Draft Regulation 18 Sandwell Local Plan

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Comment

Draft Regulation 18 Sandwell Local Plan

Policy SDS1 – Development Strategy

Representation ID: 952

Received: 13/12/2023

Respondent: Home Builders Federation

Representation Summary:

22. HBF believe that Sandwell’s inability to meet its housing (and employment) needs requires revisiting the Spatial Strategy and results in the ‘exceptional circumstances’ that would require the need for a Green Belt review as set out in para 140 of the NPPF.

23. HBF notes that the issue of fully meeting housing needs within Sandwell remains, despite the ending of the work on Black Country Plan. Sandwell therefore needs to undertake its own calculations for the housing need and requirement, robustly test how much of this can be met within Sandwell and how much (if any) is an unmet need. The Council then need to work with neighbouring authorities to identify how that unmet need will be redistributed and prepare a Statement of Common Ground on this issue. This issue is both a soundness and a Duty to Cooperate issue. At this stage HBF do not believe the Council has done enough to try and meet all its needs, or explored every and all option to do so.

Object

Draft Regulation 18 Sandwell Local Plan

Justification

Representation ID: 953

Received: 13/12/2023

Respondent: Home Builders Federation

Representation Summary:

Policy SDS6- Green Belt

24. HBF strongly disagree with the conclusion in para 3.84 which says:

“It is the Council’s view that there are no exceptional circumstances in Sandwell that would justify amending current boundaries and releasing any areas of green belt for new development. While there is an identified shortfall of land suitable for housing and economic development, this of itself does not outweigh the need to maintain the openness and permanence of the green belt within Sandwell, especially given the densely developed and urban character of most of the rest of the borough. HBF would argue that the current housing crisis and the inability of Sandwell meet its own needs (the Plan is looking to plan for only a third of the identified housing need) provide just such exceptional circumstances to necessitate a Green Belt review, which must include the consideration of both employment and housing sites.

25. NPPF (para 20) is clear that “Strategic policies should set out an overall strategy for the pattern, scale and design quality of places, and make sufficient provision housing (including affordable housing), employment, retail, leisure and other commercial development”. Para 11 of the NPPF states that “all plans should promote a sustainable pattern of development that seeks to: meet the development needs of their area; align growth and infrastructure; improve the environment; mitigate climate change (including by making effective use of land in urban areas) and adapt to its effects”.

26. HBF cannot see how a plan that provides for only a third of its housing requirement standard method baseline (and HBF argue the housing requirement itself should be higher) can meet the requirements to be positively prepared and set out a clear long term vision for the area which is the purpose of plan-making. NPPF para 60 clearly states that “to support the government’s objective of significantly boosting the supply of homes, it is important that a sufficient amount and variety of land can come forward where it is needed, that the needs of groups with specific housing requirements are addressed and that land with permission is developed without unnecessary delay.”

27. HBF believes the Council’s inability to meet their own housing need in the midst of a housing consider is a factor that constitutes the exception circumstances that justify Green Belt release.

28. HBF support ambitious growth aspirations in Sandwell. HBF highlight the need to consider the interaction between employment and housing. An increase in the number of jobs can it itself generate a requirement for additional housing, and failure to provide housing can have negative impacts on the economic and social wellbeing of the area. The Plan must recognise and reflect this reality.

29. The Plan need to ensure there is a sufficiency of Housing Land Supply (HLS) to meet the housing requirement, ensure the maintenance of a 5 Year Housing Land Supply (5YHLS) and achieve Housing Delivery Test (HDT) performance measurements. HBF cannot see how achieving these aims is possible without Green Belt release. It is noted that this may in turn also effect the spatial strategy for the Local Plan.

30. HBF also suggest the Council should give explicit consideration to whether BNG development is acceptable within the Green Belt and/or if Green Belt boundaries need to be revised accommodate schemes that deliver off-site BNG, and possibly even on-site biodiversity gains.

Comment

Draft Regulation 18 Sandwell Local Plan

Policy SNE2 – Protection and Enhancement of Wildlife Habitats

Representation ID: 954

Received: 13/12/2023

Respondent: Home Builders Federation

Representation Summary:

32. HBF has been involved in a significant amount of work, being led by the Future Homes Hub, on BNG preparedness for some time and note that it is somewhat unfortunate that the timing of the release of the draft Planning Practice guidance from DLUHC and the Draft DEFRA BNG Guidance has seen this information released midway through your consultation period.

33. HBF note that there is a new information for the Council to work though and consider the implications of, in order to make the necessary changes to the Biodiversity Net Gain policy, so that it complies with the latest policy and guidance as it finalised.

35. There are clearly some areas of the Sandwell Local Plan BNG policy and guidance that will need revising and updating, particularly because the (draft) PPG is clear that there is no need for Local Plan policies to repeat national guidance. For example, HBF would suggest criteria two and eight are not necessary as they are merely repeating national policy.

Comment

Draft Regulation 18 Sandwell Local Plan

Policy SNE2 – Protection and Enhancement of Wildlife Habitats

Representation ID: 955

Received: 13/12/2023

Respondent: Home Builders Federation

Representation Summary:

37. It is the HBF’s opinion that the Council should not deviate from the Government’s requirement for biodiversity net gain as set out in the Environment Act. There are significant additional costs associated with biodiversity gain, which should be fully accounted for in the Council’s viability assessment. It is important that BNG does not prevent, delay or reduce housing delivery.

38. Any requirements to go beyond 10% BNG needs to be clearly demonstrated with evidence including considering the implications of the policy approach as part of the whole plan viability appraisal. In particular, HBF would question how the viability of more than 10% BNG can be established when the market for off-site credits, and therefore the costs of delivering the 10% mandatory BNG system are still emerging.

39. HBF note that work undertaken by DEFRA to inform the national percentage BNG requirement found that a 20% net gain requirement would add c.19% to the net gain costs, over and above the minimum requirement of 10%. The report concluded that:

“While this suggests that varying the level of net gain between 5% and 20% has very limited impact on the outcome, there is a trade-off between cost implications for developers and the likelihood of net gain being delivered at a national level (e.g. less costly/likely at 5% net gain compared to 10%, and vice versa for 20%). Our chosen policy approach, which sets out that 10% is the right level to demonstrate net gain, considers this trade-off among other issues.”

40. HBF also notes that the proposed policy wording and supporting text in the Local Plan will need to reflect both that the Environment Act which requires 10% Biodiversity Net Gain, and the emerging policy, guidance and best practice on how Mandatory Biodiversity Net Gain will be implemented. There is an important policy distinction to made between the national mandatory requirements and any optional further requests from LPAs to go further and faster. In particular the 10% national target is non-negotiable from a viability perspective, but policies seeking over 10% can be challenged on viability grounds. This distinction needs to be recognised within the Local Plan.

Comment

Draft Regulation 18 Sandwell Local Plan

Policy SNE2 – Protection and Enhancement of Wildlife Habitats

Representation ID: 956

Received: 13/12/2023

Respondent: Home Builders Federation

Representation Summary:

41. HBF suggest particular care is needed in terminology to ensure the Sandwell policy reflects the national policy and guidance. For example, on-site and off- site biodiversity is referred to as units, and the statutory national credit system of last resort is referred to as credit. It is important for the wording of the policy to accurately reflect the legalisation and guidance.

Comment

Draft Regulation 18 Sandwell Local Plan

Policy SNE2 – Protection and Enhancement of Wildlife Habitats

Representation ID: 957

Received: 13/12/2023

Respondent: Home Builders Federation

Representation Summary:

42. HBF question the wording of criteria six, as it should be for the BNG plan to set out what happens if monitoring shows any BNG measure are ineffective. For large and complex sites where the development is phased, the guidance is clear that the 10% must be delivered at the end of the development, and this may not result in 10% BNG on each phase.

Comment

Draft Regulation 18 Sandwell Local Plan

Policy SNE2 – Protection and Enhancement of Wildlife Habitats

Representation ID: 958

Received: 13/12/2023

Respondent: Home Builders Federation

Representation Summary:

43. It is also important to note that Local Nature Recovery Strategies are new initiative, and one has yet to be prepared that covers Sandwell. As the LNRS emerges it will be important for this Local Plan to be kept under review and further public consultation on the interaction between the two documents and/or changes to Local Plan policy to reflect the LNRS may be needed.

Comment

Draft Regulation 18 Sandwell Local Plan

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

Representation ID: 959

Received: 13/12/2023

Respondent: Home Builders Federation

Representation Summary:

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

44. HBF would question how the Council arrived at the requirement for 3 replacement trees for everyone lost and what (if any) assumptions have been relation to the size and standard of trees. HBF considers that a three for one replacement policy could impact on the land uptake for any development and may have implications for the density of developments, which in turn has the potential to have an impact on the viability of developments.

45. HBF suggest further flexibility is needed in the policy, for example hedgerow removal may be an essential to gain access to a site, but BNG policies which require 10% net gain from the pre-development baseline so any loss would already have to be compensated. HBF suggest the Council should give more thought to how the suite of environmental policies are intended to work together so that developers are completely clear what is expected of them, and to ensure that the policies do not serve to make development undeliverable. The interrelationships between the BNG policy and other environmental policies needs to be fully considered and explained.

Comment

Draft Regulation 18 Sandwell Local Plan

Policy SCC1 – Increasing efficiency and resilience

Representation ID: 960

Received: 13/12/2023

Respondent: Home Builders Federation

Representation Summary:

Policy SCC1 – Increasing efficiency and resilience

46. The HBF supports the Government’s intention to set standards for energy efficiency through the Building Regulations. The key to success is
standardisation and avoidance of individual Council’s specifying their own policy approach to energy efficiency, which undermines economies of scale for product manufacturers, suppliers and developers. The Councils do not need to set local energy efficiency standards in a Local Plan policy because of the higher levels of energy efficiency standards for new homes set out in the 2021 Part L Interim Uplift and proposals for the 2025 Future Homes Standard, which are currently out for consultation.

47. HBF also draws the Council’s attention to the recent Ministerial Statement on this issue which says “the Government does not expect plan-makers to set local energy efficiency standards for buildings that go beyond current or planned buildings regulations. The proliferation of multiple, local standards by local authority area can add further costs to building new homes by adding complexity and undermining economies of scale.” See https://questions- statements.parliament.uk/written-statements/detail/2023-12-13/HCWS123

Comment

Draft Regulation 18 Sandwell Local Plan

Policy SCC2 – Energy Infrastructure

Representation ID: 961

Received: 13/12/2023

Respondent: Home Builders Federation

Representation Summary:

Policy SCC2 – Energy Infrastructure

48. HBF is concerned about mandatory requirements to connect to district heating networks. HBF considers that it is important that this is not seen as a requirement and is instead implemented on a flexible basis. Heat networks are one aspect of the path towards decarbonising heat, however, currently the predominant technology for district-sized communal heating networks is gas combined heat and power (CHP) plants. Over 90% of district networks are gas fired. As 2050 approaches, meeting the Government’s climate target of reducing greenhouse gas emissions to net zero will require a transition from gas-fired networks to renewable or low carbon alternatives such as large heat pumps, hydrogen or waste-heat recovery but at the moment one of the major reasons why heat network projects do not install such technologies is because of the up-front capital cost. The Council should be aware that for the foreseeable future it will remain uneconomic for most heat networks to install low-carbon technologies. This may mean that it is more sustainable and more appropriate for developments to utilise other forms of energy provision, and this may need to be considered.

49. Government consultation on Heat Network Zoning also identifies exemptions to proposals for requirements for connections to a heat network these include where a connection may lead to sub-optimal outcomes, or distance from the network connection points and impacts on consumers bills and affordability.

50. Furthermore, some heat network consumers do not have comparable levels of satisfaction as consumers on gas and electricity networks, and they pay a higher price. Currently, there are no sector specific protections for heat network consumers, unlike for people on other utilities such as gas, electricity or water. A consumer living in a building serviced by a heat network does not have the same opportunities to switch supplier as they would for most gas and electricity supplies.

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