Draft Regulation 18 Sandwell Local Plan

Regulation 18 Draft Sandwell Local Plan Consultation
1. Introduction
1.1. Thank you for inviting Shropshire Council to respond to the consultation on your Regulation 18 - draft Sandwell Local Plan.
1.2. This response continues the positive Duty to Cooperate (DtC) engagement between our two Local Planning Authorities (LPA’s). This engagement includes both the draft Shropshire Local Plan, currently being Examined, and our previous joint engagement with the Association of Black Country Authorities (ABCA) in the preparation of the draft Black Country Local Plan (now discontinued) and now through your preparation of the draft Sandwell Local Plan.
1.3. The views expressed about your draft Local Plan and your evidence base are the professional opinions of officers representing this Authority. Our views identify strategic cross-boundary matters for our two LPAs with some matters of detail for further consideration and we recognise the significance of these matters for the West Midlands region.
1.4. We welcome the continuation of our DtC engagement, including the matters within this response, following the conclusion of your current consultation.
2. Housing
Local Housing Need Position
2.1. Draft Policy SDS 1 in your draft Spatial Strategy identifies an aspiration to deliver at least 11,167 net new homes over the remaining plan period; a figure which is equivalent to your conclusions on sustainable and deliverable sites over the period. This is set against a housing need, using the Government’s Standard Methodology, of 29,773 over the same period, leaving a shortfall of 18,606 dwellings. It is noted this is a very significant shortfall against the defined ‘need’ position. It is expected that all potential sustainable options have been exhausted within the LPA area in attempts to limit this unmet need as far as possible.
2.2. Your unmet housing need is a cross boundary strategic matter for the Greater Birmingham and Black Country Housing Market Area (GBBCHMA). This is being addressed through ABCA with the other LPA in the GBBCHMA and with other closely related authorities including Shropshire Council. However, we would expect that where this unmet need cannot be met sustainably in the Sandwell area, that sustainable options within the same Housing Market Area are considered in the first instance.
2.3. Draft Policies SDS1 and SHO1 identify the housing supply within your Borough to be 11,167 dwellings. Clearly a great deal of Duty to Cooperate conversations have happened up to this point, including with Shropshire, regarding how your unmet need may be delivered in a sustainable manner, and cross boundary contributions have been sought and agreed through Statements of Common Ground. It is noted the 1,500 contribution from Shropshire is for the Black Country sub-region as a whole and does not distinguish between how this figure should be attributed between the four Black Country LPA areas. It would therefore be helpful to set out in your Strategy how you envisage this to be achieved and that, presumably this will be a decision reached in collaboration with the other three Black Country authorities through ABCA.
2.4. It should be noted that at Shropshire’s Local Plan, including the proposed DtC contribution of 1,500 dwellings to the Black Country, is still currently subject to Examination in Public.
2.5. The housing requirements of all communities including travellers should be assessed and met to comply with NPPF paragraphs 60 & 62. NPPF paragraph 62, in footnote 27 references the substantive requirements of the Planning Policy for Traveller Sites (PPTS, 2015) to assess the needs of gypsies and travellers under the definitions in Annex 1. PPTS requires gypsy and traveller sites to be treated as a distinct type of residential need and the supply of pitches and plots to meet their needs are to be identified separately from the general housing supply.
3. Employment
Local Employment Land Need
3.1. We support your explanation of your employment land supply position in your Spatial Strategy (paragraph 2.14) so far that, your employment land need is 185 hectares, there is an anticipated supply of 42 hectares and an unmet need for 143 hectares of employment land.
3.2. We suggest your draft Spatial Strategy and draft Policy SDS1 should identify an employment land requirement for a ‘minimum of 42 hectares’ which leaves an unmet employment land need of 143 hectares.
3.3. Given the clearly defined employment need and supply position, there is uncertainty as to the relevance of the 1,206ha figure stated in Policy SEC1. This should be clarified as it currently implies an employment requirement far in excess of evidence provided in the EDNA.
3.4. As discussed in relation to housing, your unmet employment land need is a cross boundary strategic matter being addressed by the ABCA with LPA within the Black Country FEMA, within other related FEMA including closely related authorities like Shropshire Council. These other LPA are providing assistance which includes Shropshire Council who have agreed to contribute 30 hectares to the Black Country to be distributed through the ABCA. To reiterate, this proposed contribution is still subject to agreement through Shropshire Local Plan’s ongoing Examination in Public.
4. Unmet Development Needs
4.1. We have considered the implications of your land availability on your capacity to meet your development needs and the contributions from other LPAs in the GBBCHMA, the BCFEMA and from closely related authorities who have engaged in your DtC process.
4.2. We acknowledge your draft Spatial Strategy and its justification in paragraphs 2.1 to 2.32 and recognise your preferred strategy is Balanced Green Growth and that your draft Spatial Strategy sets out some key issues in paragraphs 2.17 to 2.32. We suggest that paragraph 2.18 should also address matters in relation to the Green Belt in your Borough in addition to your explanation in paragraph 2.21.
4.3. This Authority believes it is necessary to consider further whether or not exceptional circumstances exist to justify changes to your Green Belt boundary. Clearly the new NPPF is likely to have an implication on how this matter is considered, but we feel it is important that for those authorities where unmet need is identified, that all options, including within the Green Belt, are at least considered, before discussions are undertaken through the Duty to Cooperate regarding potentially exporting need elsewhere. We therefore suggest, subject to the implications of the new NPPF, your unmet development needs and the limited land availability in your Borough and other Black Country LPAs, is likely to require further consideration of your Green Belt boundaries to satisfy national policy.
4.4. The potential changes to the NPPF are not likely to materially affect the requirement for a Local Plan to deliver an appropriate and sustainable strategy for growth and development in that particular LPA area. The most appropriate and sustainable strategy to deliver development to meet the needs of Sandwell will continue to be, using land available within your Borough or land in adjacent Black Country LPA before seeking co-operation from within the GBBCHMA, or related FEMA or other closely related authorities. It is considered that this process should properly include the consideration of exceptional circumstances for the release of Green Belt land, for development in Sandwell or within the Black Country, in addition to seeking help from other LPA as a strategic cross boundary matter.
4.5. We consider your approach is already largely compliant with national policy but some further steps may help to justify the soundness of your draft Local Plan and show whether Balanced Green Growth is an appropriate strategy for your Borough. We acknowledge that you:
a. have evaluated the urban capacity of your Borough as part of more extensive assessments across the Black Country area. Your Authority can more clearly identify their unmet development needs to support ABCA to engage effectively in the DtC process.

b. are considering the sustainability of directing development into your urban area, into the wider Black Country area, into neighbouring urban authorities and have looked for further opportunities within and beyond the Metropolitan Green Belt to meet your unmet needs as required by NPPF, paragraph 142.
4.6. We ask you to consider whether your preferred strategy triggers exceptional circumstances for the release of Green Belt land and whether you should make changes to your Green Belt boundary to comply with paragraphs 142 and 143 of the NPPF to:
a. promote sustainable patterns of development and use land which was previously developed and/or is well served by public transport (para. 142);
b. consider whether there is any Green Belt land within their administration where it is not necessary to keep the land permanently open (para. 143);
c. consider whether it is necessary to safeguard land between the urban area and the Green Belt to contribute towards longer term development needs (para. 143);
c. consider how releasing Green Belt land for development might reduce your unmet development needs and improve the effectiveness of your DC process.
4.7. These further considerations should help your Authority demonstrate whether or not exceptional circumstances are fully evidenced and justified to release or safeguard Green Belt land for development and, whether or not it is necessary to change your Green Belt boundaries in relation to NPPF, paragraph 140.
4.8. We consider these further measures are necessary due to the ongoing uncertainty about delivery through the DtC process. There is a clear expectation that further contributions will be sought from LPA in the GBBCHMA and from closely related authorities to meet your unmet needs and to support the other Black Country LPA.
4.9. This advice seeks to help your Authority show how your draft Local Plan provides an appropriate strategy for your Borough. We believe this will help to evidence your compliance with the tests of soundness for plan making in national policy.
5. Next Steps
5.1. We trust these officer comments are of assistance. Shropshire Council welcomes further D2C discussions with Sandwell Council, including the matters raised within this response, following the conclusion of your current consultation.
Kind Regards
Edward West
Planning Policy and Strategy Manager
Shropshire Council

Regulation 18 Draft Sandwell Local Plan Consultation
1. Introduction
1.1. Thank you for inviting Shropshire Council to respond to the consultation on your Regulation 18 - draft Sandwell Local Plan.
1.2. This response continues the positive Duty to Cooperate (DtC) engagement between our two Local Planning Authorities (LPA’s). This engagement includes both the draft Shropshire Local Plan, currently being Examined, and our previous joint engagement with the Association of Black Country Authorities (ABCA) in the preparation of the draft Black Country Local Plan (now discontinued) and now through your preparation of the draft Sandwell Local Plan.
1.3. The views expressed about your draft Local Plan and your evidence base are the professional opinions of officers representing this Authority. Our views identify strategic cross-boundary matters for our two LPAs with some matters of detail for further consideration and we recognise the significance of these matters for the West Midlands region.
1.4. We welcome the continuation of our DtC engagement, including the matters within this response, following the conclusion of your current consultation.
2. Housing
Local Housing Need Position
2.1. Draft Policy SDS 1 in your draft Spatial Strategy identifies an aspiration to deliver at least 11,167 net new homes over the remaining plan period; a figure which is equivalent to your conclusions on sustainable and deliverable sites over the period. This is set against a housing need, using the Government’s Standard Methodology, of 29,773 over the same period, leaving a shortfall of 18,606 dwellings. It is noted this is a very significant shortfall against the defined ‘need’ position. It is expected that all potential sustainable options have been exhausted within the LPA area in attempts to limit this unmet need as far as possible.
2.2. Your unmet housing need is a cross boundary strategic matter for the Greater Birmingham and Black Country Housing Market Area (GBBCHMA). This is being addressed through ABCA with the other LPA in the GBBCHMA and with other closely related authorities including Shropshire Council. However, we would expect that where this unmet need cannot be met sustainably in the Sandwell area, that sustainable options within the same Housing Market Area are considered in the first instance.
2.3. Draft Policies SDS1 and SHO1 identify the housing supply within your Borough to be 11,167 dwellings. Clearly a great deal of Duty to Cooperate conversations have happened up to this point, including with Shropshire, regarding how your unmet need may be delivered in a sustainable manner, and cross boundary contributions have been sought and agreed through Statements of Common Ground. It is noted the 1,500 contribution from Shropshire is for the Black Country sub-region as a whole and does not distinguish between how this figure should be attributed between the four Black Country LPA areas. It would therefore be helpful to set out in your Strategy how you envisage this to be achieved and that, presumably this will be a decision reached in collaboration with the other three Black Country authorities through ABCA.
2.4. It should be noted that at Shropshire’s Local Plan, including the proposed DtC contribution of 1,500 dwellings to the Black Country, is still currently subject to Examination in Public.
2.5. The housing requirements of all communities including travellers should be assessed and met to comply with NPPF paragraphs 60 & 62. NPPF paragraph 62, in footnote 27 references the substantive requirements of the Planning Policy for Traveller Sites (PPTS, 2015) to assess the needs of gypsies and travellers under the definitions in Annex 1. PPTS requires gypsy and traveller sites to be treated as a distinct type of residential need and the supply of pitches and plots to meet their needs are to be identified separately from the general housing supply.
3. Employment
Local Employment Land Need
3.1. We support your explanation of your employment land supply position in your Spatial Strategy (paragraph 2.14) so far that, your employment land need is 185 hectares, there is an anticipated supply of 42 hectares and an unmet need for 143 hectares of employment land.
3.2. We suggest your draft Spatial Strategy and draft Policy SDS1 should identify an employment land requirement for a ‘minimum of 42 hectares’ which leaves an unmet employment land need of 143 hectares.
3.3. Given the clearly defined employment need and supply position, there is uncertainty as to the relevance of the 1,206ha figure stated in Policy SEC1. This should be clarified as it currently implies an employment requirement far in excess of evidence provided in the EDNA.
3.4. As discussed in relation to housing, your unmet employment land need is a cross boundary strategic matter being addressed by the ABCA with LPA within the Black Country FEMA, within other related FEMA including closely related authorities like Shropshire Council. These other LPA are providing assistance which includes Shropshire Council who have agreed to contribute 30 hectares to the Black Country to be distributed through the ABCA. To reiterate, this proposed contribution is still subject to agreement through Shropshire Local Plan’s ongoing Examination in Public.
4. Unmet Development Needs
4.1. We have considered the implications of your land availability on your capacity to meet your development needs and the contributions from other LPAs in the GBBCHMA, the BCFEMA and from closely related authorities who have engaged in your DtC process.
4.2. We acknowledge your draft Spatial Strategy and its justification in paragraphs 2.1 to 2.32 and recognise your preferred strategy is Balanced Green Growth and that your draft Spatial Strategy sets out some key issues in paragraphs 2.17 to 2.32. We suggest that paragraph 2.18 should also address matters in relation to the Green Belt in your Borough in addition to your explanation in paragraph 2.21.
4.3. This Authority believes it is necessary to consider further whether or not exceptional circumstances exist to justify changes to your Green Belt boundary. Clearly the new NPPF is likely to have an implication on how this matter is considered, but we feel it is important that for those authorities where unmet need is identified, that all options, including within the Green Belt, are at least considered, before discussions are undertaken through the Duty to Cooperate regarding potentially exporting need elsewhere. We therefore suggest, subject to the implications of the new NPPF, your unmet development needs and the limited land availability in your Borough and other Black Country LPAs, is likely to require further consideration of your Green Belt boundaries to satisfy national policy.
4.4. The potential changes to the NPPF are not likely to materially affect the requirement for a Local Plan to deliver an appropriate and sustainable strategy for growth and development in that particular LPA area. The most appropriate and sustainable strategy to deliver development to meet the needs of Sandwell will continue to be, using land available within your Borough or land in adjacent Black Country LPA before seeking co-operation from within the GBBCHMA, or related FEMA or other closely related authorities. It is considered that this process should properly include the consideration of exceptional circumstances for the release of Green Belt land, for development in Sandwell or within the Black Country, in addition to seeking help from other LPA as a strategic cross boundary matter.
4.5. We consider your approach is already largely compliant with national policy but some further steps may help to justify the soundness of your draft Local Plan and show whether Balanced Green Growth is an appropriate strategy for your Borough. We acknowledge that you:
a. have evaluated the urban capacity of your Borough as part of more extensive assessments across the Black Country area. Your Authority can more clearly identify their unmet development needs to support ABCA to engage effectively in the DtC process.

b. are considering the sustainability of directing development into your urban area, into the wider Black Country area, into neighbouring urban authorities and have looked for further opportunities within and beyond the Metropolitan Green Belt to meet your unmet needs as required by NPPF, paragraph 142.
4.6. We ask you to consider whether your preferred strategy triggers exceptional circumstances for the release of Green Belt land and whether you should make changes to your Green Belt boundary to comply with paragraphs 142 and 143 of the NPPF to:
a. promote sustainable patterns of development and use land which was previously developed and/or is well served by public transport (para. 142);
b. consider whether there is any Green Belt land within their administration where it is not necessary to keep the land permanently open (para. 143);
c. consider whether it is necessary to safeguard land between the urban area and the Green Belt to contribute towards longer term development needs (para. 143);
c. consider how releasing Green Belt land for development might reduce your unmet development needs and improve the effectiveness of your DC process.
4.7. These further considerations should help your Authority demonstrate whether or not exceptional circumstances are fully evidenced and justified to release or safeguard Green Belt land for development and, whether or not it is necessary to change your Green Belt boundaries in relation to NPPF, paragraph 140.
4.8. We consider these further measures are necessary due to the ongoing uncertainty about delivery through the DtC process. There is a clear expectation that further contributions will be sought from LPA in the GBBCHMA and from closely related authorities to meet your unmet needs and to support the other Black Country LPA.
4.9. This advice seeks to help your Authority show how your draft Local Plan provides an appropriate strategy for your Borough. We believe this will help to evidence your compliance with the tests of soundness for plan making in national policy.
5. Next Steps
5.1. We trust these officer comments are of assistance. Shropshire Council welcomes further D2C discussions with Sandwell Council, including the matters raised within this response, following the conclusion of your current consultation.
Kind Regards
Edward West
Planning Policy and Strategy Manager
Shropshire Council