Sandwell Site Allocations and Delivery Development Plan Document and West

Bromwich Area Action Plan

Council’s Statement in respect of Matter 2 General Issues

Matter 2.1 Do both DPDs conform to national policy and how would the plans be affected by the introduction of the NPPF? i.e if the NPPF removes much of the detail currently in guidance does the Council need to take steps to address this in any way and if so, what? Conformity The Black Country Core Strategy has recently been found sound (February 2011), indicating how it was consistent with the then extant national planning guidance. The BCCS sets a challenging transformational agenda and is pro growth whilst protecting and enhancing the historic, natural and built environment. It is therefore entirely consistent with the spirit of the new draft NPPF. Both DPDs were prepared within the context of the BCCS. In that the two DPDs are in conformity with and deliver this strategic direction at the local level it follows that they too are generally consistent with existing National Policy. Furthermore when preparing these local documents the Council ensured that their provisions were consistent with the content of National Guidance. Implications of the NPPF. Whilst the documents are in conformity with current National Guidance, they do not repeat it and it is therefore a possibility that some of the detail of the current guidance may be lost when the streamlined NPPF is introduced. The draft NPPF by definition is not the final document and it has been criticised by the Select Committee and others, particularly with regard to the definition of sustainable development. It is therefore not possible to provide a definitive response with regard to the implications of any lost detail at this time. However it is considered that the two documents largely meet the objectives, planning principles and policies of the draft framework. In particular the Council is confident that the two documents conform fully with any reasonable definition of the “Golden Thread” of sustainable development. It is also confident that they will, in combination with the BCCS, provide an appropriate local interpretation of national guidance and effective vehicles for its delivery. The Government have specifically sought to streamline national guidance. To reintroduce any of the detail omitted would only be appropriate where it was essential to a local interpretation of the NPPF. Following a full consideration of the new guidance when it emerges there is a possibility that there may be a need for further local interpretation or detail.

It would however not be appropriate for amendments to be made to the DPDs based upon this draft document, as any such amendments may not reflect the final guidance and could therefore be contrary to its provisions when it does becomes policy. For example the draft guidance amends the centres first approach to the location of offices. Were the SAD DPD or the AAP to introduce this as policy and the NPPF subsequently did not pursue this approach, the DPDs would not be in conformity with the Guidance, nor indeed with the BCCS. The introduction into the DPDs of any significant additional policies or proposals or amendments to them without their first being subject to consultation would not be sound. The Council do not consider it appropriate to delay the adoption of the SAD DPD or AAP in order to carry out consultation on changes based upon a draft document nor to delay the adoption until the final NPPF is published. To do so would delay the certainty and clarity that these documents provide to the development industry, businesses and residents and therefore may prejudice much needed investment and regenerative activity. Should any additional guidance be required this could be brought forward as SPD based upon the “hooks” within the NPPF and the BCCS.

Matter 2.2 Are there any issues arising from changes to Government policies/initiatives/funding which could impact on either DPD? i.e how are changes to initiatives such as Schools for the Future, Housing Pathfinder Status etc likely to affect the strategies behind your plans. Government policies, initiatives and funding for regeneration have constantly changed over the last 20 years and more. Throughout this time Sandwell MBC has been successful in attracting and utilising funding for regeneration from successive governments, notably the Urban Programme, the Development Corporation, City Challenge etc. More recently there was the New Deal for Communities which was utilised to provide comprehensive regeneration of Greets Green. It is acknowledged that a number of recent initiatives have been wound up. Indeed at the BCCS EIP the issue of changing circumstances, including BSF was discussed. The Inspectors concluded that following the deletion of redundant initiatives that these deletions do not alter the objectives or implementation of the JCS. For example the issue of the changes to BSF raised issues of quality of school buildings, it did not throw doubt upon the availability of school places. Government resources and the economic environment fluctuates. Having in place two DPDs means that the Borough is well placed to maximise the benefits of whatever resources are available. The Council has a track record of attracting and utilising such mechanisms and remains committed to maximising the benefits to the Borough that these initiatives can offer. It is confident that it can maintain this record, for example: Housing There is an agreed HCA programme of schemes that will come forward over the next few years which includes schemes across the Borough. The recent allocation will enable a range of affordable housing to be delivered on already identified sites either by the local authority, or a partnership approach through the Developer Framework. Through the HCA Programme, it is estimated that approximately 1498 Affordable homes will be delivered, with 1236 Private Sector. Sandwell has secured from the HCA an offer of £10m Social Housing Grant funding for 2012-2015 which also includes potential access to other funding streams during the programme to 31 March 2015. The £10 million is for the delivery of 450 new homes on a range of sites supported by SHG. Sandwell's offer is part of a broader development programme with approved Housing Development Framework partners to develop 2,500 homes in Sandwell 2012-15 (this equates to £21 million public subsidy with approximately £193 million private sector leverage).

Whilst Urban Living (Pathfinder) which has assisted in delivering a number of schemes across West Bromwich and Smethwick has ceased, remaining funds have been transferred to the LA to continue with delivering housing in the pathfinder area. This funding has helped the preparation of the Windmill Eye Neighbourhood Plan and these sites are now ready to be brought forward with assistance from the Private Sector as well as through the HCA Programme/Developer Framework. Business and the Economy The Council takes a proactive approach in working independently and with others to lever in European funding to support economic development and regeneration. In addition the Council manage a £12M Priority 3 package of ERDF Sustainable Urban Development funding for deprived wards in the south Black Country (Sandwell & Dudley). The Council has also been highly successful in helping local businesses to bid for the Government's new Regional Growth Fund. In round 2 Sandwell were successful in winning a third of all bids secured by the West Midlands region. This included £8M of grant for the expansion of 6 local companies and being part of a multi-LEP bid which secured £25M of funding to support the development of companies in the automotive and aeronauctical sector supply chains. The Government have subsequently announced plans to increase this fund to £125M nationally. Sandwell Council will be administering the £9.6M Growing Places Fund on behalf of Black Country Local Enterprise Partnership. This will be used to help fund off-site works and infrastructure improvements to open up sites for development, eg Woods lane, Cradley Heath Despite the recession, credit crunch and Government's withdrawal of gap funding to bring forward unviable sites, the Council has successfully secured the development by Pure Offices of a 65 unit Enterprise Centre on a Council owned site adjacent to Sandwell and Dudley station. Analysis of the local demand and supply of small business premises identified a clear need for a modern Enterprise Centre. A detailed planning brief and Site Investigation was prepared to provide clarity on acceptable development and site constraints. To further de-risk the site's development, reduce financing costs and ease cashflow, the site was also offered through an overage arrangement with a peppercorn rent being linked to a share of net rental income when a reasonable return had been generated. The Council also uses its property finding and inward investment services to help property owners and their agents to identify potential occupiers The Council is also involved in bids to secure gap and loan funding for unviable employment generating developments. The approaches adopted in bringing forward the Enterprise Centre's development will be used alongside the Joint Core Strategy, Site Allocations Document and Business Friendly Planning Service improvements to encourage and facilitate the development

of other Council and privately owned sites. Consultants have been commissioned to analyse and identify a shortlist of site which would be attractive to and viable for developers to bring forward over the next few years. Actions the Council needs to take to facilitate this process have been identified on a site by site basis. The top 10-12 sites identified were 'showcased' to developers and commercial property agents at a business breakfast meeting in Consultants’ Birmingham offices on 7th February. These sites and the support available through Sandwell Council will subsequently be promoted through the local and property press and the Council's on-going engagement with businesses, developers and agents. Sandwell Council has already allocated £500,000 to help pioneer the establishment of two highly successful loan funds to provide £1.75M of investment to help Sandwell businesses through the credit crunch. Loans of between £20,000 and £50,000 have been provided in situations where businesses have been unable to secure the funding they need from traditional lenders such as the banks. This funding has often been used as part of a wider cocktail of funding to help local businesses access even higher levels of resources from a wider range of funders including the banks. These loans have been promoted as the Sandwell Business Loan Fund, and have been administered by a not for profit Industrial Provident Society and The Black Country Reinvestment Society (BCRS). BCRS is a Community Development Finance Initiative that is now recognised by the Government as an example of national best practice. A third tranche of funding is now potentially available from the European Development Fund to further extend the Sandwell Business Loan Fund. A bid is being prepared to set up a £8M gap funding programme to provide ERDF grant support for private sector property investment in the Black Country for developments associated in particular with bringing forward the area’s former industrial sites The Sandwell Council Development Agency Model In response to regeneration issues and following the recommendations of the Planning Peer Challenge carried out by the Local Government Association in late 2011, Sandwell is promoting a Development Agency model to engage with developers in order to drive investment and promote emerging development sites directly to potential developers/ investors. Sandwell is taking a proactive approach to delivering development through identifying and combining sites where appropriate to create viable land packages and using Council land assets to prime market investment. Sites are promoted and 'de-risked' through the production at the earliest stage of Development Briefs to give additional confidence to developers that proposals will be supported through the Development Management process. This Development Agency approach is key to driving forward regeneration in the Borough through effective engagement with the private sector and promoting confidence in Sandwell.

Green Infrastructure The Natural Environment White Paper announced funding of £7.5m over the spending review period of 2011-14. Sandwell as part of the Birmingham and Black Country bid has progressed to stage two of the process to become one of twelve pilot Nature Improvement Areas (NIAs). These will be funded through DEFRA. Conclusion Despite changes to Government Regenerative programmes and initiatives, the Council is confident that the delivery of the SAD DPD will continue effectively.

Matter 2.3 Are both plans consistent with the BCCS and capable of meeting its objectives. Consistency: The Council is confident that the two documents are consistent with the Black Country Core Strategy (BCCS): The BCCS provided the strategic direction for the two DPDs. The Core Strategy’s Corridors Approach and the Corridor Visions were used as the basis for the preparation of the SAD DPD. Furthermore the broad indicative areas established within the BCCS provided the areas of search for the identification of the detailed housing allocations and for the employment land areas. The BCCS Centres’ objective of focussed investment and the development of comparison shopping and offices in Strategic centres is shared by the WBAAP Meeting the BCCS objectives: The BCCS lists ten Spatial Objectives. The Council are confident that the two DPDs contribute significantly to delivering these, i.e: SO1. Focussed investment and development in comparison shopping, office employment, leisure, tourism and culture within the four Strategic Centres: West Bromwich to retain and increase its share of economic activity and meet the increasing aspirations of their catchment areas. West Bromwich AAP has allocated a number of sites within the Plan to address the need for quality retail growth and office accommodation. There are also proposals for leisure use, within the new Tesco development, as well as a new swimming pool/fitness suite. Other proposals within the plan have identified suitable locations for the promotion of mixed use developments including cultural, civic, residential, retail and ancillary uses to provide for a vital and viable town centre. SO2 A restructured sub-regional economy which provides sufficient high quality employment land in the best locations within Regeneration Corridors to attract new high technology and logistics businesses and also recognises the value of local employment land.

The DPDs deliver some 475 ha of existing and potential Strategic High Quality Employment Land and 607 ha of local employment land and a total of 1082 ha against a 2021 BCCS target of 999ha.

Furthermore there are 70 ha of potential employment development opportunities identified against a BCCS target of 108ha.

West Bromwich AAP – Office locations have been identified within the town centre as well as near to junction 1(M5) to take advantage of the key and prominent gateway locations. Approximately 62ha Local Employment Land has been proposed to be retained along Kelvin Way (Proposal WBPr35) to ensure that the local economy is also catered for on the outskirts of the area, but still retaining important links to the Strategic Highway Network.

SO3 Model sustainable communities on redundant employment land in the RCs, making the most of opportunities such as public transport and canal networks, well served by residential services and green infrastructure, have good walking, cycling and public transport links to retained employment areas and centres, are set in a high quality natural and built environment and are well integrated with surrounding areas. The SAD DPD identifies sufficient land to deliver 12257 homes, the majority of which are based on former employment land within the Corridors and are based on those indicated in the BCCS.

These new communities benefit from the excellent strategic public transport opportunities which underpin the BCCS Corridors. Similarly they will have access to the jobs, shops and services provided by the many town centres which serve them.

Access to employment opportunities provided by the retained employment land is available by a range of modes, including public transport, walking and cycling.

There are also policies in the plan that protect the historic, built and green environment which provide for these communities.

West Bromwich Area Action Plan has set out a strategy for the regeneration of the town centre and the wider area. This includes promoting sites which will assist in the transformational change for retail and commercial uses, but also identifying new housing sites where they will contribute to the promotion of sustainable communities. Some of the proposals in the plan utilise poorer quality employment land for new housing, adjacent to the canal network and within reach of centres such as West Bromwich and Oldbury. Where possible, existing transport links are used, but the Plan also proposes new cycle routes and identifies a transport strategy that will assist in improving accessibility to both new and existing uses for pedestrians, cyclists and public transport users whilst also accommodating those who wish to travel by car.

SO4 Enhancements to the character of the Black Country’s existing housing areas by protecting and improving high quality residential areas and pursuing a sustained and focussed programme of housing renewal

The quality of residential areas, notably their open spaces and green infrastructure, is protected and promoted by the Environment and Open Space policies and proposals of the SADD. SAD EMP 4 ensures an appropriate relationship between residential uses and industrial areas. SAD DM2 indicates that residential areas are generally inappropriate for the erection of poster panels. Policy SAD DM 9 protects residential amenity against the possible adverse impact of hot food takeaways SO5. A network of vibrant and attractive town, district and local centres Strategic Centre West Bromwich is identified as one of the Strategic Centres in the Black Country. The West Bromwich Area Action Plan has set a vision and strategy to assist in the retail and commercial growth envisaged for such a Centre with proposals to help to deliver sufficient retail floorspace, new office accommodation and other town centre uses within a defined retail core. Other Centres The SAD DPD has defined the boundaries of the centres identified within the BCCS hierarchy to which the BCCS Centres policies will apply. The Retail Core of a number of centres has been defined where appropriate. The SADD has also identified and defined 15 new local centres, following the BCCS benchmarking exercise, to which the BCCS Policy C5 in particular will apply. The SAD DPD has also included a policy - SAD CEN1 Non Retail uses in Town Centres - which will protect the vitality and viability of all these centres in particular against over proliferation of non retail uses within them. The SAD DPD has allocated significant increased residential properties within the catchment of these centres which will enhance their vitality and viability. There are also a range of policies within the SAD DPD which respond to particular issues in Town Centres: SAD DM 3 Amusement Arcades, SAD DM 8 Design and Installation of Shop Front Roller Shutters, SAD DM 9 Hot Food Takeaways and SAD DM 10 Shop Front Design. SO6. A high quality environment fit for the future, and a strong urban park focussed on beacons, corridors etc….

The West Bromwich AAP identifies that new development within the area will also need to acknowledge the requirement for improvements to the existing green space network where appropriate, or the inclusion of new green space to increase the attractiveness of the area. This will include local green

spaces, play areas, contributions to nearby parks and improvements to pedestrian linkages to aid safe movement through the area. In addition to this, policies within the plan also promote improvements to the public realm through either direct implementation of public realm schemes as part of a development or contribution to the wider projects as set out in the West Bromwich Streetscape Strategy. Design is also a major consideration of the plan, ensuring that the right development is promoted that integrates well with the existing fabric of the buildings, addresses key nodes within the town and provides for safe, quality linkages to assist in moving throughout the area.

Attention is also drawn to the revision to the West Bromwich Conservation Area boundary which will ensure that the Conservation Area is better managed, protected and enhanced within a more defensible area, as well as to the protection and enhancement of the area’s natural environment, protected sites and sites of particular importance.

There are the following WBAAP Policies which contribute to this objective:

WBP3 – Public Realm WBP4 – Design Principles WBP6 – Green Space and Recreation WBP8 – Conservation Area WBP9 – Natural Environment

There has been a successful bid for £4.1 ERDF to deliver major public realm improvements in West Bromwich.

The SAD DPD similarly protects and promotes improvements to a wide range of environment assets, such as: green spaces, wild spaces, canals, historic buildings, structures and areas and the amenity of specific areas. These are indicated on the Proposals Map, discussed in the Corridors sections and are covered by SAD DPD policy, notably:

SAD HE 1 Listed Buildings SAD HE 2 Conservation Areas SAD HE 3 Buildings and Structures of Local Historic/Architectural

Importance SAD HE 4 Registered Parks and Gardens and other undesignated

green spaces SAD HE 5 Archaeology & Development Proposals SAD HE 6 Areas of Townscape Value SAD EOS 1 The Greenspace Hierarchy SAD EOS 2 Green Belt SAD EOS 3 Rowley Hills Strategic Open Space SAD EOS 4 Community Open Space SAD EOS 5 Allotments SAS EOS 7 Floodlighting… SAD EOS 8 Water Sports and Recreation Uses SAD DC 4 Pollution Control SAD TEL1 Telecommunications Antennae and Masts

SAD DM 2 Poster Panels

SO7. A first Class transport network…. The SAD DPD protects and promotes improvements to a first class transport network. Aspects of this are indicated upon the Proposals map, such as the Cycle network, discussed within the Corridors and covered by policy, notably; SAD TRAN 1 and 2 AAP Policy WBP10 and 12 respectively identify additions and improvements to the cycle and pedestrian and public transport networks in and around West Bromwich. In addition Policy WBP 13 proposes improvements to the local highway network that support the growth strategy. In addition, the West Midlands Local Transport Plan (LTP3) supports this objective through its long term themes (LTTs). The following are of particular relevance:

• LTT1: Regeneration, Thriving Centres, Corridors and Gateways. • LTT3: Modal Transfer and the Creation of Sustainable Travel

Patterns. • LTT5: A Rail and Rapid Transit Network “Backbone for Development”. • LTT6: Improved Local Accessibility and Connectivity.

These long term themes are carried forward through the strategy and the implementation plan which contains a number of proposals identified in the SAD DPD and AAP. SO8. A sustainable network of community facilities, particularly high quality lifelong learning, health care and sport and recreation facilities The DPDs includes a range of proposals contributing to a network of community facilities, including: Education A new college campus is planned for West Bromwich; this will help facilitate a growth in skills, support social inclusion & increase access to job opportunities The former Warley High and Langley High Schools have been combined to become Oldbury College of Sport. Smethwick Learning Campus will be a mixture of refurbishment and new build at Holly Lodge School.

The new Rowley Learning Campus will provide new shared use facilities for the northern part of the corridor. Health A medical centre is propose at Great Bridge Health provision in the corridor RC8 consists of a number of health centres (Wednesbury West Bromwich), for which improvements are planned and a number of GP practices. Sandwell PCT is also pursuing further new provision within the corridor at Great Bridge and Wednesbury. Health provision in the corridor RC 9 is focused on the PCT health facility at Neptune Health Centre, Tipton, for which improvements are planned. There are also plans to expand Glebefields Health Centre, which although located outside of the corridor still serves a portion of the catchment. In addition to these facilities there are a number of GP practices and doctors surgeries within the Corridor. Within Corridor RC12 a new acute hospital is proposed on a site at Grove Lane in Smethwick to deal with the more acute cases and accident and emergencies.. The West Bromwich Area has the Sandwell General Hospital and the Lyng Health Centre. Health provision in the corridor RC13 consists of Rowley Regis Community Hospital, for which improvements are planned, and a number of GP practices. Sport and Recreation In West Bromwich, there are plans to build a new Swimming Pool at Bromford Road, on the edge of the Town Centre. This will include a six lane 25 metre pool with a fitness suite and car parking. The Portway Lifestyle Centre will provide a sports hall, a hydrotherapy pool, a gym and weight area, a dance studio, a climbing wall and a cafeteria for the Tividale area as well as a purpose-built GP surgery. On the western edge of Wednesbury Town Centre is located Wednesbury leisure centre. The centre has a fully equipped gym, it has modern changing facilities, two pools and a sports hall offering team sports and fitness classes. The mixed use allocation at the Junction, Oldbury will see leisure led development. A major new facility, Tipton Leisure Centre on Alexandra Road, has commenced and is scheduled to open later in 2012, including a 25m swimming pool and learning facilities, together with a gym, and dance studio. Corridor RC13 features a number of leisure facilities, notably Haden Hill

House Haden Hill Leisure Centre and Haden Hill Park which has Green Flag status. Within Corridor RC16 the Cracker is undergoing major improvements, including new playing fields, and further facilities are anticipated as a result of planning gain. SO9. Sufficient waste recycling and waste management facilities in locations which are the most accessible and have the least environmental impact. The waste management capacity requirements of the Core Strategy will be met by using the policies of the Core Strategy which are sufficiently detailed to guide waste management facilities in our employment areas: Policy WM2 provides protection and retains the capacity of existing strategic waste management facilities, and encouraging and facilitating enhancement of existing facilities will support sustainability principles, as well as Spatial Objective 9. Policy WM4 provides a detailed criteria based steer to locate waste management facilities towards the most suitable locations where they are likely to generate maximum benefits in terms of co-location, provide supporting infrastructure for other uses, and minimize potentially harmful effects on the environment and local communities, will support the Spatial Objectives 2 and 9. The Policy (WM4) sets out detailed criteria for a variety of different waste management operations, for example the range of operations which are likely to be suitable on all Employment land and those operations which are only likely to be suitable on local quality employment areas. The total new capacity requirements for C&I waste in the Black Country by 2026 is 1,000,000 tonnes. If this is equally divided by the four authorities then our apportionment comes to 250,000 tonnes - we have or are in the process of consenting 570,000 tonnes of capacity, this demonstrates that the current policy tools are adequate to deliver the the capacity requirements. Among the facilities granted consent using these policies is the Advanced Recycling and Electricity generating Facility at Union Road Oldbury. Waste sites and proposals are indicated on the Proposals Maps and are discussed within the Corridor Sections of the SAD DPD. SO10 Safeguard and make the most sustainable use of the Black Country’s mineral resources including primary, secondary and recycled materials, without compromising environmental quality. The Core Strategy provides for very detailed policies for the safeguarding and making most of the sustainable use of Sandwell’s mineral resources, without compromising environmental quality. Minerals can only be worked where they occur and then when economically feasible to do so.

Sandwell provided the sub-regional apportionment of the crushed rock until recently from the Hailstone/Edwin Richards Quarry, However operations ceased there in 2007 because the rock was depleted and therefore there is no longer any requirement for the Sandwell (as part of West Midlands Countys sub-regions apportionment) to produce crushed rock. There are no specific aggregates apportionments for Sandwell (this is provided by Solihull and Walsall through the West Midlands County sub-region ) The situation is not likely to change as there is no evidence that Sandwell has viable sand and gravel resources that can be economically worked. Policy MIN5 requires mineral related development to minimize the waste produced from quarrying and related processes. The use (where practicable) of alternatives to primary aggregates for building and engineering is also encouraged in Policy WM5. The Black Country’s and hence Sandwell’s focus towards sustainable development, urban regeneration and prioritizing the use of previously developed land heightens demand for aggregates but also provides opportunity for their recovery and re-use. A significant amount of aggregates processing is already taking place in Sandwell. There are six static processing facilities that are currently operational in the borough:

Grinsells at Park Rose Industrial Estate Smethwick

Recycled Aggregate Services Union Road Oldbury

MQM Products Smith Road Wednesbury

Monway House Wednesbury

Bescot Depot

Glenside Recycling Victoria Street Smethwick Anecdotal evidence suggests that on-site recycling and recovery of CD&EW is already meeting some of the demand for aggregate material in Sandwell, for example the current regeneration projects happening in West Bromwich (Tesco development) suggest that such large projects re-use and recycle aggregates on site and only infrequently require dedicated facilities off-site. Sandwell is largely a built up area and it is extremely unlikely that any new mineral resources would be exploited however there is adequate policy provision available in the Core strategy to protect and safeguard mineral resources from unnecessary sterilisation.

Matter 2.4 How confident can other parties be that the Council will be able to deliver the objectives of the CS through these plans and provide the clarity necessary to guide future development. Confidence The BCCS has set a visionary transformational agenda but one which was considered deliverable. The task of the DPDs was to indicate in detail where and how this transformation was to be delivered. There are challenges, such as the legacy of past activity, but these are recognised and taken into account by the Council in bringing forward proposals. The Council will play its part in facilitating regeneration in the Borough as far as it is able, see Matter 2.2 and 2.3. Furthermore the Council too has great experience and developed expertise with regard to the issues which arise from major brownfield development. However much of the delivery of the objectives will be through other agencies, particularly the private sector with regard to residential, employment and commercial development. The development industry within Sandwell has a successful track record and vast experience in delivering difficult sites: for example at Brades Rise where a residential development is currently being built out on a site with very significant ground conditions. Similarly the employment development at Navigation Point, Golds Hill Way, Tipton was implemented despite historic records showing the site was previously a sewage works, that there were capped mineshafts within the site and it was also constrained by Tipton Brook which had to be culverted to provide access. These agencies have been engaged in the development of both the BCCS and the DPDs and generally have supported the proposals and policies put forward by the two documents. Therefore the Council are confident that the BCCS will be delivered through the DPDs. Clarity The Council has prepared the two DPDs specifically to provide the clarity and certainty necessary for developers, businesses and other agencies to invest in and regenerate the Borough. The Council is confident that the DPDs achieve this. They do this by delivering clear detailed site allocations and by providing additional policies which supplement those of the BCCS. In order to provide certainty over the details of issues that will need to be addressed when preparing regenerative proposals.

Matter 2.5 Why has the SAD a timescale through to 2021 only (assuming that references elsewhere, e.g. paragraph 13.2, are incorrect?) It should be noted that Paragraphs 13.2 etc refer to the BCCS Vision for each Regeneration Corridor. The SAD DPD aims to deliver these as far as is possible and appropriate by 2021 In order that the clarity, certainty and confidence brought about by the SAD DPD emerged as soon as possible and the Council commenced the preparation of the document whilst the BCCS was still evolving. Therefore when the preparation of the SAD DPD began in 2008 the same base date as that of the BCCS at that time was taken, i.e. 2006. A fifteen year timescale for the document would therefore cover the period to 2021. This was considered appropriate as there was an unprecedented level of land use change proposed in the BCCS and it was anticipated that identifying detailed sites beyond this period may prove to be problematic. This timescale was made clear within the SAD DPD initial document “Planning for the next 15 years in Sandwell” was published in 2008. No issue with regard to this was raised at that time or subsequently by Government Office. The approach taken by the Council is fully endorsed by PPS 12 and within PPS3. The former does not specify a timescale for “other development documents”. The latter, in Paragraph 54 and 55, indicates how LPAs should identify in LDDs sufficient sites to deliver housing in the first five years and also to identify further supply of specific developable sites for 6 to 10 years. The SAD DPD successfully does this for the area that it covers. PPS 3 Paragraph 55 recognises that it may not always be possible to identify specific sites for years 11 to 15 and where this is the case broad locations should be indicated and shown on a key diagram. These broad areas are contained within the BCCS and are indicated on diagrams within that document. It was not considered appropriate to repeat the contents of the BCCS within a subsequent document. However more explanation and perhaps a diagram could be included in the SAD DPD to make this clear if this is considered necessary. The Sandwell Strategic Housing Land Availability Assessment, which was part of the evidence base for the BCCS as well as for the development of the SAD DPD, identified detailed potential locations up to 2021 and addressed the 21 to 26 period largely as broad locations. The Council’s approach was validated at subsequent consultation stages when the unprecedented levels of engagement with land owners, businesses and developers at both the “Options” stage (Planning for the next 15 years in

Sandwell 2008) and the “Preferred Options” stage (The Draft Site Allocations 2010) provided firm evidence that there were sufficient deliverable sites to accommodate the 2021 target figure. This process did not suggest that the BCCS was overly ambitious, but rather that specific sites for the latter period of the plan were difficult to identify. The Inspectorate in its document “Local Development Frameworks, Examining Development Plan Documents : Learning from Experience” September 2009 acknowledged that this is not unusual. Paragraph 19 noted how many authorities were clearly finding the need to identify land for the longer term (11 to 15 years ahead) very challenging. The Council considers that the timescale and approach of the SAD DPD is appropriate, deliverable and valid. The strategic direction provided by the BCCS is one largely based on the Black Country Study and is a Vision of unprecedented transformation, including the restructuring of land uses by transferring surplus employment land to housing and uplifting of the quality of employment land. The document translates the BCCS spatial strategy into meaningful proposals. In particular it allocates sites which provide12257 homes, sufficient to help achieve the BCCS 2021 housing target. It gives protection to sufficient employment land – 996 has of employment land towards the BCCS benchmark of 999, and identifies 108 hectares of potential employment development land against 70 as indicated within the BCCS - to meet the needs of the Borough’s economy. It also and protects and promotes the necessary infrastructure. The differences between the Employment Land position at 2026 and 2021 is that at the later date more local employment land will have been transferred to housing as it becomes surplus, and that the quality of more employment land will be uplifted. It is considered that the BCCS policies will be sufficient to deal with this issue post 2021. The BCCS technical work on centres indicated that, other than commitments, only small scale retail need exists outside the Strategic Centres. (West Bromwich is the Strategic Centre for Sandwell and is addressed in the West Bromwich AAP). The only exception to this is likely to be small scale convenience stores and a number of which have emerged recently. It is considered that the BCCS Centres policies adequately deal with this issue to 2026. The review of the SAD DPD is likely to follow on from the review of the BCCS which is anticipated to commence in 2016, i.e. 5 years after its adoption.

Matter 2.6 How has the SAD evolved in terms of the alternatives considered? How were these evaluated and are the choices made properly justified? The overall objective of the SAD DPD was to provide the detailed land use allocations and local policies to deliver the Black Country Core Strategy (BCCS) in that part of Sandwell covered by the document. Site Allocations In order that the certainty, clarity and confidence brought about by a site allocations document emerged as soon as possible, the Council commenced the preparation of the SAD DPD during the development of the BCCS. The preparation of the two documents was closely linked. The various stages of the BCCS established the broad areas for the major land uses and in order that the SAD DPD was in conformity with these, they were the starting point for the identification of the detailed sites. As such the initial SAD DPD document “Planning for the next 15 years in Sandwell” September 2008 included Areas of Search (AOS) based on the broad areas within the BCCS Preferred Options March 2008. Within these Areas of Search there were many individual sites which were in effect the “Options”. Detailed consideration of these shaped the Draft Site Allocations for Consultation 2010, the “Preferred Options”. Following further consultation and consideration the Publication Document 2011 emerged. Evaluation The option sites within these Areas of Search were evaluated in a number of ways: Firstly through the examination of the AOS in detail by the Corridor teams, i.e. by site visits to assess age and condition of buildings, vacancies and dereliction etc, by the review of existing data and research (e.g. BCCS technical work), by using the SHLAA and through initiatives such as Growth Points etc. Secondly through primary research, i.e. Consultants, as part of a study to bring forward development opportunities, reviewed the Borough’s employment areas and produced a list of sites and areas which they considered had potential for redevelopment for employment uses. This list formed the basis of the Employment Development Sites allocations. Thirdly, and very importantly, by consideration of the results of the unprecedented level of consultation and engagement that took place throughout the preparation of the DPD, as evidenced within the Consultation Report. Contact was made with the land owners, agents, businesses and developers by letter, by calls and by meetings to discuss their sites, their aspirations and their issues.

This information was then used to identify where within the AOS there were critical masses of sites which were surplus to requirements for employment use and which could enable an appropriate residential environment. This analysis also established those areas where employment use could be sustained. This approach to site selection has enabled robust, realistic and deliverable allocations where technical land use analysis has been synthesised with businesses needs and aspirations. Policies The document “Planning for the next 15 years in Sandwell” 2008 included the remaining policies of the UDP and questioned whether these were still considered to be relevant, whether they were in need of amendment and whether there were any new policies required. This again was in effect the policy “Options”. Following consultation and engagement the Council produced the “Draft Policies for Consultation 2010” which were effectively the “Preferred Option.” Following further consultation and consideration the Submission Document 2011 policies were prepared and published. Evaluation The consultation responses led to a number of the remaining UDP Policies being redrafted for inclusion in the SAD DPD. An example being Policy SAD DC1- Areas affected by Abandoned Limestone Mines, where the Environment Agency suggested added text concerning Licensed Groundwater Abstractors. This was supplemented by a further review of the policies by the Council, particularly Development Management, to ensure they were relevant, not repetitive and in accordance with National Policy and effective. The policies within the document are therefore considered to be properly justified. SAD DPD Process:

• September 2008 -Planning for the next 15 years in Sandwell.

• February 2010 Sandwell SHLAA 2010

• November 2010 – Draft Site Allocations for Consultation

• March 2011- Draft Policies for Consultation.

• August 2011 - The Site Allocations & Delivery Development Plan Document - Publication Document

• October 2011 – Sandwell SHLAA refresh

• 31st October 2011- The Site Allocations & Delivery Development Plan Document -Submission of Document to Secretary of State.

Matter 2.7 Is there sufficient flexibility in the SAD to cope with changes to individual sites which might render them undeliverable for the purposes envisaged in the Plan. The development of the Site Allocations have succeeded in delivering sufficient sites to demonstrate how the housing requirement for 2021 will be met and similarly how sufficient land for employment has been identified. Within this there is some flexibility because, despite heavily discounting the housing figures, there is more than sufficient residential land to achieve the targets. Similarly there is more than sufficient employment land identified in the SAD DPD and the AAP i.e. 1082ha in total against the BCCS target of 999ha. Furthermore the SAD DPD has identified 108ha of potential Employment Development Sites against a target of 70ha. Furthermore, within the SAD DPD there are a number of potential housing areas which currently are constrained by HSE zones and as such have not been allocated. There have been discussions with the HSE and developers aimed at reducing the impact upon development of these constraints and thereby opening up further residential development opportunities. Housing figures within the SAD DPD are indicative, as it is made clear in the document. For sites without planning permission this has been based largely on a conservative density of 35 units per ha, e.g. the Vaughan Trading Estate. Sites may well come forward with a higher capacity at the planning application stage. The plan making process has sought to remove as far as possible uncertainty and to provide clarity. This has been based upon both the technical assessment of land and upon the land owners, businesses aspirations and views. The Annual Monitoring Report will allow an assessment of the plans progress each year. The Black Country Core Strategy review scheduled for 2016 will identify whether there are any major implications which would affect the SAD DPD. However it is acknowledged that circumstances may present new opportunities or issues that may affect the delivery of SAD DPD sites. The BCCS policy DEL2 will enable new sites to emerge, sites be amended or land uses changed whilst ensuring sufficient land will be available for the various uses.

The Council is therefore confident that the direction, objectives and the targets of the SAD DPD are robust and can be achieved despite potential changes to the circumstances surrounding individual sites.

Matter 2.8 Are appropriate arrangements in place to ensure proper monitoring of both DPDs? The Council believe that the indicators and targets set out in the document are suitable and appropriate to facilitate the monitoring of the Site Allocations and Delivery Document Plan Document (SAD DPD) and its delivery over the plan period. In line with PPS12, the SAD DPD submission document has a monitoring framework which sets out the mechanisms for monitoring the policies of the SAD DPD through the implementation of indicators and targets. This framework makes a key contribution to the soundness of the overall document. The framework is comprehensive and will allow a thorough annual assessment, through the production of the Annual Monitoring Report, to be made of whether the objectives and targets in the SAD DPD are being achieved. Where a policy is not meeting its objective, the AMR will consider what action, if any, should be taken. The AMR will also review housing supply and include an annually updated housing trajectory which will detail whether the housing targets for the plan period will be met. The targets identified are related to the delivery of the policies and they are SMART (specific, measureable, achievable, related and timely). The Sustainability Appraisals identify significant effect indicators which will be monitored in the AMR. The West Bromwich Area Action Plan has set out a range of monitoring measures to assess how well or otherwise the plan is delivering on its policies and proposals. The policies will be monitored against the Core and Local indicators as set out in the Adopted Core Strategy, as well as specific local indicators. The Monitoring Framework within the AAP sets out the various indicators which will help in monitoring how the policies and proposals are meeting the objectives of the Plan, which will be assessed through the Annual Monitoring Report. Where it is obvious that the policy is not meeting the target, this will need to be reviewed and suggested action proposed.