 details the appropriate density and where appropriate house type mix, to be sought on each housing allocation site in accordance with minimum densities set out within table 6.

7.4 Policy SHO3 then goes on to discuss that achieving an appropriate density of house type mix is crucial to both the success of each new housing development and the sustainability of the area. This is also in accordance with the Sandwell spatial strategy and national planning guidance which states that housing mix and tenure will reflect local needs.

7.5 Table 7 of policy SHO3 states the New Housing Type and Tenure in Sandwell. Point 7.22 states that

‘‘The Black Country Housing Market Assessment (HMA) 2021 demonstrates that new households generated by 2039 will need the following mix of home tenures and types.’

It continues that it is important for housing provision to reflect the varying needs for each of the four local authorities, as set out in the HMA.

The supporting text to policy SHO3 should be explicit that the table which follows paragraph 7.22 is not setting an expected mix of home tenures and types for all development sites, rather it is presenting the assessed overall requirement for the Sandwell area.

Policy SHO3 should be consistent with policy SHO4 and policy SHO5 and be explicit that the dwelling mix and any mix of tenures will be site specific and subject to a consideration of local needs at the time of a proposed development coming forward.

Policy SHO4: Affordable Housing

7.6 Supported is the acknowledgement in SHO4(1) and SHO4(4) that the range of tenure be provided, and the proportion of any affordable housing should both be dependent upon any affordable housing should both be dependent upon an assessment of financial viability. SHO4 (4) effectively summarises a justifiable position that

‘the tenure and type of affordable homes sought will be determined on a site-by-site basis, based on national planning policy and best available information regarding local housing needs, site surroundings and viability considerations.’

However, the reference to a ‘minimum proportion of affordable housing’ to be provided is inconsistent with the earlier stance on viability and potentially ambiguous, given that there will be some sites where no affordable housing is financially viable.

Paragraph 16 of the Framework sets out that development plan policy should be ‘…clearly written and unambiguous, so it is evident how a decision maker should react to development proposals.’

The inconsistency between dependence upon financial viability and a minimum requirement falls short of being unambiguous. This element potentially fails the test of soundness and is inconsistent with the Framework (2023).

Policy SHO5: Delivering Wheelchair Accessible and Self / Custom Build Housing

7.7 A policy requirement for a minimum proportion of new housing be designed to meet M4(2)/M4(3) standards is unclear and ambiguous in the context of provision also being said to be dependent upon whether this is financially viable. This element fails the test of soundness and is therefore inconsistent with the Framework. Categories M4(2) and M4(3) are optional requirements which local planning authorities can apply through local planning policies where there is an identified local need, and the viability of development is not compromised. M4(2) and M4(3) are optional requirements, as defined in building regulations. An optional requirement only applies where a condition that one or more dwellings should meet the relevant optional requirement is imposed on new development as per the process of granting planning permission. That requirement is rightly policy led, but the policy should be clear that any requirement is dependent upon a demonstrable need and a demonstration that development viability would not be adversely impacted upon.

7.8 Clarity would be provided through reference to NDSS. Paragraph 130(f) of the Framework (2023) refers to creating places that are safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users. In doing so, it references NDSS9 stating that:

‘Planning policies for housing should make use of the Government’s optional technical standards for accessible and adaptable housing, where this would address an identified need for such properties. Policies may also make use of the nationally described space standard, where the need for an internal space standard can be justified’

7.9 Under section 1 of the Self Build and Custom Housebuilding Act 2015, local authorities are required to keep a register of those seeking to acquire serviced plots in the area for their own self-build and custom house building. They are also subject to duties under sections 2 and 2A of the Act to have regard to this and to give enough suitable development permissions to meet the identified demand.

7.10 Policy SHO5 (4) sets out that where there is a need for self-build and custom build plots identified in the self- build and custom build register (for the administrative area where a development site is located) at least 5% of plots should be made available for self-build or custom build, or sufficient to match the current number on the register if lower.

7.11 Policy SHO5 (4) does not acknowledge that site characteristics might justify self-build/custom build exemption, irrespective of whether there is a current register need. The potential exemption on viability or other grounds of sites from self-build/custom build requirements should be set out clearly in policy SHO5 (4).

9 National Planning Policy Framework, September 2023 – footnote 49


8.0 Plan: Sandwell’s Economy
Policy SEC1: Providing for Economic Growth and Jobs

8.1 Policy SEC1 (4) is concerned with the regeneration of existing employment areas:

‘Within the existing employment areas subject to Policies SEC2, SEC3 and SEC4, the Council will support, with public intervention as necessary, the regeneration and renewal of such areas, including their environmental enhancement and incorporation of sustainable measures to mitigate climate change impacts. Industrial developments will need to demonstrate how they have been designed to maximise resistance and resilience to climate change, as set out in Policy SCC1.’

8.2 SEC1 should acknowledge that the housing policies of the Sandwell Local Plan include existing/former employment sites/areas that are allocated for and transitioning to residential use. Some of the existing/former employment sites/areas being brought forward for housing will be alongside other employment areas being retained in employment use. SEC1 should set out that any proposals for the regeneration or renewal of existing employment areas will be considered in context of the potential impact on neighbouring land uses, both existing and proposed.

Policy SEC3: Local Employment Areas

8.3 Supported is the inclusion of the clarification at SEC3 (3) that not all areas will be suitable for all employment uses. SEC3 should include specific reference to the fact that the housing policies of the Sandwell Local Plan include existing/former employment sites/areas being brought forward for housing will be alongside other employment areas being retained in employment use. SEC3 should set out that any proposals for new uses in local employment areas that require planning permission will be considered in context of the potential impact on neighbouring land uses, both existing and proposed.


9.0 Plan: Transport
Policy STR8: Parking Management

9.1 STR8 (1c) references maximum standards and ‘…ensuring that a consistent approach to maximum parking standards is enforced in new developments as set out in the guidance and standards contained at Appendix L…’ The policy should also reference the Framework (2023) and its support for walking and cycling as set out within paragraph 106(d) where it is clear that planning policies should:

‘…provide for attractive and well-designed walking and cycling networks with supporting facilities such as secure cycle parking (drawing on Local Cycling and Walking Infrastructure Plans)…’

9.2 Paragraph 110(c) of the Framework (2023) continues it should be ensured that ‘…the design of streets, parking areas, other transport elements and the content of associated standards reflects current national guidance, including the National Design Guide and the National Model Design Code’10.

9.3 Whilst Policy STR8 refers to ‘‘…ensuring that a consistent approach to maximum parking standards is enforced in new development as set out in supplementary planning documents’, paragraph 108 of the Framework (2023) states that:

‘Maximum parking standards for residential and non-residential development should only be set where there is a clear and compelling justification that they are necessary for managing the local road network, or for optimising the density of development in city and town centres and other locations that are well served by public transport...’

Policy STR9: Planning for Low Emission Vehicles

9.4 During 2019, the Department for Transport and Office for Zero Emission Vehicles (OZEV) ran a joint consultation on proposals to alter existing residential and non-residential building regulations to include provisions for electric vehicle charging points and associated infrastructure. Government outlined that:

- for proposed new residential buildings with more than 10 associated parking spaces, developers will need to ensure that ducting infrastructure is installed for every parking space;
- for proposed non-residential buildings (and buildings undergoing a major renovation or a material change in use) with more than 10 parking spaces, developers will need to ensure that at least one charge point is installed and ensure that ducting infrastructure is installed for at least 1 in 5 parking spaces; and from 2025, existing non-residential buildings with more than 20 parking spaces will need at least 1 charge point to be installed.

9.5 Policy STR9 states that the UK government has committed to banning the sale of petrol and diesel cars by 2030. The Prime Minister had pushed this back to 2035. Despite this, the resultant societal shift from petrol and diesel internal combustion engine (ICE) vehicles to ULEVs will require widespread support from local authorities. It is projected that there will an addition 42,500 ULEVs within the Black Country by 2025 and a significant proportion of these will be on Sandwell roads.

9.6 Vulcan is supportive of encouraging a move away from fossil fuel vehicles through the introduction of all- electric and hybrid alternatives, as part of the West Midlands Combined Authority commitment to setting a 'net zero' emissions target by 2041, with a climate action plan being approved by the WMCA board in January 2020. This is in part facilitated through amendments to the Building Regulations 2010, and it is suggested that there is no explicit need for policy STR9 given that this is part of the national agenda on sustainability.

9.7 Policy TRAN 8 is also ambiguous in that it refers to new developments including adequate provision for charging infrastructure, without defining what adequate infrastructure means. Paragraph 16 of the Framework (2023) sets out that development plan policy should be ‘…clearly written and unambiguous, so it

10 National Planning Policy Framework, September 2023 – paragraph 110(c) and footnote 46

is evident how a decision maker should react to development proposals’. The reference to adequate provision is without clarity. This element fails the test of soundness and is therefore inconsistent with the Framework (2023).


10.0 Plan: Waste
Policy SWA5: Resource Management and New Development

10.1 The requirements of policy SWA5 in respect of minimising waste in new development, re-use of materials following redevelopment and/or remediation and use of alternatives to primary aggregates in construction are couched in terms of as far as possible and wherever possible. Paragraph 16 of the Framework (2023) is clear that development plans should contain policies that are clearly written and unambiguous. Draft policy SWA5 should be redrafted with clear targets and the requirements of applicants providing justification for the approaches to waste management and the use construction materials in any given development project

11.0 Plan: Development Management
Policy SDM1: Design Quality

11.1 The approach of the Sandwell Local Plan to design quality should accord with the Framework (2023) guidance (paragraphs 126 to 136). Policy should be clear about design expectations and how proposals will be tested against policy, having regard to national guidance and other material considerations. The references to the National Design Guide11, Manual for Streets12, NDSS13, Building for a Healthy Life14 and accordance with agent of change principles15 are noted but Sandwell should prepare design guides and/or design codes consistent with the principles set out in the National Design Guide and National Model Design Code, and which reflect local character and design preferences. If these are to follow as supplementary planning documents, given the reference to local housing design SPDs for new housing developments, then the draft development plan policy should be explicit in this regard.

11.2 Policy SDM1 should provide clarity over what development proposals should address within design and access statements, within the Sandwell-specific context:

a. ‘the ten characteristics of the National Design Guide, to provide a high-quality network of streets, buildings and spaces;
b. the principles of Manual for Streets, to ensure urban streets and spaces provide a high-quality public realm and an attractive, safe and permeable movement network;
c. use of the Building for a Healthy Life criteria (or subsequent iterations) and Sandwell's local housing design codes, masterplans and guidance for new housing developments, to achieve high design standards, good place-making and sustainable development;
d. crime prevention measures, Secured by Design and Park Mark principles and the requirements of Part Q of the Building Regulations 2010 or any successor legislation;
e. the agent of change principle, in relation to existing uses adjacent to proposed development sites.’



11 MHCLG National Design Guide – published 1 October 2019/last updated 30 January 2021
12 CIHT Manual for Streets (2007) and Manual for Streets 2 (2010)
13 MHCLG Technical housing standards – nationally described space standard published 27 March 2015
14 Birkbeck D and Kruczkowski S et al (2020) Building for a Healthy Life
15 National Planning Policy Framework, September 2023 – paragraph 187

12.0 Plan: Sandwell Site Allocations
12.1 The inclusion of Brades Road, Oldbury as a proposed site allocation (site reference: SH38) is fully supported by Vulcan for the reasons set out in the March 2023 call for sites submission attached at Appendix 1. The site is clearly consistent with the Government agenda of brownfield first and maximising development within areas with high sustainability credentials that are accessible by a choice of means of transport.

12.2 Vulcan also fully supports the inclusion of adjoining land on Dudley Road East (site reference: SH21) for the same reasons.

12.3 The estimates shortfall of 18,606 homes over the period to be covered by the Sandwell Local Plan indicates very strongly that Sandwell will have to look to high density solution within the plan area. There is potential for Brades Road to come forward earlier in the plan period than 2033 and there is justification for it being identified for delivery earlier in the housing trajectory. The significant shortfall in housing provision over the plan period and the uncertainty over housing numbers to be provided out of area through ‘duty to co-operate’ suggests very strongly that sites that are suitable and available should be identified as coming forward earlier in the housing trajectory, where there is potential for this to happen. There is good reason to expect that delivery out of area will be skewed to the latter stages of the Sandwell Local Plan period, given that those neighbouring authorities will justifiably prioritise meeting their own housing requirements. This suggests that there is good reason to front-load the proportion of new homes delivered within the Sandwell area, where there is evidence that sites are available and deliverable.

12.4 Brades Road is potentially available in the shorter-term, and earlier delivery than 2033 is possible.


13.0 Conclusions
13.1 Vulcan reserves the right to change, add to or withdraw representations made on the draft Sandwell Local Plan 2023-2041 and at this stage intends to take part in the future examination of the Plan.

13.2 Vulcan is fully supportive of the inclusion of the Brades Road site within the allocated sites as a residential allocation.

13.3 The key benefits that weigh heavily in favour of the proposed allocation are:

- Delivery of homes on a sustainable site, helping to meet local housing need in the context of persistent past under delivery, a lack of a demonstrable five-year supply of deliverable housing sites and a generally bleak housing land supply position locally;
- Brownfield regeneration of a life-expired employment site;
- The potential for a masterplan-led design alongside other housing regeneration sites;
- Significant public benefits through significant canal environment improvements; and
- Other wider community benefits.

1.0 Introduction
1.1 Maddox Planning has prepared these representations for Vulcan Property II Limited (Vulcan), in respect of the Sandwell Local Plan 2022-2041 upon which consultation is running until 18 December 2023.

1.2 These representations address the policies and supporting text of the draft Sandwell Local Plan (Regulation 18 stage). The representations are submitted in context with Vulcan land interests at Brades Road, Oldbury. The Vulcan site is included within the Sandwell Local Plan as a proposed residential development allocation (site ref: SH38) following it being put forward as part of an earlier call for sites.

1.3 The call for sites submission of March 2023 is attached at Appendix 1.

1.4 Paragraph 15 of The Framework (2023), states that the planning system should be genuine plan-led. Succinct and up-to-date plans should provide a positive vision for the future of each area; a framework for addressing housing needs and other economic, social and environmental priorities; and a platform for local people to shape their surroundings

1.5 It is a statutory requirement that a body preparing a development plan publishes its draft development plan document for consultation ahead of submitting that document for independent examination; an examination to assess whether it is sound and legally compliant, alongside whether other statutory requirements are satisfied1. In preparing a development plan document, the body preparing that document must have regard to a number of matters including national policies and advice contained in guidance issued by the Secretary of State2.

1.6 Paragraph 16 of the Framework (2023), sets out that a plan should:

a) be prepared with the objective of contributing to the achievement of sustainable development3;
b) be prepared positively, in a way that is aspirational but deliverable;
c) be shaped by early, proportionate and effective engagement between planmakers and communities, local organisations, businesses, infrastructure providers and operators and statutory consultees;
d) contain policies that are clearly written and unambiguous, so it is evident how a decision maker should react to development proposals;
e) be accessible through the use of digital tools to assist public involvement and policy presentation; and
f) serve a clear purpose, avoiding unnecessary duplication of policies that apply to a particular area (including policies in this Framework, where relevant).

1.7 Paragraph 11 of the Framework (2023) sets out the Government presumption in favour of sustainable development. It states that for plan making this means that:

a) all plans should promote a sustainable pattern of development that seeks to: meet the development needs of their area; align growth and infrastructure; improve the environment; mitigate climate change (including by making effective use of land in urban areas) and adapt to its effects;
b) strategic policies should, as a minimum, provide for objectively assessed needs for housing and other uses, as well as any needs that cannot be met within neighbouring areas4, unless:
i. the application of policies in this Framework that protect areas or assets of particular importance provides a strong reason for restricting the overall scale, type or distribution of development in
the plan area5; or

1 Section 20(5) of the Planning and Compulsory Purchase Act 2004
2 Section 19(2) of the Planning and Compulsory Purchase Act 2004
3 This is a legal requirement of local planning authorities exercising their plan-making functions (section 39(2) of the Planning and Compulsory Purchase Act 2004)
4 As established through statements of common ground (National Planning Policy Framework September 2023, paragraph 27)
5 The policies referred to are those in this Framework (rather than those in development plans) relating to: habitats sites (and those sites listed in paragraph 181) and/or designated as Sites of Special Scientific Interest; land designated as Green Belt, Local Green Space, an Area of Outstanding Natural Beauty, a National Park (or within the Broads Authority) or defined as Heritage Coast; irreplaceable habitats; designated heritage assets (and other heritage assets of archaeological interest referred to in footnote 68); and areas at risk of flooding or coastal change

ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.


2.0 Plan: Sandwell 2041: Spatial Vision, Priorities and Objectives
2.1 Table 3 of the Sandwell Local Plan sets out priorities, strategic objectives and policies across 16 objectives. Strategic priorities should acknowledge that a function of a development plan is to identify the most appropriate land uses for particular locations and allocate sites accordingly, on the basis of assessed need for new homes and commercial floorspace. The identification of sites proposed for development should have regard to the vision and objectives of a plan, in this instance the strategic priorities and objectives of the draft Sandwell Local Plan, taking account of national policy and guidance and other material considerations and the need to minimise the impact of climate change whilst adapting to its effects and mitigating its current and potential future impacts.

2.2 Objective 6 as part of the Housing that meets all our needs priority, seeks to address Sandwell’s identified and wide-ranging housing need by supporting the provision of high-quality new homes with a wide mix of housing types and tenure that: meet the needs of current and future residents; provide sufficient internal and external space; and support climate change adaption through good design. Objective 6 needs to be explicit that for the achievement of this objective clear housing requirements needs to be articulated, to set a baseline for the housing need that it is planned to be met over the plan period.

2.3 The local authority should have a clear understanding of the land available within their area through the preparation of a strategic housing land availability assessment. Planning policies should then identify a sufficient supple and mix of sites, considering their availability, suitability, and likely economic viability. Objective 6 should explicitly commit to meeting this obligation of identifying sufficient land for homes.

2.4 Objective 7 of the Housing that meets all our needs priority, is to ensure that communities in Sandwell are safe and resilient. This objective is supported.


3.0 Plan: Spatial Strategy
Policy SDS1: Development Strategy

3.1 Policy SDS1 of the Draft Sandwell Local Plan states that at least 11,167 net new homes are to be delivered over the plan period, creating sustainable mixed communities that are supported by adequate infrastructure over the plan period from 2022-2041. The stated annual requirement for Sandwell is 1,567 based on the standard methodology (2022 workplace-based ratio), as detailed in the Sandwell Strategic Housing Land Availability Assessment (SHLAA) published in October 2023. Over the 19-year plan period this projects a total housing requirement of 29,773. The Sandwell Local Plan therefore reflects a deficit level of provision of 18,606 homes over the plan period. Policy SDS1 should be clear on how the projected provision for net additional homes is arrived at, and what provisions will be taken to ensure that delivery matches projected requirements.

Policy SDS2: Regeneration in Sandwell

3.2 Regeneration Areas as set out within policy SDS2 are the stated focus for new development, regeneration and public and the encouragement of private investment. Subsection 3(e) states that at least 2,581 new homes of mixed type and tenure are to be delivered in the regeneration areas; in sustainable locations well- supported by community services. Sandwell currently has a significant shortfall in housing delivery against Government requirements. It is highly likely that a component of any solution addressing the current housing shortfall will be higher density residential development on brownfield land included within in the identified Regeneration Areas.

Policy SDS4: Achieving Well-Designed Places

3.3 The Sandwell Local Plan discusses that well-designed places should accord with the latest National Planning Guidance and other material considerations. Point 9 of the policy states that a design code will be produced for Sandwell which shall reflect local character and design preferences, providing a framework for creating high-quality places. This approach is supported and in accordance with National Design Guide and National Model Design Code, provided that it incorporates the requisite flexibility necessary to address local market conditions and the impact that these have on development values.


4.0 Plan: Sandwell’s Natural and Historic Environment
Policy SNE2: Protection of Enhancement of Wildlife Habitats

4.1 Paragraph 8 (c) of the Framework refers to improving biodiversity and paragraph 174 (d) to providing net gains for biodiversity. Draft policy SNE2(1) states that

‘All development proposals in Sandwell shall deliver a minimum 10% net gain in biodiversity value when measured against baseline site information. Where achievable, a higher net gain may be agreed. Losses and gains will be calculated using the extant national Biodiversity Metric…’

4.2 Vulcan agrees with policy SNE2 and reflecting the forthcoming mandatory requirement for a minimum 10% biodiversity net gain across all major development.

Policy SNE1: Provision, Retention and Protection of Trees

4.3 Policy SNE1 (11) includes a blanket statement that

‘Development should be designed around the need to incorporate trees already present on site, using sensitive and well-designed site layouts to maximise their retention’.

There should be acknowledgement that there will not be the justification for the retention of some trees, particularly in the context of poor specimens and wider development benefit. The policy text should be consistent with the Framework (2023), which says planning policies should ensure ‘…that existing trees are retained wherever possible’ (paragraph 131).

4.4 The policy also sets out at SNE1 (9) that

‘…tree planting on new development sites should make a minimum contribution of 20% canopy cover and a recommended contribution of 30% canopy cover across the site, especially in areas where evidence demonstrates that current levels of canopy cover are lower than the local average.’

It is noted that this is based upon the Emergency Tree Plan for the UK – The Woodland Trust 2020 but there is no basis in the Framework (2023) or Planning Practice Guidance for the introduction of blanket thresholds for canopy cover.

The same observation is made in respect of SNE1 (18) and its requirement that

‘…removal of trees, suitable replacement trees must be provided onsite. Where sufficient suitable onsite replacements cannot be provided, off-site planting or woodland enhancement, including support for natural regeneration, in the near vicinity of the removed tree(s) must be provided, in line with the mitigation hierarchy set out in Policy SNE2.’

The requirement for replacement trees and the number to be provided should be the subject of site-by-site assessments, alongside a measured consideration of biodiversity net gain.

Policy SNE6: Canals

4.5 Policy SNE7 is positively written, and Vulcan supports the reference to the canal network being a focus for future development through its ability to deliver a high-quality environment and enhanced accessibility for pedestrians, cyclists, and other non-car-based modes of transport.

4.6 Policy SNE6(d) refers to development proposals
‘…promoting high quality design, including active frontages onto the canal and improving the public realm...’.
The policy should acknowledge that such aspirations should be pursued where possible. Canalside development also offers the potential for waterfront views particularly from residential properties, and this should be stated in the context of seeking to achieve high-quality urban design and cross- referencing urban design policies.


5.0 Plan: Climate Change
Policy SCC1: Increasing efficiency and resilience

5.1 The Framework sets outs clear guidance on planning for climate change:

‘Plans should take a proactive approach to mitigating and adapting to climate change, taking into account the long-term implications for flood risk, coastal change, water supply, biodiversity and landscapes, and the risk of overheating from rising temperature’6.

5.2 It continues that development plan policies should support appropriate measures to ensure the future resilience of communities and infrastructure to climate change impacts, such as providing space for physical protection measures, or making provision for the possible future relocation of vulnerable development and infrastructure. New development should be planned for in a way that avoids increased vulnerability, manages risks and makes best user of location, orientation and design. There is support for the use and supply of low carbon energy, including community-led initiatives.

5.3 Paragraph 157 of the Framework sets out that local planning authorities should expect new development to comply with any development plan policy on decentralised energy supplies, and take account of landform, layout, building orientation, massing and landscaping to minimise energy consumption

5.4 Paragraph 16 of the Framework is clear that development plans should contain policies that are clearly written and unambiguous, so it is evident how a decision maker should react to development proposals.

5.5 To provide clarity for applicants, draft policy CC1 should include assessment criteria against which the local planning authority can determine whether a development compliant with its climate change and energy policies in the context of local requirements and site-specific circumstances.

5.6 Whilst the sentiment of maximising opportunity and minimising impact where possible is in the spirit of the guidance provided by the Framework, it does not make for a development plan policy that is easily applied to individual development proposals. The policy is arguably not sound in the absence of prescriptive, unambiguous assessment criteria.

Policy SCC2: Energy Infrastructure

5.6 Draft policy SCC2 sets out that:

‘Any development including ten homes or more, or non-residential floorspace of 1,000m2 or more must include opportunities for decentralised energy provision within the site, unless it can be demonstrated that the development is not suitable, feasible or viable for district heat or decentralised energy networks.’

5.7 Paragraph 16 of the Framework (2023) is clear that development plans should contain policies that are clearly written and unambiguous. Draft policy SCC2 is not clear in respect of on what grounds applicants will be able to demonstrate that development is not suitable, feasible or viable for district heat or decentralised power networks. Draft policy SCC2 needs to provide clear direction in this regard. It is also without justification why the threshold for compliance is ten units/1,000 sq. m and why there are no further thresholds at greater unit numbers/floorspace, which would allow for proportionate consideration of proposals relative to scale. The draft policy should be revised to remove ambiguity and introduce additional trigger thresholds to ensure that it is sound in the context of being clear and positively prepared.

6 National Planning Policy Framework, September 2023 – paragraph 153

Policy SSC3: Managing Heat Risk

5.8 Draft policy SCC2 (Energy Infrastructure) sets minimum thresholds for development proposals to which the policy applies. Policy SSC3 is drafted such that it applies to all development proposals without distinction. Whilst all development proposals can be subject to design materials choices in the context of managing heat risk, it is potentially only on larger development sites where there is the potential for layout and orientation choices to have a nearing on heat risk. Similarly, the cooling hierarchy set out in the draft policy is not necessarily appropriate or applicable to all development proposals.

5.9 Paragraph 16 of the Framework (2023) is clear that development plans should contain policies that are clearly written and unambiguous. Draft policy SCC3 should be revised such that it is clear for which size/scale of development the draft policy can be reasonably applied and include a clear indication of on what grounds applicants will be able to demonstrate that expectations cannot be viably or reasonably met, including in context with the cooling hierarchy. Added clarification is necessary to ensure that the draft policy is sound in the context of it being clear, positively prepared and fit for purpose in seeking to managing in the most effective way heat risk from new development.

Policy SCC4: Flood Risk

5.10 Draft policy SCC4 (13) should be clear on what basis the proposed distance limitations on development that is proximate to an ordinary watercourse are derived. It should also include detailed justification for the proposed limitations, and how the policy text as drafted relates to any local byelaws set under the Land Drainage Act 1991.

Policy SCC5: Sustainable drainage and surface water management (SuDs)

5.11 Paragraph 169 of the Framework states that:

‘Major developments should incorporate sustainable drainage systems unless there is clear evidence that this would be inappropriate’. The draft text to Policy SCC5 states that ‘All new developments should incorporate SuDS and all development proposals should provide details of adoption, ongoing maintenance, and management of SuDS’.

The proposed policy SCC5 requirement that all new development incorporate SuDS is inconsistent with the Framework and should be amended to meet the test of soundness.

Paragraph 167(c) of the Framework (2023) states the requirement for development proposed in an area at risk of flooding incorporate sustainable drainage systems is also subject to a caveat ‘…unless there is clear evidence that this would be inappropriate’. This should be reflected in the draft development plan policy.

Policy SCC6: Renewable and Low Carbon Energy and BREEAM Standards

The supporting text to draft policy SSC6 (paragraph 5.59) discusses the requirement that major
5.12 developments achieve a 31% carbon reduction improvement upon the Part L requirement of The Building Regulations 2010 (as amended).

5.13 The supporting text (paragraph 5.62) also includes the caveat, in respect of all new development contributing towards renewable and low carbon energy generation, that it is not practical to provide more than 20% renewable energy generation within a new development.

6.0 Plan: Health and Wellbeing in Sandwell
Policy SHW3: Air Quality

6.1 Paragraph 186 of the Framework (2023) sets out that planning policies should sustain and contribute towards compliance with relevant limit values or national objectives for pollutants, taking in account the presence of Air Quality Management Areas and Clear Air Zones, and the cumulative impacts form individual sites in local areas. Planning policies and decisions should ensure that new development can be integrated effectively with existing businesses and community facilities. Paragraph 188 of the Framework (2023) is clear that the focus of planning policies and decisions should be on whether proposed development is an acceptable use of land, rather than control of processes or emissions (where these are subject to separate pollution control regimes).

6.2 Policy SHW3 includes a blanket statement that new development must be at least air quality neutral. This element of the draft policy does not reflect the Framework or the Planning Practice Guidance, in its blanket approach. The PPG sets out that plans may need to consider:

- what are the observed trends shown by recent air quality monitoring data and what would happen to these trends in light of proposed development and / or allocations;
- the impact of point sources of air pollution (pollution that originates from one place);
- the potential cumulative impact of a number of smaller developments on air quality as well as the effect of more substantial developments, including their implications for vehicle emissions;
- ways in which new development could be made appropriate in locations where air quality is or is likely to be a concern, and not give rise to unacceptable risks from pollution. This could, for example, entail identifying measures for offsetting the impact on air quality arising from new development including supporting measures in an air quality action plan or low emissions strategy where applicable; and
- opportunities to improve air quality or mitigate impacts, such as through traffic and travel management and green infrastructure provision and enhancement7.

6.3 The PPG continues to explain that the test is the impact of proposed development and potential impact on future occupants:

- whether the proposed development could significantly change air quality during the construction and operational phases (and the consequences of this for public health and biodiversity); and whether occupiers or users of the development could experience poor living conditions or health due to poor air quality8.
6.4 A requirement for development being air quality neutral is justified where there are sensitive receptors such that anything other than air quality neutral would be unacceptable or a proposed development would otherwise lead to a deterioration in existing poor air quality. For the policy to pass the test of soundness it should add criteria into its air quality neutral requirement, to set out on what basis such an expectation is justified and how an applicant might demonstrate the acceptability of a development ion circumstances where such a requirement is justified.
Policy SHW4: Open Space and Recreation

6.5 Policy SHW4 states that:

7 Paragraph: 002 Reference ID: 32-002-20191101- Revision date: 01 11 2019
8 Paragraph: 005 Reference ID: 32-005-20191101 - Revision date: 01 11 2019

‘All new housing sites providing over ten units will be expected to contribute towards the provision of unrestricted open space, in line with the standards set out in Appendix K. Where such provision on- site would make a site unviable or where there is no physical capacity to include it, the Council will in exceptional circumstances accept a commuted sum for nearby off-site provision in lieu or for the improvement of existing facilities within walking distance.’

6.6 The policy is rightly targeted at major development proposals but fails to acknowledge that the expectation of contribution to unrestricted open space should be based upon whether there is a demonstrable shortfall locally of unrestricted open space.


7.0 Plan: Sandwell’s Housing
Policy SHO1: Delivering Sustainable Housing Growth

7.1 Policy SHO1 discussed that the Sandwell Local Plan will deliver at least 11,167 net new homes over the period 2022-2041.

7.2 Table 5 discusses the Housing Land Supply for the brough setting out the minimum housing target of the plan period and the key sources of housing land supply. The total from identified sites is 9,080, with the remainder a windfall allowance.

7.3 Policy SHO1 should be clear on how the quoted requirement of net additional homes is arrived at.

Policy SHO3: Housing Density, Type and Accessibility

7.3 Point 4 of policy SHO3 details the appropriate density and where appropriate house type mix, to be sought on each housing allocation site in accordance with minimum densities set out within table 6.

7.4 Policy SHO3 then goes on to discuss that achieving an appropriate density of house type mix is crucial to both the success of each new housing development and the sustainability of the area. This is also in accordance with the Sandwell spatial strategy and national planning guidance which states that housing mix and tenure will reflect local needs.

7.5 Table 7 of policy SHO3 states the New Housing Type and Tenure in Sandwell. Point 7.22 states that

‘‘The Black Country Housing Market Assessment (HMA) 2021 demonstrates that new households generated by 2039 will need the following mix of home tenures and types.’

It continues that it is important for housing provision to reflect the varying needs for each of the four local authorities, as set out in the HMA.

The supporting text to policy SHO3 should be explicit that the table which follows paragraph 7.22 is not setting an expected mix of home tenures and types for all development sites, rather it is presenting the assessed overall requirement for the Sandwell area.

Policy SHO3 should be consistent with policy SHO4 and policy SHO5 and be explicit that the dwelling mix and any mix of tenures will be site specific and subject to a consideration of local needs at the time of a proposed development coming forward.

Policy SHO4: Affordable Housing

7.6 Supported is the acknowledgement in SHO4(1) and SHO4(4) that the range of tenure be provided, and the proportion of any affordable housing should both be dependent upon any affordable housing should both be dependent upon an assessment of financial viability. SHO4 (4) effectively summarises a justifiable position that

‘the tenure and type of affordable homes sought will be determined on a site-by-site basis, based on national planning policy and best available information regarding local housing needs, site surroundings and viability considerations.’

However, the reference to a ‘minimum proportion of affordable housing’ to be provided is inconsistent with the earlier stance on viability and potentially ambiguous, given that there will be some sites where no affordable housing is financially viable.

Paragraph 16 of the Framework sets out that development plan policy should be ‘…clearly written and unambiguous, so it is evident how a decision maker should react to development proposals.’

The inconsistency between dependence upon financial viability and a minimum requirement falls short of being unambiguous. This element potentially fails the test of soundness and is inconsistent with the Framework (2023).

Policy SHO5: Delivering Wheelchair Accessible and Self / Custom Build Housing

7.7 A policy requirement for a minimum proportion of new housing be designed to meet M4(2)/M4(3) standards is unclear and ambiguous in the context of provision also being said to be dependent upon whether this is financially viable. This element fails the test of soundness and is therefore inconsistent with the Framework. Categories M4(2) and M4(3) are optional requirements which local planning authorities can apply through local planning policies where there is an identified local need, and the viability of development is not compromised. M4(2) and M4(3) are optional requirements, as defined in building regulations. An optional requirement only applies where a condition that one or more dwellings should meet the relevant optional requirement is imposed on new development as per the process of granting planning permission. That requirement is rightly policy led, but the policy should be clear that any requirement is dependent upon a demonstrable need and a demonstration that development viability would not be adversely impacted upon.

7.8 Clarity would be provided through reference to NDSS. Paragraph 130(f) of the Framework (2023) refers to creating places that are safe, inclusive and accessible and which promote health and well-being, with a high standard of amenity for existing and future users. In doing so, it references NDSS9 stating that:

‘Planning policies for housing should make use of the Government’s optional technical standards for accessible and adaptable housing, where this would address an identified need for such properties. Policies may also make use of the nationally described space standard, where the need for an internal space standard can be justified’

7.9 Under section 1 of the Self Build and Custom Housebuilding Act 2015, local authorities are required to keep a register of those seeking to acquire serviced plots in the area for their own self-build and custom house building. They are also subject to duties under sections 2 and 2A of the Act to have regard to this and to give enough suitable development permissions to meet the identified demand.

7.10 Policy SHO5 (4) sets out that where there is a need for self-build and custom build plots identified in the self- build and custom build register (for the administrative area where a development site is located) at least 5% of plots should be made available for self-build or custom build, or sufficient to match the current number on the register if lower.

7.11 Policy SHO5 (4) does not acknowledge that site characteristics might justify self-build/custom build exemption, irrespective of whether there is a current register need. The potential exemption on viability or other grounds of sites from self-build/custom build requirements should be set out clearly in policy SHO5 (4).

9 National Planning Policy Framework, September 2023 – footnote 49


8.0 Plan: Sandwell’s Economy
Policy SEC1: Providing for Economic Growth and Jobs

8.1 Policy SEC1 (4) is concerned with the regeneration of existing employment areas:

‘Within the existing employment areas subject to Policies SEC2, SEC3 and SEC4, the Council will support, with public intervention as necessary, the regeneration and renewal of such areas, including their environmental enhancement and incorporation of sustainable measures to mitigate climate change impacts. Industrial developments will need to demonstrate how they have been designed to maximise resistance and resilience to climate change, as set out in Policy SCC1.’

8.2 SEC1 should acknowledge that the housing policies of the Sandwell Local Plan include existing/former employment sites/areas that are allocated for and transitioning to residential use. Some of the existing/former employment sites/areas being brought forward for housing will be alongside other employment areas being retained in employment use. SEC1 should set out that any proposals for the regeneration or renewal of existing employment areas will be considered in context of the potential impact on neighbouring land uses, both existing and proposed.

Policy SEC3: Local Employment Areas

8.3 Supported is the inclusion of the clarification at SEC3 (3) that not all areas will be suitable for all employment uses. SEC3 should include specific reference to the fact that the housing policies of the Sandwell Local Plan include existing/former employment sites/areas being brought forward for housing will be alongside other employment areas being retained in employment use. SEC3 should set out that any proposals for new uses in local employment areas that require planning permission will be considered in context of the potential impact on neighbouring land uses, both existing and proposed.


9.0 Plan: Transport
Policy STR8: Parking Management

9.1 STR8 (1c) references maximum standards and ‘…ensuring that a consistent approach to maximum parking standards is enforced in new developments as set out in the guidance and standards contained at Appendix L…’ The policy should also reference the Framework (2023) and its support for walking and cycling as set out within paragraph 106(d) where it is clear that planning policies should:

‘…provide for attractive and well-designed walking and cycling networks with supporting facilities such as secure cycle parking (drawing on Local Cycling and Walking Infrastructure Plans)…’

9.2 Paragraph 110(c) of the Framework (2023) continues it should be ensured that ‘…the design of streets, parking areas, other transport elements and the content of associated standards reflects current national guidance, including the National Design Guide and the National Model Design Code’10.

9.3 Whilst Policy STR8 refers to ‘‘…ensuring that a consistent approach to maximum parking standards is enforced in new development as set out in supplementary planning documents’, paragraph 108 of the Framework (2023) states that:

‘Maximum parking standards for residential and non-residential development should only be set where there is a clear and compelling justification that they are necessary for managing the local road network, or for optimising the density of development in city and town centres and other locations that are well served by public transport...’

Policy STR9: Planning for Low Emission Vehicles

9.4 During 2019, the Department for Transport and Office for Zero Emission Vehicles (OZEV) ran a joint consultation on proposals to alter existing residential and non-residential building regulations to include provisions for electric vehicle charging points and associated infrastructure. Government outlined that:

- for proposed new residential buildings with more than 10 associated parking spaces, developers will need to ensure that ducting infrastructure is installed for every parking space;
- for proposed non-residential buildings (and buildings undergoing a major renovation or a material change in use) with more than 10 parking spaces, developers will need to ensure that at least one charge point is installed and ensure that ducting infrastructure is installed for at least 1 in 5 parking spaces; and from 2025, existing non-residential buildings with more than 20 parking spaces will need at least 1 charge point to be installed.

9.5 Policy STR9 states that the UK government has committed to banning the sale of petrol and diesel cars by 2030. The Prime Minister had pushed this back to 2035. Despite this, the resultant societal shift from petrol and diesel internal combustion engine (ICE) vehicles to ULEVs will require widespread support from local authorities. It is projected that there will an addition 42,500 ULEVs within the Black Country by 2025 and a significant proportion of these will be on Sandwell roads.

9.6 Vulcan is supportive of encouraging a move away from fossil fuel vehicles through the introduction of all- electric and hybrid alternatives, as part of the West Midlands Combined Authority commitment to setting a 'net zero' emissions target by 2041, with a climate action plan being approved by the WMCA board in January 2020. This is in part facilitated through amendments to the Building Regulations 2010, and it is suggested that there is no explicit need for policy STR9 given that this is part of the national agenda on sustainability.

9.7 Policy TRAN 8 is also ambiguous in that it refers to new developments including adequate provision for charging infrastructure, without defining what adequate infrastructure means. Paragraph 16 of the Framework (2023) sets out that development plan policy should be ‘…clearly written and unambiguous, so it

10 National Planning Policy Framework, September 2023 – paragraph 110(c) and footnote 46

is evident how a decision maker should react to development proposals’. The reference to adequate provision is without clarity. This element fails the test of soundness and is therefore inconsistent with the Framework (2023).


10.0 Plan: Waste
Policy SWA5: Resource Management and New Development

10.1 The requirements of policy SWA5 in respect of minimising waste in new development, re-use of materials following redevelopment and/or remediation and use of alternatives to primary aggregates in construction are couched in terms of as far as possible and wherever possible. Paragraph 16 of the Framework (2023) is clear that development plans should contain policies that are clearly written and unambiguous. Draft policy SWA5 should be redrafted with clear targets and the requirements of applicants providing justification for the approaches to waste management and the use construction materials in any given development project

11.0 Plan: Development Management
Policy SDM1: Design Quality

11.1 The approach of the Sandwell Local Plan to design quality should accord with the Framework (2023) guidance (paragraphs 126 to 136). Policy should be clear about design expectations and how proposals will be tested against policy, having regard to national guidance and other material considerations. The references to the National Design Guide11, Manual for Streets12, NDSS13, Building for a Healthy Life14 and accordance with agent of change principles15 are noted but Sandwell should prepare design guides and/or design codes consistent with the principles set out in the National Design Guide and National Model Design Code, and which reflect local character and design preferences. If these are to follow as supplementary planning documents, given the reference to local housing design SPDs for new housing developments, then the draft development plan policy should be explicit in this regard.

11.2 Policy SDM1 should provide clarity over what development proposals should address within design and access statements, within the Sandwell-specific context:

a. ‘the ten characteristics of the National Design Guide, to provide a high-quality network of streets, buildings and spaces;
b. the principles of Manual for Streets, to ensure urban streets and spaces provide a high-quality public realm and an attractive, safe and permeable movement network;
c. use of the Building for a Healthy Life criteria (or subsequent iterations) and Sandwell's local housing design codes, masterplans and guidance for new housing developments, to achieve high design standards, good place-making and sustainable development;
d. crime prevention measures, Secured by Design and Park Mark principles and the requirements of Part Q of the Building Regulations 2010 or any successor legislation;
e. the agent of change principle, in relation to existing uses adjacent to proposed development sites.’



11 MHCLG National Design Guide – published 1 October 2019/last updated 30 January 2021
12 CIHT Manual for Streets (2007) and Manual for Streets 2 (2010)
13 MHCLG Technical housing standards – nationally described space standard published 27 March 2015
14 Birkbeck D and Kruczkowski S et al (2020) Building for a Healthy Life
15 National Planning Policy Framework, September 2023 – paragraph 187

12.0 Plan: Sandwell Site Allocations
12.1 The inclusion of Brades Road, Oldbury as a proposed site allocation (site reference: SH38) is fully supported by Vulcan for the reasons set out in the March 2023 call for sites submission attached at Appendix 1. The site is clearly consistent with the Government agenda of brownfield first and maximising development within areas with high sustainability credentials that are accessible by a choice of means of transport.

12.2 Vulcan also fully supports the inclusion of adjoining land on Dudley Road East (site reference: SH21) for the same reasons.

12.3 The estimates shortfall of 18,606 homes over the period to be covered by the Sandwell Local Plan indicates very strongly that Sandwell will have to look to high density solution within the plan area. There is potential for Brades Road to come forward earlier in the plan period than 2033 and there is justification for it being identified for delivery earlier in the housing trajectory. The significant shortfall in housing provision over the plan period and the uncertainty over housing numbers to be provided out of area through ‘duty to co-operate’ suggests very strongly that sites that are suitable and available should be identified as coming forward earlier in the housing trajectory, where there is potential for this to happen. There is good reason to expect that delivery out of area will be skewed to the latter stages of the Sandwell Local Plan period, given that those neighbouring authorities will justifiably prioritise meeting their own housing requirements. This suggests that there is good reason to front-load the proportion of new homes delivered within the Sandwell area, where there is evidence that sites are available and deliverable.

12.4 Brades Road is potentially available in the shorter-term, and earlier delivery than 2033 is possible.


13.0 Conclusions
13.1 Vulcan reserves the right to change, add to or withdraw representations made on the draft Sandwell Local Plan 2023-2041 and at this stage intends to take part in the future examination of the Plan.

13.2 Vulcan is fully supportive of the inclusion of the Brades Road site within the allocated sites as a residential allocation.

13.3 The key benefits that weigh heavily in favour of the proposed allocation are:

- Delivery of homes on a sustainable site, helping to meet local housing need in the context of persistent past under delivery, a lack of a demonstrable five-year supply of deliverable housing sites and a generally bleak housing land supply position locally;
- Brownfield regeneration of a life-expired employment site;
- The potential for a masterplan-led design alongside other housing regeneration sites;
- Significant public benefits through significant canal environment improvements; and
- Other wider community benefits.

Policy SDS1/Para 3.13.

West Midlands CPRE objects to the housing supply figure give in Policy SDS 1, 1a. We consider the figure to be too low.

We consider further work should be undertaken to ensure the Regulation 19 Plan includes takes account of higher potential brownfield capacity.

In particular we consider the level of windfall development should be higher. This includes at least 484 more small windfalls and a calculation of large windfall sites, consistent with the evidence both quantitative and qualitative that supports this.

This approach should take account in particular of both the potential for additional housing in centres through redevelopment or mixed development (as supported by Policy SCE1 Para 6) as well as the expectation that some further industrial land will come forward on sites which are currently unavailable (As envisaged in Policy SEC4). The windfall approach is suitable because these opportunities cannot be exactly predicted.

Policy SDS6

WM CPRE support the Policy to protect the Green Belt within Sandwell, including the very important asset of the Sandwell Valley.

Policy SDS7

The policy should be strengthened to exclude solar arrays and other energy related developments on any Green Belt or other agricultural land or other green space. The only right place for solar panels is on roofs and brownfield land, such as above car parks. See CPRE report on this subject (attached).

WM CPRE support the Policy to protect Green and Blue infrastructure, including the very important asset of the Sandwell Valley and the key wildlife, nature and amenity assets which stretch out and link with the countryside in Walsall, Birmingham and further afield. We are not in a position to comment in detail on the SNE policies to protect nature and heritage in the Borough but generally consider that protection should be of the highest order.

Policy SHO1

Policy SHO1 set outs the current supply of housing and this should be reviewed in line with our objections to Policy SDS 1.

We attach the report we commissioned on housing calculations to support this objection.

Policy SHO2

WM CPRE generally support Policy SHO2 on Windfall sites. However, it should refer to both large and small windfall sites.

Policy SHO3

WM CPRE generally support Policy SHO3 on Densities, and consider the standards set out in Para 3 appropriate. We think the Policy should also require developers to show that they have sought to make the most efficient use of land within a sustainable design approach, as some densities may comfortably be higher than these minima.

Policy SHO4

While it is in accordance with the current government guidance, the threshold of 10 houses before affordable provision is required is too low. With a 25% affordable target, a development of 12 houses will provide 3 affordable ones, but one of 8 or 9 will provide zero. This provides a perverse incentive for developers to bring forward developments of 9 dwellings, even if the land has capacity for (say 11).

Furthermore, a target of 25% is low. About 15 years ago Birmingham gave evidence at the Longbridge Area Action Plan EiP that they were achieving 40% affordable, as long as a proportion were of intermediate tenures. Most neighbouring councils have a higher target, often 35%, but with the ability to accept a lower proportion where a brownfield site requires high expenditure on site preparation.

Policy SEC4

WM CPRE generally supports the reallocation of employment land for housing where the land is not needed for employment use and there is a good case for doing so.

Policy SCE1

WM CPRE supports the aspiration for more mixed used / redevelopment for housing in town centres.

The lack of any policy in the plan on energy

We have failed to find any policy in the plan on energy generation, particularly where it is (and is not) appropriate to locate large solar arrays. It is our view that the right place for this is on rooftops and brownfield land, not on green field and certainly not on Green Belt land. The plan should contain a policy to this effect. See CPRE Rooftop Revolution Report (attached) on this subject.

Sandwell Local Plan Regulation 18 Preferred Options Consultation Response by Clowes Developments (UK) Ltd.

Harris Lamb Planning Consultancy are instructed by Clowes Developments (UK) Ltd, hereto referred to as Clowes, to submit representations to the Sandwell Local Plan Preferred Options and welcome the opportunity to comment at this time. Clowes Developments are current promoting sites in South Staffordshire on the edge of the conurbation. This representation focuses on their site to the north of Wall Heath, along the A491/Wolverhampton Road, which is being promoted for employment land (see Figure 1 below for the indicative masterplan). Consequently, this representation explores the employment aspects of the draft plan, the significant requirement for land outside of Sandwell to meet the employment need that has been identified, and the importance of meaningful discussions with those nearby authorities who have the land available to reasonably assist with meeting this need.

A substantial shortfall and need to find a definitive solution.

The draft plan identifies a shortfall of 143 hectares (ha) of employment land, before the projected loss of 26 ha of employment land is accounted for. This is a substantial amount of land and represents a substantial number of jobs for local people that have yet to be accounted for.

Clowes would like to implore the Council to enter constructive and productive discussions with nearby local authorities who have the capacity to assist in meeting this shortfall; with South Staffordshire being the top of the list due to its proximity to Sandwell and the existing functional relationship with it. None of the authorities directly adjoining Sandwell purport to have the land available to meet their own needs, and any land that might be identified within these to assist other authorities as their plans progress will not even beginning to scratch the surface of the level employment land needed. Consequently, it will be necessary to speak with next layer of authorities, including South Staffordshire, to meet this significant unmet need.

Meeting the employment needs across the conurbation cannot be achieved on an authority by authority basis and a joined up approach that crosses administrative boundaries will be required if there is to be any chance of meeting the employment needs both in terms of quantum and the required mix, including land for smaller and medium sized local businesses that form important roles in the local economy and the supply chain for larger businesses.

It is our view that the focus for addressing the shortfall of employment land in Sandwell should be those authorities closest to them. South Staffordshire and Bromsgrove are the closest authorities with a meaningful ability to address the shortfall. South Staffordshire is yet to submit its local plan review to the Secretary for State for examination and there is still scope to hold meaningful discussions with them to provide land to meet the needs arising in Sandwell. Discussions will have already taken place with South Staffordshire through the Black Country Plan review, and Clowes would like to highlight the importance of Sandwell taking these discussions forward and re-emphasising the importance of South Staffordshire’s role if the employment needs in Sandwell are going to be met.

Meeting the needs of all part of the economy

In addressing the employment land shortfall, it is important that an appropriate range of land and locations are identified to meet the needs of the different type and size of employment occupiers.

Through the Black Country plan review, discussions with South Staffordshire had led to an extension to i54 and a proportion of the Four Ashes interchange going toward meeting the overspill from the Black Country. Whilst these will no doubt continue to play an important role in meeting the wider need from the Black Country, this still leaves a substantial unmet need and it put a focus on sites to the north of the conurbation for larger national and international operators.

In looking to address the employment need, Clowes would encourage Sandwell to look to sites to the east and south of the conurbation. They would also encourage Sandwell to look for sites that strengthen the offer for small and medium sized local and regional firms that for an integral part of the local economy and supply chain. Sites which are well connected back to the prospective employees and the existing employment sites in the conurbation.



Land at Wall Heath

Clowes Development have previously submitted a vision document and representations in support of the employment allocation of their site at Wall Heath. The Site extends to 71.2 hectares and the indicative masterplan in Figure 1 above demonstrates how a range of B1, B2 and B8 could be delivered on the site with a combined floor area of 84,844 square metres.

The Site is deliverable, on a principal commuting route on the edge of conurbation and is one of the closest sites with the potential to deliver a meaningful contribution to the unmet employment need in Sandwell. It would provide the perfect opportunity for local and regional companies to locate and would build on the success of the Pensnett Trading Estate where the available capacity is less than 5%.

Clowes consider this Site would provide an ideal location to assist with meeting the needs identified by Sandwell and would very much welcome the opportunity to work with Sandwell and South Staffordshire to make this a reality, thereby delivering much needed jobs for local people.

The Draft Plan

We now set out our comments on the draft plan. For ease of reference the comments are presented for each chapter / paragraph in turn and follow the order that they appear in the draft plan.

Chapter 1, Sandwell 2041: Spatial Vision Priorities and Objectives

Ambitions 1, 3 and 9 all state “delivering a healthy supply of land for economic growth and employment”. Harris Lamb supports the proposed wording on account that it is consistent with “Building a strong, responsive and competitive economy” as one of the three overarching objectives of the National Planning Policy Framework. It is however evident that the Plan as drafted is likely to fail to deliver on this aspiration as the proposed supply of employment land
i.e. 42 hectares is significantly less than the identified need / requirement of 211 hectares (includes 26 hectares likely to be lost to other land uses) as set out in the Employment Land Needs Assessment 2020 to 2041 (August 2023).

Chapter 1, Priorities and Objectives: Table 3

Objective 8 “grow a prosperous and resilient local and regional economy”. Whilst Harris Lamb supports this objective again the substantive and significant proposed shortfall in employment supply, particularly in the context of the wider FEMA and the local authorities beyond which evidently have a strong functional relationship with Sandwell e.g. South Staffordshire.

Chapter 2, Spatial Strategy

At paragraph 2.3 it states that the spatial strategy took account of, amongst other matters, the evidence base. Harris Lamb considers that the evidence base is deficient in that it did not include a review of the Green Belt. Nor is it evident how or indeed if the West Midlands Local Industrial Strategy (2019) was considered.

Paragraph 2.14

Notwithstanding the stated demand for employment land and the shortfall are both substantive and significant, they do not account for the projected loss of employment land to other uses
i.e. 26 hectares. Harris Lamb also objects to the statement that the Plan allocates.

Paragraph 2.15




Harris Lamb supports the statement “ensuring that an adequate supply of employment land is maintained through the plan period will be essential in enabling long term balanced growth to be sustained”. It then identifies “key issues to be addressed in the SLP” but it fails to include the need to secure employment land elsewhere in, and beyond, the FEMA e.g. South Staffordshire to address the substantial and significant supply shortfall.

Balanced Green Growth, Paragraph 2.30h

Harris Lamb supports the statement “regenerate existing employment areas and help them deliver”. To enable to achieve that however new employment land needs to be identified as vacancy rates are very low, typically less than 10%, meaning that existing tenants are more likely to relocate further afield.

Chapter 3, Development Strategy Policy SDS1

Part 1b

Part 1b is very misleading. It states that at least 1,206 ha of employment land will be provided but all of it bar 29ha is existing employment land. The proposed supply is only 42 hectares of which 26ha are new allocations (“new urban sites”).

Part 1h

Harris Lamb objects to the blanket policy approach i.e. no inappropriate development in it without any up-to-date technical evidence to justify it.

Duty to Cooperate Paragraph 3.14

Harris Lamb agrees that there is evidently a substantive and significant shortfall with the proposed employment shortfall. Again “an anticipated lead of allocations of 1,206ha of employment land” is simply incorrect as nearly all of it is currently occupied. Further the shortfall of 143ha does not account the 26ha projected loss of employment land to other uses.

Paragraph 3.15

This is a correct application of NPPF’s policy. It should state here which local authority areas have a physical or functional relationship with Sandwell. One area is evidently South Staffordshire where there is a strong commuting pattern in both directions.

Paragraph 3.17

It is evident to date that the employment land shortfall falls well below the existing and anticipated contributions from other Local Planning Authorities. The scale of the shortfall, along with the even greater shortfall in respect of housing, means that for greater contribution from appropriate local authority areas e.g. South Staffordshire is necessary.

Paragraph 3.18

Ongoing “engagement with its neighbours to secure the most appropriate and sustainable location for housing and employment growth to meet local needs” is clearly not enough as all the neighbouring LPAs are also struggling to meet their own needs, especially so Birmingham. Therefore, it should state the LPAs which could provide a substantive and appropriate contribution including South Staffordshire.



Chapter 8, Sandwell’s Economy – Paragraph 8.4f

“The Plan will allocate 1,206 hectares of occupied employment land for strategic, local or other employment provision”. As it stands the SLP only allocates 26ha of new employment land.

Paragraph 8.5g

The proposed objectives do not include working closely with LPAs, who have a strong functional relationship with Sandwell, to identify appropriate areas of land on which to address some of the substantive and significant employment land shortfall.

Policy SEC1 – Providing for Economic Growth and Jobs

Part 1

It should state how much new employment land is being allocated.

Part 2

This is overly optimistic. Redevelopment of employment land is limited on account of very low vacancy rates. There is also very limited scope for “intensification” of employment sites to deliver substantive new employment space as the gross to net plot ratios tend to be very low.

Summary
There is a significant shortfall in employment land in the Preferred Options local plan. This land represents jobs for local people and is important for bolstering the strength of the local economy for the benefit of all. Not providing this land will have a negative impact on local people and it is local people who will suffer if a solution cannot be found.

Clear and decisive action is needed to ensure these needs are met, and the starting point should be discussions with South Staffordshire to implore them to provide the land needed to deliver these jobs.

1. Sandwell 2041: Spatial Vision, Priorities and Objectives

The ten ambitions for a successful Sandwell as set out in the Sandwell Vision 2030 continue to represent a set of aspirations to which the waterway network can successfully contribute, particularly:

- Ambition 1 (delivering strong policy support to combatting climate change adaptation and mitigation; and protecting and enhancing the natural environment, nature conservation and open spaces; and delivering opportunities for biodiversity net gain, landscaping and tree planting)
- Ambition 2 (protecting, enhancing and making accessible land for sport and leisure including active and passive recreation; and providing clear policy support for development aimed to deliver health and welfare infrastructure)
- Ambition 5 (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)
- Ambition 6 (delivering a co-ordinated and strategic travel and transport network through Sandwell that links communities to opportunities both within and beyond its boundaries, supported by appropriate planning policies and land use designations), and,
- Ambition 8 (promoting and supporting sustainable development that helps to meet local need/demand; and providing for sufficient services and facilities in locations accessible to all in Sandwell's communities.)

As such the Trust endorses the Sandwell Local Plan Vision 2041 and its emphasis on tackling climate change, and the promotion of the natural and historic environments, active and passive recreation and leisure opportunities, access to district and low-cost energy and heating projects, delivery of sustainable drainage, and emphasis on active and sustainable travel opportunities. In particular we support and acknowledge our allied role in delivering a number of the draft Plan’s key priorities and objectives under the headings of:

- Climate Change (notably 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, and 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)
- Enhancing our natural environment (notably 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 good access to interlinked green infrastructure)
- Enhancing our historic environment (notably Objective 4: To protect, sustain and enhance the quality of the historic built environment, ensuring the retention of distinctive and attractive places and beautiful buildings, including listed parks, scheduled monuments and their settings, and Objective 5: To manage and maintain the wider historic environment across Sandwell, including parks and gardens, areas of industrial heritage value, sites of geological and archaeological interest and locally listed buildings, structures and historic assets)
- Improving the Health and Wellbeing of residents and promoting social inclusion (notably 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: Ensure new development and open spaces support health and wellbeing for all, reduce health inequalities and encourage active and healthy lifestyles, and 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 travel, and low emission travel for all)
- Good Design (notably Objective 13: Require new development to deliver a high standard of design reflecting local character and distinctiveness and that creates greener and safer places that people feel proud to live and work in)

- Promoting sustainable transport and active travel (notably Objective 16: To prioritise sustainable and active travel and seek to improve transport infrastructure to ensure efficient and sustainable accessibility within an integrated network), and,
- Meeting our resource and infrastructure needs (notably Objective 18: 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)

2. Spatial Strategy

2.18 The Trust endorses the ‘key issues addressed in the SLP’ as including 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; The protection and enhancement of designated and undesignated heritage assets; and, Rejecting poor design.

2.30 As such we acknowledge the approach of Balanced Green Growth in forming the basis of the Sandwell Local Plan's Development Strategy (Policy SDS1). However, the Trust requests that our canal network be included within Figure 2 - Sandwell Spatial Map so that the contribution our network makes towards the delivery of Sandwell’s Spatial Strategy and overall Sandwell Local Plan Vision 2041 can be fully appreciated and realised by citizens and developers alike. (ACTION REQUEST)

3. Development Strategy

As set out within our response to the Issues and Options consultation the Trust welcomes the retention and enhancement of a canal-specific policy (Policy SNE6) within the Reg 18 SLP and as such does not seek the addition of replica canal-specific wording within every other relevant policy wording within the SLP. However, where specified we request cross-referencing to Policy SNE6 as identified in the requests below as a means of identifying the needs and opportunities of the waterway network in delivering Sandwell’s vision.

Specifically, the Trust notes Policy SDS2 – Regeneration in Sandwell and the extent to which the Dudley Port and Tipton, Wednesbury and Smethwick Regeneration Areas interact with the canal network. The Trust welcomes mention of our network within both policy wording and justification text for these areas and requests continued engagement through existing (e,g, Smethwick-Birmingham Corridor Framework and Rolfe Street Masterplans) and newer stakeholder engagement groups and the implementation and development of associated Supplementary Planning Documents resulting throughout the plan period (ACTION REQUEST).

Placemaking – achieving well-designed places

The Trust requests incorporation of cross-referencing to Canal Policy SNE6 within the justification text to Policy SDS4 - Achieving Well-designed Places, for example at para 3.64, to reflect the role active incorporation of the canal network can have in delivering good design, well-being, and sustainable travel and the need to take the canal into account when designing new development near it (ACTION REQUEST).

We believe protection and enhancement of the canal network through design, layout and integration into developments should always be an expectation for canal-side sites, as this is consistent with the NPPF chapters on design and the historic environment and the National Design Guide on integrating nature and public spaces. The avoidance of fly-tipping and anti-social behaviour reduction can also be achieved through the use of good design techniques. Future local Design Codes can also provide developers with detailed guidance encouraging high quality design, following on from the principles advocated within the National Design Guide and Design

Code. Given the importance and extent of canals within the borough such codes will need to address waterside developments specifically and various key design principles for successful canal-side developments could be outlined within them, including creating activation with the canal, natural surveillance and appropriate landscaping. The Trust requests consultation on any local design codes which are to be developed (ACTION REQUEST). We acknowledge that positive place-making next to a canal, waterway or water body is often site-specific on a case- by-case basis, and therefore early consultation with the Trust is recommended to receive guidance on the best approach to achieving good design. This could be through stakeholder-led master planning approaches or through individual pre-application engagements. The Trust requests on-going engagement from the Council on submitted pre-application enquiries, and can also encourage developers to seek pre-application advice from us direct:

https://canalrivertrust.org.uk/specialist-teams/planning-and-design/our-statutory-consultee-role/what-were- interested-in/pre-application-advice (ACTION REQUEST)

Cultural Facilities and the Visitor Economy

The Trust welcomes inclusion of the canals within both Policy SDS5 - Cultural Facilities and the Visitor Economy and its justification text.

Green and Blue Infrastructure

The Trust welcomes inclusion of the canals within Policy SDS7 - Green and Blue Infrastructure in Sandwell and its introductory and justification texts. We also request partner engagement with the Council in the forthcoming preparation, adoption and implementation of a Green Infrastructure Strategy as identified in Policy SDS5 sub- section 1a.

The Trust reiterates its Issues and Options advice in relation to Green Infrastructure improvements, “There are opportunities for developers and other agencies to contribute towards further GI improvements through a variety of mechanisms, such as developer contributions through the planning process, corporate partnerships https://canalrivertrust.org.uk/donate/partner-with-us/corporate-partnerships or adopting a section of canal https://canalrivertrust.org.uk/donate/partner-with-us/volunteering-in-partnership . Improvements could also be made through the design of canal-side developments providing open space and landscaping adjacent to the waterside. Any future policy should acknowledge such opportunities and will need to set out the requirements for GI developer contributions consistent with para 34 of the NPPF.

GI Improvements could also be made through the provision of recreation facilities for use by the public. In the context of the canal network this could range from paddle craft launching provision and fishing pegs, including wheelchair accessible pegs, to larger visitor attractions, such as at the Roundhouse (albeit not an example within Sandwell), which provides for guided tours, visitors centre with exhibitions, events, and a café within a canal-side Grade II* Listed Building.

The Plan should recognise that GI improvement opportunities can come about through future development providing a policy framework for securing improvements whether that be through the design and layout of a site, through financial contributions or other means. It is also important to acknowledge that the quality of GI is dependent on its ongoing maintenance, which should be addressed in policy and considered early on at the design stage, to ensure it continues to provide benefits for users.”

4. Sandwell's Natural and Historic Environment

Nature Conservation

This section contains a number of policies in relation to Nature Conservation (SNE1), Protection and Enhancement of Wildlife Habitats (SNE2 including Biodiversity net gain, Local Nature Recovery Network Strategy, and Local opportunities for habitats and wildlife); Provision, Retention and Protection of Trees, Woodlands, And Hedgerows (SNE3); Geodiversity and the Black Country UNESCO Global Geopark (SNE4); and The Rowley Hills (SNE5).

In relation to Policy SNE2 – Protection and Enhancement of Wildlife Habitats the Trust considers that the value of the canal network to Biodiversity Net Gain (BNG) will manifest itself as the implementation of BNG gains traction in 2024 and beyond. For example, canals are part of the local Biodiversity Action Plan (BAP) and as such will provide an increasing value and essential role in the Local Nature Recovery Strategy. Canals more broadly play a crucial role within Sandwell for nature conservation and provide large populations of urban dwellers with access to nature. As such Sandwell's canals should be recognised for the crucial role they facilitate in priority species movements and recovery through the West Midlands.

More specifically, and as an example, the Great Canal Orchard project potentially includes spaces for BNG orchards both as pockets and linear habitats along the canal, incorporated into developments where national priority habitats are not already present. Orchard trees also provide air quality improvements, a role in flood prevention, shade for climate adaption, free healthy fruit resources for communities, and potential for green economy gain if scaled up. Species recovery strategies under the Environment Act 2021 consider species of importance for Sandwell to include water vole, otter and soprano pipistrelle bats along canal corridors. As commented elsewhere in this response, water quality should be protected and improved, air quality must be protected from degradation and more broadly improved, and dark corridors should be protected from light pollution where these protected species are present, or could be recoverable.

Accordingly, we seek on-going engagement in the evolution of BNG-related policy wording throughout the plan preparation stages over 2024, including Examination stages (ACTION REQUEST)

Canals in Sandwell – SNE6

The Trust welcomes the inclusion of canal-specific Policy SNE6 – Canals within the draft plan, and further that it enhances the previous ENV4 policy wording within the adopted Black Country Core Strategy. In particular, clear reference has been added in relation to the importance of assessing impact on structural integrity, maintaining opportunity for canal restoration, and in identifying the role the canal network can play in delivering good design. We further welcome mention of delivery of integrated sustainable travel through towpath and way-faring enhancements. In relation to design quality, the canal network presents also opportunities for positive placemaking and the reduction of anti-social behaviour.

In terms of additions the Trust requests the following:

- Amend ‘reinstate and/or upgrade towpaths,’ to ‘reinstate, introduce and/or upgrade towpaths and access points’ within sub-heading 2(g)
- Add ‘To be delivered through the reasonable use of planning conditions or S106/CIL obligations’ to the end of 2(g)
- Add 2(h) for ‘use of canals for surface water management purposes, provided that SuDS and other mitigation measures are built into a scheme’
- Add into 3(a), “and delivery of the wider well-being agenda”
- Include an additional sub-section specifying, ‘Facilitate continued access to Trust assets for inspection and maintenance purposes’
- In relation to Residential Moorings, add to 10 that moorings also should not be permitted near existing uses which currently give rise to adverse amenity impacts, noise for example, in accordance with ‘agent of change’ principles
- The justifying text on 4.101 should identify that the assessment of ‘all necessary boating facilities’ should consider bin storage, collection and waste disposal, water and power supplies, and car parking provision

on a case-by-case basis to allow greater flexibility in relation to site-specific needs. Para 4.101 should also state that need for parking and access requirements for residential moorings is to be assessed against other relevant SLP policies and SLP car parking standards on a case-by-case basis.
- The justification text within 4.102 and 4.103 should state that the identified Trust and non-Trust residential mooring sites may not remain in existence for the whole duration of the Plan until 2041, and up-to-date statistics for our own moorings are available from us on request. (ACTION REQUEST)

The Historic Environment

This section includes a number of policies in relation to Listed Buildings and Conservation Areas (SHE1), Development in the Historic Environment (SHE2), Locally Listed Buildings (SHE3), and Archaeology (SHE4).

In particular the Trust welcomes mention of ‘the canal network and its associated infrastructure, surviving canal- side pre-1939 buildings and structures, and archaeological evidence of the development of canal-side industries and former canal routes’ within SHE2 5e. Similarly, we welcome the addition of Chances Glassworks, Smethwick Engine Arm Aqueduct, and Smethwick Engine House within the list of Scheduled Ancient Monuments within Sandwell and acknowledges the protection afforded to them under SNE4 - Archaeology.

The Trust also requests cross-referencing to Canal Policy SNE6 within the justification text to this section of the Policy SHE2 – Development in the Historic Environment, to reflect the role of canal network can have in conserving locally distinctive historic aspects of Sandwell, both designated and non-designated (ACTION REQUEST).

5. Climate Change

This section contains a number of policies in relation to Increasing efficiency and resilience (SCC1), Energy Infrastructure (SCC2), Managing Heat Risk (SCC3), Flood Risk (SCC4), Sustainable drainage and surface water management (SCC5), and Renewable and Low Carbon Energy and BREEAM Standards (SCC6).

The Trust notes that retrofitting is only briefly mentioned in Section 5, para 5.15, of the justification text to Policy SCC1 – Increasing efficiency and resilience, namely: ‘where possible and appropriate, the retrofitting of residential and other properties to achieve higher standards of energy and water efficiency will be encouraged and supported.’ The Trust considers that for a high proportion of heritage property stock, as well as modern up to the early 21st century stock (prior to BREEAM standards), retrofitting will be the substantial mainstay for making a property energy efficient and sustainable. The design and installation of solar panels, heat source pumps and triple glazing etc., their position on a building or location on site can be significantly detrimental, and risks degrading a building that makes a positive contribution through its architectural attributes or local distinctiveness. Accordingly, we request that para 5.15 be augmented to reflect this reality and to require that development proposals ensure that the chosen approach considers any consequential visual impacts on the canals' setting, heritage significance, or amenity value. (ACTION REQUEST). Reference is also drawn to advice contained within Historic England Advice Notes, in particular that to be found within the HEAN on Heat Pumps within Historic Buildings (2023) ( https://historicengland.org.uk/advice/find/latest-guidance/ )

The Trust welcomes mention of the canals as a potential component of heat risk management within Policy SCC3 – Managing Heat Risk, and associated text within para 5.43.

Given the increasing susceptibility of the historic canal network to climate change stress the Trust welcomes the inclusion of ‘there is an extensive canal network throughout the Sandwell area, including culverts and feeder streams’ within 5.48 of the justification text to Flood Risk Policy SCC4. Given this we request that Canal and River

Trust are listed within the bodies to be consulted on site-specific requirements within sub-section 16 of SCC4 and that citizens and developers can access our open source mapping data to identify our assets here:

https://data-canalrivertrust.opendata.arcgis.com/ (ACTION REQUEST).

The Trust also considers that a similar list of bodies to be consulted should be included within the policy text for Policy SCC5 - Sustainable drainage and surface water management, and that Canal and River Trust be listed within them given the risk of polluting ground and surface water to our network, and other watercourse, from the ‘legacy of contaminated land created by heavy industry and extractive activities in Sandwell’ identified in para
5.56 (ACTION REQUEST).

The Trust reiterates its Issues and Options stage advice in relation to flood risk and surface water management, “Subject to the Trust’s owner agreement to technical and commercial details, surface water can potentially be sustainably discharged to the canal network. Water levels in the canal network are managed by the Trust using control structures such as weirs and sluices to maintain a suitable depth for navigation by boats, but also to try to avoid water levels becoming too high in periods of heavy rainfall where runoff from hard surfaces can lead to excess water passing into the canals. Given this, surface water discharge to canals can be a highly effective way of managing local surface water flood risk and may allow development of sites that would otherwise not be viable due to concerns with alternative site drainage options.

SUDs adjacent to or connecting to canals will need to be maintained to ensure they function as they were designed to and do not cause pollution or excess flows. In the interests of local flood risk management and the protection of water quality, where a site proposes SUDs, this system should be designed in a way that if it were to fail the canal would not be inundated with water.

In many areas canals will also provide developers with opportunities to dispose of surface water drainage, noting that drainage to surface water bodies, such as canals is higher up the drainage hierarchy than discharge to sewers and drains. With the right investment they could also play a role in some places in mitigating flood risks. Accordingly, canals as an option for surface water drainage should be listed within forthcoming drainage policies provided that SuDS and appropriate pollution control and mitigation measures are built into the development scheme.”

Finally, the Trust welcomes inclusion of our network within Policy SCC6 – Renewable and Low Carbon Energy and BREEAM Standards sub-section 5 and justification text para 5.61 in relation to the potential for use of our network for water-source heat pumps.

6. Health and Wellbeing in Sandwell

This section contains a number of policies in relation to Health Impact Assessments (SHW1), Healthcare Infrastructure (SHW2), Air Quality (SHW3), Open Space and Recreation (SHW4), Playing Fields and Sports Facilities (SHW5), and Allotments (SHW6),

Given our request above that the canal network’s contribution to the broader well-being agenda be explicitly included with the wording of Policy SNE6 - Canals in Sandwell, the Trust requests the incorporation of cross- referencing to Canal Policy SNE6 within the introductory text to this section, for example after para 6.11. (ACTION REQUEST).

In relation to Air Quality the Trust welcomes the inclusion of ‘Emissions from Construction Sites’ within the wording of policy SHW3 (sub-section 7) as this aligns to our regular requests for Construction and Environmental Management Plans within our statutory consultation responses to planning applications.

The Trust also welcomes mention of canal corridors within para 6.50 of the justification text for Policy SHW4– Open Space and Recreation and the restoration of towpaths as a component of enhancing green networks through the mechanisms of planning conditions and obligations.

7. Sandwell's Housing

The Trust is content that canal-specific implications arising from the Council’s draft Housing need and supply policies and allocated sites can be adequately addressed through the issues-specific polices identified elsewhere in this response, and in particular the use of Policy SNE6 - Canals in Sandwell (as requested amendments above refer). However, inclusion of the canal network within relevant policy and allocation maps (ACTION REQUEST) will enable developers to identify canal-related constraints at an early stage and engage with us accordingly, ideally at pre-application stage. The Trust therefore requests on-going engagement from the Council on submitted pre-application enquiries, and also encourages developers to seek pre-application advice from us direct:

https://canalrivertrust.org.uk/specialist-teams/planning-and-design/our-statutory-consultee-role/what-were- interested-in/pre-application-advice (ACTION REQUEST).

See also comments on Appendix B below.

In relation to towpath improvement aspirations the Trust has identified the Tame Valley Canal, Walsall Canal and the Old Wednesbury Canal as priority areas for upgrading over the plan period, and will seek to request Section 106/CIL monies from appropriate schemes where they arise in proximity to these stretches of the network.

The Trust also advises that it has some specific critical assets within the Sandwell area such as Spouthouse Embankment, Titford Pools feeder, and Netherton Tunnel which will require careful assessment of allocations for impact and mitigation under the provisions of SNE6 – Canals, particularly in relation to matters of land stability and infrastructure maintenance, cross-referenced with historic coal mining activity within Sandwell.

8. Sandwell’s Economy

The Trust is content that canal-specific implications arising from the Council’s draft Economy policies and allocated sites can be adequately addressed through the issues-specific polices identified elsewhere in this response, and in particular the use of Policy SNE6 - Canals (as requested amendments above refer). However, inclusion of the canal network within relevant policy and allocation maps (ACTION REQUEST) will enable developers to identify canal-related constraints at an early stage and engage with us accordingly, ideally at pre- application stage. The Trust requests on-going engagement from the Council on submitted pre-application enquiries, and also encourages developers to seek pre-application advice from us direct:

https://canalrivertrust.org.uk/specialist-teams/planning-and-design/our-statutory-consultee-role/what-were- interested-in/pre-application-advice (ACTION REQUEST).

See also comments on Appendix C below.

9. Sandwell's Centres and 10. West Bromwich

The Trust is content that canal-specific implications arising from the Council’s draft Centres policies and allocated sites can be adequately addressed through the issues-specific polices identified elsewhere in this response, and in particular the use of Policy SNE6 - Canals (as requested amendments above refer). However,

inclusion of the canal network within relevant policy and allocation maps (ACTION REQUEST) will enable developers to identify canal-related constraints at an early stage and engage with us accordingly, ideally at pre- application stage. The Trust requests on-going engagement from the Council on submitted pre-application enquiries, and also encourages developers to seek pre-application advice from us direct:

https://canalrivertrust.org.uk/specialist-teams/planning-and-design/our-statutory-consultee-role/what-were- interested-in/pre-application-advice (ACTION REQUEST).

See also comments on Appendix D below.

11. Transport

The Section contains a number of polices in relation to transportation, including the promotion of active and sustainable travel through modal shift. The canal network can provide robust opportunities for promotion of these agendas and the Trust welcomes the inclusion of the canal network within sub-section 3 of Policy STR5 – Creating Coherent Networks for Cycling and Walking. However, the Trust requests inclusion of the canal network within Figure 13 - Transport Key Diagram, overlaying with cycle and walking networks, to enable its role in the delivery of sustainable transport and modal shift to be more readily identified in conjunction with the implementation of Policy STR5 – Creating Coherent Networks for Cycling and Walking (ACTION REQUEST).

Similarly, the Trust welcomes mention of encouragement of use of the waterways within sub-section 1 of Policy STR4 – The Efficient Movement of Freight and Logistics as a sustainable alternative to road-based freight movement.

12. Infrastructure and Delivery

The Trust welcomes mention of the potential for use of canal towpaths for the provision of 5G network infrastructure within sub-section 3d of Policy SID1 - Promotion of Fibre to the Premises and 5G Networks and requests additional wording as follows, ‘To be delivered through the reasonable use of planning conditions or S106/CIL obligations.’ (ACTION REQUEST).

13. Minerals and Waste

The Trust is content that canal-specific implications arising from the Council’s draft Minerals and Waste policies and allocated sites (identified as being preferentially within Local Employment Sites) can be adequately addressed through the issues-specific polices identified elsewhere in this response, and in particular the use of Policy SNE6 - Canals (as requested amendments above refer). However, inclusion of the canal network within relevant policy and allocation maps (ACTION REQUEST) will enable developers to identify canal-related constraints at an early stage and engage with us accordingly. The Trust therefore requests on-going engagement from the Council on submitted pre-application enquiries, and also encourages developers to seek pre-application advice from us direct:

https://canalrivertrust.org.uk/specialist-teams/planning-and-design/our-statutory-consultee-role/what-were- interested-in/pre-application-advice (ACTION REQUEST).

See also comments on Appendix E and Appendix F below.

14. Development Constraints and Industrial Legacy

The Trust is content that canal-specific implications arising from the Council’s draft Development Constraints and Industrial Legacy policies can be adequately addressed through the issues-specific polices identified elsewhere in this response, and in particular the use of Policy SNE6 - Canals (as requested amendments above refer). Accordingly, we request the incorporation of cross-referencing to Canal Policy SNE6 within the introductory text to this section, for example after para 14.5. or more specifically in the justification texts for Policies SCO2 - Pollution Control and Policy SCO3 - Land contamination and instability (ACTION REQUEST).

Similarly, we request para 14.17 of the justification text lists potential receptors of light pollution impact and includes the canal network within that list. (ACTION REQUEST).

15. Development Management

The Trust is content that canal-specific implications arising from the Council’s draft Development Management policies can be adequately addressed through the issues-specific polices identified elsewhere in this response, and in particular the use of Policy SNE6 - Canals (as requested amendments above refer). Accordingly, we request the incorporation of cross-referencing to Canal Policy SNE6 within the introductory text to this section, or more specifically in the justification texts for Policy SDM1 – Design Quality, Policy SDM2 – Development and Design Standards, and Policy SDM3 – Tall Buildings and Gateway Sites.

In relation to design quality, the canal network also presents opportunities for positive placemaking and the reduction of anti-social behaviour as commented on above in relation to Policy SDS4 - Achieving Well-designed Places.

In relation to tall buildings and gateway sites the Trust requests that Policy SDM3 – Tall Buildings and Gateway Sites sub-heading 5(c) specify that this relates to both designated and non-designated heritage assets (ACTION REQUEST). The associated justification text should also contain reference to the need for impact of tall buildings within typically lower height profile canal environments to be a material consideration, to enable assessment of impact on the prevailing visual environment and character of the canal network (ACTION REQUEST).

Delivery, Monitoring, and Implementation

The Trust requests opportunity to engage with the Council on an on-going basis throughout the plan period to secure the benefits to the canal network envisaged by the Plan’s suite of policies (ACTION REQUEST).

Furthermore, the Trust notes that use, delivery and monitoring of Section 106 and CIL payments is not included within the policy wording and queries its absence (ACTION REQUEST).

APPENDIX A – Nature Recovery Network and Biodiversity Net Gain

The Trust seeks to maintain engagement with the Council on the evolution of BNG delivery within Sandwell in its forthcoming formative roll-out stages (2024/25) and thereafter on an implementation basis throughout the plan period (ACTION REQUEST).

APPENDIX B - Sandwell Site Allocations

SH7 - The Boat Gauging House and adjoining land, Factory Road, Tipton – development proposals should have particular regard to the heritage assets on site in scale, form and impact on character

SH14 - Langley Maltings, Western Road, Langley – development proposals should have full regard to adjacent heritage assets in scheme layout, design and appearance

SH19 - Land at Horseley Heath, Alexandra Road, and Lower Church Lane, Tipton – development proposals where adjacent to the canal should have full regard to the nature conservation needs of the SLINC

SH21 - Dudley Road East, Oldbury – development proposals where adjacent to the canal should have full regard to the nature conservation needs of the adjacent SINC

SH30 - Land to east of Black Lake, West Bromwich - development proposals where adjacent to the canal should have full regard to the nature conservation needs of the adjacent SINC

SH35 - Rattlechain site - land to north of Temple Way, Tividale – development proposals where adjacent to the canal should have full regard to the land contamination, water quality and land stability issues arising from this site

SH36 - Land between Addington Way and River Tame, Temple Way (Rattlechain) – comments as SH35 above

SH41 - North Smethwick Canalside – development proposals where adjacent to the canal should pay full regard to Smethwick-Birmingham Corridor Framework (2022) and the Rolfe Street Masterplan (2023)

SH53–58 – various sites within the Part of Grove Lane Masterplan – comments as SH41 above

SM1 - Chances Glass Works, Land west of Spon Lane, north of Palace Drive – development proposals should have particular regard to the heritage assets on site in scale, form and impact on character

APPENDIX C – Employment Allocations – vacant land

SEC1-10 - Brandon Way/ Albion Road - development proposals where adjacent to the canal should have full regard to the land stability issues of the canal


APPENDIX D – West Bromwich Masterplan and Carter's Green Framework Plan

The Trust has no comment to make on these proposals.

APPENDIX E – Strategic Waste Sites

The Trust notes the identification of the existing Strategic Waste Sites within the Black Country authorities, (rather than just Sandwell) and raises no additional comments subject to statutory consultation on any forthcoming planning applications on any of these sites within our notified areas, and assessment in line with the emerging Policy SNE6 - Canals (for any sites within Sandwell) if applicable.

APPENDIX F – Minerals

The Trust notes the identification of existing Key Mineral Infrastructure sites and raises no additional comments

subject to statutory consultation on any forthcoming planning applications on any of these sites within our notified areas, and assessment in line with the emerging Policy SNE6 – Canals, for sites within Sandwell, if applicable.

APPENDIX G – Site allocations - changes

The Trust notes the changes in allocations, largely from housing to employment uses, and raises no additional comments subject to statutory consultation on any forthcoming planning applications on any of these sites within our notified areas, and assessment in line with the emerging Policy SNE6 - Canals.

It is noted that in principle some employment uses may give rise to additional assessment needs and mitigation requirements in relation to operational pollution control e.g. air and water quality.

APPENDIX H – Rowley Hills

The Trust has no comments to make on the proposed Extent of Strategic Open Space Designation.

APPENDIX I – Sandwell Local Plan Housing Trajectory

The Trust has no comments to make.

APPENDIX J – Sandwell Playing Pitch and Outdoor Sports Strategy (extract)

The Trust has no comments to make.

APPENDIX K – Open space and play provision standards for development

The Trust has no additional comments to make on the proposed standards.

APPENDIX L – Transportation Policy

The Trust has no comments to make on the proposed parking standards.

APPENDIX M – Glossary

The Trust has no comments to make on the proposed definitions.

Sandwell 2041: Spatial Vision, Priorities and Objectives

The WMHAPC welcomes the ‘Local Plan Vision 2041’ set out on pages 33 and 34 in that it seeks to ensure that “Affordable, social and local authority-provided homes are available to those who need them”.

Draft Housing Need and Duty to Co-operate

Paragraph 3.13 on page 52 of the Draft Local Plan sets out a considerable shortfall in the ability of the authority to provide for the housing needs of its residents:

“This Plan aims to allocate sites for 11,167 new homes in Sandwell over the period 2022-41, compared to a local housing need of 29,773 (2022 – 2041) homes; this identifies a shortfall of 18,606 homes.” (Emphasis added).

Given the significant shortfall, the WMHAPC is concerned that the Council is progressing the draft strategic housing policies without showing that neighbouring authorities can accommodate the shortfall in the number of homes needed while also addressing their own housing needs. This is an acutely important matter that should be resolved under the Duty to Cooperate and also set out within a Statement of Common Ground by the parties involved.

While it appreciated that efforts have been made to work collaboratively with other Black Country Authorities, the Sandwell Local Plan - Regulation 18 Duty to Co-operate Statement (November 2023) still leaves a high level of uncertainty as to where the shortfall in housing can be addressed. The statement demonstrates that existing offers from neighbouring authorities in meeting wider-than-local housing needs result in the capacity of up to 8,000 homes, which falls far short of the 18,606 homes required in Sandwell.

The WMHAPC is of the view that further work between Sandwell Borough Council and neighbouring authorities is needed before the strategic housing policies contained in the Draft Local Plan are able to provide for the housing need of the authority and subsequently be found ‘sound’ at examination by being ‘positively prepared’ and ‘effective’, as set out by Paragraph 35 of the NPPF (2023):

“Plans are ‘sound’ if they are:

a) Positively prepared – providing a strategy which, as a minimum, seeks to meet the area’s objectively assessed needs1; and is informed by agreements with other authorities, so that unmet need from neighbouring areas is accommodated where it is practical to do so and is consistent with achieving sustainable development;
b) Justified – an appropriate strategy, taking into account the reasonable alternatives, and based on proportionate evidence;
c) Effective – deliverable over the plan period, and based on effective joint working on cross- boundary strategic matters that have been dealt with rather than deferred, as evidenced by the statement of common ground; and
d) Consistent with national policy – enabling the delivery of sustainable development in accordance with the policies in this Framework and other statements of national planning policy, where relevant.”

At present the Draft Plan does not provide for the area’s objectively assessed need and there are no formal agreements in place that have been set out in evidence which demonstrated unmet need can be met in neighbouring authorities.

Draft Policy SDS6 – Sandwell’s Green Belt

Policy SDS6 sets out Sandwell’s policy approach to the Green Belt. Supporting text to draft Policy SDS6 at paragraph 3.85 states:

“It is the Council’s view that there are no exceptional circumstances in Sandwell that would justify amending current boundaries and releasing any areas of green belt for new development. While there is an identified shortfall of land suitable for housing and economic development, this of itself does not outweigh the need to maintain the openness and permanence of the green belt within Sandwell, especially given the densely developed and urban character of most of the rest of the borough.”

Paragraph 141 of the NPPF (2023) states that before concluding that exceptional circumstances exist to justify changes to Green Belt boundaries, all other reasonable for meeting its identified need for development should be considered. Paragraph 141 goes on to state “This will be assessed through the examination of its strategic policies, which will take into account the preceding paragraph, and whether the strategy:

a) makes as much use as possible of suitable brownfield sites and underutilised land;
b) optimises the density of development in line with the policies in chapter 11 of this Framework, including whether policies promote a significant uplift in minimum density standards in town and city centres and other locations well served by public transport; and
c) has been informed by discussions with neighbouring authorities about whether they could accommodate some of the identified need for development, as demonstrated through the statement of common ground.”

In relation to points a), b) and c) of paragraph 141 of the NPPF (2023) and the discussion above relating to the duty-to-cooperate, the ability of neighbouring authorities to accommodate the shortfall in the housing needs of Sandwell remains uncertain.

Similarly, the Urban Capacity Appraisal (November 2023) demonstrates the limited capacity of Sandwell in meeting the housing needs of the authorities’ residents within its Urban Areas and the limited benefit of increasing development density would have given the scale of the existing shortfall.


1 “Where this relates to housing, such needs should be assessed using a clear and justified method, as set out in paragraph 61 of this Framework.”


Considering the above, the statement that there are no exceptional circumstances to warrant a Green Belt Review is somewhat premature and open to question given the Council has no set plan for how the shortfall in housing needs is going to be met.

While the limited extent of Sandwell’s Green Belt and historical and environmental significance of Sandwell’s Green Belt is appreciated, a more levelled approach to meeting housing need within Sandwell’s Green Belt may be more appropriate with the allocation of housing sites to directly address the housing needs of local communities.

Draft Policy SHO4 - Affordable Housing

Part 6 of draft Policy SHOU4 seeks to secure affordable housing in perpetuity. There is currently no wording in the NPPF (2023), or within Planning Practice Guidance, that requires all affordable housing to be secured in perpetuity. National policy is silent on the requirement to secure affordable housing in perpetuity, other than the specific reference to rural exception sites in Annex 2 of the NPPF (2023), which states:

“Rural exception sites: Small sites used for affordable housing in perpetuity where sites would not normally be used for housing. Rural exception sites seek to address the needs of the local community by accommodating households who are either current residents or have an existing family or employment connection. A proportion of market homes may be allowed on the site at the local planning authority’s discretion, for example where essential to enable the delivery of affordable units without grant funding.” (Emphasis added)

This principle is appropriate and supported by the WMHAPC as it helps to secure land for delivery of affordable housing in rural areas where housing delivery would otherwise not be supported. However, a blanket approach to securing affordable housing in perpetuity is not supported for a number of reasons.

Firstly, it restricts lenders’ appetite to fund development, as mortgage provision becomes more difficult with greater restrictions on individual properties. Private companies will not typically invest in developments if there is no prospect of realising the original investment and any returns. As such, affordable housing should only be secured in perpetuity on rural exception sites. The WMHAPC requests that, in line with national planning policy, the policy wording of draft Policy SHOU4 changed to only relate to rural exception sites.

The WMHAPC is pleased that the supporting text to draft Policy SHOU4 at 7.25 on page 185 recognises the ongoing affordability challenges facing residents “Rising house prices and low average incomes over a long period have made market housing increasingly unaffordable for many Sandwell households”. Paragraph 7.25 goes on to set out an evidence-based approach to providing a tenure mix that reflects the needs of the authority:

“The Black Country HMA (2021) identifies a requirement for 16.9% of new homes to be made available for affordable or social rent, 7% to be shared ownership and 8.2% to be First Homes. To meet this level of need over the Plan period, 32.1% of new housing would have to be affordable. Sandwell aspires to provide this level of affordable housing, through a range of schemes delivering up to 100% affordable housing funded through grant and other financial sources and supported by developer contributions where viable.”

The WMHAPC welcomes a policy position that allows for a reasonable level of flexibility within the tenure of affordable housing sought. This would facilitate development viability and the delivery of a wide range of affordable housing products in line with local needs.

Paragraph 7.28 of page 186 explains:

“Beyond national requirements, the tenure and type of affordable housing required over the Plan period will vary according to local housing need and market conditions. In general, a mix of tenures will be sought on all sites of ten homes or more, to help create mixed communities across the borough.”


The WMHAPC therefore asks the Council to provide further guidance and clarity on the source and type of local housing need evidence that would appropriately justify the tenure mix of affordable housing products to be provided.

As previously advocated for by the WMHAPC, the inclusion of a rural exception site policy would help bring forward housing in constrained rural areas of Sandwell where land may not normally be suitable for housing. The WMHAPC therefore strongly encourages the inclusion of a rural exception site policy. Paragraph 78 of the NPPF (2023) explains that “In rural areas, planning policies and decisions should be responsive to local circumstances and support housing developments that reflect local needs. Local planning authorities should support opportunities to bring forward rural exception sites that will provide affordable housing to meet identified local needs, and consider whether allowing some market housing on these sites would help to facilitate this.” Such sites are an exception to inappropriate development within the Green Belt as set out by paragraph 149 of the NPPF (2023).

Draft Policy SDM2 – Development and Design Standards

As detailed in our response to the Sandwell Local Plan Issues and Options consultation, the WMHAPC’s stance on the Nationally Described Space Standard remains unchanged. As set out above and in line with paragraph 35 of the NPPF (2023) in order to be found sound at examination policies should be appropriately “Justified – an appropriate strategy, taking into account the reasonable alternatives, and based on proportionate evidence”.

Among tests of viability and timing Planning Practise Guidance requires the application of Nationally Described Spaces Standards (NDSS) to based on an established need: “evidence should be provided on the size and type of dwellings currently being built in the area, to ensure the impacts of adopting space standards can be properly assessed, for example, to consider any potential impact on meeting demand for starter homes.”

It is understood that the Black Country Housing Market Assessment (March 2021) identifies the need for accessible and adaptable housing across the housing market area. However, there is currently an absence in the need for such housing in Sandwell itself. For draft Policy SDM2 to be found ‘sound’, an evidenced need for NDSS should be established and assessed at a local authority level.

The draft Local Plan contains locally specific policies and strategic / non-strategic site allocations to support the housing and employment requirements across Sandwell for the plan period of 2022 to 2041. We note that when adopted, this Local Plan will

replace the Black Country Core Strategy (adopted in 2011), the Sandwell Site Allocations and Development Plan Document (the SAD, adopted in 2012) and Area Action Plans for West Bromwich, Smethwick and Tipton. We also note that the Local Plan will incorporate elements of former supplementary planning documents as appropriate and will include details from the West Bromwich Masterplan and Interim Planning Statement.

National Highways agree in principle to the vision and objectives of the Draft Local Plan.

Housing and employment requirements

Based on our review of the Regulation 18 consultation, we note that the housing and employment requirement has changed slightly since the ‘Issues and Options’ consultation. The draft Local Plan consultation document outlines that there is a requirement to deliver 185 hectares of employment land and 29,773 dwellings over the plan period up to 2041. We note that the housing and employment requirement have primarily been identified based on the National Standard method on housing projections and Economic Development Need Assessment (EDNA) respectively.

While the housing demand stands at 29,773 dwellings, supply for 11,167 dwellings is expected to come through the adoption of the upcoming Local Plan, thereby leaving an unmet need for 18,606 homes. We appreciate that the Council will liaise with the neighbouring authorities to help accommodate some of Sandwell’s unmet housing needs through their own housing provision. National Highways welcomes further information on this once the Council identifies the working arrangement and we look forward to understanding the impacts from these developments on the SRN in the area as you progress into Regulation 19.

The quantum of employment land intended to be delivered through the Local Plan is 42ha, with a shortfall of 143ha. We note that the housing and employment supply identified in the Draft Local Plan has considered the existing planning applications, sites under construction, and windfall allowance.

We note that a Sustainability Appraisal process has been undertaken to streamline the different housing and employment growth options and acknowledge that the allocation of sites has taken into consideration the location, availability of greenfield/ brownfield sites, and sustainability elements through a ‘Balanced Green Growth’ approach. We note that the new development allocations are focussed within the Regeneration Areas and Centres, which is likely to lead to a more efficient use of land and in improving the sustainable travel options.

Sustainable transport

We acknowledge that the Draft Local Plan has specifically focussed on policies to tackle climate change by reduction in carbon emissions, improving sustainable modes of transport, development of energy efficient buildings, etc.

Policy STR3 sets out the need for planning applications to demonstrate how the development ensures adequate accessibility and connectivity, measures to improve sustainable transport, and requirement to produce a Transport Assessment and Travel Plan where necessary, and we welcome this. References have been made in Policy STR3 on how developers are expected to create an environment that encourages walking, cycling and public transport when designing their schemes.

Policies STR4 (The Efficient Movement of Freight and Logistics), STR5 (Creating Coherent Networks for Cycling and Walking) and STR6 (Influencing the Demand for Travel and Travel Choices) sets guidelines on improving the sustainable transport. We appreciate the effort taken in developing these policies and consider this to be aligned with the expectations set out in the National Planning Policy Framework and National Highways’ Net Zero Strategy.

Potential impact on the SRN

Based on our review of the Draft Local Plan and the Policies Map, we have identified a few sites from that may have the potential to impact the operation of the SRN in the area. The table overleaf (Table 1) contains the list of potential new housing sites that are likely to have an impact on the SRN in terms of traffic and / or boundary related matters. Please note that we have not included the employment sites in this table as the anticipated land-use and size of developable area are unavailable at this stage. Nonetheless, impacts are expected from employment sites identified in Policy SEC 1- 2,3,5,7,9 and 10 as a minimum.

Should the housing sites listed in Table 1 proceed to the final Local Plan, further assessment work may be required to ascertain the impact on the SRN and to determine the need for any mitigation if required. Whilst we have identified the immediate SRN junctions in close proximity to the housing site allocations where a likely impact is anticipated, it should be noted that the assessments should not be limited to these junctions only and a wider extent needs to be considered based on the scale of the proposed development.

Table 1: List of potential new housing allocations in the Sandwell Draft Local Plan (2022 – 2041) likely to have an impact on the SRN in the area (See attachment)

Impact Assessment

Any potential site that is anticipated to have an impact on the SRN in the area is recommended to be subject to consultation with National Highways, and appropriately assessed in line with the Department for Transport (DfT) Circular 01/2022 to determine the extent of their potential impacts on the SRN in the area. Depending on the scale of likely impact on the SRN in the area, the applicant/developer may need to identify suitable mitigation measures (if required). It is to be noted that the cumulative impact of the proposed site allocations also needs to be assessed in line with the Circular for understanding the likely traffic impacts on the SRN in the area in terms of capacity & safety and identifying any possible mitigation measures (if required).

We wish to continue to liaise with Sandwell MBC during the development of the Local Plan to understand which sites will be allocated and the potential impacts of these allocations on the SRN. National Highways recommends that a robust transport evidence base in the form of a Strategic Transport Assessment (STA) be produced to support the development of the Local Plan. To support this key piece of work we would recommend the setting up of a Transport Working Group, who can work with Sandwell MBC as the Local Planning Authority to agree the methodology, assessments and infrastructure requirements to support the Plan’s development and adoption.

Black Country Transport Modelling Report (2023)
We note that the Black Country Transport Modelling Report (2023) has been submitted as an evidence base to support the Local Plan and includes the draft scenario assessment, and we welcome this. We acknowledge that the modelling exercise will further be revised in the future as the Local Plan progresses and we look forward to hearing more on this in the Regulation 19 consultation. We have undertaken a high level review of this report and have the following comments:

1. There isn’t enough information available to understand the list of development allocations considered for the modelling exercise. Tables 2-2 and 2-3 of the report indicate the level of population and employment growth on a high-level basis, however no supporting appendices are available that list the development allocations included. Table 2-1 provides a list of the transport schemes coded within the model, and note that M5 J1 has been included in this list as a highway scheme. However, no further detail on the scope/extent of improvement is available. National Highways request clarification.

2. Table 2.1 details the transport schemes added to form the DS network. Several schemes were not included due to agreement between BCLA and the consultants, “…due to negligible impact on the network.” National Highways request some justification/documentation of these decisions.

3. Based on the information set out in section 1 of the report, it is to be understood that the modelling exercise was undertaken to support the Black Country Plan allocations proposed at the time. Also, the modelling report is dated 10 Jan 2023 and therefore, it's highly unlikely that the current set of development allocations proposed in Sandwell and Dudley Draft LP has been included within the development uncertainty log of this PRISM model. National Highways request clarification.

4. Assumptions are only discussed where they differ from the RC work detailed in the previous stage. Our technical partners, are therefore unable to review the unchanged parameters such as highway generalised cost, PT fare, values of time, vehicle operating cost and bus speed etc.. National Highways request this information is provided.

5. Highway model convergence: delta and link cost stability is achieved, but link flow stability (>98% of link with link flow change <1% for 4 successive iterations) appears to be still improving (Tables 3-3 and 3-4). Stopping conditions appear to be too lenient.

6. Observation on numbers of iterations: the DM scenario appears to reach convergence much quicker than the equivalent DS scenario. This is counter intuitive, as the DM and DS have the same levels of development, with the DS having additional transport schemes. Additional capacity usually aids convergence. National Highways request further information from the model appliers.

7. Highway network statistics: average speeds (calculated by veh-km/veh-hr) decline between the RC and DM and the DM and DS. National Highways request some justification/commentary from the model appliers.

8. Flow difference plots. We note the commentary on page 29 and agree. National Highways request results of investigations into the model noise be supplied.

9. Journey time results seem to show that DS has slightly worse network performance than DM, which would benefit from explanation from the model appliers and National Highways requests this. Some large differences also support the previous comments about model noise.

10. If possible, National Highways requests the models are made available for review.

Infrastructure Delivery Plan – Part 1

Policy STR 1 has identified the need for improvements at M5 J1 and J2 to be delivered during the plan period. Following the identification of the improvement measures, we welcome you to have discussions with National Highways at an early stage.

We note that an Infrastructure Delivery Plan (IDP) – Part 1 (Infrastructure Assessment Need) has been submitted along with the Regulation 18 Draft Local Plan. Part 1 of the IDP reflects an understanding of baseline infrastructure capacity and needs within Sandwell and ensures that the implications of future growth upon infrastructure are understood. We understand that Part 2 of the IDP will include an Infrastructure Delivery Schedule and will be published alongside the upcoming Regulation 19 Pre- submission version of the Local Plan. We appreciate that National Highways will be consulted on any infrastructure improvements identified for the SRN in the area and we look forward to engaging with you at the early stage itself.

For information, there is currently no committed funding for this area within the RIS2 and RIS3 planned period and therefore we are keen to understand the monetary implications and what can and cannot be achieved via developer contributions.

Duty to Cooperate

For any developments which have an impact on neighbouring Local Authorities (LA) National Highways advises a joined-up approach in which National Highways, Sandwell and the other LAs attend joint meetings with the future developer or applicants. This will ensure that the interests of all parties are protected, and a combined solution is derived.

National Highways will actively work with Sandwell MBC to develop and draft a Statement of Common Ground (SoCG) to deal with any strategic cross boundary issues as the Local Plan progresses.

Comments submitted in table form
Para 72 Consider re-phrasing and celebrating the industrial heritage of the area and how that has shaped the local identity of the area.
Para 73 Amend to ‘Registered Parks and Gardens’.
Consider amending heritage conservation areas to conservation areas and the setting of heritage assets or something similar.
Heritage assets themselves are ‘irreplaceable’ and should be conserved and protected and the Local Plan to provide a ‘positive strategy’ for this.
Their need to be protected is more than a recognition of their past use but as how heritage has shaped our identity and how they continue to remain relevant today and can contribute positively to the economy and social wellbeing.

It would be useful in this section if heritage can also be referenced as a component of landscape.
Page 29 Ambition 1 would benefit from a reference to the historic environment and recognising the benefits the historic environment can bring to a community and an area.

Ambition 2 would benefit from a reference to the historic environment and recognising the benefits the historic environment can bring to a community and wellbeing.

Would be worthwhile to check through the ambitions to consider where the historic environment would best be suited.


Page 33/34 We support the vision and the reference to heritage within it. We would welcome a reference to a wider variety of heritage such as heritage landscape/ archaeology etc. rather than a narrower definition of built heritage.
Objective 4/5 We are very supportive of specific objectives that seek to protect the historic environment. We would welcome a reference to heritage landscape and features and ensuring the wide range of historic environment is fully reflected and considered within the Plan.
Objective 15 We support the reference to heritage within this objective.
Para 2.18 We support this paragraph.
Para 2.30 clause C We support this clause.
Policy SDS1 clause j This could be amended to read conserve and enhance the significance of the historic environment, heritage assets and their settings through xxx to ensure that it is the significance of heritage assets that is being considered and protected through the policy text.
Policy SDS2 This policy would benefit from reference to the historic nature of the area and its heritage assets and how conserving the historic environment will be a benefit for the regeneration of the area. It would also be useful to reference the Wednesbury High Street Action Zone during the text regarding regeneration in Sandwell and the benefit of heritage led regeneration programmes. This would help meet the aims of the Plan mentioned earlier in the text. We note a brief reference in paragraph 3.42.
Policy SDS3 clause a) i)

d) We would request re-phrasing of this clause as sites submitted during a Call for Sites exercise will not necessarily be suitable for development. We would request that this is also re-phrased in any other policies that this statement may appear.

Could make reference to the historic environment.
Policy SDS4
Clause 2)

Clause 3)


Clause 9)
We support this reference and recommend additional detail in the Plan on how this can be achieved.

Confusing wording, we would request that this is amended yet we support the principle that the significance of heritage assets including their setting will be protected and it would benefit from a clearer form of words. Also consider re-wording paragraph 3.61.

Historic England are available to engage in this work.
Policy SDS5 clause 11) We support the reference to heritage tourism and welcome its inclusion in the policy, as well as in the justification paragraphs.
Section on Green and Blue Infrastructure from page 74 onwards We would welcome a reference to the historic environment as a component of green and blue infrastructure and the role heritage plays in this area. If you have any questions we are happy to answer.
Policy SDS7 We would request a clause to be included in this policy regarding the historic environment and its function within Green/ Blue Infrastructure.
Policy SNE4 We welcome a policy on the UNESCO Geopark and recognition of the important cultural heritage of the area and the contribution it has made in historical terms. Clause 1) consider re-phrasing to ensure that the significance of the asset and its integrity is fully protected and conserved for future generations.
Policy SNE5 This policy would benefit from strengthening the reference to the historic environment context of the area, including non designated heritage assets and heritage features as well as the heritage components of landscape.

Policy SNE6 We support the recognition of the historic nature of canals as heritage assets/ role within the wider cultural heritage agenda and welcome reference within the policy and justification text in this area.

Section 4, from page 113
We welcome a specific section on the historic environment and specific policies for the historic environment. We welcome the introductory paragraphs to the interesting, rich and varied history of the Black Country and the need to protect this and the value placed on heritage led regeneration.

Para 4.114
Consider the wording in this paragraph and also needs reference to the setting of heritage assets as well as an understanding of the context in which they are in and any relationships they may have with other heritage assets within the area/ heritage landscapes etc.

When considering a suite of policies for the historic environment, it is important to ensure that all the policies are consistent and that all assets are fully supported.

SHE1
We welcome the inclusion of this policy. We would request that there are some amendments to the wording to ensure it is compliant with the National Planning Policy Framework (NPPF), paragraphs 199 to 205 particularly. Heritage assets are an ‘irreplaceable resource’ and efforts should be made to ensure that the significance of heritage assets, including their setting are protected. The policy wording in clause 1 and 2 can be strengthened to reflect this. The wording in clause 3 is welcome and we are supportive of the need for Heritage Impact Assessment. The assessment should also set out the level of harm, how harm can be avoided or mitigated against and any opportunities for enhancement. Clause 4, setting in itself is not a heritage asset but it should be included within the section on significance and can still be a reason for refusal where the setting contributes to the significance of an asset, but will be affected by proposed development. Recording the loss of any heritage asset/ features on the Historic Environment Record (HER) would also be beneficial to include within this policy. Consider the wording for clause 5 to ensure the protection of a Conservation Area. We would recommend deleting clause 6. Paragraph 4.121 relates to this paragraph also.

SHE2

Similar to comments above, ensure that the policy is NPPF compliant and that it seeks to protect and conserve the historic environment and sets out where applications will be refused. As referenced the historic environment is an ‘irreplaceable resource’ and the NPPF sets out clearly how to deal with harm and how if necessary to apply the tests of harm. Clause 1 for example requests that heritage informs proposals and is considered; there should be a clause that states that harm to heritage will be refused unless xx. Again, clause 2 refers to the need to inform proposals which is beneficial, yet there needs to be wording inserted to prevent harm to the historic environment and conserve their significance, including setting.

Where ‘historic assets’ are referenced this should be amended to state ‘heritage assets’.
Clause 3, heritage assets should be protected as set out in the NPPF and relevant legislation.

Clause 5, delete ‘aim’. The policy wording should be strengthened to ensure that heritage assets are protected and conserved in Sandwell. The examples used are useful and provide a context for the type of heritage within the Borough; it would be beneficial to ensure that this describes some examples only and reference the relevant heritage evidence base that prospective developers will need to consider in full.

It would be beneficial to have a clause that relates to the need for appropriate qualified individuals undertaking assessment work, that the Historic Environment Record should be considered as a minimum, that views analysis is a useful tool to consider in the wider process etc. for all proposals which could affect heritage.


Para 4.123
Delete ‘ancient’.

It would be useful to provide some additional information about what a heritage impact assessment could include.
SHE3
Consider referring to significance generally in this clause. It would be useful to have a link to the Sandwell Local List. We are supportive of a Local List and welcome this.

SHE4
Considering re-phrasing the opening clause to ensure that the significance of archaeological heritage assets are protected and where possible enhanced.

Development proposals which cause harm to heritage assets should be refused unless the specifications set out in the NPPF are met. We consider that the wording should reflect this. There also needs to be consideration of non designated archaeology that could be of national significance. Ensure that heritage assets are referred to in line with the relevant clauses of Section 16 of the NPPF. A separate clause for archaeological investigation would be useful and to set out how it applies to heritage assets. Any archaeological investigation should be carried out by an appropriate and qualified professional and a programme of works agreed by the Council’s archaeology officer. A separate clause for recording would be beneficial. Clause 5 we would anticipate that all relevant information would be provided for the Council to assess the level of harm and to then make an informed decision within the context of the requirements of the NPPF.

4.133/34
Additional information would be beneficial.
Consider re-ordering the policies to have a historic environment policy first, and then specific policies on asset type, where relevant.

Section 5 Historic England are supportive of a section on Climate Change within the Plan. We enclose a link to some relevant publications considering the historic environment and climate change that may be useful to understand in the context of the Local Plan.

https://historicengland.org.uk/advice/climate-change/

Under this section it would be useful to consider how the historic environment can contribute to the climate change agenda, which measures are appropriate in the context of the historic environment and how heritage assets need to be considered. There may also be times when climate change proposals such as solar farms or wind turbines may not be an appropriate solution if it affects the significance of heritage assets and other areas may be more suitable for this technology.

Policy SCC1 We welcome clause j). It could relate to heritage assets more widely.
Policy SCC2 Clause 4 is useful. It may need to be stated that development which causes harm will be resisted or other solutions sought.

Policy SCC3 Clause 2, consider the potential impacts for the historic nature of canals and ensure that this is protected and conserved.

Policy SCC4 It would be useful to incorporate a clause on the historic environment within this policy and the specific considerations for the historic environment.

Policy SCC5 It would be useful to incorporate a clause on the historic environment within this policy and the specific considerations for the historic environment.

Policy SCC6 We would recommend re-phrasing to state protects the significance of the historic environment, heritage assets including their setting or similar wording.

Policy SHW4 We support the reference to heritage within clause 8.

Policy SH01 We have not been able to comment on the specific housing proposals at this time, we will consider these in the new year and would welcome a meeting with the Council to understand how the historic environment has been considered. If there are any proposed allocations which could cause harm to the significance of heritage assets, including their setting, we would expect to see heritage impact assessment.
Policy SHO2 Clause 2) c amend to will not cause harm to the significance of heritage assets, including their setting or similar.
Policy SH010 We have not had the opportunity at this time to comment on the site allocations specifically. We would request that any proposed allocations consider the impact on the historic environment and ensure that where there is harm for the historic environment that an appropriate heritage impact assessment is available as an evidence base to support a proposed allocation.
Policy SEC1 We have not been able to comment on the specific employment proposals at this time, we will consider these in the new year and would welcome a meeting with the Council to understand how the historic environment has been considered. If there are any proposed allocations which could cause harm to the significance of heritage assets, including their setting, we would expect to see heritage impact assessment.
Policy SEC2 We have not been able to comment on the specific employment proposals at this time, we will consider these in the new year and would welcome a meeting with the Council to understand how the historic environment has been considered. If there are any proposed allocations which could cause harm to the significance of heritage assets, including their setting, we would expect to see heritage impact assessment.
Policy SEC3 We have not been able to comment on the specific employment proposals at this time, we will consider these in the new year and would welcome a meeting with the Council to understand how the historic environment has been considered. If there are any proposed allocations which could cause harm to the significance of heritage assets, including their setting, we would expect to see heritage impact assessment.
Policy SCE1 This policy would benefit from a clause relating to the historic environment, heritage led regeneration, heritage led public realm improvements, information relating to shop fronts and design within heritage centres and conservation areas and reference to Wednesbury High Street Heritage Action Zone and other potential opportunities.
Para 9.161 Are there any proposals within the Plan to address this?
Para 9.283 onwards We welcome the inclusion of this section in the Plan. Are there any tools or opportunities from this project that could be replicated elsewhere in the Borough?
Policy SWB1 This policy would benefit from a clause on the historic environment.
Policy STR1 How has the historic environment been considered in the process of highlighting transport infrastructure needs? Have any assessments been undertaken about the potential for harm to heritage assets, as a result of proposed transport initiatives?
Policy STR2 Comments above apply.
Policy STR6 Is there any information available at present about potential park and ride sites?
Policy SWA1 We would recommend re-phrasing clause 3) f to ensure that the policy protects the significance of heritage assets including their setting and inappropriate waste developments will be resisted. The policy may further benefit from some additional text on this issue in the reasoned justification text.
Policy SWA3 We have not been able to comment on specific proposed waste sites at this time. We will assess these in the new year and would welcome a meeting with the Council to discuss proposed allocations and any impacts these may have on the historic environment. If any proposed allocations could impact on the historic environment, we would expect to see a heritage impact assessment as evidence base.
Policy SWA4 This policy would benefit from a clause on the historic environment.
Policy SMI1 Are there minerals sites that are being proposed for allocation or safeguarding? If so, how has the historic environment been considered in this process?
Policy SMI2 Clause 5) b should set out an approach for what happens if a mineral working site is not appropriate due to the harm to the historic environment or if there are mitigation measures required to overcome any harm. The clause for cumulative impacts could also apply for the historic environment where there are already approved mineral workings in a historic landscape.

The policy would benefit from a clause on remediation so that the long term future of any minerals working site is appropriate in its environment.

Para 13.012 This para would benefit from additional detail.

SDM1 Clause g) we welcome reference to the historic environment within this policy and would request that ‘historic assets’ are amended to ‘heritage assets’ and that the significance of heritage assets including their settings are protected and where possible, enhanced.

Policy SDM3 Does the Council have any evidence base relating to tall buildings and which has been/ could be used to inform locations which may be appropriate or may not be appropriate for tall buildings? We have concerns about the impact of this policy on the historic environment and the historic nature of the area and are keen to understand if there is more information available at this time that has considered these issues?

With reference to both tall buildings and gateway sites, we are unclear what has informed the policy and what the policy is seeking to achieve.

Policy SDM5 It would be useful to include a section on the historic environment and what is appropriate in the context of heritage assets including conservation areas and listed buildings.

Comments submitted in table form
Para 72 Consider re-phrasing and celebrating the industrial heritage of the area and how that has shaped the local identity of the area.
Para 73 Amend to ‘Registered Parks and Gardens’.
Consider amending heritage conservation areas to conservation areas and the setting of heritage assets or something similar.
Heritage assets themselves are ‘irreplaceable’ and should be conserved and protected and the Local Plan to provide a ‘positive strategy’ for this.
Their need to be protected is more than a recognition of their past use but as how heritage has shaped our identity and how they continue to remain relevant today and can contribute positively to the economy and social wellbeing.

It would be useful in this section if heritage can also be referenced as a component of landscape.
Page 29 Ambition 1 would benefit from a reference to the historic environment and recognising the benefits the historic environment can bring to a community and an area.

Ambition 2 would benefit from a reference to the historic environment and recognising the benefits the historic environment can bring to a community and wellbeing.

Would be worthwhile to check through the ambitions to consider where the historic environment would best be suited.


Page 33/34 We support the vision and the reference to heritage within it. We would welcome a reference to a wider variety of heritage such as heritage landscape/ archaeology etc. rather than a narrower definition of built heritage.
Objective 4/5 We are very supportive of specific objectives that seek to protect the historic environment. We would welcome a reference to heritage landscape and features and ensuring the wide range of historic environment is fully reflected and considered within the Plan.
Objective 15 We support the reference to heritage within this objective.
Para 2.18 We support this paragraph.
Para 2.30 clause C We support this clause.
Policy SDS1 clause j This could be amended to read conserve and enhance the significance of the historic environment, heritage assets and their settings through xxx to ensure that it is the significance of heritage assets that is being considered and protected through the policy text.
Policy SDS2 This policy would benefit from reference to the historic nature of the area and its heritage assets and how conserving the historic environment will be a benefit for the regeneration of the area. It would also be useful to reference the Wednesbury High Street Action Zone during the text regarding regeneration in Sandwell and the benefit of heritage led regeneration programmes. This would help meet the aims of the Plan mentioned earlier in the text. We note a brief reference in paragraph 3.42.
Policy SDS3 clause a) i)

d) We would request re-phrasing of this clause as sites submitted during a Call for Sites exercise will not necessarily be suitable for development. We would request that this is also re-phrased in any other policies that this statement may appear.

Could make reference to the historic environment.
Policy SDS4
Clause 2)

Clause 3)


Clause 9)
We support this reference and recommend additional detail in the Plan on how this can be achieved.

Confusing wording, we would request that this is amended yet we support the principle that the significance of heritage assets including their setting will be protected and it would benefit from a clearer form of words. Also consider re-wording paragraph 3.61.

Historic England are available to engage in this work.
Policy SDS5 clause 11) We support the reference to heritage tourism and welcome its inclusion in the policy, as well as in the justification paragraphs.
Section on Green and Blue Infrastructure from page 74 onwards We would welcome a reference to the historic environment as a component of green and blue infrastructure and the role heritage plays in this area. If you have any questions we are happy to answer.
Policy SDS7 We would request a clause to be included in this policy regarding the historic environment and its function within Green/ Blue Infrastructure.
Policy SNE4 We welcome a policy on the UNESCO Geopark and recognition of the important cultural heritage of the area and the contribution it has made in historical terms. Clause 1) consider re-phrasing to ensure that the significance of the asset and its integrity is fully protected and conserved for future generations.
Policy SNE5 This policy would benefit from strengthening the reference to the historic environment context of the area, including non designated heritage assets and heritage features as well as the heritage components of landscape.

Policy SNE6 We support the recognition of the historic nature of canals as heritage assets/ role within the wider cultural heritage agenda and welcome reference within the policy and justification text in this area.

Section 4, from page 113
We welcome a specific section on the historic environment and specific policies for the historic environment. We welcome the introductory paragraphs to the interesting, rich and varied history of the Black Country and the need to protect this and the value placed on heritage led regeneration.

Para 4.114
Consider the wording in this paragraph and also needs reference to the setting of heritage assets as well as an understanding of the context in which they are in and any relationships they may have with other heritage assets within the area/ heritage landscapes etc.

When considering a suite of policies for the historic environment, it is important to ensure that all the policies are consistent and that all assets are fully supported.

SHE1
We welcome the inclusion of this policy. We would request that there are some amendments to the wording to ensure it is compliant with the National Planning Policy Framework (NPPF), paragraphs 199 to 205 particularly. Heritage assets are an ‘irreplaceable resource’ and efforts should be made to ensure that the significance of heritage assets, including their setting are protected. The policy wording in clause 1 and 2 can be strengthened to reflect this. The wording in clause 3 is welcome and we are supportive of the need for Heritage Impact Assessment. The assessment should also set out the level of harm, how harm can be avoided or mitigated against and any opportunities for enhancement. Clause 4, setting in itself is not a heritage asset but it should be included within the section on significance and can still be a reason for refusal where the setting contributes to the significance of an asset, but will be affected by proposed development. Recording the loss of any heritage asset/ features on the Historic Environment Record (HER) would also be beneficial to include within this policy. Consider the wording for clause 5 to ensure the protection of a Conservation Area. We would recommend deleting clause 6. Paragraph 4.121 relates to this paragraph also.

SHE2

Similar to comments above, ensure that the policy is NPPF compliant and that it seeks to protect and conserve the historic environment and sets out where applications will be refused. As referenced the historic environment is an ‘irreplaceable resource’ and the NPPF sets out clearly how to deal with harm and how if necessary to apply the tests of harm. Clause 1 for example requests that heritage informs proposals and is considered; there should be a clause that states that harm to heritage will be refused unless xx. Again, clause 2 refers to the need to inform proposals which is beneficial, yet there needs to be wording inserted to prevent harm to the historic environment and conserve their significance, including setting.

Where ‘historic assets’ are referenced this should be amended to state ‘heritage assets’.
Clause 3, heritage assets should be protected as set out in the NPPF and relevant legislation.

Clause 5, delete ‘aim’. The policy wording should be strengthened to ensure that heritage assets are protected and conserved in Sandwell. The examples used are useful and provide a context for the type of heritage within the Borough; it would be beneficial to ensure that this describes some examples only and reference the relevant heritage evidence base that prospective developers will need to consider in full.

It would be beneficial to have a clause that relates to the need for appropriate qualified individuals undertaking assessment work, that the Historic Environment Record should be considered as a minimum, that views analysis is a useful tool to consider in the wider process etc. for all proposals which could affect heritage.


Para 4.123
Delete ‘ancient’.

It would be useful to provide some additional information about what a heritage impact assessment could include.
SHE3
Consider referring to significance generally in this clause. It would be useful to have a link to the Sandwell Local List. We are supportive of a Local List and welcome this.

SHE4
Considering re-phrasing the opening clause to ensure that the significance of archaeological heritage assets are protected and where possible enhanced.

Development proposals which cause harm to heritage assets should be refused unless the specifications set out in the NPPF are met. We consider that the wording should reflect this. There also needs to be consideration of non designated archaeology that could be of national significance. Ensure that heritage assets are referred to in line with the relevant clauses of Section 16 of the NPPF. A separate clause for archaeological investigation would be useful and to set out how it applies to heritage assets. Any archaeological investigation should be carried out by an appropriate and qualified professional and a programme of works agreed by the Council’s archaeology officer. A separate clause for recording would be beneficial. Clause 5 we would anticipate that all relevant information would be provided for the Council to assess the level of harm and to then make an informed decision within the context of the requirements of the NPPF.

4.133/34
Additional information would be beneficial.
Consider re-ordering the policies to have a historic environment policy first, and then specific policies on asset type, where relevant.

Section 5 Historic England are supportive of a section on Climate Change within the Plan. We enclose a link to some relevant publications considering the historic environment and climate change that may be useful to understand in the context of the Local Plan.

https://historicengland.org.uk/advice/climate-change/

Under this section it would be useful to consider how the historic environment can contribute to the climate change agenda, which measures are appropriate in the context of the historic environment and how heritage assets need to be considered. There may also be times when climate change proposals such as solar farms or wind turbines may not be an appropriate solution if it affects the significance of heritage assets and other areas may be more suitable for this technology.

Policy SCC1 We welcome clause j). It could relate to heritage assets more widely.
Policy SCC2 Clause 4 is useful. It may need to be stated that development which causes harm will be resisted or other solutions sought.

Policy SCC3 Clause 2, consider the potential impacts for the historic nature of canals and ensure that this is protected and conserved.

Policy SCC4 It would be useful to incorporate a clause on the historic environment within this policy and the specific considerations for the historic environment.

Policy SCC5 It would be useful to incorporate a clause on the historic environment within this policy and the specific considerations for the historic environment.

Policy SCC6 We would recommend re-phrasing to state protects the significance of the historic environment, heritage assets including their setting or similar wording.

Policy SHW4 We support the reference to heritage within clause 8.

Policy SH01 We have not been able to comment on the specific housing proposals at this time, we will consider these in the new year and would welcome a meeting with the Council to understand how the historic environment has been considered. If there are any proposed allocations which could cause harm to the significance of heritage assets, including their setting, we would expect to see heritage impact assessment.
Policy SHO2 Clause 2) c amend to will not cause harm to the significance of heritage assets, including their setting or similar.
Policy SH010 We have not had the opportunity at this time to comment on the site allocations specifically. We would request that any proposed allocations consider the impact on the historic environment and ensure that where there is harm for the historic environment that an appropriate heritage impact assessment is available as an evidence base to support a proposed allocation.
Policy SEC1 We have not been able to comment on the specific employment proposals at this time, we will consider these in the new year and would welcome a meeting with the Council to understand how the historic environment has been considered. If there are any proposed allocations which could cause harm to the significance of heritage assets, including their setting, we would expect to see heritage impact assessment.
Policy SEC2 We have not been able to comment on the specific employment proposals at this time, we will consider these in the new year and would welcome a meeting with the Council to understand how the historic environment has been considered. If there are any proposed allocations which could cause harm to the significance of heritage assets, including their setting, we would expect to see heritage impact assessment.
Policy SEC3 We have not been able to comment on the specific employment proposals at this time, we will consider these in the new year and would welcome a meeting with the Council to understand how the historic environment has been considered. If there are any proposed allocations which could cause harm to the significance of heritage assets, including their setting, we would expect to see heritage impact assessment.
Policy SCE1 This policy would benefit from a clause relating to the historic environment, heritage led regeneration, heritage led public realm improvements, information relating to shop fronts and design within heritage centres and conservation areas and reference to Wednesbury High Street Heritage Action Zone and other potential opportunities.
Para 9.161 Are there any proposals within the Plan to address this?
Para 9.283 onwards We welcome the inclusion of this section in the Plan. Are there any tools or opportunities from this project that could be replicated elsewhere in the Borough?
Policy SWB1 This policy would benefit from a clause on the historic environment.
Policy STR1 How has the historic environment been considered in the process of highlighting transport infrastructure needs? Have any assessments been undertaken about the potential for harm to heritage assets, as a result of proposed transport initiatives?
Policy STR2 Comments above apply.
Policy STR6 Is there any information available at present about potential park and ride sites?
Policy SWA1 We would recommend re-phrasing clause 3) f to ensure that the policy protects the significance of heritage assets including their setting and inappropriate waste developments will be resisted. The policy may further benefit from some additional text on this issue in the reasoned justification text.
Policy SWA3 We have not been able to comment on specific proposed waste sites at this time. We will assess these in the new year and would welcome a meeting with the Council to discuss proposed allocations and any impacts these may have on the historic environment. If any proposed allocations could impact on the historic environment, we would expect to see a heritage impact assessment as evidence base.
Policy SWA4 This policy would benefit from a clause on the historic environment.
Policy SMI1 Are there minerals sites that are being proposed for allocation or safeguarding? If so, how has the historic environment been considered in this process?
Policy SMI2 Clause 5) b should set out an approach for what happens if a mineral working site is not appropriate due to the harm to the historic environment or if there are mitigation measures required to overcome any harm. The clause for cumulative impacts could also apply for the historic environment where there are already approved mineral workings in a historic landscape.

The policy would benefit from a clause on remediation so that the long term future of any minerals working site is appropriate in its environment.

Para 13.012 This para would benefit from additional detail.

SDM1 Clause g) we welcome reference to the historic environment within this policy and would request that ‘historic assets’ are amended to ‘heritage assets’ and that the significance of heritage assets including their settings are protected and where possible, enhanced.

Policy SDM3 Does the Council have any evidence base relating to tall buildings and which has been/ could be used to inform locations which may be appropriate or may not be appropriate for tall buildings? We have concerns about the impact of this policy on the historic environment and the historic nature of the area and are keen to understand if there is more information available at this time that has considered these issues?

With reference to both tall buildings and gateway sites, we are unclear what has informed the policy and what the policy is seeking to achieve.

Policy SDM5 It would be useful to include a section on the historic environment and what is appropriate in the context of heritage assets including conservation areas and listed buildings.

Vision and Spatial Strategy for Sandwell
3.2 Turning to the proposed vision for Sandwell, the second to last paragraph on page 35 of the consultation document, seeks to ensure that by 2041:
“There is a wide range of housing available to Sandwell residents, aiming to help meet housing needs, designed to support green living and suitable for adaptation to benefit all sections of the community. Affordable, social, and local authority-provided homes are available to those who need them. New developments are located within attractively landscaped areas, with access to district and low-cost energy and heating projects, sustainable drainage designed to improve the local environment as well as provide reliable protection against flooding and run-off and all necessary services and facilities within walking and cycling distance or a short bus ride away.”
3.3 Wain Estates support the broad intentions of this part of the vision, with regards to helping to meet the wide range of housing needs within Sandwell, supporting green living and being located in close proximity to local services and facilities via sustainable transport modes. However, within the associated Priorities, Strategic Objectives and Policies set out within Table 3 to support this vision, there is no recognition of the chronic shortage in housing provision to date and how a marked change in strategy will be required to try and address both the historic shortfalls and future demands. Instead, Objective 6 – Housing to Meet all Needs is relatively generic and indicates there is no proposed change in approach or strategy for new development, particularly the provision of housing.
3.4 Reference is then made to the relevant emerging policies which support the capability to meet this objective and help deliver the vision for Sandwell. Wain Estates are of the view that if these policies are progressed as proposed, they do not provide the capability to meet objective 6 and the provision of housing to meet all needs, including the borough’s chronic shortfall in both affordable and market housing, which is a fundamental part of the proposed vision for Sandwell.
3.5 The principle emerging policy which demonstrates this inability to meet the basic housing needs of Sandwell, as established via their own objectively assessed needs (OAN) is Policy SDS1 – Development Strategy. This emerging policy proposes to deliver at least 11,167 net new homes over the 2022 -2041 plan period. However, this 11,167 figure is minimal when compared to the identified housing need of 29,773 new homes throughout the same time period, identifying a shortfall of 18,606 homes.
3.6 As a percentage, the proposed supply in the draft plan represents just 38% (rounded) of the borough’s total housing needs. This is unacceptable, in both the immediate context and historic undersupply, but also when looking at the wider national level and Government objectives enshrined within the NPPF, particularly at paragraph 60 which requires the supply of homes to be “significantly boosted” and importantly that a sufficient amount and variety of land can come forward where it is needed and to ensure the needs of groups with specific housing requirements are addressed. Due to this, difficult decisions need to be made with regards to the proposed spatial strategy, including consideration of Green Belt land release, without which is artificially restricting the development potential within Sandwell.
3.7 The starting point of a new Local Plan cannot be the continued chronic under-provision of housing, such that the exist delivery issues will be further exacerbated. As evidenced by the latest Housing Delivery Test Result (2021 measurement, the updated version due for January 2023) – being at just 52%, one of the lowest in the county and automatically evoking the “presumption in favour” and “titled planning balance” when it comes to determining applications. This coupled with the latest Five-Year Housing Land Supply Figures released in October 2023, which have only worsened since the previous year, dropping from 3,092 homes (1.6 years) to 2,850 homes (1.57 years) provides clear evidence that the current spatial strategy is not fit for purpose. This historic underperformance in meeting housing needs, also needs to be viewed within the context of the NPPF’s emphasis on needing to boost the supply of housing, and the clear upward direction of travel of national policy in this respect.
3.8 To help address this shortfall, emerging Policy SH03 Housing Density, Type and Accessibility seeks to provide substantial uplifts to minimum density requirements to maximise on the most efficient use of land. This has resulted in a range from 40dph, to 45dph to 100dph in West Brom, this are much higher than the typical 25-30dph figures. The policy notes that further detailed design requirements will come forward in relation to these densities as part of future Sandwell Design Codes. However, with the growing pressures on development to provide more than just housing, such as the 10% BNG (with onsite provision as a preference), accessibility requirements such as the minimum of 15% provision of part M4(3) dwellings for developments of 10 or more dwellings (emerging Policy SH05), the need for sites of 2ha or larger to provide new unrestricted open space at a minimum ratio of 3.63 hectares of space per 1,000 population on site (emerging Policy SH4W) all place additional demand for space on site, which may mean that the high minimum density standards cannot be met, resulting in an even lower number of housing units being capable of being provided within Sandwell.
3.9 To further help to address the shortfall, Sandwell are proposing to utilise the Duty-to- Cooperate with neighbouring authorities within the same Housing Market Area, or with which Sandwell has a physical or functional relationship. The details of which are to be provided in the Draft Plan Statement of Consultation – which is to be elaborated upon further at the Publication Stage of the plan. This is despite the fact that Birmingham City Council has already said that it does not have enough space to meet its own housing need and might not have enough space to meet its own employment land needs.
3.10 Sandwell note that this approach may only address a small proportion of the identified housing shortfall and therefore if this position remains then further work will be undertaken as appropriate to identify how this shortfall can be addressed. This position is reflected in the supporting Sustainability Appraisal (SA) which concludes that,
“On balance, Option E is identified as the best performing option, assuming that a large proportion of growth under this option would be on previously developed land and within the existing centres, with the benefits in terms of regeneration meaning this option slightly out-performs Option D, although both would not deliver sufficient housing to satisfy the identified need.”
3.11 As part of a wider consortium, Wain Estates has instructed the “Falling Even Shorter: an updated review of unmet housing needs in the Greater Birmingham and Black Country Housing Market Area” report (copy enclosed at Appendix 4). This report finds that the wider HMA has a shortfall of between 34,742 and 40,676 homes up to 2031, 62,373 homes up to 2036, and 79,737 homes up to 2040 based on each Council’s most up-to- date supply evidence. This shortfall will only be exacerbated by Sandwell’s approach, with other HMA authorities likely to be able to make a very limited contribution to Sandwell’s shortfall.
3.12 It therefore is clear that the additional work identified in the SA will be required to meet the housing shortfall, the historic approach to the spatial strategy is being undertaken as part of the emerging local plan, a strategy which was in place for the currently adopted Local Plan, which has resulted in the chronic under delivery of both market and affordable housing.
3.13 Wain Estates are of the view that the scale of Sandwell’s own shortfall alone, beyond considering the unmet needs of the wider HMA, amount to exceptional circumstances for reviewing the Green Belt boundaries. This additional work should therefore begin now and a fresh approach to assessing the capacity for housing within the borough should be undertaken, which includes an assessment of Green Belt sites for potential release.
3.14 The site on land north of Wilderness Lane is a clear example of the availability of such sites, which are not technically constrained, are in an accessible location, provide the ability to offer enhanced access to the open countryside for recreation purposes and also provide housing in the least sensitive areas of the Green Belt (whilst retaining the majority of it), adjacent to existing built form – in this case situated along Wilderness Lane.
3.15 At present, it is concluded that the overall vision and spatial strategy proposed by the emerging SLP would not be effective in meeting the tests for soundness, as set out in paragraph 35 of the NPPF. In particular, criterion (a) which requires plans to be:
“Positively prepared – providing a strategy which, as a minimum, seeks to meet the area’s objectively assessed needs; and is informed by agreements with other authorities, so that unmet need from neighbouring areas is accommodated where it is practical to do so and is consistent with achieving sustainable development.”
3.16 The council by their own admission have submitted a strategy which falls substantially short of providing a strategy which meets their OAN, which should be seen as a minimum requirement within the extract above. Even in meeting the substantially short figures there is a reliance on maximising out housing densities, in an era where development pressures to deliver supporting features beyond just housing – BNG, sustainability measures etc often restrict this capability. The duty-to-cooperate is also proposed to be utilised to account for this unmet need, but there is no clear strategy or commitment from neighbouring authorities that this would be achievable in part or as a whole. This is therefore not a sustainable approach to development and will inevitably result in the very purpose of the SLP – being to promote growth in planned manner, falling away, likely resulting in mass speculative development, in order for housing needs to be met.
3.17 Wain Estates are of the view that exceptional circumstances for reviewing Sandwell’s Green Belt boundaries. A further review of the Green Belt is therefore necessary in order to assess how the boundaries should be amended to maximise the potential for the most sustainable sites.
3.18 An example of this is the land north of Wilderness Lane site, for up to 150 homes, 40% affordable housing, a countryside park and associated infrastructure. This application is currently being determined by the LPA (LPA ref: DC/23/68822), demonstrating both developer intention and deliverability to bring the site forward and how cumulative amendments to the Green Belt can form an important and necessary contribution to meeting the current and future housing needs of Sandwell.
Limitations to Housing Provision for Sandwell
3.19 Turning more specifically to emerging Policy SH01 Delivering Sustainable Housing Growth and the elements which make up the proposed housing supply of 11,167 new homes, Wain Estates also have significant concerns regarding the sources which make up this already insufficient number of homes.
3.20 Within Table 5 of the above emerging policy, the first source of the housing land supply is made up of sites currently under construction (1,060 homes), with planning permission or prior approval (998 homes) and sites with other commitments (61 homes)1. Therefore, 2,119 homes included within the figures, are made up of the current supply.
3.21 The second source is made up of housing allocations, comprising occupied employment land (2,234 homes), other (3,094 homes), sites with planning permission (1,545 homes) and sites under construction (78 homes). Therefore, 1,623 homes included within the housing allocations are made up of current / existing supply (calculated by adding together sites with existing planning permission and sites under construction). Of the remaining allocations, despite the occupied employment land (2,234 homes) having a 15% discount figure applied, in recognition of the fact that there can be multiple delivery constraints, this in itself does not mean that there is capability of the full 2,234 homes to be delivered given that these sites are in active use for employment.
3.22 It has also been demonstrated through the previous Black Country Plan that such approaches are not effective for delivering housing. As part of the Black Country Core Strategy (BCCS) a total of 16,182 homes were allocated on occupied employment land. Based on the Urban Capacity Review Update (May 2021) only 679 (4.2%) of those homes have been delivered to date (with less than five years of the plan period remaining).

1 10 units are also included for Gypsy and Traveller pitches, but this element of the supply is not discussed as part of these representations

3.23 Furthermore, as recognised in our previous representations, not only is the delivery of housing on such sites questionable, but it also reduces the ability for the Council to provide a sufficient supply of employment sites, of which the Council recognise there are also not enough being provided for as part of the emerging SLP. Paragraph 8.11 of the emerging SLP notes that, 143ha of the employment land need arising in Sandwell cannot be met solely within the Borough, and that the unmet need is to be exported to neighbouring authorities, as part of ongoing duty-to-cooperate work, which is yet to be secured.
3.24 It is good practice to ensure that any elements of housing supply included in a council’s figures, are suitable, available, and achievable of being viably developed. Wain Estates are of the view that there has not been enough evidence provided for the proposed allocations on occupied employment land, as a robust element of the housing supply.
3.25 Taking the above into account, only 3,094 homes (see Table 5 Housing Land Supply Sources within emerging Policy SH01) are allocated which are not made up of existing commitments or situated on occupied employment land, this is a very minor figure when compared to both the proposed delivery of 11,167 net new homes over the plan period and even more so when compared to the actual housing need of 29,773 new homes.
3.26 Looking into more detail at some of the proposed allocations, as recognised by the Council when looking at Appendix B of the SLP, they are also not without their constraints and limitations, further demonstrating that the indicative capacity could be further reduced, resulting in an even lower number of housing allocations. For example:
• SH2 (SA 12) Land adjacent to Asda, Wolverhampton Road, Oldbury is proposed for 62 homes, but it has access issues which need to be overcome in order to be deliverable, questioning the suitability of this allocation.
• SH26 (66) Lower City Road, Oldbury is proposed for 73 homes but has constraints including land remediation and site assembly issues, there also only appears to be interest from some land owners looking to bring the site forward, so also potential ownership issues to overcome, questioning the suitability and availability of this land to support an allocation.
• SH25 (SA 65) Bradleys Lane / High Street, Tipton proposed for 189 homes however, this site also has site assembly and land contamination issues to be overcome, it also requires the current owners to find a place to relocate their business before development can come forwards, again questioning the suitability and availability of this land to support an allocation.
• SM2 SA199 Lion Farm Oldbury, is proposed for a mix of uses, including the provision of 200 homes. However, it relies on relocation of 6 sports pitches to the south of borough, which is arguably not a minor feat. This brings into question the availability and achievability of the land to support an allocation.
• SM1 SA 91 Chances Glass Works, is proposed for a mix of uses including 276 homes, this is a heritage led regeneration project given its recognised constraints which are a Grade II listed building, Scheduled Ancient Monument and Galton Valley Conservation Area, the complexity of such a project brings into question the timescales and the potential delivery of the proposed housing numbers, given the statutory protections given to these heritage constraints, again questioning the suitability and achievability of this site to support an allocation.
3.27 The third part of the housing supply is made up of windfall units, a total of 1,868 are being proposed. However, the delivery of this level of homes is questioned when the restrictive nature of windfall provision within the SLP is assessed. Often and as recognised within the NPPF, the provision of windfall units can help contribute to meeting anticipated housing supply needs, where this aligns with compelling evidence, they can provide a reliable source of supply (paragraph 71). Emerging Policy SH01 Delivering Sustainable Housing Growth, does indeed include for an element of windfall provision – some 1,868 homes over the plan period. However, the delivery of such windfall units will be highly restricted given the limitations placed within emerging Policy SH02 – Windfall developments. The policy allows for windfall development on previously developed land without exception, but for greenfield sites, windfall development is only allowed subject to certain conditions. These conditions are:
• That the site is not protected as community open space or
• The site is council owned land surplus to requirements or
• The development of the site will bring an under-used piece of land back into beneficial use and will not harm the environmental, ecological, or historic value of the site and the wider area, in accordance with other relevant policies in the SLP
3.28 The justification text to the policy notes that windfall sites are likely to include surplus public land, small non-conforming employment uses and some residential intensification sites where appropriate. However, greenfield sites are only permitted where they conform with the bulleted list above. Such restrictions are overly onerous and severely limit the capability for windfall sites on greenfield land to come forwards. This is also not in conformity with the definition of windfall development contained within the NPPF (Appendix M – Glossary), which simply states that windfall sites are sites not specifically identified in the development plan. Again, placing unnecessary restrictions on the delivery of housing, for a number that is already significantly below the required capacity.
3.29 The fourth part of the housing supply is made up of additional floorspace in centres (219 homes). This element makes up a very small part of the overall proposed supply figures. It demonstrates the limitations that emerge from seeking to maximise land on brownfield sites, and the misconception that such spaces are often not being utilised to the best of their ability.
3.30 Overall, the elements which make up the already under-delivering housing land supply as part of the emerging SLP are seen to be questionable.
• Firstly, there is a large reliance on existing commitments, as sites with planning permission or already under construction to make up the housing numbers.
• Secondly, the level of allocations which are included on occupied employment sites is high and such sites are known to be slow at delivering and riddled with issues which slow down or prevent the development for more vulnerable residential uses, in addition to the fact they will result in a loss of employment floorspace, for which there is a recognised need within the borough.
• Thirdly, the proposed allocations themselves are not without issues to overcome – such as access, site assembly, land ownership and remediation – which are not insubstantial.
• Finally, the overly restrictive nature of the windfall housing policy means there is a severe limit as to where such sites can come forward and on what type of land, despite the NPPF not stipulating such limitations exist.
3.31 In light of the above, Wain Estates are of the view that exceptional circumstances exist in terms of both the scale of unmet need and the likely under delivery of the proposed supply. It is therefore essential that Sandwell reviews its Green Belt boundaries, to ensure it meets its housing needs in the least sensitive locations.
3.32 It is well evidenced that greenfield land will deliver much quicker than brownfield land, where issues of land assembly and remediation severely delay the delivery of housing. It should also be acknowledged that removing land from the Green Belt can also be offset through compensatory improvements to the environmental quality and the accessibility of remaining Green Belt land as well as providing improvements to Green Infrastructure (GI) provision. Overall, the Council must “turn on all taps of supply” if it is to meet its housing needs.
3.33 As emphasised throughout this representation, an example of this is the land north of Wilderness Lane site, for up to 150 homes, a countryside park and enhancements to existing biodiversity and Green Infrastructure within the area. This site is currently being determined by the LPA (LPA ref: DC/23/68822), demonstrating both developer intention and deliverability to bring the site forward and how cumulative amendments to the Green Belt can form an important and necessary contribution to meeting the current and future housing needs of Sandwell.
Limitations to Affordable Housing Provision for Sandwell
3.34 Turning to affordable housing, which is a key issue in terms of the housing supply within the borough, whereby a chronic shortfall has been identified and has historically only worsened. The 25% requirement figure contained within emerging Policy SH04 represents a 5% increase on the existing requirement, which has not been delivering to the levels expected. This demonstrates that the Council must increase its overall supply, in order to increase the supply of affordable housing.
3.35 Indeed the proposals for land north of Wilderness Lane site include the provision 40% affordable housing, this can viably be done given the site’s greenfield nature. On brownfield sites where additional remediation costs are to be factored into viability considerations, meeting increased and even the basic affordable housing requirements is challenging, demonstrating why Green Belt release of greenfield sites would further assist in meeting the chronic shortfall in both market and specifically affordable housing needs within Sandwell.
3.36 Reference within the policy also notes the aspiration of providing affordable housing through a range of schemes delivering up to 100% funding through grant and other financial sources. However, as reflected in the wording of the policy, this is just that – aspirational. It is likely to be particularly difficult given the already stretched nature of government funding and the lengthy process of applying for such funding.
3.37 Wain Estates suggest that further evidence of the delivery of such schemes coming forward or having funding secured needs to be included within the evidence base to support this policy, in order to make it more robust and increase the chances of such developments coming forward.
3.38 Appendix 1 of the previous representations submitted (see Appendix 1 of this document) contains an Affordable Housing Statement which assesses this issue in further detail.
Exceptional Circumstances for Green Belt Release
3.39 The purpose of plan-making is to be positively prepared and set out a long term vision for the area, in a way that is aspirational but deliverable (paragraph 16 of the NPPF). A plan that only provides for around a third of its housing requirement, using the standard method baseline, cannot possibly meet these purposes or deliver the minimum requirement for housing. This is simply not acceptable and does not represent an effective use of the plan-led system.
3.40 Wain Estates consider that the Council’s inability to meet their own housing need in the midst of a housing crisis, is an important factor that constitutes the exceptional circumstances that justify Green Belt release. As this is a housing focused representation, employment needs are not explored in detail, however it is clear from reviewing the proposed plan that it proposes not only significant unmet housing need but also a significant unmet employment need. This will only be exacerbated by the anticipated loss of current employment sites for housing, as identified within emerging policy SH01 and the 2,234 homes proposed to come forward as allocations on occupied employment land. The adverse consequences of not meeting the basic housing or employment needs, demonstrate the exceptional circumstances which are required to justify Green Belt release.
3.41 The approach to Green Belt boundary reviews is set out in the NPPF at paragraphs 141 and 142. Paragraph 141 states that the policy making authority need to “examine fully all other reasonable options for meeting its identified need for development” before concluding if exceptional circumstances exist to justify changes to Green Belt boundaries. It then goes on to state account needs to be taken for whether the strategy:
“(a) makes as much use as possible of suitable brownfield sites and underutilised land;
(b) optimises the density of development in line with the policies in chapter 11 of this Framework, including whether policies promote a significant uplift in minimum density standards in town and city centres and other locations well served by public transport; and
(c) has been informed by discussions with neighbouring authorities about whether they could accommodate some of the identified need for development, as demonstrated through the statement of common ground.”
3.42 As discussed previously, all three of these elements have been included within the proposed spatial strategy, however, are not without their own constraints and when combined, still fall woefully short of meeting the minimum requirements of the identified OAN for Sandwell. This alone demonstrates that exceptional circumstances exist for Sandwell to review its Green Belt boundaries. The release of land within the Green Belt needs to be further explored, to allow for plan-led development in the future, particularly when also coupled with the inability to also meet required employment land needs. For this reason, Wain Estates suggest a further review of the Green Belt is undertaken, to identify the most sustainably located sites, in line with paragraph 142 of the NPPF.
3.43 A clear example of such a site is land North of Wilderness Lane, which is currently pending determination for up to 150 new homes, a countryside park, 40% affordable housing provision and associated infrastructure. The accompanying Green Belt Assessment contained within the LVA supporting the application, concludes that the harm to the Green Belt arising from development on the site would be low. Development of the site would maintain the physical and visual separation of the different parts of the wider suburban area and would have a very limited effect on encroachment on the countryside. Spatial and visual openness would be minimally affected. The significant new Wilderness countryside park will provide new public access to local people, and the habitat value of the site will be enhanced. The compensatory improvements to the land remaining in the Green Belt would be significant. Whilst we recognise that the LVA has been produced for the purposes of a planning application, it demonstrates that the contribution of the site to the purposes of the Green Belt is limited, and it is suitable for release and allocation for residential development.
Proposed Amendments to the Green Belt Policy
3.44 Emerging Policy SDS6 provides guidance for the approach to Sandwell’s Green Belt, which will be applied to any development proposed in the Green Belt once the plan is adopted.
3.45 Criterion 2 of the policy notes that: “Sandwell green belt’s nature conservation, landscape, heritage and agricultural value will be protected and enhanced.” Wain Estates draw issue with this wording, as it implies that the Green Belt is a designation of both environmental and heritage value, this is not the case, it is a spatial designation for which there can also be both environmental and heritage features and designations within it. This type of wording adds confusion to the purposes of the Green Belt and the value placed upon its protection. This is recognised in the supporting text to the policy at paragraph 3.84 which states that:
“While green belt is not itself a reflection of landscape quality or value, large parts of the local green belt are also identified as being of significant historic, environmental and landscape importance.”
3.46 Wain Estates suggest that the policy wording is amended to make clearer the difference between the spatial designation and the purposes of the Green Belt and the distinction between this and environmental and heritage designations, whilst recognising their potential concurrent nature.
3.47 Criterion 3 of the policy states that:
“Opportunities will be taken to improve the value and recreational role of the green belt in Sandwell Valley:
a. through improving safe accessibility for all users;
b. by providing facilities for active and passive recreation (if this preserves the openness of the Green Belt and does not conflict with the purposes of including land within it”
3.48 It must be recognised that in order to improve the value and recreational role of the Green Belt in Sandwell, development will likely need to occur. Land within private ownership is not accessible to the public for these purposes, enhancing access will only come as a compensatory improvement as part of future development proposals through planning applications.
3.49 Providing such improvements would form part of a two-way process of negotiation as part of future planning applications, with the provision of housing potentially acting as an enabler, to allow the council to meet the enhanced recreational role of the Green Belt. This also supports Sandwell’s wider vision, which seeks to increase accessible open spaces, such spaces need to come from somewhere, the Green Belt is a key facilitator for this, however it will not come forward of its own accord.

Dear Sir / Madam

231218 FALLING EVEN SHORTER - SANDWELL REG 18 CONSULTATION REP

We write on behalf of a consortium of housebuilders and land promoters(listed below) to submit the enclosed Turley ‘Falling Even Shorter: as updated review of unmet housing needs in the Greater Birmingham and Black Country Housing Market Area’ report (December 2023).

• Bellway Strategic Land

• Catesby Estates Plc

• Gladman Developments Ltd

• Hallam Land Management

• Haworth Group Plc

• Taylor Wimpey

• Vistry Group Plc

• Wain Estates

• William Davis Homes

The report has assessed the conclusions of the most recent Greater Birmingham and Black Country Housing Market Area (‘GBBCHMA’) updated Position Statement Addendum (‘the Addendum’) dates April 2023 but not published until October 2023. To reflect the Addendum, the report also assesses the housing need and supply for the plan period 2011-2031.

The Addendum claims the GBBCHMA’s shortfall arising between 2011 to 2031 has now reduced to 2,053
homes. This is however predicated on a base date of 31 March 2021, nearly three years ago. In that time, there is now additional monitoring data, and updated supply positions, which is not reflected in the
Addendum’s findings.

Furthermore, the Addendum continues to reference a need for 205,099 homes between 2011 and 2031, based on the GBBCHMA Strategic Growth Study (2018) that is increasingly dated having been produced almost eight years ago. The standard method has since been introduced, offering the consistency the study itself sought to provide. While this cannot be backdated to 2011, it can be reasonably used in place of the Strategic Growth Study scenario as an indicator of future needs.

Applying this from the 31 March 2023 base date and using the current outcome of the standard method which allows for worsening affordability and removal of the cap for Birmingham, the total housing need is 237,788 homes. This approach best reflects national planning policy.

Against this need, based on the 14 authorities’ claimed supply position, this would leave a shortfall of 34,742 homes up to 2031. This rises to 40,676 homes when applying the Turley supply position, which is based on the most up-to-date evidence.

Beyond 2031, the report calculates the unmet need as rising to 62,373 homes up to 2036, and 79,737 homes up to 2040, when extrapolating the available supply data. With the end of this plan period up to 2031 just over seven years away, this unmet need represents real people who are in real need of a home, now.

National Planning Policy Framework (October 2023) paragraph 35a) is clear that for a plan to be considered positively prepared it should provide a strategy which, as a minimum, seeks to meet the area’s objectively assessed needs. This should be informed by agreement with other authorities, so that unmet need from neighbouring authorities is accommodated where it is practical to do so and is consistent with achieving sustainable development.

There is no agreed strategy between the 14 GBBCHMA authorities as to how the unmet need up to 2031 will be accommodated, notwithstanding the significant scale of unmet need emerging beyond 2031. This is clear from Sandwell’s own evidence, as part of this consultation it refers to confirming at a later date any likely contribution to its own shortfall, this however is only likely to address a small proportion of it.

In the absence of this strategic level agreement, all 14 GBBCHMA authorities should be exploring all growth options in order to meet its own objectively assessed needs and those of the wider GBBCHMA, if their plan is to be considered positively prepared.

In Sandwell’s case, it is clear that not all growth options have been explored to meet its own objectively assessed needs, let alone those of the wider HMA. The plan proposes a supply of circa 38% of its total need and exacerbating the shortfall of the wider HMA by circa 18,600 homes. Under NPPF paragraph 139, Sandwell’s unmet need alone represents exceptional circumstances for reviewing the borough’s Green Belt boundaries, as does the scale of unmet need across the wider HMA.

In summary, the 14 GBBCHMA authorities should be seeking to agree a strategy now for how the unmet needs up to 2031 and beyond will be comprehensively met in full. As part of this all authorities should be exploring all options for growth, including the release of Green Belt land, given the unmet need represents exceptional circumstances for reviewing Green Belt boundaries. [see also Turley Falling Even Shorter attachment]