Agenda Item 22

REPORT TO CABINET

18 October 2017

Subject: Proposed Masterplan for residential development at Black Patch, Presenting Cabinet Councillor Paul Moore - Cabinet Member Member: for Regeneration and Economic Investment Director: Executive Director - Neighbourhoods - Alison Knight Contribution towards Vision 2030:

Key Decision: No

Forward Plan (28 day Business item notice) Reference:

Cabinet Member Approval Councillor Moore and Leader and Date: Director Approval: Alison Knight Reason for Urgency: Urgency provisions do not apply.

Exempt Information Ref: Exemption provisions do not apply.

Ward Councillor (s) Ward councillors have not been consulted. Consulted (if applicable):

Scrutiny Consultation Scrutiny have not been consulted. Considered? Contact Officer(s): Tammy Stokes Spatial Planning and Development Manager tammy_stokes@.gov.uk

Hayley Insley Senior Planner – Planning Regeneration [email protected]

1 DECISION RECOMMENDATIONS That Cabinet:

1. Consider the proposals being put forward for a land use change to the sites in the Black Patch area to that of residential.

2. Agree to the preparation of a masterplan and Interim Planning Statement as the way forward.

3. Receive a further report on the draft masterplan and Interim Planning Statement prior to public consultation being undertaken.

4. Agree to consult with Merry Hill Allotment plot holders to consider relocation to an alternative allotment site, the results of which will be reported to Cabinet in due course.

1 PURPOSE OF THE REPORT

1.1 Black Patch is situated in Smethwick on the border with City Council. Historically it was a vibrant area with a mix of residential and employment uses surrounding a public park with a community centre and school. However, demolition of the houses and maisonettes, the school and the community centre has led to the degradation of the park and environmental quality of the area.

1.2 The area around the park has no residential focus and also lacks natural surveillance. This has led to extensive fly-tipping and unauthorised access by travellers. The nearby allotments are not fully utilised and have attracted anti-social behaviour and fly-tipping. The surrounding area is primarily industrial. There are links to public transport via the Midland Metro at Booth Street and to the north and the Outer Circle bus route at Handsworth New Road to the east.

1.3 In order to see a transformational change in this area and improve its environmental quality the council needs to consider land use change from its existing industrial character to that of residential. This will assist in creating a new community with new homes surrounding the park, providing a focus for the Black Patch area with additional natural surveillance and a safer, improved environment.

1.4 A masterplan is to be prepared to consider the capacity for housing on the various sites in the area, the social and physical infrastructure required to serve the new residents and the improvements required to the park and public realm.

2 1.5 The masterplan will also consider any mitigation required due to the continued existence of the nearby industrial uses. A process also needs to be undertaken to address the changes to its current land use allocations in the adopted plan.

1.6 In the interim, officers are working with the Friends of Black Patch Group to improve the condition of the Park. Works have already taken place to remove fly tipping and improve boundaries, and officers will continue to work with the Friends group to develop a long term maintenance plan and seek funding from relevant sources to undertake improvements to the Park. Improving the condition of the Park will support any future residential developments in the area.

2 IMPLICATION FOR THE COUNCIL’S AMBITION

2.1 The new housing proposals will help in creating a new residential community in this part of the Borough, forging community cohesion and increasing the safety of the neighbourhood through an increased population. There will also be an emphasis on providing good quality, sustainable housing thus offering a choice of type and tenure to meet the needs and demands of families who wish to reside in Smethwick. The housing will be close to existing transport routes and services wherever possible with the shortfall being identified and provided in due course.

2.2 These proposals reflect the wishes of the local community in bringing new life back into Black Patch, by working with other agencies in order to deliver new housing, supported by the appropriate infrastructure to regenerate this part of the borough.

3 BACKGROUND AND MAIN CONSIDERATIONS

3.1 The area surrounding Black Patch Park has little natural surveillance due to the lack of residential or employment activity. This has led to a series of anti-social behaviour incidents requiring attendance and considerable expenditure from the emergency services and other agencies including officers from a number of council departments.

3.2 There have been suggestions that the solution to the long standing issues of fly-tipping, anti-social behaviour and unauthorised encampments could be the introduction of more natural surveillance by creating a community with new housing and associated infrastructure surrounding the park. More activity in the area would reduce the opportunity for crime and anti- social behaviour and would have substantial savings on the clearing of fly-tipping currently experienced.

3 3.3 The sites surrounding the park are either existing industrial or allocated for industrial use in the Development Plan. The Merry Hill allotments are unallocated. The allocations are not due for appraisal until the Site Allocations and Delivery DPD review commences in early 2018. Therefore, it is proposed to produce a masterplan and Interim Planning Statement which introduces a change of land use for Kitchener Street and Merry Hill Allotments from their existing allocations to residential. This Interim Planning Statement will then be a material consideration in determining future proposals and can be considered on review of the Site Allocations and Delivery DPD. This course of action will require support from Members due to the proposals not being in accordance with the adopted statutory development plan. It is estimated that the Masterplan and Interim Planning Statement will be finalised ready for endorsement by Cabinet in November 2018 which will introduce the interim zoning as residential.

3.4 In terms of Merry Hill Allotments it is estimated that the process to extinguish the allotments and obtain full vacant possession could take up to June 2019. This is due to statutory processes and timescales. It is intended to start consultation with plot holders this month to initiate the process for their closure.

3.5 In terms of Kitchener Street, should this site come forward for residential development, any planning application would need to be advertised as a departure and referred to Cabinet for decision. Having an interim planning statement in place would provide some credence to a planning application but it is not absolutely necessary to have this in place. Given this, the Kitchener Street could be brought forward prior to the closure of the allotments as phase I. Whilst these two sites are being proposed for housing in the masterplan, it may be possible to consider other sites in the area as suitable for redevelopment in the future.

4 THE CURRENT POSITION

4.1 The Black Patch area used to have a vibrant residential community adjoining the park and adjacent to an active employment zone. The residents also had access to a community centre and primary school. However, the terraced properties at Kitchener Street were demolished some thirty years ago leaving the site vacant ever since. The school was demolished in 1997. The maisonettes at Boulton Road were cleared around ten years ago which resulted in the closure of the Community Centre due to reduced demand. The Community Centre was demolished earlier this year as it had been severely vandalised and was an unstable structure. The only development that exists in this area is a small enclave of housing owned by Midland Heart at Avery Road and Murdock Road and a few properties on Perrott Street.

4 4.2 The park has seen little investment in recent years but has been a prime target for unauthorised encampments for travellers. This has resulted in residents and organised groups, e.g. local football teams finding other locations for their recreational pursuits due to health and safety issues. The travellers have also been responsible for leaving extensive debris on the park which is an additional cost to the taxpayer to clear. The lack of natural surveillance in this area provides the opportunity for these activities to occur. Measures have recently been taken to reduce this by the installation of a fence to the north of the park and the installation of CCTV focussing on the main location for the anti-social activity.

4.3 The council owned Merry Hill Allotments are currently active. However, they are in a poor condition with many plots remaining uncultivated. Out of the 113 plots only 47 are let representing 41% of the total, with only 5 of these being let to Sandwell residents. The site is also subject to fly- tipping and is a major target for anti-social behaviour. The proposal is to redevelop the allotments for housing. However, as these are statutory allotments the council will need to undertake the formal closure process. This necessitates a process of consultation with the existing plot owners, undertaken by the council’s Parks and Countryside Services, arranging relocation and compensation packages prior to requesting approval for their disposal from the Secretary of State. This process could take up to two years to complete although it is the council’s ambition to bring this forward as early as possible.

4.4 Preparatory work has already commenced regarding the impacts of the existing industrial uses on the new residential developments and the findings of the reports will enable mitigation measures to be incorporated into the masterplan. The masterplan will be prepared concurrently with other reports and the consultation on the allotment disposal to assist in expediting the process.

5 CONSULTATION (CUSTOMERS AND OTHER STAKEHOLDERS)

5.1 The draft Masterplan will be prepared and be subject to a public consultation exercise with existing residents at Avery Road, Murdock Road and Perrott Street, relevant stakeholders, businesses and related community groups.

5.2 Consultation will also be undertaken with Birmingham City Council to ensure conformity with the proposed developments within the Greater Icknield area and that the proposals achieve the wider aspirations of the Combined Authority. Engagement with Transport for will be particularly relevant with regards improving accessibility to the nearby Metro stops at Winson Green and Booth Street and public transport provision to the area. 5

5.3 There will be consultation with Birmingham and Sandwell residents on the disposal of the allotments which will be subject to a separate consultation exercise.

6 ALTERNATIVE OPTIONS

6.1 The Black Patch area is fairly isolated on the periphery of the borough, with rail lines running to the north and south resulting in the park and allotments being divorced from the built up residential areas within Birmingham. The road layout separates it from the industrial area to the west. The sites surrounding the park have been allocated for Industrial (B1) use since 2008 but no development has been forthcoming. Retaining these sites for employment use does seem an appropriate way forward.

6.2 Continuation of the current position – the do nothing approach - would result in further degradation of the area due to additional fly-tipping and anti-social behaviour. This would lead to unacceptable living conditions for the current residents in Avery Road, Murdock Road and Perrott Street and continued cost to the taxpayer of clearing rubbish from these sites.

6.3 Therefore the best course of action is considered to be proactively seeking a change of land use to that of residential. This would result in more activity and natural surveillance, reduced anti-social behaviour and fly-tipping. More use would be made of the park by the increased population which would give this area a distinct identity. It would also generate additional revenue for the authority through council tax payments.

7 STRATEGIC RESOURCE IMPLICATIONS

7.1 The Masterplan and consultation will be prepared within existing departmental budgets. Any requirements for additional physical and social infrastructure identified through the master plan or consultation exercise will need to be funded via the appropriate capital budgets or other identified funding streams. In the longer term the area may deliver a capital receipt should sites be disposed of for development, moreover the dwellings will also deliver additional council tax.

8 LEGAL AND GOVERNANCE CONSIDERATIONS

8.1 There are known restrictive covenants affecting the park and part of the allotments requiring the land to be used for open space and not build upon it. Should development of these sites come forward, the council will need to resolve the implications of this covenant.

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8.2 A number of options are available, including obtaining a release from the covenant, extinguishing the covenant, or to take out a defective title indemnity insurance policy, to protect against the risk of a person with the benefit of the restrictive covenant seeking to enforce it. Further options may be identified through the master plan or consultation exercise

8.3 As the allotments are statutory allotments, a process will need to be undertaken, by which the permission of the Secretary of State is obtained, before disposal of the site.

9 EQUALITY IMPACT ASSESSMENT

9.1 The preparation of the masterplan for the Black Patch area will involve a change in the land use allocations currently adopted. Therefore, if this is the agreed way forward, it will trigger the requirement for an Equality Impact Assessment to be undertaken to ensure that the views of all members of society have been considered.

10 DATA PROTECTION IMPACT ASSESSMENT

10.1 Any data collected through the preparation of the Masterplan or consultation exercise will be dealt with via the normal data protection procedures.

11 CRIME AND DISORDER AND RISK ASSESSMENT

11.1 Crime and disorder implications will be considered during the plan preparation and consultation will be undertaken with the Police Architectural Liaison Officer. However, it is considered that increasing activity in the area through the introduction of new homes would reduce the opportunity for crime and disorder and anti-social behaviour.

11.2 Whilst there may be risks and opportunities associated with the masterplan if approved, these will be reported to Cabinet as part of a further report. For the decisions being sought within this report, there are no significant risks that require noting.

12 SUSTAINABILITY OF PROPOSALS

12.1 The proposals for residential on the sites identified previously will reflect the direction of change envisaged for this area in terms of providing housing in line with the government’s agenda for new homes and the creation of sustainable communities.

7 12.2 The proposed alterations to land use will be incorporated within the emerging review of the Site Allocations and Delivery DPD early 2018.

13 HEALTH AND WELLBEING IMPLICATIONS (INCLUDING SOCIAL VALUE)

13.1 The proposals will encourage good quality housing close to a range of public transport options. The proximity of the park will provide access to leisure and recreational activities which will assist in improving the health and well-being of new residents.

13.2 Any requirement for new social facilities e.g. schools, health centres will be identified through the preparation of the masterplan and be accommodated accordingly. Funding for these facilities will need to be identified in due course.

14 IMPACT ON ANY COUNCIL MANAGED PROPERTY OR LAND

14.1 The land forming part of the proposals i.e.Kitchener Street and Merry Hill Allotments are all within the ownership of the local authority.

14.2 The land at Kitchener Street has been vacant for thirty years and therefore its redevelopment will reduce the costs to the council for the continued clearance of fly-tipping and maintenance.

15 CONCLUSIONS AND SUMMARY OF REASONS FOR THE RECOMMENDATIONS

15.1 The reduced activity and facilities on offer in Black Patch over recent years has led to the degradation of the area and resulted in a poor quality environment for the existing residents. There are issues relating to anti- social behaviour, extensive fly-tipping and unauthorised encampments by itinerants which result in a large call on resources from the council and emergency services.

15.2 The allocations for industrial use have been in place since 2008 with no development forthcoming. In order to regenerate this area and provide more of a focus, the proposal is to change its existing land use allocation to residential. This would create new, much needed homes and a new community surrounding Black Patch park. Increased activity would assist in reducing the opportunity for crime and encourage more active use of the park. The additional homes would generate a revenue stream from council tax payments. Engagement with the adjoining Birmingham City Council will be necessary to ensure joint working in the Greater Icknield and Smethwick areas as well as the need to facilitate discussions with Transport for West Midlands with regard improvements to Midland Metro stops and access. 8

15.3 As the proposals do not align with the current allocations in the adopted statutory plan, a process will need to be undertaken to alter the land uses for this area. It is proposed to prepare a masterplan to incorporate residential on sites at Kitchener Street and Merry Hill allotments. Preparatory work is currently underway to assess the environmental impacts of the existing industrial uses on the proposed housing, and the mitigation measures required, which will be incorporated into the masterplan and Interim Planning Statement.

15.4 As the disposal of the allotments will require approval from the Secretary of State and the proposals for residential are not in conformity with the adopted plan, approval to undertake a Masterplan and Interim Planning Statement as the way forward is requested from Members.

16 BACKGROUND PAPERS

16.1 None

17 APPENDICES:

None

Dr Alison Knight Executive Director – Neighbourhoods

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