Draft Regulation 18 Sandwell Local Plan
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Draft Regulation 18 Sandwell Local Plan
APPENDIX B - Sandwell Site Allocations
Representation ID: 1184
Received: 18/12/2023
Respondent: Wain Estates
Agent: Turley
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:
• 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.
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.
Attachments:
Comment
Draft Regulation 18 Sandwell Local Plan
APPENDIX B - Sandwell Site Allocations
Representation ID: 1185
Received: 18/12/2023
Respondent: Wain Estates
Agent: Turley
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:
• 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.
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.
Attachments:
Comment
Draft Regulation 18 Sandwell Local Plan
APPENDIX B - Sandwell Site Allocations
Representation ID: 1186
Received: 18/12/2023
Respondent: Wain Estates
Agent: Turley
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:
• 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.
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.
Attachments:
Object
Draft Regulation 18 Sandwell Local Plan
Policy SHO2 – Windfall developments
Representation ID: 1187
Received: 18/12/2023
Respondent: Wain Estates
Agent: Turley
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.
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.
Attachments:
Object
Draft Regulation 18 Sandwell Local Plan
Policy SHO4 - Affordable Housing
Representation ID: 1188
Received: 18/12/2023
Respondent: Wain Estates
Agent: Turley
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.
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.
Attachments:
Object
Draft Regulation 18 Sandwell Local Plan
Policy SDS6 – Sandwell's Green Belt
Representation ID: 1189
Received: 18/12/2023
Respondent: Wain Estates
Agent: Turley
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.
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.
Attachments:
